Agenda 02/24/2026 Item #16K 7 ((Stipulated Final Judgment for the taking of Parcel 1293FEE required for the Vanderbilt Beach Road Extension Project No. 60249)2/24/2026
Item # 16.K.7
ID# 2026-427
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $190,000 plus $30,226 in statutory attorney
fees, expert fees, and costs for the taking of Parcel 1293FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1293FEE required for the construction of the
Vanderbilt Beach Road Extension Project No. 60249.
CONSIDERATIONS: On July 9, 2024, the Board authorized, via Resolution No. 2024-135, the condemnation of
Parcel 1293FEE for the construction of roadway, drainage and utility improvements required for the expansion and
extension of Vanderbilt Beach Road from 16th Street NE to Everglades Blvd. The fee simple acquisition area consists
of a strip taking along the rear, southernly boundary of the property and is approximately 0.76 acres in extent. The
parent tract is a vacant unimproved parcel owned by Robert R. McCluan as Trustee of the Robert R. McCluan Trust
dated May 31, 2007. The parent tract contains 5 acres of gross land area, which has been reduced to 4.24 acres after the
acquisition. An aerial photograph of the subject property is attached. The County’s appraiser estimated full
compensation at $118,200 including severance damages. The property owners initial demand was $306,300 not
including attorney’s fees and costs. The parties participated in informal negotiations and reached an agreement subject to
approval by the Board of County Commissioners. The attached Stipulated Final Judgment reflects a negotiated
compensation amount of $190,000 plus $23,694 in statutory attorney’s fees and $6,532 expert fees, for a total of
$220,226.
Staff recommends approval of this Stipulated Final Judgment since a better result is not anticipated at trial. Upon
approval, the County Attorney’s Office will file the Joint Motion and Stipulated Final Judgment with the Circuit Court.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation
system to reduce traffic congestion and improve the mobility of our residents and visitors.
FISCAL IMPACT: County is entitled to a credit of $118,200 for its good faith estimate of value. Funds for the balance
of $102,026 are available in the Vanderbilt Beach Road Extension Project Capital Fund, Project 60249. The primary
funding source for the acquisition of right of way is through Road Impact Fee District Funds (3090, 3091, 3092, 3093,
3094, 3095) in the Vanderbilt Beach Road from 16th to Everglades Project (60249). Should impact fees not be
sufficient, the secondary funding source will be Road Construction Gas Tax Fund (3083) and Transportation Capital
Fund (3081). The sources of funding are impact fees, gas tax and general funds.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. –
CMG
RECOMMENDATION(S): To approve the attached Joint Motion and Stipulated Final Judgment and authorize the
payment of funds as stated herein.
PREPARED BY: Robert Bosch, Manager, Manager ROW Acquisition, Operations and Performance Management
ATTACHMENTS:
1. P1293EE - Joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1293FEE
Page 2184 of 3023
[25-CA-205/1999793/1]
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
Collier County, Florida, a political Subdivision
of the State of Florida,
Plaintiff,
Case No. 25-CA-205
vs. Parcel 1293FEE
Mark Bernstein; Lisa Bernstein; Mortgage Electronic
Registration Systems, Inc., CrossCountry Mortgage, LLC;
Anderson J. Diaz Luzon; Abdis Garcia Cruz;
Yvette Hernandez; Yvonne Troise; Robert R. McCluan as
Trustee of the Robert R. McCluan Trust dated May 31, 2007; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1293FEE
Petitioner, Collier County, Florida, together with Respondent, Robert R. McCluan as
Trustee of the Robert R. McCluan Trust dated May 31, 2007, by and through undersigned counsel,
hereby respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to
Parcel 1293FEE attached hereto as Exhibit “1”.
_______________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
SALLY A. ASHKAR, ESQ.
Florida Bar No. 1007665
Collier County Attorney’s Office
3299 E. Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@collier.gov
Sally.Ashkar@collier.gov
Sheri.Malcolm@collier.gov
______________________ __
KENNETH A. JONES, ESQ.
Florida Bar No. 200158
Hahn Loeser & Parks, LLP
2400 First Street, Suite 300
Fort Myers, FL 33901-2904
Telephone: (239) 337-6754
COUNSEL FOR RESPONDENTS
kjones@hahnlaw.com
kzamzow@hahnlaw.com
Page 2185 of 3023
[25-CA-205/1999793/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated Final
Judgment was electronically filed with the Florida Courts E-Filing Portal on this _____ day of
______________ 2026.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
Page 2186 of 3023
[25-CA-205/1999793/1]
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
Collier County, Florida, a political Subdivision
of the State of Florida,
Plaintiff,
Case No. 25-CA-205
vs. Parcel 1293FEE
Mark Bernstein; Lisa Bernstein; Mortgage Electronic
Registration Systems, Inc., CrossCountry Mortgage, LLC;
Anderson J. Diaz Luzon; Abdis Garcia Cruz;
Yvette Hernandez; Yvonne Troise; Robert R. McCluan as
Trustee of the Robert R. McCluan Trust dated May 31, 2007; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1293FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondent, Robert R. McCluan as Trustee of the Robert R. McCluan
Trust dated May 31, 2007, by and through counsel, for the entry of a Stipulated Final Judgment as
to Parcel 1293FEE for Project 60249, and it appearing to this Court that proper notice was given
to the parties having any equity, lien, title, or other interest in or to the real property described
therein, and the Court being otherwise fully advised in the premises thereof, it is
ORDERED AND ADJUDGED that:
1. Respondent, Robert R. McCluan as Trustee of the Robert R. McCluan Trust dated
May 31, 2007, shall recover from Petitioner, Collier County, Florida, the total sum of One
Hundred Ninety Thousand Dollars and No/100 ($190,000.00), for Parcel 1293FEE, as full
payment for the property interest taken, including business damages, if any, in connection with
said Parcel.
Page 2187 of 3023
[25-CA-205/1999793/1]
2. Respondent, Robert R. McCluan as Trustee of the Robert R. McCluan Trust dated
May 31, 2007, shall recover from Petitioner, Collier County, Florida, the total sum of Twenty-
Three Thousand Six Hundred Ninety-Four Dollars and No/100 ($23,694.00), for all attorney
fees and attorney litigation costs in this case, including fees related to monetary and non-monetary
benefits.
3. Respondent, Robert R. McCluan as Trustee of the Robert R. McCluan Trust dated
May 31, 2007, shall recover from Petitioner, Collier County, Florida, the total sum of Six
Thousand Five Hundred Thirty-Two Dollars and No/100 ($6,532.00), for all expert fees and
costs associated with the acquisition of Parcel 1293FEE, and no other expert fees or costs shall
be paid in this matter.
4. Petitioner, Collier County, Florida, is entitled to a credit for the good faith estimate
of value previously deposited in the amount of One Hundred Eighteen Thousand Two Hundred
Dollars and No/100 ($118,200.00), as payment for the acquisition of Parcel 1293FEE, at which
time title to said Parcel as described in Exhibit “A” vested in the name of Petitioner, Collier
County, Florida.
5. Within thirty (30) days from the entry of this Order, Petitioner, Collier County,
Florida, shall pay the sum of One Hundred Two Thousand Twenty-Six Dollars and No/100
($102,026.00), representing the balance of the total sum due for the acquisition of Parcel 1293FEE,
and the attorney’s fees and costs, and expert fees and costs, by issuing a check payable to Hahn
Loeser & Parks, LLP Trust Account, and mailing it to Kenneth Jones, Esq., Hahn Loeser & Parks,
LLP, 2400 First Street, Suite 300, Fort Myers, FL 33901.
6. Collier County's initial construction of the subject project shall substantially
conform with the County's 90% construction plans, filed with the Court on March 24, 2025 and
Page 2188 of 3023
[25-CA-205/1999793/1]
March 26, 2025. The 90% construction plans provide for two travel lanes on Vanderbilt Beach
Road; however, the right-of-way footprint is sufficient to accommodate up to a six-lane road
design on Vanderbilt Beach Road for which Respondents are entitled to compensation. Such
compensation, if any, is reflected in the herein Final Judgment. No additional compensation shall
be due to Respondents for the actual future widening of Vanderbilt Beach Road up to four-lanes
or six-lanes, including related roadway improvements to Vanderbilt Beach Road.
7. This Order disposes of all claims arising out of the taking of Parcel 1293FEE that
have or could have been asserted in this cause.
8. A fee simple taking, being fully described in Exhibit “A” attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated
April 30, 2025, and the deposit of money heretofore made, is approved, ratified, and confirmed.
9. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
6438, Page 1529 of the Public Records of Collier County, Florida be dismissed as to Parcel
1293FEE.
10. Respondent, Rob Stoneburner, Collier County Tax Collector is dismissed from
this action as to Parcel 1293FEE.
11. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
12. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Page 2189 of 3023
[25-CA-205/1999793/1]
Exhibit “A”
Page 2190 of 3023
AERIAL – PARCEL 1293FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
12th Ave NE
PARCEL 1293FEE
/
Page 2191 of 3023