Agenda 02/24/2026 Item #16K 9 (An Amended Stipulated Order of Taking and Stipulated Final Judgment in statutory attorney fees, expert fees, and costs for the taking of Parcels 1316FEE2 and 1316DE required for the Vanderbilt Beach RD Ext. Project #60249)2/24/2026
Item # 16.K.9
ID# 2026-433
Executive Summary
Recommendation to approve an Amended Stipulated Order of Taking and Stipulated Final Judgment in the amount of
230,000 plus $56,514 in statutory attorney fees, expert fees, and costs for the taking of Parcels 1316FEE2 and 1316DE
required for the Vanderbilt Beach Road Extension Project No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcels 1316FEE2 and 1316DE 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
Parcels 1316FEE2 and 1316DE 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, northernly boundary of the property and is approximately 0.53 acres in
extent, and the drainage easement (DE) area is approximately 0.01 acres. The parent tract is improved with a single-
family home and associated improvements owned by Jacqueline Roque De Escobar. The parent tract contains 3.48 acres
of gross land area, which has been reduced to 2.94 useable acres after the acquisition. An aerial photograph of the
subject property is attached. The County’s appraiser estimated full compensation at $92,200 including severance
damages. The property owners initial demand was $419,338 not including attorney’s fees and costs. The parties
participated in mediation and reached an agreement subject to approval by the Board of County Commissioners. The
attached Stipulated Final Judgment reflects a negotiated compensation amount of $230,000 plus $45,474 in statutory
attorney’s fees and $11,040 expert fees, for a total of $286,514.
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 $92,200 for its good faith estimate of value. Funds for the balance
of $194,484, including the $170 Clerk’s deposit fee, 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 source 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 a majority vote for Board
approval. – CMG
RECOMMENDATION(S): To approve an Amended Stipulated Order of Taking and Joint Motion for 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. Signed JM P1316FEE2 DE
2. Aerial - Parcel - 1316FEE2 & DE
Page 2200 of 3023
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
Cal tt'I 1 W.T411410
Collier County, Florida, a political Subdivision
of the State of Florida,
Plaintiff, Case No. 25-CA-218
VS. Parcels: 1316FEE21DE
Monfort Cherelus; Brunette Cherelus; Jacqueline
Roque De Escobar; Mortgage Electronic Registration
Systems, Inc., Sunshine Way Investments LLC, a
Florida limited liability company; Thomas E. Madigan;
Suntrust Bank NKA Truist Bank; U.S. Small Business Administration;
Trois Etoiies, LLC; and Rob Stoneburner, Collier County Tax Collector,
Respondents.
JOINT MOTION FOR AN AMENDED STIPULATED ORDER OF TAKING NUNC PRO
T'UNC AND A FINAL JUDGMENT AS TO PARCELS 1316FEE2 AND 1316DE
COMES NOW, Petitioner, Collier County, Florida, together with Respondent, Jacqueline
Roque De Escobar, by and through undersigned counsel, and hereby respectfully move for entry
of Amended Stipulated Order of Taking Nunc Pro Tunc and a Stipulated Final Judgment as to
Parcels 1316FEE2 and 1316DE, 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
Col 1 ee n. G ree ne@co l l i e r. gov
Sal ly.Ashkar rr,collier.gov
Sheri. M a lcol ma col 1 i er. gov
J.
Bar Nlo. 73944
G1NO LU�ZI TI, ESQ.
Flo ' ar No. 310130
GrayRobinson, P.A.
301 S Bronough St Ste 600
Tallahassee, FL 32301-1724
Telephone: (850-577-9090)
COUNSEL FOR RESPONDENT
mike.tomkiewiczO.P-rav-robinson.com
p,ino.luzietti@gray-robinson.com
dawn.wilki nsonLa)gray-robinson.com
[25-CA 21 &2000013I1 ]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for an Amended
Stipulated Order of Taking Nune Pro Tune and a Final Judgment was electronically filed with the
Florida Courts E-Fi ling Portal which will serve notice upon all interested parties on this day
of 2026.
M- 4
COLLEEN M. GREENE, ESQ.
[25-CA-21812000013/ 11
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-218
vs. Parcels: 1316FEE2/DE
Monfort Cherelus; Brunette Cherelus; Jacqueline
Roque De Escobar; Mortgage Electronic Registration
Systems, Inc., Sunshine Way Investments LLC, a
Florida limited liability company; Thomas E. Madigan;
Suntrust Bank NKA Truist Bank; U.S. Small Business Administration;
Trois Etoiles, LLC; and Rob Stoneburner, Collier County Tax Collector,
Respondents.
AMENDED STIPULATED ORDER OF TAKING NUNC PRO TUNC AND A FINAL
JUDGMENT AS TO PARCELS 1316FEE2 AND 1316DE
(with Disbursement Instructions to the Clerk)
TFUS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondent, Jacqueline Roque De Escobar, by and through counsel,
for entry of an Amended Stipulated Order of Taking Nunc Pro Tunc and a Final Judgment as to
Parcels 1316FEE2 and. 1316DE for Project No. 60249, and it appearing to the 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, it is therefore
ORDERED AND ADJUDGED that:
The Stipulated Order of Taking entered on .tune 23, 2025, for the acquisition of
Parcels 1316FEE2 and 1316DE is amended nunc pro tune to correct the Legal Description for
Parcel 1316FEE2. The correct legal description is attached hereto as Composite Exhibit "A".
2. Respondent, Jacqueline Roque De Escobar shall recover from Petitioner,
[25-CA-21 &200001311]
Collier County, Florida, the total sum of Two Hundred Thirty Thousand Dollars and No1100
($230,000.00), for the acquisition of Parcels 1316FEE2 and 1316DE, as full payment for the
property interests taken, including business damages, if any, in connection with said Parcels,
subject to apportionment, if any. Respondent is responsible for any lender fees owed.
3. Respondent, Jacqueline Roque De Escobar shall recover from Petitioner, Collier
County, Florida, the total susn of Forty -Five Thousand Four Hundred Seventy -Four Dollars
and No1100 ($45,474.00), for all statutory attorney fees and attorney litigation costs in this case,
including fees related to monetary and non -monetary benefits including supplemental attorney fees
or apportionment fees, or any.
4. Respondent, Jacqueline Roque De Escobar, shall recover from Petitioner, Collier
County, Florida, the total sum of Eleven Thousand Forty Dollars and No1100 ($11,040.00), for
all expert fees and costs associated with the acquisition of Parcels 1316FEE2 and 1316DE, and no
other expert fees or costs shall be paid in this matter.
S. Petitioner, Collier County, Florida, is entitled to a credit for the good faith estimate
of value previously deposited in the amount of Ninety -Two Thousand Two Hundred Dollars
No1100 ($92,200.00), as payment for the acquisition of Parcels 1316FEE2 and 1316DE, at which
time title to said Parcels as described in Composite Exhibit "A" vested in the name of Petitioner,
Collier County, Florida.
6. Within thirty (30) days from the entry of this Order, Petitioner, Collier County,
Florida, shall pay the sum of Fifty -Six Thousand Five Hundred Fourteen Dollars and No1100
($56,514.00), representing the attorney's fees and costs, and expert fees and costs, by issuing a
check payable to GrayRobinson, P.A. Trust Account, and mailing it to Michael J. Tomkiewica,
Esq., c/o GrayRobinson, P.A., 301 E. Pine Street, Suite 1400, Orlando, FL 32801.
(25-CA-21 WO0001311)
7. Within twenty (20) days from the entry of this Order, Petitioner, Collier County,
Florida, shall deposit into the Court's Registry the sure of One Hundred Thirty -Seven Thousand
Eight Hundred Dollars and No1100 ($137,800.00), representing the balance due for the
acquisition of Parcels 1316FEE2 and 1316DE.
8, Immediately upon deposit, the Clerk of the Courts shall disburse the sum of One
Hundred Thirty -Seven Thousand Eight Hundred Dollars and No1100 ($137,800.00) to
Respondent, Jacqueline Roque De Escobar, by issuing a check payable to Gray Robinson, P.A,
Trust Account, and mailing it to Michael J. Tomkiewicz, Esq., c/o GrayRobinson, P.A., 301 E.
Pine Street, Suite 1400, Orlando, FL 32801.
9. 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 25, 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 Respondent is entitled to compensation. Such compensation, if any, is reflected in
the herein Final Judgment. No additional compensation shall be due to Respondent for the actual
future widening of Vanderbilt Beach Road up to four -lanes or six -lanes, including related roadway
improvements to Vanderbilt Beach Road.
10. This Order disposes of all claims arising out of the taking of Parcels 1316FEE2 and
1316DE that have or could have been asserted in this cause.
11. A fee simple taking for Parcel 1316FEE2, and a drainage easement for Parcel
1316DE, being fully described in Composite Exhibit "A" attached hereto and incorporated
herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated June 23, 2025,
[as-cn-z 1 s/a0000 13l1 t
and the deposit of money heretofore trade, is approved, ratified, and confirmed as amended nunc
pro tunc.
12. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
6438, Page 1952 of the Public Records of Collier County, Florida be dismissed as to Parcels
1316FEE2 and 1316DE.
13. Respondent, Rob Stoneburner, Collier County Tax Collector is dismissed from
this action as to Parcels 1316FEE2 and 1316DE.
14. This Court reserves jurisdiction to enforce the terms of this Stipulated final
Judgment.
15. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
[2 5-CA-218l20 QQQ l 3111
Composite Exhibit "A"
LEGAL. DESCRIPTION FOR PARCEL 131 BFEE2
A PORTION OF TRACT 103, GOLDEN GATE ESTATES UNIT 16, AS RECORDED IN FIAT BOOK 7, PACE
3, OF DtF PUBLIC RFCORDS OF Cou.*R COUNTY, FLOWDA, LYING IN SFCTION 36, TOWNSHIP 48
SOLITH, RANGE 27 FAST, C011.IFR CO:INTY, FI.ORIDA, AFING IUORF. PARTICUTA%.Y OFSCRIRFD AS
FOl LOWS:
I011- NORTH IOC FEET OF THE EAST 230 FEET OF SAID 1RACT 103.
CONTAINING 23,0005OUARE FEEL, OR 0.53 ACK5, MORE OR LESS.
I+�:4tilrri �s Digit
LEGAL DESCRIPTION FOR PARCEL 1316DE
A PORTION OF TRACT 103. GOLDEN GATE ESTATES UNIT 18, AS RECORDED IN PLAT BOOK 7, PAGE 3.
OF THE PUBUC RECORDS OF COLDER COUNTY, FLORIDA. LYING IN SECTION 36, TOWNSHIP 48 SOVTH.
RANGE 27 EAST, COLDER COVNTY, FLORX)k BEING MORE PARTICULARLY DESCRiBED AS FOLLOWS-.:
C0IWEWNG AT THE NORTHEAST CORNER OF SAID TRACT 103;
THENCE S8731'071Y ALONG SAID NORTH LINE, FOR 75.00 FEET TO A POINT ON THE WEST UNE OF
A 75 FOOT VnI E DRAINAGE FA.SOJENT, THENCE SW28-01-E ALONG THE EAST UNE OF SAID DRA1NAfE
EASEMENT, FOR 100.00 FEET TO THE POINT OF BEGINNING OF THE HERON DESCRIBED PARCEL -
THENCE SOQ" 28'01'E ALONG S ;D EAST LINE, FOR 50.00 FEET;
THE)4CE S8ir31'O7'W-. FOR 10.00 FEET;
THENCE NW28'011Y, FOR KOO FEET:
THENCE NW31'07'E• FOR 10,00 FEET, ALONG SAID NOM LINE TO THE PDtNT OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL Digitally
CONTAIMNG 5O0 SQUARE FEET, ALSO .01 ACRES. MORE OR LESS. Michael
+ ►�� Date: 2C
[25-C:A-21 V2000013I1 ]
AERIAL – PARCEL 1316FEE2 & DE
Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
PARCEL 1316FEE2
PARCEL 1316DE
Page 2208 of 3023