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Agenda 04/28/2026 Item #16K 6 (Stipulated Final Judgment in the total amount of $280,000, inclusive of attorney’s fees and expert fees and costs, for the taking of Parcel 1327FEE)4/28/2026 Item # 16.K.6 ID# 2026-1059 Executive Summary Recommendation to approve a Stipulated Final Judgment in the total amount of $280,000, inclusive of attorney’s fees and expert fees and costs, for the taking of Parcel 1327FEE required for the Vanderbilt Beach Road Extension Project No. 60249. OBJECTIVE: To settle full compensation for the taking of Parcel 1327FEE 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 1327FEE 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, southerly boundary of the property and is approximately 0.48 acres in extent. The parent tract is improved with a single-family home and is owned by GA Property N LLC., and contains 2.5 acres of gross land area, which has been reduced to 2.02 acres after the acquisition. An aerial photograph of the subject property is attached. The County’s appraiser estimated full compensation at $90,000, including severance damages. The property owner’s initial demand was $378,395 plus attorney’s fees, expert fees, and costs. The parties participated in mediation and reached an agreement post-mediation. The attached Stipulated Final Judgment reflects a negotiated global compensation amount of $280,000, inclusive of statutory attorney’s fees, expert fees, and costs. 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 $83,400 for its good faith estimate of value. Funds for the balance of $196,770, which includes the Clerk’s $170.00 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 St NE to Everglades Blvd. Project (60249). Should impact fees not be sufficient, the secondary funding source will be the Road Construction Gas Tax Fund (3083) and the Transportation Capital Fund (3081). 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. - SAA 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, ROW Acquisition, Transportation Engineering Division ATTACHMENTS: 1. P1327FEE - Joint Motion for Stipulated Final Judgment(1) 2. Aerial - Parcel 1327FEE [25-CA-214/2009830/1] 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-214 vs. Parcel 1327FEE Alejandro Arias; John H. Yates; Amy A. Yates; Mortgage Electronic Registration Systems, Inc; Suncoast Credit Union; Raimar Vinent; Ramlet Vinent; Travis N. Ash; Ashley E. Ash; Lake Michigan Credit Union; GA Property N LLC; Unknown Tenants; ARA Construction and Investments, Inc; Isany Quincoses; Training Licensing Center, Inc; and Rob Stoneburner, Collier County Tax Collector, Respondents. ______________________________________________/ JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO PARCEL 1327FEE Petitioner, Collier County, Florida, together with Respondent, GA Property N LLC, by and through the undersigned counsel, hereby respectfully moves this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1327FEE 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 _/s/ Brian A. Bolves___ ___ BRIAN A. BOLVES, ESQ. Florida Bar No. 367079 Bolves Law Group, PLLC PO Box 20762 Tampa, FL 33622 Telephone: (813) 814-1090 COUNSEL FOR RESPONDENT BrianB@bolveslawgroup.com VickiD@bolveslawgroup.com [25-CA-214/2009830/1] 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: _______________________________ SALLY A. ASHKAR, ESQ. [25-CA-214/2009830/1] 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-214 vs. Parcel 1327FEE Alejandro Arias; John H. Yates; Amy A. Yates; Mortgage Electronic Registration Systems, Inc; Suncoast Credit Union; Raimar Vinent; Ramlet Vinent; Travis N. Ash; Ashley E. Ash; Lake Michigan Credit Union; GA Property N LLC; Unknown Tenants; ARA Construction and Investments, Inc; Isany Quincoses; Training Licensing Center, Inc; and Rob Stoneburner, Collier County Tax Collector, Respondents. ______________________________________________/ STIPULATED FINAL JUDGMENT AS TO PARCEL 1327FEE (with Disbursement Instructions to the Clerk) THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner, Collier County, Florida, and Respondent, GA Property N LLC, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1327FEE 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, GA Property N LLC, shall recover from Petitioner, Collier County, Florida, the total sum of Two Hundred Eighty Thousand Dollars and No/100 ($280,000.00), for Parcel 1327FEE, as full payment for the property interest taken, including business damages, if any, and including all attorney fees and costs, and expert fees and costs. [25-CA-214/2009830/1] 2. Petitioner, Collier County, Florida, is entitled to a credit for the good faith estimate of value previously deposited in the amount of Eighty-Three Thousand Four Hundred Dollars and No/100 ($83,400.00), as payment for the acquisition of Parcel 1327FEE, at which time title to said Parcel as described in Exhibit “A” vested in the name of Petitioner, Collier County, Florida. 3. The Clerk shall immediately disburse from the Registry as follows: a. the sum of One Hundred Eight Dollars and 04/100 ($108.04) (based on $0.74 per day for 146 days for the period of Jan. 1, 2025, through May 26, 2025,) to the Collier County Tax Collector c/o Kelly Bartlett. b. The Clerk shall disburse the balance of the funds in the amount of Eighty-Three Thousand Two Hundred Ninety-One Dollars and 96/100 ($83,291.96) to the Respondent by issuing a check payable to Bolves Law Group, PLLC Trust Account, and mailing the check to Bolves Law Group, PLLC, c/o Brian A. Bolves, Esq., 3501 Bessie Coleman Blvd., Unit 20762, Tampa, FL 33630. 4. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total sum of One Hundred Ninety-Six Thousand Six Hundred Dollars and No/100 ($196,600.00), representing the balance of total sum due for the acquisition of Parcel 1327FEE, by issuing a check payable to Bolves Law Group, PLLC Trust Account, and mailing the check to Bolves Law Group, PLLC, c/o Brian A. Bolves, Esq., 3501 Bessie Coleman Blvd., Unit 20762, Tampa, FL 33630. 5. 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; however, the right-of-way footprint is sufficient to accommodate up to a six-lane road design. No additional compensation shall be due [25-CA-214/2009830/1] to Respondent for the future widening of Vanderbilt Beach Road up to four-lanes or six-lanes, including related roadway improvements to Vanderbilt Beach Road. 6. This Order disposes of all claims arising out of the taking of Parcel 1327FEE that have or could have been asserted in this cause. 7. 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 May 21, 2025, and the deposit of money heretofore made, is approved, ratified, and confirmed. 8. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book 6438, Page 1780 of the Public Records of Collier County, Florida be dismissed as to Parcel 1327FEE. 9. Respondents, Unknown Tenants, ARA Construction and Investments, Inc; Isany Quincoses; Training Licensing Center, Inc., and Rob Stoneburner, Collier County Tax Collector are dismissed from this action as to Parcel 1327FEE. 10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment. 11. This Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. [25-CA-214/2009830/1] Exhibit “A” AERIAL – PARCEL 1327FEE (VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249 PARCEL 1327FEE GOLDEN GATE CANAL / 12th Ave NE