Agenda 04/14/2026 Item #16K12 (Stipulated Final Judgment for the taking of Parcel 1282FEE required for the Vanderbilt Beach Road Extension Project No. 60249)4/14/2026
Item # 16.K.12
ID# 2026-874
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $125,000 plus $27,098 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1282FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1282FEE 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 1282FEE 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, northern boundary of the property and is approximately 0.38 acres in extent. The parent
tract is improved with a single-family home and associated improvements owned by Michael Eastman. The parent tract
contains 2.50 acres of gross land area, which will be reduced to 2.12 acres after the acquisition. An aerial photograph of
the subject property is attached. The County’s appraiser estimated full compensation at $67,100 including severance
damages. The property owner’s initial demand was $210,900 plus attorney’s fees and expert 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 Judgement reflects a negotiated compensation amount of $125,000 plus
$19,107 in statutory attorney’s fees and $7,991 in expert fees and costs, for a total of $152,098.
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 $67,100 for its good faith estimate of value. Funds for the balance
of $84,998 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).
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. P1282FEE - Joint Motion for Stipulated Final Judgment(1)
2. Aerial - Parcel 1282FEE
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[25-CA-194/2010305/1]
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-194
vs. Parcel 1282FEE
Janet Acevedo; Adrian Ley; DSA Nursery, Inc.,
US Department of Housing and Urban Development;
Mortgage Electronic Registration Systems, Inc., Midfirst
Bank, a Federally Chartered Savings Association;
Cavalry SPV I, LLC, as assignee of Synchrony Bank; Jennifer
Elmore; 121 Financial Credit Union f/k/a Florida Telco
Credit Union; Portfolio Recovery Associates, LLC, assignee of
GE Capital Retail Bank / JC Penny; Estate of James M. Braddock;
Estate of Cynthia S. Braddock; Tim T. Rudd; 1187 Corporation;
Michael S. Eastman; Angela M. Eastman; and Rob
Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1282FEE
Petitioner, Collier County, Florida, together with Respondents, Michael S. Eastman and
Angela M. Eastman, by and through undersigned counsel, hereby respectfully move this Court for
the entry of the foregoing Stipulated Final Judgment as to Parcel 1282FEE 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/ KENNETH A. JONES______
KENNETH A. JONES, ESQ.
Florida Bar No. 200158
MEREDITH A. CANTER, ESQ.
Florida Bar No. 1013925
Hahn Loeser & Parks, LLP
2400 First Street, Suite 300
Fort Myers, FL 33901-2904
Telephone: (239) 337-6754
COUNSEL FOR RESPONDENT
kjones@hahnlaw.com
macanter@hahnlaw.com
jstone@hahnlaw.com
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[25-CA-194/2010305/1]
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.
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[25-CA-194/2010305/1]
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-194
vs. Parcel 1282FEE
Janet Acevedo; Adrian Ley; DSA Nursery, Inc.,
US Department of Housing and Urban Development;
Mortgage Electronic Registration Systems, Inc., Midfirst
Bank, a Federally Chartered Savings Association;
Cavalry SPV I, LLC, as assignee of Synchrony Bank; Jennifer
Elmore; 121 Financial Credit Union f/k/a Florida Telco
Credit Union; Portfolio Recovery Associates, LLC, assignee of
GE Capital Retail Bank / JC Penny; Estate of James M. Braddock;
Estate of Cynthia S. Braddock; Tim T. Rudd; 1187 Corporation;
Michael S. Eastman; Angela M. Eastman; and Rob
Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1282FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Michael S. Eastman and Angela M. Eastman, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1282FEE 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. Respondents, Michael S. Eastman and Angela M. Eastman, shall recover from
Petitioner, Collier County, Florida, the total sum of One Hundred Twenty-Five Thousand
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[25-CA-194/2010305/1]
Dollars and No/100 ($125,000.00), for Parcel 1282FEE, as full payment for the property interest
taken, including business damages, if any, in connection with said Parcel.
2. Respondents, Michael S. Eastman and Angela M. Eastman, shall recover from
Petitioner, Collier County, Florida, the total sum of Nineteen Thousand One Hundred Seven
Dollars and No/100 ($19,107.00), for all attorney fees and attorney litigation costs in this case,
including fees related to monetary and non-monetary benefits.
3. Respondents, Michael S. Eastman and Angela M. Eastman, shall recover from
Petitioner, Collier County, Florida, the total sum of Seven Thousand Nine Hundred Ninety-
One Dollars and No/100 ($7,991.00), for all expert fees and costs associated with the acquisition
of Parcel 1282FEE, 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 Sixty-Seven Thousand One Hundred Dollars
and No/100 ($67,100.00), as payment for the acquisition of Parcel 1282FEE, 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 Eighty-Four Thousand Nine Hundred Ninety-Eight Dollars and
No/100 ($84,998.00), representing the balance of the total sum due for the acquisition of Parcel
1282FEE, 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 26, 2025. The
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[25-CA-194/2010305/1]
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.
7. This Order disposes of all claims arising out of the taking of Parcel 1282FEE 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
June 20, 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 920 of the Public Records of Collier County, Florida be dismissed as to Parcel
1282FEE.
10. Respondent, Rob Stoneburner, Collier County Tax Collector, is dismissed from
this action as to Parcel 1282FEE.
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.
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Exhibit “A”
Page 3025 of 3203
AERIAL – PARCEL 1282FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
PARCEL 1282FEE
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