Agenda 04/14/2026 Item #16K14 (Stipulated Final Judgment for the taking of Parcel 1420TDRE required for the Vanderbilt Beach Road Extension Project No. 60249)4/14/2026
Item # 16.K.14
ID# 2026-876
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $23,565 plus $15,511 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1420TDRE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1420TDRE 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 1420TDRE 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 TDRE (temporary driveway
restoration easement) acquisition area consists of a strip taking along the front easterly boundary of the property and is
approximately 0.01 acres in extent. The parent tract consists of a single-family home and associated improvements
owned by Israel Del Rio and Arabelys Del Rio and contains 1.17 acres of gross land area. An aerial photograph of the
subject property is attached. The County’s appraiser estimated full compensation at $3,565 not including severance
damages. The property owner’s initial demand was $140,600 including severance damages, plus attorney’s fees and
expert fees and costs. The parties participated in informal negotiations and reached a settlement subject to approval of
the Board of County Commissioners. The attached Stipulated Final Judgment reflects a negotiated compensation
amount of $23,565 plus $6,600 in statutory attorney’s fees and $8,911 in expert fees, for a total of $39,076.
Staff recommends that the Board approve this Stipulated Final Judgment since a better result is not anticipated at trial.
Upon approval, the County Attorney’s Office will file 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 $3,565 for its good faith estimate of value. Funds for the balance of
$35,511, 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 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. P1420TDRE -Joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1420TDRE
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[25-CA-240/2009170/1]
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-240
vs. Parcel 1420TDRE
Israel Del Rio; Arabelys Del Rio; Verde Vision
Landscapes LLC; Mortgage Electronic Registration
Systems Inc; Melissa Y. Neubek; Matthew B. Neubek;
Dianelys Cespedes Mendez; Aniek De La Caridad Rohl;
Unknown Tenant(s); Carrie Ann Britt; Wayne Edward Serra;
Lakeview Loan Servicing LLC; US Department of
Housing and Urban Development; Energy Solutions Direct;
Estate of George W. Rilinger; Catterina M. Rilinger; Meta Weld LLC;
Serra Construction LLC; Kids R Therapy LLC,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1420TDRE
Petitioner, Collier County, Florida, together with Respondents, Israel Del Rio and Arabelys
Del Rio, by and through undersigned counsel, hereby respectfully move this Court for the entry of
the foregoing Stipulated Final Judgment as to Parcel 1420TDRE 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
Florida Bar No. 1013925
Hahn Loeser & Parks, LLP
2400 First Street, Suite 300
Fort Myers, FL 33901-2904
Telephone: (239) 337-6754
COUNSEL FOR RESPONDENTS
kjones@hahnlaw.com
MACanter@hahnlaw.com
jstone@hahnlaw.com
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[25-CA-240/2009170/1]
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 3037 of 3203
[25-CA-240/2009170/1]
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-240
vs. Parcel 1420TDRE
Israel Del Rio; Arabelys Del Rio; Verde Vision
Landscapes LLC; Mortgage Electronic Registration
Systems Inc; Melissa Y. Neubek; Matthew B. Neubek;
Dianelys Cespedes Mendez; Aniek De La Caridad Rohl;
Unknown Tenant(s); Carrie Ann Britt; Wayne Edward Serra;
Lakeview Loan Servicing LLC; US Department of
Housing and Urban Development; Energy Solutions Direct;
Estate of George W. Rilinger; Catterina M. Rilinger; Meta Weld LLC;
Serra Construction LLC; Kids R Therapy LLC,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1420TDRE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Israel Del Rio and Arabelys Del Rio, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 1420TDRE 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, Israel Del Rio and Arabelys Del Rio, shall recover from Petitioner,
Collier County, Florida, the total sum of Twenty-Three Thousand Five Hundred Sixty-Five
Dollars and No/100 ($23,565.00), for Parcel 1420TDRE, as full payment for the property interest
taken, including business damages, if any, in connection with said Parcel.
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[25-CA-240/2009170/1]
2. Respondents, Israel Del Rio; Arabelys Del Rio, shall recover from Petitioner,
Collier County, Florida, the total sum of Six Thousand Six Hundred Dollars and No/100
($6,600.00), for all attorney’s fees and attorney litigation costs in this case, including fees related
to monetary and non-monetary benefits.
3. Respondents, Israel Del Rio; Arabelys Del Rio, shall recover from Petitioner,
Collier County, Florida, the total sum of Eight Thousand Nine Hundred Eleven Dollars and
No/100 ($8,911.00), for all expert fees and costs, associated with the acquisition of Parcel
1420TDRE, 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 Three Thousand Five Hundred Sixty-Five
Dollars and No/100 ($3,565.00), as payment for the acquisition of Parcel 1420TDRE, 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 Thirty-Five Thousand Five Hundred Eleven Dollars and No/100
($35,511.00), representing the total balance due for the acquisition of Parcel 1420TDRE,
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., c/o Hahn Loeser & Parks, LLP,
2400 First Street, Suite 300, Fort Myers, FL 33901 for distribution.
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
90% construction plans provide for two travel lanes on Vanderbilt Beach Road and Everglades
Blvd.; however, the right-of-way footprint is sufficient to accommodate up to a six-lane road
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[25-CA-240/2009170/1]
design on Vanderbilt Beach Road and a four-lane road design on Everglades Blvd., for which
Respondents are entitled to compensation. Such compensation, if any, is reflected in this Final
Judgment. No additional compensation shall be due to the Respondents for the actual future
widening of Vanderbilt Beach Road up to four-lanes or six-lanes, and Everglades Blvd., up to four-
lanes, including related roadway improvements to Vanderbilt Beach Road and Everglades Blvd.
7. Collier County will construct Respondents’ driveway as depicted in the attached
Exhibit “B”.
8. This Order disposes of all claims arising out of the taking of Parcel 1420TDRE that
have or could have been asserted in this cause.
9. A temporary driveway restoration easement, 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.
10. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
6438, Page 3881 of the Public Records of Collier County, Florida be dismissed as to Parcel
1420TDRE.
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”
Exhibit “B”
Page 3041 of 3203
AERIAL – PARCEL 1420TDRE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
PARCEL 1420TDRE
10TH AVE NE
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