Agenda 04/14/2026 Item #16K10 (Stipulated Order of Further Extended Possession for Parcel 1463RDUE/TDRE, permitting Respondents to temporarily remain in possession of the property)4/14/2026
Item # 16.K.10
ID# 2026-836
Executive Summary
Recommendation to approve a Stipulated Order of Further Extended Possession for Parcel 1463RDUE/TDRE in the
condemnation case styled Collier County v. Del Rio, et al., Case No. 25-CA-240, allowing continued occupancy of the
subject property through June 30, 2026, under specified terms and conditions, for the Vanderbilt Beach Road Extension
Project No. 60249.
OBJECTIVE: To authorize a Stipulated Order of Further Extended Possession for Parcel 1463RDUE/TDRE,
permitting Respondents to temporarily remain in possession of the property.
CONSIDERATIONS: On September 9, 2025, the Court entered a Stipulated Amended Order of Taking and Final
Judgment for Parcel 1463RDUE/TDRE. As part of that agreement, Respondents were granted extended possession of
the property through March 31, 2026, pursuant to agreed-upon terms and conditions.
The Respondents, Carrie Ann Serra (f/k/a Carrie Ann Britt) and Wayne Edward Serra, have requested a further
extension of possession from March 31, 2026, through June 30, 2026. The County has agreed to this extension subject to
additional consideration and continued compliance with the previously established terms.
Under the proposed Stipulated Order:
• Respondents will pay the County $2,800 per month, payable in advance beginning April 1, 2026.
• Respondents will reimburse the County $65.34 for prorated non-ad valorem taxes for the extension period.
• Respondents must maintain insurance coverage through June 30, 2026, and provide proof of such coverage.
• All prior terms and conditions of the Stipulated Amended Order of Taking and Final Judgment remain in full
force and effect.
Staff supports this extension as it provides compensation to the County while accommodating the Respondents’ need for
additional time to vacate the property. The extended possession will not conflict with the anticipated construction
schedule for the Vanderbilt Beach Road Extension Project.
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: The County will receive revenue in the amount of $2,800 per month for the duration of the
extended possession period, along with reimbursement of $65.34 for non-ad valorem taxes. The revenue will be
deposited into the Road Impact Fee District Fund (3090), project 60249. There is no negative fiscal impact associated
with this action.
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. –
SAA
RECOMMENDATION(S): To approve the attached Joint Motion and Stipulated Order of Further Extended
Possession and authorize execution and implementation of the terms contained therein.
PREPARED BY: Robert Bosch, Manager, Manager ROW Acquisition, Operations and Performance Management
ATTACHMENTS:
1. 1463TDRE Stip for extended possession (002) signed
Page 3008 of 3203
4/14/2026
Item # 16.K.10
ID# 2026-836
Page 3009 of 3203
[25-CA-240/2005047/1]
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 1463RDUE/TDRE
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 A STIPULATED ORDER OF FURTHER EXTENDED
POSSESSION PURSUANT TO THE TERMS AND CONDITIONS OF THE
STIPULATED AMENDED ORDER OF TAKING AND FINAL JUDGMENT ENTERED
ON SEPTEMBER 9, 2025
COMES NOW, Petitioner, Collier County, Florida, together with Respondents, Carrie Ann
Britt and Wayne Edward Serra, by and through undersigned counsel, and hereby respectfully move
for entry of the Joint Motion for a Stipulated Order of Further Extended Possession, 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/ JOHN M. LEROUX_____________
JOHN M. LEROUX, ESQ.
Florida Bar No. 773166
LeRoux Law
13065 W. Linebaugh Ave., Ste 101
Tampa, FL 33626
Telephone: (727) 712-11374
COUNSEL FOR RESPONDENTS
John@lerouxlaw.com
Pleadings@lerouxlaw.com
Sean@lerouxlaw.com
Page 3010 of 3203
[25-CA-240/2005047/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for a Stipulated
Order of Further Extended Possession was electronically filed with the Florida Courts E-Filing
Portal which will serve notice upon all interested parties on this _____ day of March 2026.
BY: _______________________________
SALLY A. ASHKAR, ESQ.
Page 3011 of 3203
[25-CA-240/2005047/1]
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 1463RDUE/TDRE
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 ORDER OF FURTHER EXTENDED POSSESSION PURSUANT TO
THE TERMS AND CONDITIONS OF THE STIPULATED AMENDED ORDER OF
TAKING AND FINAL JUDGMENT ENTERED INTO ON SEPTEBMER 9, 2025
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Carrie Ann Serra, (fka Carrie Ann Britt) and Wayne
Edward Serra (hereinafter collectively referred to as “Serra”), by and through counsel, for the entry
of a Stipulated Order of Further Extended Possession Pursuant to the Terms and Conditions of the
Stipulated Amended Order of Taking and Final Judgment Entered into on September 9, 2025, 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:
1. The Parties previously entered a Stipulated Amended Order of Taking and Final
Judgment on September 9, 2025.
Page 3012 of 3203
[25-CA-240/2005047/1]
2. The Parties initially agreed to extended possession of the property until March 31,
2026, on the terms and conditions set forth in Exhibit “C” to the Stipulated Amended Order of
Taking and Final Judgment. Respondents, Serra, now wish to further extend their occupation of
the property until June 30, 2026 (the “New Extended Possession Period”). Petitioner, Collier
County, Florida, has agreed, and the Parties now wish to enter into the instant Stipulation
memorializing the terms and conditions of the New Extended Possession Period. The New
Extended Possession Period is subject to the terms and conditions set forth herein and in Exhibit
“C” of the Stipulated Amended Order of Taking and Final Judgment.
4. As consideration for the New Extended Possession Period, Respondents, Serra,
shall pay Petitioner, Collier County, Florida, a monthly sum of Two Thousand Eight Hundred
Dollars and No/100 ($2,800.00), payable on the first day of each month in advance beginning April
1, 2026.
5. Respondents, Serra, are to reimburse the County for non-ad valorem taxes prorated
from April 1, 2026, through June 31, 2026, in the amount of $65.34. This sum will be due on
April 1, 2026.
6. Respondents, Serra, are to continue insurance coverage through June 30, 2026, and
provide proof of said coverage, together with a paid receipt through June 30, 2026.
7. Should Respondents, Serra, vacate the Property earlier than June 30, 2026, Serra
shall deliver written notice of such intention which shall be delivered to the County at least 7 days
before vacating the Property. The monthly sum described in Paragraph 4 shall not be prorated for
any partial month of occupancy. Once a monthly payment becomes due and is paid, it shall be
deemed fully earned, non-refundable, and not subject to offset, credit, or reimbursement,
regardless of the date Respondents vacate the Property. Non-ad valorem taxes are not refundable.
Page 3013 of 3203
[25-CA-240/2005047/1]
8. All other terms and conditions of the Stipulated Amended Order of Taking and
Final Judgment, including Exhibit “C” to said Order, shall remain in full force and effect.
Page 3014 of 3203