Agenda 04/08/2025 Item #16K4 (Stipulated Order of Taking and Final Judgment for the VBR EXT Project)4/8/2025
Item # 16.K.4
ID# 2025-1138
Executive Summary
Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of $40,000 plus $12,421.44
in statutory attorney and expert fees and costs for the taking of Parcel 1310FEE required for the Vanderbilt Beach Road
Extension Project No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1310FEE 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 1310FEE 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, southern boundary of the property and is approximately 0.17 acres in extent. The parent
tract is vacant land owned by Douglas and Stephanie Weingarten and contains 1.14 acres of gross land area, which will
be reduced to 0.97 acres after the acquisition. An aerial photograph of the subject property is attached. The County’s
appraiser estimated full compensation at $14,900 including severance damages. The property owner’s initial demand
was $66,000 plus attorney’s fees and expert fees and costs. The parties participated in informal negotiations and
reached an agreement. The attached Stipulated Order of Taking and Final Judgement reflects a negotiated compensation
amount of $40,000 plus $8,283 in statutory attorney’s fees, $4,138.44 in expert fees and costs, for a total of $52,421.44.
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: Funds of $52,591.44 are required, being the compensation amount of $40,000 plus $8,283 in
statutory attorney’s fees, $4,138.44 in expert fees and costs, and the Clerk’s deposit fee of $170. 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: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board
approval. - CMG
RECOMMENDATIONS: 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, Operations & Performance Management Division
ATTACHMENTS:
1. Aerial - Parcel 1310FEE
2. FINAL P1310FEE - Joint Motion for STIP OT and FJ(3)
Page 5008 of 5277
AERIAL – PARCEL 1310FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
/
PARCEL 1310FEE
Page 5009 of 5277
[25-CA-209/1931211/1]
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-209
vs. Parcel: 1310FEE
Matthew John Jeremias, Trustee of the Matthew J.
Jeremias Living Trust dated March 6, 2007; Laurie Annette
Jeremias, Trustee of the Matthew J. Jeremias Living Trust
dated March 6, 2007; Douglas Weingarten; Stephanie
Gallagher-Weingarten; Hyperion Home Services, LLC;
Matthew J. Jeremias; Laurie Jeremias; Matthew John Jeremias as
Trustee of The Laurie Annette Jeremias Living Trust dated
March 6, 2007; Laurie Annette Jeremias as Trustee of The Laurie
Annette Jeremias Living Trust dated March 6, 2007;
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR A STIPULATED ORDER OF TAKING AND FINAL
JUDGMENT AS TO PARCEL 1310FEE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents,
DOUGLAS WEINGARTEN AND STEPHANIE GALLAGHER-WEINGARTEN, by and
through undersigned counsel, and hereby respectfully moves for entry of the Stipulated Order of
Taking and Final Judgment, attached hereto as Exhibit “1”.
______________________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney’s Office
3299 E. Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
_/s/ Kenneth A. Jones ____
KENNETH A. JONES, ESQ.
Florida Bar No. 200158
Hahn Loeser & Parks, LLP
2400 First St Ste 300
Fort Myers, FL 33901-2982
Office: 239-337-6722
KJones@hahnlaw.com
JStone@hahnlaw.com
Page 5010 of 5277
[25-CA-209/1931211/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Order of Taking and Final Judgment was electronically filed with the Florida Courts E-Filing
Portal on this _____ day of ___________________ 2025.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
Page 5011 of 5277
[25-CA-209/1931211/1]
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-209
vs. Parcel: 1310FEE
Matthew John Jeremias, Trustee of the Matthew J.
Jeremias Living Trust dated March 6, 2007; Laurie Annette
Jeremias, Trustee of the Matthew J. Jeremias Living Trust
dated March 6, 2007; Douglas Weingarten; Stephanie
Gallagher-Weingarten; Hyperion Home Services, LLC;
Matthew J. Jeremias; Laurie Jeremias; Matthew John Jeremias as
Trustee of The Laurie Annette Jeremias Living Trust dated
March 6, 2007; Laurie Annette Jeremias as Trustee of The Laurie
Annette Jeremias Living Trust dated March 6, 2007;
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED ORDER OF TAKING & FINAL JUDGMENT FOR PARCEL 1310FEE
(with disbursement instructions to Clerk)
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, DOUGLAS WEINGARTEN AND
STEPHANIE GALLAGHER-WEINGARTEN, by and through counsel, for entry of a Stipulated
Order of Taking and Final Judgment as to Parcel 1310FEE 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 thereof, it is therefore
ORDERED AND ADJUDGED that:
1. The Court has jurisdiction of this cause, the parties hereto and the subject matter
hereof.
Page 5012 of 5277
[25-CA-209/1931211/1]
2. The pleadings in this cause are sufficient and the Petitioner is properly exercising
its delegated authority.
3. The property described herein as Parcel 1310FEE is being acquired for a public
purpose and is reasonably necessary to serve this public purpose.
4. The Declaration of Taking and Estimate of Value filed in this cause by the
Petitioner was made in good faith and based on a valid appraisal.
5. Respondents, DOUGLAS WEINGARTEN AND STEPHANIE GALLAGHER-
WEINGARTEN shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of
Forty Thousand Dollars and No/100 ($40,000.00) for Parcel 1310FEE, as full payment for the
property interest taken and for any damages resulting to the remainder, and for all other damages
and costs in connection with said parcel.
6. Respondents, DOUGLAS WEINGARTEN AND STEPHANIE GALLAGHER-
WEINGARTEN shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of
Eight Thousand Two Hundred Eighty-Three Dollars and No/100 ($8,283.00) for all attorney’s
fees and costs, and no other attorney’s fees and costs shall be paid, in connection with said parcel.
7. Respondents, DOUGLAS WEINGARTEN AND STEPHANIE GALLAGHER-
WEINGARTEN shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of
Four Thousand One Hundred Thirty-Eight Dollars and 44/100 ($4,138.44) for all expert fees
and costs, and no other expert fees or costs shall be paid in connection with said parcel.
8. The right and title to Parcel 1310FEE, being fully described in Exhibit “A” attached
hereto and incorporated herein, will vest in Petitioner COLLIER COUNTY upon deposit of the
amounts specified above into the Registry of this Court.
Page 5013 of 5277
[25-CA-209/1931211/1]
9. Within twenty (20) days from the date of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall deposit into the Court Registry the total sum of Fifty-Two Thousand
Four Hundred Twenty-One Dollars and 44/100 ($52,421.44), as payment for acquisition of
Parcel 1310FEE, at which time title to said parcel as described in Exhibit “A” is vested in the name
of the Petitioner.
10.Upon deposit, the Clerk of Courts shall disburse from the Court Registry as follows:
a. The Clerk shall disburse the sum of Fourteen Dollars and Seventy/100 ($14.70)
(based on a $0.21 per day for 70 days for the period of Jan. 1, 2025, through March 11, 2025) to the
Collier County Tax Collector.
b. The Clerk shall disburse the remaining balance of Fifty-Two Thousand Four
Hundred and Six Dollars and 74/100 ($52,406.74), to Respondents, DOUGLAS WEINGARTEN
AND STEPHANIE GALLAGHER-WEINGARTEN, by issuing a check made payable to Kenneth
A. Jones Esq., Trust Account, and mailing it to Kenneth A. Jones, Esq., c/o Hahn Loeser & Parks,
LLP, 2400 First Street, Suite 300, Fort Myers, FL 33901.
11. 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 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.
12. The parties agree that the Respondents shall be entitled to, and the compensation
provided herein shall compensate, the Respondents for damages incurred as a result thereof.
13. This Stipulated Order of Taking and Final Judgment disposes of all claims arising
out of the taking of Parcel 1310FEE and that have or could have been asserted in this cause.
Page 5014 of 5277
[25-CA-209/1931211/1]
14. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 6438, Page 1588 of the Public Records of Collier County, Florida is hereby released
as to Parcel 1310FEE.
15. The Court reserves jurisdiction to enforce the terms of this Stipulated Order of
Taking and Final Judgment.
16. This Stipulated Order of Taking and Final Judgment is to be recorded in the Official
Records of Collier County, Florida.
Exhibit “A”
Page 5015 of 5277