Agenda 04/22/2025 Item #16K 5 (Approve Stipulated Order of Taking and Final Judgment totaling $110,886.90 for Parcel 1311FEE needed for the Vanderbilt Beach Road Extension Project No. 60249.)4/22/2025
Item # 16.K.5
ID# 2025-1377
Executive Summary
Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of $99,000 plus $11,886.90
in statutory attorney and experts’ fees and costs for the taking of Parcel 1311FEE required for the Vanderbilt Beach Road
Extension Project No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1311FEE 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 1311FEE 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 0.38 acres in extent. The parent
tract is vacant land owned by Matthew Jeremias and Laurie Jeremias and 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 $72,700 including severance damages. The property owner’s initial
demand was $128,900 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 $99,000 plus $8,679 in statutory attorney’s fees, $3,207.90 in expert fees and costs, for a total
of $110,886.90.
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 $111,056.90 are required, being the compensation amount of $110,886.90 including
statutory attorney’s fees, expert fees and costs, and the Clerk’s $170.00 deposit fee. 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 Executive
Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for 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. P1311FEE - Joint Motion for STIP OT and FJ(4)
2. Aerial - Parcel 1311FEE(1)
Page 5766 of 6355
[25-CA-209/1934424/1]
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: 1311FEE
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 1311FEE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents,
Matthew John Jeremias as Trustee of The Laurie Annette Jeremias Living Trust dated March 6,
2007; and Laurie Annette Jeremias as Trustee of The Laurie Annette Jeremias Living Trust dated
March 6, 2007, 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 5767 of 6355
[25-CA-209/1934424/1]
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 5768 of 6355
[25-CA-209/1934424/1]
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: 1311FEE
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 1311FEE
(with disbursement instructions to Clerk)
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, Matthew John Jeremias as Trustee of The
Laurie Annette Jeremias Living Trust dated March 6, 2007; and Laurie Annette Jeremias as
Trustee of The Laurie Annette Jeremias Living Trust dated March 6, 2007, by and through
counsel, for entry of a Stipulated Order of Taking and Final Judgment as to Parcel 1311FEE 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:
Page 5769 of 6355
[25-CA-209/1934424/1]
1. The Court has jurisdiction of this cause, the parties hereto and the subject matter
hereof.
2. The pleadings in this cause are sufficient and the Petitioner is properly exercising
its delegated authority.
3. The property described herein as Parcel 1311FEE 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, Matthew John Jeremias as Trustee of The Laurie Annette Jeremias
Living Trust dated March 6, 2007; and Laurie Annette Jeremias as Trustee of The Laurie
Annette Jeremias Living Trust dated March 6, 2007 shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Ninety-Nine Thousand Dollars and No/100
($99,000.00) for Parcel 1311FEE, 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, Matthew John Jeremias as Trustee of The Laurie Annette Jeremias
Living Trust dated March 6, 2007; and Laurie Annette Jeremias as Trustee of The Laurie
Annette Jeremias Living Trust dated March 6, 2007 shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Eight Thousand Six Hundred Seventy-Nine Dollars
and No/100 ($8,679.00) 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, Matthew John Jeremias as Trustee of The Laurie Annette Jeremias
Living Trust dated March 6, 2007; and Laurie Annette Jeremias as Trustee of The Laurie
Page 5770 of 6355
[25-CA-209/1934424/1]
Annette Jeremias Living Trust dated March 6, 2007 shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Three Thousand Two Hundred Seven Dollars and
90/100 ($3,207.90) 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 1311FEE, 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.
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 One Hundred Ten
Thousand Eight Hundred Eighty-Six Dollars and 90/100 ($110,886.90), as payment for
acquisition of Parcel 1311FEE, 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 Seventy-Five Dollars and 60/100 ($75.60)
(based on a $0.63 per day for 70 days for the period of Jan. 1, 2025, through April 30, 2025) to the
Collier County Tax Collector.
b. The Clerk shall disburse the remaining balance of One Hundred Ten Thousand
Eight Hundred Eleven Dollars and 30/100 ($110,811.30), to Respondents, Matthew John
Jeremias as Trustee of The Laurie Annette Jeremias Living Trust dated March 6, 2007; and
Laurie Annette Jeremias as Trustee of The Laurie Annette Jeremias Living Trust dated March 6,
2007, by issuing a check made payable to Hahn Loeser & Parks LLP 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.
Page 5771 of 6355
[25-CA-209/1934424/1]
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 for which Respondents are 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.
12. This Stipulated Order of Taking and Final Judgment disposes of all claims arising
out of the taking of Parcel 1311FEE and that have or could have been asserted in this cause.
13. 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 1311FEE.
14. The Court reserves jurisdiction to enforce the terms of this Stipulated Order of
Taking and Final Judgment.
15. This Stipulated Order of Taking and Final Judgment is to be recorded in the
Official Records of Collier County, Florida.
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[25-CA-209/1934424/1]
Exhibit “A”
Page 5773 of 6355
AERIAL – PARCEL 1311FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
/
PARCEL 1311FEE Golden Gate Main Canal Page 5774 of 6355