Agenda 05/13/2025 Item #16K12 (To Settle full compensation for the taking of Parcel 1353FEE required for the construction of the Vanderbilt Beach Road Extension Project No. 60249)5/13/2025
Item # 16.K.12
ID# 2025-1495
Executive Summary
Recommendation to approve a Joint Motion for Stipulated Final Judgment in the amount of $130,800 plus $22,428.92 in
statutory attorney and experts’ fees and costs for the taking of Parcel 1353FEE required for the Vanderbilt Beach Road
Extension Project No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1353FEE 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 1353FEE 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, southerly boundary of the property and is approximately 0.34 acres in extent. The parent
tract includes one single-family home and associated site improvements owned by Carl J. Cyr and contains 2.27 acres of
gross land area, which will be reduced to 1.93 acres after the acquisition. An aerial photograph of the subject property is
attached. The County’s appraiser estimated full compensation at $80,800 including severance damages. The property
owner’s initial demand was $271,400 plus attorney’s fees and expert fees and costs. The parties participated in
mediation and reached an agreement. The attached Joint Motion for Stipulated Final Judgment reflects a negotiated
compensation amount of $130,800 plus $16,698 in statutory attorney’s fees, $5,730.92 in expert fees and costs, for a
total of $153,228.92.
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 for 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: The County is entitled to a credit of $80,800 for its deposit of the good faith estimate of value.
Funds of $72,598.92, which includes the Clerk’s $170.00 deposit fee, 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
RECOMMENDATIONS: 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. Cyr - Joint Motion for SFJ
2. Aerial - Parcel 1353FEE
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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,
vs.
Case No. 25-CA-230
Parcel 1353FEE
Gerald M. Mauser, Jr; Erin R. Mauser; Wells Fargo Bank, NA;
Marshall Bronstein Trustee of the Marshall Bronstein and Elaine
Bronstein Revocable Trust Agreement dated October 13, 2021;
Elaine Bronstein Trustee of the Marshall Bronstein and Elaine
Bronstein Revocable Trust Agreement dated October 13, 2021;
Carl J. Cyr; Mortgage Electronic Registration Systems, Inc;
Cristhian M. Lopez; Misleydis C. Rodriguez; Ricardo Maikel
Rodriguez Leyva; Dairon Rodriguez; Sarai Orosa Perez;
American Dream Trucking Service LLC; 3 Express LLC;
American Five Star Transport LLC; and Rob Stoneburner, Collier
County Tax Collector,
Respondents.
I --------------------
J O1 NT MOTION FOR A STIPULATED FINAL JUDGMENT AS TO PARCEL 1353FEE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent,
Carl J. Cyr, by and through undersigned counsel, and hereby respectfully moves for entry of the
Stipulated 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<mcolliercountvfl.gov [25-CA-230/1942690/l] MI HAEL '. 'HITT, ESQ.
Fl • a Bar No. 725020
Hahn Loeser & Parks, LLP
2400 First St Ste 300
Fort Myers, FL 33901-2982
Office: 239-337-6722
mwhitt@hahnlaw.com
kzamzow@.hahnlaw.com
Page 4398 of 5243
Page 4399 of 5243
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,
vs.
Case No. 25-CA-230
Parcel 1353FEE
Gerald M. Mauser, Jr; Erin R. Mauser; Wells Fargo Bank, NA;
Marshall Bronstein Trustee of the Marshall Bronstein and Elaine
Bronstein Revocable Trust Agreement dated October 13, 2021;
Elaine Bronstein Trustee of the Marshall Bronstein and Elaine
Bronstein Revocable Trust Agreement dated October 13, 2021;
Carl J. Cyr; Mortgage Electronic Registration Systems, Inc;
Cristhian M. Lopez; Misleydis C. Rodriguez; Ricardo Maikel
Rodriguez Leyva; Dairon Rodriguez; Sarai Orosa Perez;
American Dream Trucking Service LLC; 3 Express LLC;
American Five Star Transport LLC; and Rob Stoneburner, Collier
County Tax Collector,
Respondents.
--------------------
STIPULATED FINAL JUDGMENT FOR PARCEL 1353FEE
(with disbursement instructions to Clerk)
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, Carl J. Cyr, by and through counsel, for
entry of a Stipulated Final Judgment as to Parcel 1353FEE 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.Respondent, Carl J. Cyr shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of One Hundred Thirty Thousand Eight Hundred Dollars and
No/100 ($130,800.00) for Parcel 1353FEE, subject to apportionment, if any, as full payment for
(25-CA-230/1942690/1)
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the property interest taken and for any damages resulting to the remainder, and for all other
damages and costs in connection with said parcel.
2.Respondent, Carl J. Cyr shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of Sixteen Thousand Six Hundred Ninety-Eight Dollars and No/100
($16,698.00) for all attorney's fees and costs in connection with said parcel. Supplemental
attorneys' fees, if any, are not to exceed $2,500.
3.Respondent, Carl J. Cyr shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of Five Thousand Seven Hundred Thirty Dollars and 92/100
($5,730.92) for all expert fees and costs, and no other expert fees or costs shall be paid in
connection with said parcel.
4.Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value deposited in the amount of Eighty Thousand Eight Hundred Dollars
and No/100 ($80,800.00), as payment for acquisition of Parcel 1353FEE.
5.Within 30 days from the date of this Order, Petitioner, COLLIER COUNTY,
FLORIDA, shall deposit the sum of Fifty Thousand Dollars and No/100 ($50,000.00) into the
Court Registry.
6.The Clerk of Courts shall disburse from the Court Registry as follows:
a.The Clerk shall disburse the sum of Seventy-One Dollars and 55/100 ($71.55)
(based on a $0.53 per day for 135 days for the period of Jan. I, 2025, through May 15, 2025) to the
Collier County Tax Collector.
7.Within thirty (30) days from the date of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the sum of Twenty-Two Thousand Four Hundred Twenty
Eight Dollars and 92/100 ($22,428.92) to Respondent, Carl J. Cyr, representing the attorney's
fees and costs and expert fees and costs, by issuing a check made payable to Hahn Loeser &
[25-CA-230/1942690/l]
Page 4401 of 5243
Parks LLP Trust Account, and mailing it to Michael Whitt, Esq., c/o Hahn Loeser & Parks, LLP,
2400 First Street, Suite 300, Fort Myers, FL 33901.
8.The balance of the funds shall remain in the Court Registry until further order of
this Court.
9.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
May 7, 2025 , and the deposit of money heretofore made, is approved, ratified, and
confirmed.
10.The 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; 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.
11.This Stipulated Final Judgment disposes of all claims arising out of the taking of
Parcel 13 53FEE and that have or could have been asserted in this cause.
12.The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 6438, Page 3696 of the Public Records of Collier County, Florida is hereby
released as to Parcel 1353FEE.
13.The Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
[25-CA-230/1942690/1]
Page 4402 of 5243
14.This Stipulated Final Judgment is to be recorded in the Official Records of CollierCounty, Florida. Exhibit "A" i..ECAL D£SCRI.M10N FOR PARCEL 1353f'EE
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[25-CA-230/1942690/J]
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AERIAL – PARCEL 1353FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
/
12th Ave NE
10th Ave NE
PARCEL 1353FEE
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