Agenda 05/13/2025 Item #16K14 (To Settle full compensation for the taking of Parcel 1289FEE required for the construction of the Vanderbilt Beach Road Extension Project No. 60249)5/13/2025
Item # 16.K.14
ID# 2025-1502
Executive Summary
Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of $81,000 plus $14,355.43
in statutory attorney and experts’ fees and costs for the taking of Parcel 1289FEE required for the Vanderbilt Beach Road
Extension Project No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1289FEE 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 1289FEE 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 0.34 acres in extent. The parent
tract includes one single-family home and associated site improvements owned by Mark and Lisa Bernstein 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 $52,200 including severance
damages. The property owner’s initial demand was $153,900 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 $81,000 plus $9,867 in statutory attorney’s fees, $4,488.43 in
expert fees and costs, for a total of $95,355.43.
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 $95,525.43, 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 and 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. P1289FEE - Joint Motion for STIP OT and FJ with partial disb
2. Aerial - Parcel 1289FEE
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[25-CA-205/1939993/1]
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-205
vs. Parcel 1289FEE
Mark Bernstein; Lisa Bernstein; Mortgage Electronic
Registration Systems, Inc., CrossCountry Mortgage, LLC;
Anderson J. Diaz Luzon; Abdis Garcia Cruz;
Yvette Hernandez; Yvonne Troise; Robert R. McCluan as
Trustee of the Robert R. McCluan Trust dated May 31, 2007; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR A STIPULATED ORDER OF TAKING AND FINAL
JUDGMENT AS TO PARCEL 1289FEE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents,
MARK BERNSTEIN AND LISA BERNSTEIN, 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/ Michael R. Whitt________
MICHAEL R. WHITT, ESQ.
Florida 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
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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.
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[25-CA-205/1939993/1]
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-205
vs. Parcel 1289FEE
Mark Bernstein; Lisa Bernstein; Mortgage Electronic
Registration Systems, Inc., CrossCountry Mortgage, LLC;
Anderson J. Diaz Luzon; Abdis Garcia Cruz;
Yvette Hernandez; Yvonne Troise; Robert R. McCluan as
Trustee of the Robert R. McCluan Trust dated May 31, 2007; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED ORDER OF TAKING & FINAL JUDGMENT FOR PARCEL 1289FEE
(with disbursement instructions to Clerk)
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, MARK BERNSTEIN AND LISA
BERNSTEIN, by and through counsel, for entry of a Stipulated Order of Taking and Final
Judgment as to Parcel 1289FEE 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.
2. The pleadings in this cause are sufficient and the Petitioner is properly exercising
its delegated authority.
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3. The property described herein as Parcel 1289FEE 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, MARK BERNSTEIN AND LISA BERNSTEIN shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eighty-One Thousand Dollars and
No/100 ($81,000.00) for Parcel 1289FEE, 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, MARK BERNSTEIN AND LISA BERNSTEIN shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Nine Thousand Eight Hundred
Sixty-Seven Dollars and No/100 ($9,867.00) for all attorney’s fees and costs, in connection with
said parcel. Supplemental attorney’s fees may be awarded in an amount not to exceed $2,500.00
for costs relating to the subsequent apportionment process, if any.
7. Respondents, MARK BERNSTEIN AND LISA BERNSTEIN shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Four Thousand Four Hundred
Eighty-Eight Dollars and 43/100 ($4,488.43) 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 1289FEE, 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 Ninety-Five
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[25-CA-205/1939993/1]
Thousand Three Hundred Fifty-Five Dollars and 43/100 ($95,355.43), as payment for
acquisition of Parcel 1289FEE, 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-Six Dollars and 95/100 ($76.95) (based
on a $0.57 per day for 135 days for the period of Jan. 1, 2025, through May 15, 2025) to the Collier
County Tax Collector c/o Kelly Bartlett.
b. The Clerk shall disburse the sum of Fourteen Thousand Three Hundred Fifty-Five
Dollars and 43/100 ($14,355.43), representing the attorney’s fee and costs, to MARK BERNSTEIN
AND LISA BERNSTEIN 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.
11.The balance of the funds shall remain in the Court Registry until further order of
this Court.
12.County's initial construction of the subject project shall substantially conform with
the County's 90% construction plans, filed with the Court on March 24, 2025 and 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.
13. This Stipulated Order of Taking and Final Judgment disposes of all claims arising
out of the taking of Parcel 1289FEE and that have or could have been asserted in this cause.
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14. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 6438, Page 1529 of the Public Records of Collier County, Florida is hereby released
as to Parcel 1289FEE.
15. The Court reserves jurisdiction to enforce the terms of this Stipulated Order of
Taking and Final Judgment, apportionment, and to award attorney’s fees for supplemental
proceedings, if any.
16. This Stipulated Order of Taking and Final Judgment is to be recorded in the Official
Records of Collier County, Florida.
Exhibit “A”
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AERIAL – PARCEL 1289FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
12th Ave NE /
PARCEL 1289FEE
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