Agenda 06/10/2025 Item #16K 6 (Stipulated Final Judgement for the taking of Parcel 1341FEE for the VB Rd Ext Project #60249 for statutory attorney and experts fees)6/10/2025
Item # 16.K.6
ID# 2025-1980
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $95,000 plus $20,604 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1341FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1341FEE 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 1341FEE 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, southernly boundary of the property and is approximately 0.17 acres in extent. The
parent tract includes one single-family home and associated site improvements owned by Lawrence and Alice
Zimmer 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 $46,200 including
severance damages. The property owner’s initial demand was $183,900 plus attorney’s fees and expert fees and costs.
The parties participated in mediation and reached an agreement. The attached Stipulated Order of Taking and Final
Judgement reflects a negotiated compensation amount of $95,000 plus $16,104 in statutory attorney’s fees, $4,500 in
expert fees and costs, for a total of $115,604.
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: County is entitled to a credit of $46,200 for its good faith estimate of value. Funds for the balance
of $69,574 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. P1341FEE - Signed Joint Motion for a Stipulated Final Judgment
2. Aerial - Parcel 1341FEE
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[25-CA-225/1948399/1]
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-225
vs. Parcel 1341FEE
Roberto T. Sierra; Adriana Sierra; Mortgage Electronic
Registration Systems, Inc; Lawrence W. Zimmer III;
Alice B. Zimmer; Linda Nizzardo; 3 Palm Electric LLC;
Unknown tenant(s); Michael Baglino; Allison Duran;
Joel Symonds; Brenda Symonds; Alfred Blake; Island
Paradise Builders LLC; Brenda Symonds PA; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR A STIPULATED FINAL JUDGMENT AS TO PARCEL 1341FEE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents,
Lawrence W. Zimmer III and Alice B. Zimmer, by and through the 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@colliercountyfl.gov
_/s/ FREDERICK S. WERDINE __
FREDERICK S. WERDINE, ESQ.
Florida Bar No. 614483
Shutts & Bowen LLP
4301 W Boy Scout Blvd Ste 300
Tampa, FL 33607-5716
Tampa, FL 33607-5716
COUNSEL FOR RESPONDENTS
fwerdine@shutts.com
lpajak@shutts.com
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[25-CA-225/1948399/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Final Judgment was electronically filed with the Florida Courts E-Filing Portal on this _____ day
of June 2025.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
Page 2188 of 2218
[25-CA-225/1948399/1]
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-225
vs. Parcel 1341FEE
Roberto T. Sierra; Adriana Sierra; Mortgage Electronic
Registration Systems, Inc; Lawrence W. Zimmer III;
Alice B. Zimmer; Linda Nizzardo; 3 Palm Electric LLC;
Unknown tenant(s); Michael Baglino; Allison Duran;
Joel Symonds; Brenda Symonds; Alfred Blake; Island
Paradise Builders LLC; Brenda Symonds PA; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT FOR PARCEL 1341FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, Lawrence W. Zimmer III and Alice B.
Zimmer, by and through counsel, for entry of a Stipulated Final Judgment as to Parcel 1341FEE
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. Respondents, Lawrence W. Zimmer III and Alice B. Zimmer shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Ninety-Five Thousand Dollars
and No/100 ($95,000.00) for Parcel 1341FEE, subject to apportionment, if any, 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.
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2. Respondents, Lawrence W. Zimmer III and Alice B. Zimmer shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Sixteen Thousand One Hundred
Four Dollars and No/100 ($16,104.00) for all attorney’s fees and costs in connection with said
parcel. Supplemental attorneys’ fees, if any, are not to exceed $2,000.
3. Respondents, Lawrence W. Zimmer III and Alice B. Zimmer shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Four Thousand Five Hundred
Dollars and No/100 ($4,500.00) 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 Forty-Six Thousand Two Hundred Dollars
and No/100 ($46,200.00), as payment for acquisition of Parcel 1341FEE.
5. Within 30 days from the date of this Order, Petitioner, COLLIER COUNTY,
FLORIDA, shall deposit the sum of Forty-Eight Thousand Eight Hundred Dollars and
No/100 ($48,800.00) into the Court Registry.
6.Within thirty (30) days from the date of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the sum of Twenty Thousand Six Hundred Four Dollars and
No/100 ($20,604.00) to Respondents, Lawrence W. Zimmer III and Alice B. Zimmer,
representing the attorney’s fees and costs and expert fees and costs, by issuing a check made
payable to Shutts & Bowen LLP Trust Account, and mailing it to Frederick Werdine, Esq., c/o
Shutts & Bowen LLP, 4301 W Boy Scout Blvd, Ste 300, Tampa, FL 33607.
7. 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 5, 2025, and the deposit of money heretofore made, is approved, ratified, and confirmed.
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8. 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.
9. This Stipulated Final Judgment disposes of all claims arising out of the taking of
Parcel 1341FEE and that have or could have been asserted in this cause.
10. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 6438, Page 3234 of the Public Records of Collier County, Florida is hereby
released as to Parcel 1341FEE.
11. The Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment and apportionment.
12. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
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Exhibit “A”
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AERIAL – PARCEL 1341FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
/
PARCEL 1341FEE
10th Ave NE
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