Agenda 10/14/2025 Item #16K16 (Stipulated Final Judgment for the takiing of Parcel 1465RDUE for the VBR Extension Project #60249)10/14/2025
Item # 16.K.16
ID# 2025-3692
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $260,000 plus $18,953 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1465RDUE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1465RDUE 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 1465RDUE 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 roadway, drainage, and utility
easement acquisition area consists of a strip takings along the southern side boundary and the eastern front boundary of
the property and are approximately 1.56 acres in extent. The parent tract consists of vacant land owned by Catterina
Rilinger and contains 5.15 acres of gross land area. An aerial photograph of the subject property is attached. The
County’s appraiser estimated full compensation at $171,100 including severance damages. The property owner’s initial
demand was $359,000 plus attorney’s fees and expert fees and costs. The parties participated in informal negotiations
and reached an agreement. The attached Stipulated Final Judgment reflects a negotiated compensation amount of
$260,000 plus $13,200 in statutory attorney’s fees, and $5,753 in expert fees and costs, for a total of $278,953.
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 $171,100 for its good faith estimate of value. Funds for the balance
of $108,023, 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. –
SAA
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. P1465RDUE Revised Joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1465RDUE
Page 5835 of 6526
[25-CA-240/1973171/1]
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-240
vs. Parcel 1465RDUE
Israel Del Rio; Arabelys Del Rio; Verde Vision
Landscapes LLC; Mortgage Electronic Registration
Systems Inc; Melissa Y. Neubek; Matthew B. Neubek;
Dianelys Cespedes Mendez; Aniek De La Caridad Rohl;
Unknown Tenant(s); Carrie Ann Britt; Wayne Edward Serra;
Lakeview Loan Servicing LLC; US Department of
Housing and Urban Development; Energy Solutions Direct;
Estate of George W. Rilinger; Catterina M. Rilinger; Meta Weld LLC;
Serra Construction LLC; Kids R Therapy LLC,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1465RDUE
Petitioner, Collier County, Florida, together with Respondent, Catterina M. Rilinger, by
and through undersigned counsel, hereby respectfully move this Court for the entry of the
foregoing Stipulated Final Judgment as to Parcel 1465RDUE attached hereto as Exhibit “1”.
_______________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
SALLY A. ASHKAR, ESQ.
Florida Bar No. 1007665
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
Sally.Ashkar@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
___/s/ Christopher C. Bucalo_______
CHRISTOPHER C. BUCALO
Florida Bar No. 1009122
BRIGHAM PROPERTY RIGHTS LAW FIRM, PLLC
111 Nature Walk Parkway, Suite 104
St. Augustine, FL 32092
Phone: 904-730-9001
Fax: 904-733-7633
COUNSEL FOR RESPONDENT RILINGER
CBucalo@propertyrights.com
abrigham@propertyrights.com
blaing@propertyrights.com
Page 5836 of 6526
[25-CA-240/1973171/1]
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
______________ 2025.
BY: _______________________________
SALLY A. ASHKAR, ESQ.
Page 5837 of 6526
[25-CA-240/1973171/1]
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-240
vs. Parcel 1465RDUE
Israel Del Rio; Arabelys Del Rio; Verde Vision
Landscapes LLC; Mortgage Electronic Registration
Systems Inc; Melissa Y. Neubek; Matthew B. Neubek;
Dianelys Cespedes Mendez; Aniek De La Caridad Rohl;
Unknown Tenant(s); Carrie Ann Britt; Wayne Edward Serra;
Lakeview Loan Servicing LLC; US Department of
Housing and Urban Development; Energy Solutions Direct;
Estate of George W. Rilinger; Catterina M. Rilinger; Meta Weld LLC;
Serra Construction LLC; Kids R Therapy LLC,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1465RDUE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondent, Catterina M. Rilinger, by and through counsel, for the
entry of a Stipulated Final Judgment as to Parcel 1465RDUE for Project 60249, and it appearing
to this 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
ORDERED AND ADJUDGED that:
1. Respondent, Catterina M. Rilinger, shall recover from Petitioner, Collier County,
Florida, the total sum of Two Hundred Sixty Thousand Dollars and No/100 ($260,000.00) for
Parcel 1465RDUE, as full payment for the property interest taken, including business damages,
if any, in connection with said Parcel.
Page 5838 of 6526
[25-CA-240/1973171/1]
2. Respondent, Catterina M. Rilinger, shall recover from Petitioner, Collier County,
Florida, the total sum of Thirteen Thousand Two Hundred Dollars and No/100 ($13,200.00),
for all attorney’s fees and attorney litigation costs in this case, including fees related to monetary
and non-monetary benefits and supplemental proceedings, if any.
3. Respondent, Catterina M. Rilinger, shall recover from Petitioner, Collier County,
Florida, the total sum of Five Thousand Seven Hundred Fifty-Three Dollars and No/100
($5,753.00), for all expert fees and costs, associated with the acquisition of Parcel 1465RDUE,
and no other expert fees or costs shall be paid in this matter.
4. Petitioner, Collier County, Florida, is entitled to a credit for the good faith estimate
of value previously deposited in the amount of One Hundred Seventy-One Thousand One
Hundred Dollars and No/100 ($171,100.00), as payment for the acquisition of Parcel
1465RDUE, at which time title to said Parcel as described in Exhibit “A” vested in the name of
Petitioner, Collier County, Florida.
5. Within thirty (30) days from the entry of this Order, Petitioner, Collier County,
Florida, shall pay the total sum of One Hundred Seven Thousand Eight Hundred Fifty-Three
Dollars and No/100 ($107,853.00), representing the total sum due for the acquisition of Parcel
1465RDUE, attorney’s fees, costs, expert fees and costs, by issuing a check payable to Trust
Account of Brigham Property Rights Law Firm, PCCL, and mailing the check to Brigham Property
Rights Law Firm, PCCL, 111 Nature Walk Parkway, Suite 104, St. Augustine, FL 32092.
6. Collier 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 on Vanderbilt Beach Road and Everglades
Blvd.; however, the right-of-way footprint is sufficient to accommodate up to a six-lane road
Page 5839 of 6526
[25-CA-240/1973171/1]
design on Vanderbilt Beach Road and a four-lane road design on Everglades Blvd., for which
Respondents are entitled to compensation. Such compensation, if any, is reflected in this Final
Judgment. No additional compensation shall be due to the Respondents for the actual future
widening of Vanderbilt Beach Road up to four-lanes or six-lanes, and Everglades Blvd., up to four-
lanes, including related roadway improvements to Vanderbilt Beach Road and Everglades Blvd.
Accordingly, if Collier County does not construct the Project in substantial conformance with the
90% construction plans, then Catterina M. Rilinger shall have the same remedies as would have
been afforded to her had the case been resolved by jury verdict with said plans and specifications
having been made a part of the record at trial. Central & Southern Florida Flood Control District
v. Wye River Farms, Inc., 297 So.2d 323 (Fla. 4th DCA 1974); cert. denied 310 So.2d 745 (Fla.
1975); Belvedere Dev. Corp. v. Dept’ of Transp., Div. of Admin., 476 So. 2d 649 (Fla. 1985).
7. This Order disposes of all claims arising out of the taking of Parcel 1465RDUE that
have or could have been asserted in this cause.
8. A perpetual non-exclusive road right-of-way, drainage and utility easement taking,
being fully described in Exhibit “A” attached hereto and incorporated herein, which vested in
Petitioner pursuant to the Stipulated Order of Taking dated June 24, 2025, and the deposit of money
heretofore made, is approved, ratified, and confirmed.
9. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
6438, Page 3881 of the Public Records of Collier County, Florida be dismissed as to Parcel
1465RDUE.
10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
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[25-CA-240/1973171/1]
11. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
Page 5841 of 6526
AERIAL – PARCEL 1465RDUE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
12th Ave NE
PARCEL 1465RDUE
/
Page 5842 of 6526