Agenda 10/14/2025 Item #16K20 (Stipulated Final Judgment for the takiing of Parcel 1351FEE for the VBR Extension Project #60249)10/14/2025
Item # 16.K.20
ID# 2025-4245
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $237,000 plus $37,876 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1351FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1351FEE 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 1351FEE 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 0.17 acres in extent. The parent
tract is improved with a single-family home and associated improvements owned by Gerald Mauser and Erin Mauser.
The parent tract 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 $148,100
including severance damages. The property owner’s initial demand was $393,300 plus attorney’s fees and expert fees
and costs. The parties participated in mediation and reached an agreement subject to approval by the Board of County
Commissioners. This acquisition is unique given the close proximity of the single-family home to the right of way,
which increased the severance damages. Also included in the cost to cure is the cost to relocate the well. The attached
Stipulated Final Judgement reflects a negotiated compensation amount of $237,000 plus $29,337 in statutory attorney’s
fees, $8,539 in expert fees and costs, for a total of $274,876.
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 $148,100 for its good faith estimate of value. Funds for the balance
of $126,776 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. Aerial - Parcel 1351FEE
2. P1351FEE - Joint Motion for a Stipulated Final Judgment signed
Page 5866 of 6526
AERIAL – PARCEL 1351FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
12th Ave NE
PARCEL 1351FEE
/
Page 5867 of 6526
[25-CA-230/1975708/1]
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-230
vs. Parcel 1351FEE
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.
______________________________________________/
JOINT MOTION FOR A STIPULATED FINAL JUDGMENT AS TO PARCEL 1351FEE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents,
Gerald M. Mauser, Jr., and Erin R. Mauser, 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@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
COUNSEL FOR RESPONDENTS
mwhitt@hahnlaw.com
kzamzow@hahnlaw.com
Page 5868 of 6526
[25-CA-230/1975708/1]
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: _______________________________
COLLEEN M. GREENE, ESQ.
Page 5869 of 6526
[25-CA-230/1975708/1]
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-230
vs. Parcel 1351FEE
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 1351FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, Gerald M. Mauser, Jr., and Erin R. Mauser,
by and through counsel, for entry of a Stipulated Final Judgment as to Parcel 1351FEE 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, Gerald M. Mauser, Jr., and Erin R. Mauser shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Two Hundred Thirty-Seven
Thousand Dollars and No/100 ($237,000.00) for Parcel 1351FEE, as full payment for the
Page 5870 of 6526
[25-CA-230/1975708/1]
property interest taken and for any damages resulting to the remainder, and for all other damages
and costs in connection with said parcel.
2. Respondents, Gerald M. Mauser, Jr., and Erin R. Mauser shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty-Nine Thousand Three
Hundred Thirty-Seven Dollars and No/100 ($29,337.00) for all attorney’s fees and costs in
connection with said parcel.
3. Respondents, Gerald M. Mauser, Jr., and Erin R. Mauser shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eight Thousand Five Hundred
Thirty-Nine Dollars and No/100 ($8,539.00) 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 One Hundred Forty-Eight Thousand One
Hundred Dollars and No/100 ($148,100.00), as payment for acquisition of Parcel 1351FEE.
5. Within thirty (30) days from the date of this Order, Petitioner, COLLIER COUNTY,
FLORIDA, shall pay the sum of One Hundred Twenty-Six Thousand Seven Hundred Seventy-
Six Dollars and No/100 ($126,776.00) to Respondents, Gerald M. Mauser, Jr., and Erin R.
Mauser, by issuing a check made payable to Hahn Loeser & 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.
6. 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
April 29, 2025, and the deposit of money heretofore made, is approved, ratified, and confirmed.
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[25-CA-230/1975708/1]
7. 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 25, 2025. The 90%
construction plans provide for two travel lanes on Vanderbilt Beach Road; however, the right-of-
way footprint is sufficient to accommodate up to a six-lane road design on Vanderbilt Beach Road
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.
8. This Stipulated Final Judgment disposes of all claims arising out of the taking of
Parcel 1351FEE and that have or could have been asserted in this cause.
9. 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 1351FEE.
10. The Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
11. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
Page 5872 of 6526