Agenda 10/28/2025 Item #16K 1 (Stipulated Final Judgment for Parcel 1346FEE required for the Vanderbilt Beach Road Extension Project No. 60249)10/28/2025
Item # 16.K.1
ID# 2025-4240
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $122,500 plus $30,503 in statutory attorney
fees, expert fees, and costs for the taking of Parcel 1346FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1346FEE 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 1346FEE 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, northerly boundary of the property and is approximately 0.24 acres in extent. The parent
tract is improved with a single-family home and associated improvements owned by Michael DeMattia and Kristen
DeMattia. The parent tract contains 1.59 acres of gross land area, which will be reduced to 1.35 acres after the
acquisition. An aerial photograph of the subject property is attached. The County’s appraiser estimated full
compensation at $56,700 including severance damages. The property owner’s initial demand was $198,700 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. The attached Stipulated Final Judgement reflects a negotiated
compensation amount of $122,500 plus $21,714 in statutory attorney’s fees and $8,789 expert fees, for a total of
$153,003.
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 $56,700 for its good faith estimate of value. Funds for the balance
of $96,473, including $170 Clerk’s 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. P1346FEE - Joint Motion for Stipulated Final Judgment signed
2. Aerial - Parcel 1346FEE
Page 2620 of 3380
[25-CA-226/1976351/1]
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-226
vs. Parcel 1346FEE
Michael DeMattia; Kristen DeMattia; Louise M. Teger-McKoy;
Robert John McKoy; Mortgage Electronic Registration Systems, Inc;
PLOCO 4, LLC, a Florida limited liability company; Unknown Tenant(s);
Sherry A. Nigro AKA Sherry A. Connor Nigro; Stephen R. Nigro;
Select Portfolio Servicing, Inc; Green Corridor Property Assessment
Clean Energy (PACE) District; Mad Batter Pet Bakery LLC; American
Brokers Holdings, LLC, a Delaware limited liability company; FIG 20, LLC;
Gladys M. Gomez; Nancy A. Agras; Kris Organics LLC; Exquisite Home
Watch, LLC; and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1346FEE
Petitioner, Collier County, Florida, together with Respondents, Michael DeMattia; Kristen
DeMattia; and Louise M. Teger-McKoy, by and through undersigned counsel, hereby respectfully
move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1346FEE
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/ MICHAEL R. WHITT
MICHAEL R. WHITT, ESQ.
Florida Bar No. 725020
Hahn Loeser & Parks, LLP
2400 First Street, Suite 300
Fort Myers, FL 33901-2904
Telephone: (239) 337-6727
COUNSEL FOR RESPONDENTS
mwhitt@hahnlaw.com
kzamzow@hahnlaw.com
Page 2621 of 3380
[25-CA-226/1976351/1]
_/s/ JULIO C. BERTEMATI ________
JULIO C. BERTEMATI, ESQ.
Florida Bar No. 157147
Tiffany & Bosco, P.A.
1201 S. Orlando Ave, Suite 430
Winter Park, FL 32789
Telephone: (205) 930-5200
Counsel For Respondent,
Mortgage Electronic Registration Systems,
Inc. acting solely as nominee for Summit
Mortgage Corporation, and its successors and
assigns
jcb@tblaw.com
aprescott@tblaw.com
_/s/ RICHARD J. SWIFT, JR ___
RICHARD J. SWIFT, JR.
Florida Bar No. 584861
GrayRobinson, P.A.
1404 Dean Street, Suite 300
Fort Myers, FL 33901
Telephone: (239) 340-7979
Counsel for Respondent,
Collier County Tax Collector
Richard.swift@gray-robinson.com
Sandra.santiago@gray-robinson.com
Jodi.payne@gray-robinson.com
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 2622 of 3380
[25-CA-226/1976351/1]
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-226
vs. Parcel 1346FEE
Michael DeMattia; Kristen DeMattia; Louise M. Teger-McKoy;
Robert John McKoy; Mortgage Electronic Registration Systems, Inc;
PLOCO 4, LLC, a Florida limited liability company; Unknown Tenant(s);
Sherry A. Nigro AKA Sherry A. Connor Nigro; Stephen R. Nigro;
Select Portfolio Servicing, Inc; Green Corridor Property Assessment
Clean Energy (PACE) District; Mad Batter Pet Bakery LLC; American
Brokers Holdings, LLC, a Delaware limited liability company; FIG 20, LLC;
Gladys M. Gomez; Nancy A. Agras; Kris Organics LLC; Exquisite Home
Watch, LLC; and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1346FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Michael DeMattia; Kristen DeMattia; and Louise M.
Teger-McKoy, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
1346FEE 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. Respondents, Michael DeMattia; Kristen DeMattia; and Louise M. Teger-McKoy,
shall recover from Petitioner, Collier County, Florida, the total sum of One Hundred Twenty-
Two Thousand Five Hundred Dollars and No/100 ($122,500.00), for Parcel 1346FEE, as full
Page 2623 of 3380
[25-CA-226/1976351/1]
payment for the property interest taken, including business damages, if any, in connection with
said Parcel, subject to apportionment, if any.
2. Respondents, Michael DeMattia; Kristen DeMattia; and Louise M. Teger-McKoy,
shall recover from Petitioner, Collier County, Florida, the total sum of Twenty-One Thousand
Seven Hundred Fourteen Dollars and No/100 ($21,714.00), for all attorney fees and attorney
litigation costs in this case, including fees related to monetary and non-monetary benefits.
3. Respondents, Michael DeMattia; Kristen DeMattia; and Louise M. Teger-McKoy,
shall recover from Petitioner, Collier County, Florida, the total sum of Eight Thousand Seven
Hundred Eighty-Nine Dollars and No/100 ($8,789.00), for all expert fees and costs associated
with the acquisition of Parcel 1346FEE, 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 Fifty-Six Thousand Seven Hundred Dollars and
No/100 ($56,700.00), as payment for the acquisition of Parcel 1346FEE, at which time title to said
Parcel as described in Exhibit “A” vested in the name of Petitioner, Collier County, Florida.
5. The Collier County Tax Collector has been paid in full and has no further claim to
the proceeds to be paid for Parcel 1346FEE for unpaid ad valorem taxes assessed against said
Parcel through the date of taking.
6. Respondent MORTGAGE ELECTRONIC REGISTRATION SYSTEMS has
received payment of $13,973.17 from the Good Faith Deposit as full payment for its interest in
Parcel 1346FEE.
7. Within thirty (30) days from the entry of this Order, Petitioner, Collier County,
Florida, shall pay the sum of Ninety-Six Thousand Three Hundred Three Dollars and No/100
Page 2624 of 3380
[25-CA-226/1976351/1]
($96,303.00), representing the balance of the total sum due for the acquisition of Parcel 1346FEE,
including attorney’s fees and costs and expert fees and costs, , by issuing a check payable to Hahn
Loeser & Parks LLP Trust Account, and mailing it to Michael Whitt, Esq., Hahn Loeser & Parks
LLP, 2400 First Street, Suite 300, Fort Myers, FL 33901.
8. 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 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 Respondents for the
future widening of Vanderbilt Beach Road up to four-lanes or six-lanes, including related roadway
improvements to Vanderbilt Beach Road.
9. This Order disposes of all claims arising out of the taking of Parcel 1346FEE that
have or could have been asserted in this cause.
10. A fee simple taking, being fully described in Exhibit “A” attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Amended Stipulated Order of
Taking dated May 12, 2025, and the deposit of money heretofore made, is approved, ratified, and
confirmed.
11. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
6438, Page 3927 of the Public Records of Collier County, Florida be dismissed as to Parcel
1346FEE.
Page 2625 of 3380
[25-CA-226/1976351/1]
12. Respondents, Robert John McKoy, Mortgage Electronic Registration Systems,
Inc., and Rob Stoneburner, Collier County Tax Collector, are dismissed from this action as to
Parcel 1346FEE.
13. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment, including any apportionment issues.
14. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
Page 2626 of 3380
AERIAL – PARCEL 1346FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
PARCEL 1346FEE
/
Page 2627 of 3380