Agenda 11/10/2025 Item #16K 5 (Stipulated Final Judgment in the amount of $142,000 plus $31,134 in statutory attorney fees, expert fees, and costs for the taking of Parcel 1334FEE required for the Vanderbilt Beach Road Extension Project No. 60249.)11/10/2025
Item # 16.K.5
ID# 2025-4596
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $142,000 plus $31,134 in statutory attorney
fees, expert fees, and costs for the taking of Parcel 1334FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1334FEE 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 1334FEE 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 0.41 acres in extent. The parent
tract is improved with a single-family home and associated improvements owned by Yaneisy Montelier and Alain
Delgado. The parent tract contains 2.73 acres of gross land area, which will be reduced to 2.32 acres after the
acquisition. An aerial photograph of the subject property is attached. The County’s appraiser estimated full
compensation at $74,300 including severance damages. The property owner’s initial demand was $239,500 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 Judgment reflects a negotiated
compensation amount of $142,000 plus $22,572 in statutory attorney’s fees and $8,562 expert fees, for a total of
$173,134. The settlement does not include supplemental attorney’s fees, which are often associated with apportionment
proceedings that occur after settlement funds are deposited with the Court. If any such fees are claimed, a separate item
will be presented to the Board for approval of payment. Pursuant to Chapter 73, Florida Statutes, the taking authority is
responsible for payment of supplemental attorney’s fees.
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 $74,300 for its good faith estimate of value. Funds for the balance
of $99,004, 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
RECOMMENDATION(S): 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. P1334FEE - Joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1334FEE
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11/10/2025
Item # 16.K.5
ID# 2025-4596
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[25-CA-215/1978895/1]
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-215
vs. Parcel: 1334FEE
Sean Grant; Sharon Grant; Mortgage Electronic Registration
Systems, Inc., Carmen Julia Reyes Michel; Luis D. Perez; Luis
Ramon Perez; Beatriz Mesa; Unknown Tenants; Linda Alavez;
Francisco Alavez; Mid-State Trust IX, operating by and through
Wilmington Trust FSB not in its individual capacity but solely as the
Trustee of Mid-State Trust IX, N/K/A Wilmington Trust National
Association; Yaneisy Montelier; Alain Delgado; Manuel Lopez;
Maria Eugenia Lopez; Midland Funding, LLC; Naples HMA
LLC d/b/a Physicians Regional Medical Center – Collier; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1334FEE
Petitioner, Collier County, Florida, together with Respondents, Yaneisy Montelier and
Alain Delgado, by and through undersigned counsel, hereby respectfully move this Court for the
entry of the foregoing Stipulated Final Judgment as to Parcel 1334FEE 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) 337-6754
COUNSEL FOR RESPONDENTS
mwhitt@hahnlaw.com
kzamzow@hahnlaw.com
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[25-CA-215/1978895/1]
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 5068 of 6525
[25-CA-215/1978895/1]
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-215
vs. Parcel: 1334FEE
Sean Grant; Sharon Grant; Mortgage Electronic Registration
Systems, Inc., Carmen Julia Reyes Michel; Luis D. Perez; Luis
Ramon Perez; Beatriz Mesa; Unknown Tenants; Linda Alavez;
Francisco Alavez; Mid-State Trust IX, operating by and through
Wilmington Trust FSB not in its individual capacity but solely as the
Trustee of Mid-State Trust IX, N/K/A Wilmington Trust National
Association; Yaneisy Montelier; Alain Delgado; Manuel Lopez;
Maria Eugenia Lopez; Midland Funding, LLC; Naples HMA
LLC d/b/a Physicians Regional Medical Center – Collier; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1334FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Yaneisy Montelier and Alain Delgado, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 1334FEE 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, Yaneisy Montelier and Alain Delgado, shall recover from Petitioner,
Collier County, Florida, the total sum of One Hundred Forty-Two Thousand Dollars and
No/100 ($142,000.00), for Parcel 1334FEE, subject to apportionment, as full payment for the
property interest taken, including business damages, if any, in connection with said Parcel.
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[25-CA-215/1978895/1]
2. Respondents, Yaneisy Montelier and Alain Delgado, shall recover from Petitioner,
Collier County, Florida, the total sum of Twenty-Two Thousand Five Hundred Seventy-Two
Dollars and No/100 ($22,572.00), for all attorney’s fees and attorney litigation costs in this case,
including fees related to monetary and non-monetary benefits, but not including supplemental
attorney’s fees which may be awarded for apportionment issues.
3. Respondents, Yaneisy Montelier and Alain Delgado, shall recover from Petitioner,
Collier County, Florida, the total sum of Eight Thousand Five Hundred Sixty-Two Dollars
and No/100 ($8,562.00), for all expert fees and costs, associated with the acquisition of Parcel
1334FEE, 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 Seventy-Four Thousand Three Hundred Dollars
and No/100 ($74,300.00), as payment for the acquisition of Parcel 1334FEE, 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 sum of Thirty-One Thousand One Hundred Thirty-Four Dollars and
No/100 ($31,134.00), representing the total sum due for the 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 R. Whitt, Esq., c/o Hahn Loeser & Parks, LLP, 2400 First Street, Suite 300,
Fort Myers, FL 33901 for distribution.
6. Within thirty (30) days from the entry of this Order, Petitioner, Collier County,
Florida, shall deposit the sum of Sixty-Seven Thousand Seven Hundred Dollars and No/100
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[25-CA-215/1978895/1]
($67,700.00), into the Court Registry, representing the total balance due for the acquisition of
Parcel 1334FEE as outlined above.
7. 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; however, the right-of-way footprint is
sufficient to accommodate up to a six-lane road design. No additional compensation shall be due
to Respondent for the future widening of Vanderbilt Beach Road up to four-lanes or six-lanes,
including related roadway improvements to Vanderbilt Beach Road.
8. This Order disposes of all claims arising out of the taking of Parcel 1334FEE that
have or could have been asserted in this cause.
9. 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
June 20, 2025, and the deposit of money heretofore made, is approved, ratified, and confirmed.
10. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
6438, Page 1798 of the Public Records of Collier County, Florida be dismissed as to Parcel
1334FEE.
11. Respondent, Rob Stoneburner, Collier County Tax Collector is dismissed from
this action as to Parcel 1334FEE.
12. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment, and any apportionment issues.
13. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
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[25-CA-215/1978895/1]
Exhibit “A”
Page 5072 of 6525
AERIAL – PARCEL 1334FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
PARCEL 1334FEE
10th Ave NE
/
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