Agenda 01/12/2016 Item #16K 2 1/12/2016 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Final Judgment in the amount of
$15,000.00 for Parcel No. 264RDUE in the lawsuit styled Collier County v. Ganash Rajaram,
et al., Case No. 15-CA-379 for the Golden Gate Boulevard widening project, Project No.
60040. (Fiscal Impact: $10,105.50)
OBJECTIVE: To settle the amount owed in full compensation, attorney's fees, expert
fees and costs, for the taking of Parcel No. 264RDUE condemned for the widening of Golden
Gate Boulevard from two lanes to four lanes with median between Wilson Boulevard and 20th
Street East, Project No. 60040 (hereinafter referred to as the "Project").
CONSIDERATIONS: On July 9, 2015, Collier County condemned Parcel 264RDUE
required for construction of the Project. Parcel 264RDUE is a 3,600 square foot perpetual, non-
exclusive road right-of-way, drainage and utility easement along Golden Gate Boulevard on the
north side of the property belonging to Manuel Verdecia. See attached aerial of subject property.
The County appraised the value of the parcel taken at $5,100.00, which was deposited into the
Court Registry. Through negotiations, the parties agreed to full compensation, inclusive of any
and all damages of any kind, attorney's fees, expert fees and costs totaling $15,000.00.
If approved, the County will pay the following costs:
Additional Compensation: $ 9,900.00
Clerk's Deposit Fee: $ 170.00
Recording Fees: $ 35.50
TOTAL: $ 10,105.50
The County Attorney's Office and staff are recommending approval of this settlement since a
better result is not anticipated at trial. Upon approval, the County Attorney's Office will file the
attached Joint Motion and Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $10,105.50 will be paid from gas taxes and/or
impact fees from Golden Gate Blvd Project #60040. The primary funding source for the
acquisition of right-of-way is impact fees. Should impact fees not be sufficient within a
particular project, the secondary funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: To approve the attached Joint Motion and Final Judgment as to
Parcel 264RDUE and authorize the expenditure of funds as stated herein.
PREPARED BY: Emily R. Pepin,Assistant County Attorney
Attachments: (1) Joint Motion and Final Judgment; (2)Aerial
[15-CA-379/1230580/1]506
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve a Joint Motion and Final Judgment in the
amount of$15,000 for Parcel No. 264RDUE in the lawsuit styled Collier County v. Ganash
Rajaram, et al., Case No. 15-CA-379 for the Golden Gate Boulevard widening project, Project
No. 60040. (Fiscal Impact: $10,105.50)
Meeting Date: 1/12/2016
Prepared By
Name: CrotteauKathynell
Title:Legal Secretary, CAO Office Administration
12/15/2015 2:30:54 PM
Approved By
Name: TaylorLisa
Title:Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal
Date: 12/15/2015 3:33:19 PM
Name:KearnsAllison
Title: Manager-Financial &Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 12/15/2015 4:08:48 PM
Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 12/15/2015 4:35:08 PM
Name: AhmadJay
Title: Division Director-Transportation Eng,Transportation Engineering&Construction Management
Date: 12/16/2015 1:37:48 PM
Name: HendricksKevin
Title:Manager-Right of Way, Transportation Engineering&Construction Management
Date: 12/28/2015 4:52:17 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
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Date: 12/28/2015 5:23:12 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 12/30/2015 10:33:31 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/30/2015 1:11:38 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 1/4/2016 8:54:14 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 1/4/2016 9:55:41 AM
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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,
Petitioner, Case No.: 15-CA-379
v.
PARCEL: 264RDUE
GANASH RAJARAM,ET AL.,
Respondents.
PETITIONER COLLIER COUNTY AND RESPONDENT MANUEL VERDECIA'S
JOINT MOTION FOR FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, MANUEL
VERDECIA, by and through their undersigned counsel, hereby respectfully move for entry of a
Final Judgment as to '1/4 eel 264RDUE attached hereto as Exhibit"1".
D.te' : AAAjn _ t.S Dated:
}
1:ELLA Y. PATEL, ESQ. EMILY R. PEPIN, ESQUIRE
' lorida Bar No. 961670 Florida Bar No. 92956
1 026 Waterford Run Drive Collier County Attorney's Office
Riverview, FL 33569 3299 East Tamiami Trail, Suite 800
Telephone: (813) 643-2762 Naples, FL 34112
Facsimile: (813) 643-2612 Telephone: (239) 252-8400
COUNSEL FOR RESPONDENT Facsimile: (239) 774-0225
MANUEL VERDECIA COUNSEL FOR PETITIONER
bellapatelpa@,aol.com emilypepin @colliergov.net
j enniferbelpedio na,colliergov.net
nancybradley@colliergov.net
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Final
Judgment was electronically filed with the Florida Courts E-Filing Portal which will send a
notice of electronic filing to parties appearing via electronically, and by U.S. mail to parties as
indicated on the Service List below on this day of December, 2015.
BY:
EMILY R. PEPIN, ESQUIRE
SERVICE LIST
PARCEL 264RDUE
Manuel Verdecia GMAC Mortgage, LLC
c/o Bella Y. Patel, Esquire c/o Corporation Service Company
Bella Y. Patel, P.A. 1201 Hays Street
bellapatelpaaa,aol.com Tallahassee,FL 32301-2525
Deutsche Bank Trust Company Americas, as National Note Equities, LLC
Trustee for RALI 2006QA10 1135 Clifton Avenue, Suite 204
c/o Joseph M. Reichert, Esquire and Clifton,NJ 07013
Nicole R. Topper, Esquire
Blank Rome, LLP
Bocaeservice@BlankRome.com
JReichert@BlankRome.com
NTopper@BlankRome.com
15-CA-3791#490
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IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUITIN AND FOR
COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
Case No.: 15-CA-379
v.
PARCEL: 264RDUE
GANASH RAJARAM, ET AL.,
Respondents.
FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
MANUEL VERDECIA, by and through his undersigned counsel, for entry of a Final Judgment
as to Parcel 264RDUE for Project No. 60040, and it appearing to the Court that the parties are
authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner
is the full compensation due the Respondent, and the Court being otherwise fully advised in the
premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent MANUEL VERDECIA has and
recovers from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Fifteen Thousand
and No/100 Dollars ($15,000.00) for Parcel 264RDUE, as full payment for the property interest
taken and for damages resulting to the remainder, if less than the entire property was taken, and
Exhibit"1" to Joint Motion for Final Judgment
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for all other damages, statutory interest, all attorney's fees, and expert fees and costs in
connection with said parcel; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for
the good faith estimate of value previously deposited in the amount of Five Thousand One
Hundred and No/100 Dollars ($5,100.00), as payment for acquisition of Parcel 264RDUE, at
which time title to said parcel as described in Exhibit"A"vested in the name of the Petitioner; it
is further
ORDERED that Five Thousand and No/100 Dollars ($5,000.00) of the total
compensation shall be awarded for attorney's fees and costs and expert fees and costs, and within
thirty (30) days hereof, Petitioner shall pay those funds to the Bella Y. Patel, P.A. Trust Account
c/o Bella Y. Patel, Esquire, 13026 Waterford Run Drive, Riverview, Florida 33569; it is further
ORDERED that within thirty (30) days hereof, Petitioner shall deposit the total sum of
Four Thousand Nine Hundred and No/100 Dollars ($4,900.00) into the Court Registry, which
funds are subject to apportionment by further order of the Court; it is further
ORDERED that this Court reserves jurisdiction for apportionment for the funds on
deposit in the Court Registry; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
264RDUE and that have or could have been asserted in this cause; it is further
ORDERED that road right-of-way, drainage and utility interest to Parcel 264RDUE,
being fully described in Exhibit"A" attached hereto and incorporated herein,which vested in
Exhibit"1" to Joint Motion for Final Judgment
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Petitioner pursuant to the Order of Taking dated July 9, 2015, and the deposit of money
heretofore made, is approved,ratified, and confirmed; it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 5124, Page 921 of the Public Records of Collier
County, Florida be dismissed as to Parcel 264RDUE; it is further
ORDERED that the Court reserves jurisdiction to enforce the terms of this Final
Judgment; it is further
ORDERED that this Final Judgment is to be recorded in the Official Records of Collier
County, Florida; it is further
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of December, 2015.
HONORABLE JAMES R. SHENKO
CIRCUIT COURT JUDGE
conformed copies to: •
Emily R. Pepin, Esq., Counsel for Petitioner, emilypepin(a?colliergov.net
Bella Y. Patel, Esq., Counsel for Respondent Manuel Verdecia, bellapatelpa@aol.com
Joseph M. Reichert, Esq., and Nicole R. Topper, Esq., Counsel for Respondent Deutsche Bank
Trust Company Americas, as Trustee for RALI2006QA10, JReichert(a,BlankRome.com;
NTopper@BlankRome.com
Respondent GMAC Mortgage, LLC, c/o Corporation Service Co., 1201 Hays Street,
Tallahassee, FL 32301-2525
Respondent National Note Equities, LLC, 1135 Clifton Avenue, Suite 204, Clifton,NJ 07013
Kevin Hendricks, Transportation ROW Acquisition Manager, kevinhendricksZa,colliergov.net
Clerk's Office, Accounting
I 5-CA-379/490
Exhibit"1" to Joint Motion for Final Judgment
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GOLDEN GATE BOULEVARD (CR 876) .
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PARCEL 264 RDUE
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BANA Ok AMERICA vERDECIA
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r-.77/1 Ex1STING ROADWAY EASEMENT DEDICATED TO THE PERFETUA.
USE Or 1HE PUBLIC PER PAT 8006 5, PAGE 54
LEGAL DESCRIPTION FOR PARCEL 264 RDUE
P, POR%ON OS TRACT 59 GOLDEN GATE ESTATES. uNIT 51 AS Rt:COHDED IN PLAT Boon 5, PAGE 84 OF THE PUBLIC
RECORDS 01 COWER COUNTY, FLORIDA, LYING IN SECTION 1. TOWNSHIP 49 SOUTH, RANGE 27 EAST. COLLIER
COuNTY, FLORIDA, BEING mONE PAR TICuLARLY DESCRIBED AS FOLLOWS
T.,E SOUTH 45 rEET Or 11 tE soRm 95 FEET OF THE WEST 75 1W OF Till EAST 150 ;.E.ETT OF SAID TRACT 59.
t:!".TAININD SAGO SOLIARE rEFT, '.kORE DR LESS
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SKETCH & DESCRIPTION ONLY 1 ■=Mor 1 ,...000,MOOM0M0s04..SORut00 ik WM*
.90,040.0,000 lior'01X02 + 41.010 0401
NOT A BOUNDARY SURVEY SCAM l'-o'
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FOR. COWER COUNTY cov(RNNERT mom OE COUNTY COARALSSIDNERS A/Loom Ammon weetemmui,DANN*110 wpm,
GOLDEN GATE BOULEVARD 1-11WriamAs
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PARCEL 204 RDUE mow.P I A DOM 11,04 Ite4
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COWER COUNTY. FLORIDA Pram,4040 1ST OM 1,00,4001010.404
tit 444.:6062
JOR N1.0.4all //BISON --SEC/ION TENINSKP 1 RANGE 1 SCALE DATE DWAWAI EN FILE NAME SHEET
2=.0*/,7-C,0 01 0001 REV DI I 49 I 2) I 1' . 50 DEC. 2009 5 OA 5x 764 ; or 1
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AERIAL PHOTO/ LOCATION MAP OF VERDECIA PROPERTY
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