Agenda 06/09/2015 Item #16A19 6/9/2015 16.A.19.
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of$46,237 for Parcel
263RDUE in the lawsuit styled Collier County v. Ganash Rajaram, et al., Case No. 15-CA-379.
(Golden Gate Boulevard From East of Wilson Boulevard to 20th Street East, Project No. 60040.)
Fiscal Impact: $46,237.
OBJECTIVE: To approve the attached Stipulated Final Judgment for payment of full and final
compensation for the taking of Parcel 263RDUE in the lawsuit styled Collier County v. Ganash Rajaram
et al., Case No. 15-CA-379. (Golden Gate Boulevard From East of Wilson Boulevard to 20th Street East
Project No. 60040, or the Project.)
CONSIDERATIONS: Collier County has filed an eminent domain lawsuit to acquire Parcel
263RDUE, a 30 foot wide perpetual, non-exclusive road right-of-way, drainage and utility easement
needed for construction of the Project. An Order of Taking Hearing has been scheduled for July 9, 2015.
The easement is 4,500 square feet in extent and is situated along the road frontage of a parent tract owned
by Mercedes De La Torre ("the owner"). The parent tract is improved with a single family home and is
located on the north side of Golden Gate Boulevard,just east of 18th Street Northeast. An independent
appraiser appointed by Collier County has estimated the market value of the easement to be $9,600.00.
Please refer in this regard to the attached appraisal report, dated May 22, 2014, prepared by RKL
Appraisal and Consulting, PLC("RKL").
On June 11, 2014 the County made a written offer to purchase the easement at RKL's appraised value.
The owner made a counter-offer of $91,319.25 and furnished an engineer's report in support of the
contention that the front section of the parent tract would need to be redeveloped at a cost of$20,919.25
to replace landscaping and to cure drainage issues caused by construction of the Project. The owner
further alleged that the value of the easement was $5,000 and that the remainder property would diminish
in value to the extent of $65,400.00 due to the proximity of the new right-of-way lane to the existing
house.
While the owner's claims are grossly exaggerated, they are not totally without merit. The home will be
70 feet from the new right-of-way line, which is less than the minimum required by the Collier County
Land Development Code. Calculating severance damages is unavoidably subjective given the qualitative
techniques available to the appraiser and is rarely accomplished through the use of empirical data. This
often leads to wide variations between the owner's claim of full compensation and the County's initial
purchase offer. Accordingly, it is prudent to work towards a settlement that avoids open-ended claims in
the litigation arena. If this parcel is not acquired by negotiation, the lawsuit will proceed and the County
will be liable for payment of the owner's additional attorney and expert fees and costs, along with the
County's legal costs. Furthermore, the possibility cannot be excluded that a jury would award the owner
a substantial portion of her original claim should the matter proceed to trial. A jury could disagree with
the County altogether or could compromise with a figure somewhere in the middle.
The attached Stipulated Final Judgment reflects a negotiated settlement amount of$38,000.00 for Parcel
263RUE plus $6,237.00 for attorney's fees and costs, and $2,000.00 for engineer's fees, which the
County is required to pay according to Sections 73.091 and 73.092, Florida Statutes. Staff recommends
that the Board of County Commissioners (the Board) approve the attached Stipulated Final Judgment.
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FISCAL IMPACT: Funds in the amount of $46,237.00 are available in the Golden Gate Boulevard
Transportation Capital Improvement Project No. 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. Additional right-of-way acquisitions are required, which will
add acreage to the mowing and garbage removal maintenance at approximately $3,000 per year. Closed
drainage(piping)has a useful life of approximately fifty years with recurring costs of periodic inspections
and system cleaning on a three to five year basis at an estimated cost of$5,000 per cycle. New roadway
construction has a maintenance curve of approximately 5 to 7 years before any incremental costs are
required for repairs or replacement.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. -HFAC
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve the attached Stipulated Final Judgment as to Parcel 263RDUE;
2. Authorize the payment of$46,237.00 as stated; and
3. Authorize any and all budget amendments that may be required to carry out the collective will of the
Board.
Prepared by: Robert Bosch,Asst. Manager—ROW Acquisitions,Transportation Engineering Division,
Growth Management Department.
Attachments: (1) Stipulated Final Judgment as to Parcel 263RDUE; (2)Location Map; and(3)RKL's
Appraisal Report, dated May 22, 2014, due to its size accessible at:
http://www.colliergov.net/ftp/AgendaJune92015/GrowthMgmt/263RDUEappraisalReport.pdf
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6/9/2015 16.A.19.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.19.
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total
amount of$46,237 for Parcel 263RDUE in the lawsuit styled Collier County v. Ganash Rajaram,
et al., Case No. 15-CA-379. (Golden Gate Boulevard From East of Wilson Boulevard to 20th
Street East, Project No. 60040.) Fiscal Impact: $46,237.
Meeting Date: 6/9/2015
Prepared By
Name: BoschRobert
Title: Operations Analyst, Senior, Growth Management Department
5/11/2015 9:56:08 AM
Approved By
Name: AhmadJay
Title: Division Director-Transportation Eng, Growth Management Department
Date: 5/12/2015 9:23:53 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Growth Management Department
Date: 5/12/2015 10:43:42 AM
Name: HendricksKevin
Title: Manager-Right of Way, Growth Management Department
Date: 5/12/2015 11:20:11 AM
Name: PutaansuuGary
Title: Project Manager, Principal, Growth Management Department
Date: 5/12/2015 2:53:38 PM
Name: KearnsAllison
Title: Manager Financial &Operational Support, Growth Management Department
Date: 5/14/2015 9:31:32 AM
Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
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Date: 5/14/2015 10:20:48 AM
Name: DelateJoseph
Title: Project Manager, Senior, Growth Management Department
Date: 5/18/2015 12:34:53 PM
Name: GossardTravis
Title: Division Director-Road Maintenance, Growth Management Department
Date: 5/18/2015 12:57:02 PM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 5/18/2015 1:28:34 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/20/2015 8:55:30 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/20/2015 10:39:36 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 5/27/2015 5:57:15 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/28/2015 7:27:59 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, Case No.: 15-CA-379
Petitioner, Parcel No.: 263RDUE
v.
GANASH RAJARAM, et al.
Respondents.
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent,
MERCEDES DE LA TORRE (hereafter"Respondent"), for entry of a Stipulated Final Judgment as
to Parcel 263RDUE, 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, COLLIER COUNTY,
FLORIDA, is the full compensation due Respondent, and the Court being otherwise fully advised in
the premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondent have and recover from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Thirty-Eight Thousand Dollars and No/100
(538,000.00) for Parcel 263RDUE as full payment for the property interests taken and for damages
resulting to the remainder, if less than the entire property was taken, business damages, and for all
other damages in connection with said parcel; it is further
ORDERED that Respondent receive from Petitioner, COLLIER COUNTY, FLORIDA, the
sum of Six Thousand Two Hundred Thirty-Seven Dollars and No/100 (S6,237.00) for attorney's
fees and costs; it is further
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ORDERED that Respondent receive from Petitioner, COLLIER COUNTY, FLORIDA, the
sum of Two Thousand Dollars and No/100($2,000.00) for expert fees; it is further
ORDERED that except as provided herein, no additional fees or costs shall be awarded to
Respondent; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the
amount of Nine Thousand Six Hundred Dollars and No/100 ($9,600.00) which was deposited
into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel 263RDUE at
which time title to said parcel as described in Exhibit A vested in the name of Petitioner, it is further
ORDERED that the Petitioner shall deposit an additional Twenty-Eight Thousand Four
Hundred Dollars and No/100 ($28,400.00), subject to the approval of the Board of County
Commissioners, into the registry of this Court within thirty (30) days of the date of this Stipulated
Final Judgment; and it is further
ORDERED that the sums on deposit in the Registry of the Court are subject to
apportionment; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court,Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum
of Eight Thousand Two Hundred Thirty-Seven Dollars and No/100 ($8,237.00) to Bella Y.
Patel, Esquire, BELLA Y. PATEL, P.A., 13026 Waterford Run Drive, Riverview, FL 33569 for
attorney fees and expert fees; it is further
ORDERED that title to Parcel 263RDUE, a Roadway, Drainage and Utility Easement, being
fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner,
COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated July 30, 2015, and the
deposit of money heretofore made,is approved, ratified, and confirmed; it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
[15-CA-379/1172850/1]272 2
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6/9/2015 16.A.19.
ORDERED that the Notice of Lis Pendens in this cause recorded in Official Record Book
5124, Page 921, et seq. of the Public Records shall be dismissed as to Parcel 263RDUE; it is further
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
County Commissioners; it is further
ORDERED that this Stipulated Final Judgment be recorded in the Official Records of
Collier County,Florida.
DONE AND ORDERED in Naples, Collier County, Florida on this day of July, 2015.
HONORABLE JAMES R. SHENKO
Circuit Court Judge
Conformed Copies to:
Emily R.Pepin,Esquire
Bella Y.Patel, Esquire
Nilda A. Perez and Abisael Perez
Joseph M.Reichert,Esquire and Nicole R.Topper,Esquire
Gilbert A.Chediak and Mirta Chediak
Kevin Hendricks,Acquisition Mgr/Transp.
Clerk's Office-Accounting Department
[15-CA-379/l 172850/1]272 3
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JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, MERCEDES DE
LA TORRE, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to
Parcel 263R 'E.
Dated: 5 L 0 5 Dated:
LAW OFFICES OF BELLA Y. PATEL, P.A. OFFICE OF THE COUNTY ATTORNEY
13026 Waterford Run Drive 3299 East Tamiami Trail, Suite 800
Riverview, Florida 33569 Naples, Florida 34112
(813) 643-2762 -Telephone (239) 252-8400-Telephone
(813) 64 612-Facsi ile (239)252-6300- Facsimile
By: Clig By:
BELLA Y. PATEL, ESQUIRE HEIDI ASHTON-CICKO, ESQUIRE
Florida Bar Number 961670 Florida Bar Number 966770
bellapatelpa @aol.com heidiashton @colliergov.net
ATTORNEY FOR RESPONDENT kathvnellcrotteau collieraov.net
MERCEDES DE LA TORRE nancybradley@cotliergov.net
AND
EMILY R. PEPIN, ESQUIRE
Florida Bar Number 92956
emiivpepin(colliergov.net
k ath y ne l l c rotte aura,c o 1 l i ergov.net
nancybradleya,colliergov.net
ATTORNEYS FOR PETITIONER
[15-CA-379!l 172850/1]272 4
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EXHIBIT
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TRACT T 53OF
GRAHAM TR DE LA TORRE
OR 252Z/3426 DR 3213/2200
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TRACT 36
E TRAC GOLDEN GA SESTATES TRACT 38
8 UNIT 50
PLAT BOOK 5 PACE 52
T PROPOSED ROADWAY EASEMENT •
PARCEL 283 ROUE •
4'.L10 10.R.
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woo 14 400 Y43r•00 IA. DO
OOLDELI CATE. BOULEVARD (CR 570
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OR OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED RUAOWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
f7�"F EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
IGGd USE OF THE PUDUC PER PLAT BOOK 5, PACE 82
LEGAL DESCRIPTION FOR PARCEL 2G3 ROUE
A IR)RIION OF TRACT 37, GOLDEN GATE ESTATES. UNIT 50 AS RECORDED IN PLAT BOOK S. PACE 82 OF THE PUBLIC
RECORD$ OF COWER COUNTY, FLORIDA, LYING IN SECTION 1, TOVwSHIP 49 SOUTH, RANGE‘,7'EAST, COLLAR
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS MUMS. ,'i!;,,
THE NORTH 30 FEE' OF THE SOUTH 60 FEET OF THE EAST ISO FEET OF SAID TRAI41T.37
CONTAINING 1,500 SOUARE FEET. MORE OR LESS. ' ' '. i:~
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a 40 60 ISO
smoNINS
SKETCH & DESCRIPTION ONLY ______ wow ,
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NOT A BOUNDARY SURVEY OCALL.I..0 X7'416
I OR, COLDER COUNTY GOVERNMENT BOARD OF COUNTY COWBSVOHERS
'Of.rtooLA °1°"'� ''„0n,I,v2.i,,,o,.v,°�'i°ILL w SEE TCH &ROES DESCRIPTION OP: PROPOSED ROADWAY EASEMENT 14wilek. a
PARCEL ZOE RDUE Mt•Imr..ADdn.aa.600
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COLAS= COUTiTY. FLORIDA wrw D76A b7.su6►A. PPI11,0404
UI *Ia*
J^.a NUUBL7i RE/451001 SCCRON 14W,11W,'—RA+AGE SC.LL DATE DRAWN BY I FI, KAUE sNEEI CA
'40117 00,00 0007 I A4 77 I` • OD' FEB. 7008. S L IN0 5TE$3 i or I
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AERIAL SHOWING APPROXIMATE LOCATION OF PARCEL 263RDUE
GOLDEN GATE BOULEVARD PROJECT NO. 60040
(Not to Scale)
• pi
PROPOSED EASEMENT
PARCEL 263RDUE
EXISTING 50 FT.ROAD
EASEMENT PER PLAT
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