Agenda 09/22/2015 Item #16K2 9/22/2015 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Final Judgment for Parcel No. 265RDUE
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 $55,135.50)
OBJECTIVE: To settle the amount owed in full compensation, attorney's fees, expert fees and
costs, for the taking of Parcel 265RDUE condemned for the widening of Golden Gate Boulevard,
Project No. 60040 (hereinafter referred to as the"Project").
CONSIDERATIONS: On July 9, 2015, Collier County condemned Parcel 265RDUE required
for construction of the Project. Parcel 265RDUE is a 3,600 square foot strip easement along
Golden Gate Boulevard on the north side of the property belonging to Robert Mendez, Maria
Mendez and Leticia Hooper. See attached aerial of subject property. The County appraised the
taking at $29,900.00, which was deposited into the Court Registry. Through negotiations, the
parties agreed to full compensation, inclusive of all attorney's fees, expert fees and costs totaling
$85,000.00. The cost of this taking is mainly attributed to the relocation of a well within the
easement area, as well as damages resulting from a reduced setback to the single-family home
from 120 feet to 70 feet from the right-of-way in the after condition.
If approved, the County will be required to pay an additional $55,100.00 towards full
compensation and $35.50 in recording fees.
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 $55,135.50 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.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. - ERP
RECOMMENDATION: That the Board of County Commissioners approves the attached Joint
Motion and Final Judgment as to Parcel 265RDUE and approves 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-379/456
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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 for
Parcel No. 265RDUE 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
$55,135.50)
Meeting Date: 9/22/2015
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
9/3/2015 4:57:00 PM
Submitted by
Title: Assistant County Attorney, CAO Litigation
Name: PepinEmily
9/3/2015 4:57:01 PM
Approved By
Name: NendricksKevin
Title: Manager-Right of Way. Growth Management Department
Date: 9/4/2015 12:38:46 PM
Name: KearnsAllison
Title: Manager Financial &Operational Support. Growth Management Department
Date: 9/4/2015 3:59:35 PM
Name: AhmadJay
Title: Division Director-Transportation Eng, Growth Management Department
Date: 9/8/2015 9:26:06 AM
Name: ShueGene
Title: Division Director -Operations Support, Growth Management Department
Date: 9/10/2015 6:52:17 PM
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9/22/2015 16.K.2.
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Growth Management Department
Date: 9/11/2015 9:53:54 AM
Name: MarcellaJeanne
Title: Executive Secretary, Growth Management Department
Date: 9/11/2015 10:05:40 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 9/14/2015 9:38:36 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/14/2015 10:28:31 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 9/14/2015 11:18:33 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/14/2015 1:l 2:50 PM
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LOCATION MAP - PARCEL 265RDUE
GOLDEN GATE BOULEVARD PROJECT NO. 60040
(Not to scale)
' 50'ROW EASEMENT PER PLAT
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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 No.: 265RDUE
GANASH RAJARAM, ET AL.,
Respondents.
/
JOINT MOTION FOR FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, ROBERT J.
MENDEZ, MARIA R. MENDEZ and LETICIA HOOPER, by and through their undersigned
counsel, hereby respectfully move for entry of the attached Final Judgment as to Parcel
265RDU attached hereto as Exhibit"1".
Date.: \' 1! L- 2..0 c Dated:
I i
BEL A Y. PATEL, ESQ IRE EMILY R. PENN, ESQUIRE
Florida Bar No. 961670 Florida Bar No. 92956
Bella Y. Patel, P.A. Collier County Attorney's Office
13026 Waterford Run Drive 3299 East Tamiarni Trail, Suite 800
Riverview, FL 33569 Naples, FL 34112
Telephone: (813) 643-2762 Telephone: (239) 252-8400
Facsimile: (813) 643-2612 Facsimile: (239) 774-0225
COUNSEL FOR RESPONDENTS ROBERT COUNSEL FOR PETITIONER
J. MENDEZ, MARIA R MENDEZ AND emilvpepin(.eolliergov.net
LETICIA HOOPER jenniferbelnedio(1colliernov.net
bellapatelpa( aol.com nancvbradleyr,colliergov.net
[15-CA-379/1206749/11
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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 September, 2015.
BY:
EMILY R. PEPIN, ESQUIRE
SERVICE LIST
PARCEL 265RDUE
Robert J. Mendez, Maria R. Mendez and
Leticia Hooper
c/o Bella Y. Patel,Esquire
Bella Y. Patel, P.A.
13026 Waterford Run Drive
Riverview, Florida 33569
bellapatelpa@ aol.com
15 CA-379/4447
[15-CA-379/1206749/1]
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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.
GANASH RAJARAM, ET AL., Parcel: 265RDUE
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 Respondents,
ROBERT J. MENDEZ, MARIA R. MENDEZ, AND LETICIA HOOPER, by and through their
undersigned counsel, for entry of a Final Judgment as to Parcel 265RDUE 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
Respondents, ROBERT J. MENDEZ, MARIA R. MENDEZ, AND LETICIA HOOPER, and the
Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED that Respondents, ROBERT J. MENDEZ, MARIA R. IvIENDEZ, AND
LETICIA HOOPER, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the
total sum of Eighty Five Thousand and No/100 Dollars ($86,000.00) for Parcel 265RDUE, as
full payment for the property interest taken, all improvements costs to cure and for damages
resulting to the remainder, if less than the entire property was taken, and for all other damages,
Exhibit "1" to joint Motion for Final Judgment
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statutory interest, 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 Twenty Nine Thousand
Nine Hundred and No/100 Dollars ($29,900.00), as payment for acquisition of Parcel
265RDUE, at which time title to said parcel as described in Exhibit "A" vested in the name of
the Petitioner; it is further
ORDERED, that within thirty (30) days of entry of this Final Judgment, the Clerk shall
disburse from the Court Registry the amount of Twenty Nine Thousand Nine Hundred and
No/100 ($29,900.00) to 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 pay the total sum of Fifty
Five Thousand One Hundred and No/100 Dollars ($55,100.00) to Bella Y. Patel, P.A. Trust
Account, c/o Bella Y. Patel, Esquire. 13026 Waterford Run Drive, Riverview, Florida 33569, in
additional funds over the amount previously deposited into the Court Registry; it is further
ORDERED, that the funds shall be held in escrow in the Bella Y. Patel Trust Account
pending relocation of the well from the Easement; it is further
ORDERED, that Respondents are responsible for hiring a licensed contractor to relocate
the well from the Easement as soon as possible so as to avoid delay to Petitioner's Project and to
protect the health and safety of Respondents. Said contract shall be paid from the funds escrowed
in the Bella Y. Patel, P.A. Trust Account. The balance of the escrowed funds not paid to the
contractor shall be paid over to Respondents; it is further
2
Exhibit "1 " to Joint Motion for Final Judgment
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ORDERED that this Order disposes of all claims arising out of the taking of Parcel
265RDUE and that have or could have been asserted in this cause; it is further
ORDERED that right-of-way, drainage, and utility easement interest to Parcel 265RDUE,
being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in
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 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 265RDUE; 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 , 2015.
HONORABLE JAMES R. SHENKO
CIRCUIT COURT JUDGE
conformed copies to:
Emily R. Pepin, Esq., Counsel for Petitioner, emilypepin @colliergov.net
Bella Y. Patel, Esq., Counsel for Respondents ROBERT J. MENDEZ, MARIA R. MENDEZ,
AND LETICIA HOOPER, bellapatelpa(Zaol.com
Kevin Hendricks, Transportation ROW Acquisition Manager, kevinhendricksi)..colliergov.net
Clerk's Office, Accounting
151'A-3791446
3
Exhibit "1 " to joint Motion for Final judgment
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