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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. Packet Page -612- 6/9/2015 16.A.19. 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 Packet Page-613- 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 Packet Page-614- 6/9/2015 16.A.19. 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 Packet Page-615- 6/9/2015 16.A.19. 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 Packet Page -616- 6/9/2015 16.A.19.■ 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 Packet Page -617- 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 Packet Page-618- 6/9/2015 16.A.19. • 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 Packet Page-619- 6/9/2015 16.A.19." EXHIBIT N W % ,.- 5' i — i ' g_ L . P — TRACT T 53OF GRAHAM TR DE LA TORRE OR 252Z/3426 DR 3213/2200 L i 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. Q j- _._�. / I 3D', I T r 1 woo 14 400 Y43r•00 IA. DO OOLDELI CATE. BOULEVARD (CR 570 —I r-- I ■ 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:~ r1 �, a 40 60 ISO smoNINS SKETCH & DESCRIPTION ONLY ______ wow , r 4.a5ow :i? t awd 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 +r:......a.T+.. 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 Packet Page -620- 6/9/2015 16.A.19. 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 r, .,.- s t; • �`NIXIu',�rM�WS '�m'.','�.`�` � iF �, t-.F:.. a.w. �, ay Packet Page -621-