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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 Packet Page-2263- 9/22/2015 16.K.2. 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 Packet Page -2264- 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 Packet Page -2265- 9/22/2015 16.K.2. LOCATION MAP - PARCEL 265RDUE GOLDEN GATE BOULEVARD PROJECT NO. 60040 (Not to scale) ' 50'ROW EASEMENT PER PLAT r14,:il' 48'ROW PARCEL 265RDUE roe, p; S�h 5 1 f ks� �.. 0 r, ry qp. _ yiiµ 'sy H' .., Packet Page -2266- 9/22/2015 16.K.2. 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 Packet Page -2267- 9/22/2015 16.K.2. 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] Packet Page -2268- 9/22/2015 16.K.2. 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 Packet Page -2269- 9/22/2015 16.K.2. 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 Packet Page -2270- 9/22/2015 16.K.2. 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 Packet Page -2271- 9/22/2015 16.K.2. 3, EXHIBIT"A" ! , GOLDEN CATE BOULEVARD (CR 876) t t 1 . :4 6 k.-C.1:: I : PAGE 5 of 21 i 14— 4 1--- -, -t—,,,727;--/Vi■----i 4 I i !,, I 411,54P4(011 Pi / I ; 2.... I_ 1 .._ ; _____ . . 1 PRoPOSED ROADWAY EASEMENT PARCEL 265 ROUE 1 i .. i ''''•"11. 1 ,. • -•- i 1 •7•'. , I TRACT 22 TRACT 59 TRACT 60 GOLDEN GATE ESTATES , a UNIT 51 ri. PLAT BOOK 5 PAGE 84 H i z 1 c... I i ,0 — I .i. , 1.:Ar,:‹ cs AL4tRtcA vcr<DECii . . . i Ac-i. 75' or A47;/24{; OR 40107:545 — . 59 i? ! ,-- BRADLEY • mENE,EZ 1 OR las7/-,-p-‘, 1...;! OF' 4.1,S2/272,7 .., . . : , I . I . 4 , I I , 4 N 1 - , 1 1 4 j ; . 4 , 1 S ' , 1 4 i -ROW Pk:oPos;-1.) ci19Ar. OR/OA:At:A ADO Ll'illirT ikriE.M1-141 (RI:,i‘: I I....i4.1._.Z..1 FEB C I Mr -2,.---7-1 1 ,NK-, ROALFwAY EAS(TRFENT DED4CA1ED 10 ',Pi PERPPTLA_ 0-,,:.v (..4- THE z,JE,',..AC RIR DI.A7 F.IOOK, I,. RICO /!,. LEGA! DESCRiPTION FOR PARCEL 285 RDUE 5.C, ,I(..:,::Lp, ,",,,: EE'AFLS, ,./t4;" 5, f.s -,,F,;oi.;;;En iN r,LA7 boul, !..... RAGE 114 (,, 1,4E pce,..c. ..._-.1,1?,.;,.. Ot (-A.-IL-Oil, 01..,0-41r :•,oFic..).'.. 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'51::+04 a.14491m. l'AtIL7L 265 ROUE IIMIONK1...,..0.4,1.7 771, 1 m.o.',rods.woo 1 00W ER COUNTY, FLORIDA Wwins.Mal 41.7,0575 7404-17191 VOT OC,8 1.B.c111N,S1 1 .,...,i.., h-.....iiNLII iiLNT501: f.,<:C.,t0+•; looa-,:,.14 riANCE - SCA.E. -- 4.P.Al'E. -0R44-v; py,1 rILE ±-AuL !:-.1,CE• 0001 REV 01 I , 49 'I: 1' P.C; 011C 2009 S C I., 1 St 765 1 or ' Exhibit "1 " to Joint Motion for Final Judgment ....... . . . Packet Page -2272-