Agenda 09/27/2016 Item #16K5 16.K.5
09/27/2016
EXECUTIVE SUMMARY
Recommendation to reject Second Offer of Judgment in the amount of $63,635 including all
attorneys fees, expert witness fees and costs as full compensation for the taking of Parcel 196RDUE
needed for the widening of Golden Gate Boulevard from 8th Street East to 12th Street East, Project
No. 60040. (Fiscal Impact: $0)
OBJECTIVE: To reject Second Offer of Judgment providing for full compensation owed for the taking
of Parcel 196RDUE which was acquired as part of the widening of Golden Gate Boulevard from 8th Street
East to 12th Street East, Project No. 60040 (hereinafter referred to as the"Project").
CONSIDERATIONS: On July 30, 2015, the County condemned Parcel 196RDUE in the case styled
Collier County v. Juan E. Navarro, et al., Case No. 15-CA-154, and subsequently deposited$36,200 into
the Court Registry as a good faith estimate of value based on a valid appraisal. Parcel 196RDUE is an
8,149 square foot right-of-way, drainage, and utility easement along Golden Gate Boulevard East over
and across property owned by Thomas Marshky, Jr., hereinafter the "property owner." Included in the
good faith estimate was compensation for the property rights taken and severance damages due to the
reduction of the setback of the single-family home from approximately 113 feet before the taking to
approximately 60 feet after the taking from the right-of-way of Golden Gate Boulevard East.
On June 2, 2016, the County received an Offer of Judgment for total compensation in the amount of
$87,915. The Offer of Judgment was not accepted and counsel for the property owners submitted a
Second Offer of Judgment in the amount of$63,635 including all attorneys fees, expert witness fees and
costs as full compensation for the taking.
The County Attorney's Office and Staff are recommending rejection of the Second Offer of Judgment,
since a better result is anticipated at trial.
Upon approval by the Board, the County Attorney's Office will notify the property owner's attorney and
continue to negotiate a good faith settlement for future presentation to the Board.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: There is no fiscal impact.
LEGAL CONSIDERATIONS: This item has been reviewed as to form and legality and requires a
majority vote for Board approval. -JAB
RECOMMENDATION: That the Board of County Commissioners reject Second Offer of Judgment in
the amount of$63,635 including all attorneys fees, expert witness fees and costs as full compensation for
the taking of Parcel 196RDUE needed for the widening of Golden Gate Boulevard from 8th Street East to
12th Street East, Project No. 60040.
Prepared By: Jennifer A. Belpedio, Assistant County Attorney
ATTACHMENT(S)
1. Respondent's Second Offer of Judgment (PDF)
2.Aerial of Parcel 196RDUE (PDF)
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09/27/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Item Summary: Recommendation to reject Second Offer of Judgment in the amount of$63,635
including all attorneys fees, expert witness fees and costs as full compensation for the taking of Parcel
196RDUE needed for the widening of Golden Gate Boulevard from 8th Street East to 12th Street East ,
Project No. 60040. (Fiscal Impact: $0)
Meeting Date: 09/27/2016
Prepared by:
Title: Legal Office Administrator—County Attorney's Office
Name: Debbie Allen
09/20/2016 2:14 PM
Submitted by:
Title: County Attorney—County Attorney's Office
Name: Jeffrey A. Klatzkow
09/20/2016 2:14 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Level 1 Sim. Reviewer 1-8 Completed 09/20/2016 2:27 PM
Transportation Engineering Kevin Hendricks Level 1 Sim. Reviewer 1-8 Completed 09/20/2016 2:33 PM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 09/20/2016 3:26 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/20/2016 3:27 PM
County Attorneys Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/20/2016 3:57 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 09/20/2016 4:02 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/20/2016 4:24 PM
Office of Management and Budget Susan Usher Level 3 OMB 1st Reviewer 1-4 Completed 09/20/2016 4:36 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 09/20/2016 4:46 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA— CIVIL ACTION
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COLLIER COUNTY, FLORIDA, a political
Subdivision of the State of Florida,
Petitioner
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Case No. 15-CA-154
v. Parcel No.: 196RDUE o
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JUAN E. NAVARRO, ET AL.,
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Respondents
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RESPONDENTS' SECOND OFFER OF JUDGMENT
Respondent, THOMAS MARSHKY, JR., by and through his undersigned counsel and
pursuant to Section 73.032, Florida Statutes, and the procedures set forth in Fla.R.Civ.P. 1.442, c
hereby makes the following Offer of Judgment to Petitioner, COLLIER COUNTY, FLORIDA, to
settle all pending claims with that party, including all attorney's fees, expert witness fees and costs h
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in the amount of SIXTY-THREE THOUSAND SIX HUNDRED THIRTY-FIVE AND 00/100 E
Dollars ($63,635.00) as to Parcel 196RDUE.
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CERTIFICATE OF SERVICE 00
I HEREBY CERTIFY that on JuLY 9.c.2, 2016, I served via email and US mail this
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document to the following recipients:
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EMILY R. PEPIN, ESQUIRE Bank of America, NA as c'
Florida Bar No.: 092956 Successor to Barnett Bank of Naples
Collier County Attorney's Office 796 Fifth Avenue South 72-
Harmon
Harmon Turner Building Naples, FL 34120 a.
3299 East Tamiami Trail — Suite 800 M
Naples, Florida 34112 cc
heidiashtoncickogcolliergov.net
emilypepin 2i colliergov.net
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Ford Motor Credit Company, LLC
Dba Kia Financial Services
c/o CT Corporation System
1200 S. Pine Island Road
Plantation, FL 33324 0
CVROETZEL &ANDRESS, LPA
2320 First Street, Suite 1000
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Fort Myers, FL 33901 cc
Main Telephone: (239) 337-3850 ••
Facsimile: (2:9) 337-0970
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Florida ar No. 200158
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