Agenda 12/13/2011 Item #16K 312/13/2011 Item 16.K.3.
EXECUTIVE SUMMARY
W
Authorize the making of an Offer of Judgment to Respondent, Katheryn Moreno, for
Parcel No. 140RDUE in the amount of $7,000 in the lawsuit styled Collier County v.
Katheryn Moreno, et al., Case No. 10- 2741 -CA (Collier Boulevard Project No. 68056) (Fiscal
Impact $1,200).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to property owner, Katheryn Moreno, in the amount of $7,000, as full
compensation, excepting attorney's fees and costs, for condemnation of Parcel No. 140RDUE in
Collier County v. Katheryn Moreno, et al., Case No. 10- 2741 -CA, Collier Boulevard Project No.
68056.
CONSIDERATIONS: Collier County has condemned a .034 Acres Road Right -of -way and
Utility Easement from the property owner, Katheryn Moreno. The County's initial appraisal
dated February 25, 2008, valued the taking at $9,000. The County offered the owner $9,000 as
the County's statutory offer on November 20, 2008. The offer was not accepted. A second
appraisal dated August 20, 2010, reflects a reduction in value of the Parcel to $5,800. An Order
of Taking hearing was held on October 19, 2010, and the County deposited the sum of $5,800 in
the Court Registry.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $7,000 as full compensation for Parcel 140RDUE, less attorney's fees, expert fees and costs,
which will expire in 30 days unless extended by the County or accepted. If the property owner
accepts the offer, the County will be required to pay an additional $1,200, which will be paid to
the property owner by Stipulated Final Judgment of the court. If the property owner rejects the
offer and fails to recover more than $7,000 for Parcel 140RDUE, either through settlement or
jury verdict, the County will not be required to pay any costs incurred by the property owner
after the date of the offer's rejection. This would include any expert witness fees, such as
appraisal fees.
The County Attorney's Office has reviewed all considerations in making an Offer of Judgment
and has calculated in good faith this offer of full compensation for the property interests taken.
This office considers the terms of the Offer of Judgment to be reasonable. The Offer of
Judgment is attached hereto as Exhibit "A ".
FISCAL IMPACT: Funds in the amount of $1,200 are available from impact fees. Source of
funds are Impact Fees.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a
majority vote for approval. —JW
GROWTH MANAGEMENT IMPACT: None.
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12/13/2011 Item 16.K.3.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the terms of the Offer of Judgment and authorize its service on the property
owner;
2. Approve the expenditure of funds as stated, if the offer is accepted.
Prepared by: Jeff E. Wright, Assistant County Attorney
10 -2741 CA /2431
2
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12/13/2011 Item 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3.
Item Summary: Authorize the making of an Offer of Judgment to Respondent, Katheryn
Moreno, for Parcel No. 140RDUE in the amount of $7,000 in the lawsuit styled Collier County v.
Katheryn Moreno, et al., Case No. 10- 2741 -CA (Collier Boulevard Project No. 68056) (Fiscal
Impact $1,200).
Meeting Date: 12/13/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
11/7/20114:34:59 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 11/8/2011 8:49:24 AM
Name: PutaansuuGary
Title: Project Manager, Principal,Transportation Engineer
Date: 11/8/2011 10:30:34 AM
Name: TaylorLisa
Title: Management/Budget Analyst ,Transportation Administr
Date: 11/17/2011 7:37:06 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 11/17/2011 10:16:08 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 11 /21/2011 1:44:02 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
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Date: 11/23/20112:08:43 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/23/20112:40:50 PM
12/13/2011 Item 16.K.3.
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/23/2011 3:25:23 PM
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12/13/2011 Item 16.K.3.
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,
M1
KATHERYN MORENO, et al.,
Respondents.
TO: Kather�yn Moreno
999 28t Ave. N
Naples, FL 34103
Case No.: 10- 2741 -CA
Parcel Nos.: 140RDUE
OFFER OF JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida
Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in the
Collier Boulevard Project Number 68056, to the Respondents, KATHERYN MORENO,
( "Respondent "), in settlement of all Claims concerning Parcel Number 140RDUE, for all
compensation, including severance damages, business damages, costs to cure, together with the
value of the taking, statutory interest and any other claims of Respondent arising out of the
taking of Parcel 140RDUE for the sum of $7,000.00, which includes the amount of $5,800
deposited pursuant to the Order of Taking dated October 19, 2010. This Offer of Judgment is
subjection to apportionment, if any.
There are no non- monetary terms or other relevant conditions to this offer except that this
offer does include interest from the date of the Order of Taking but does not include attorney's
fees and costs.
EXHIBIT ,
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12/13/2011 Item 16.K.3.
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be available for the Respondent's review upon reasonable notice
of such a request.
This Offer of Judgment was approved by the Board of County Commissioners on the
day of , 2011.
Dated this day of , 2011.
10 -2741 ca/2432
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3299 East Tamiami Trail -Ste. 800
Naples, Florida 34112
(239) 252 -8400 — Telephone
(239) 252 -6300 — Facsimile
BY:
JEFF E. WRIGHT
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 20203
ATTORNEY FOR PETITIONFn
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