Agenda 01/12/2010 Item #16K 1
Agenda Item No. 16K1
January 12, 2010
Page 1 of 5
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EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondents, John and Angela Rippons,
for Parcels No. 121 and 721 in the amount of $55,800 in the lawsuit styled Collier County v.
Rafael Liy, et al., Case No. 05-0752-CA (Collier Boulevard (951) Project 65061) (Fiscal
Impact -0-).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat" to property owners, John and Angela Rippons, in the amount of
$55,800, as full compensation, excepting attorney's fees and expert fees and costs, for
condemnation of Parcels 121 and 721 in Collier County v. Rafael Liy, et. ai" Case No, 05-0752-
CA, Collier Boulevard (951) Project 65061.
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CONSIDERATIONS: Collier County has condemned a 0,0861 acre parcel for fee simple
(PareelI21) and 0.0086 acre parcel for a temporary construction easement (Parcel 721) from the
property owners, John and Angela Rippons. The area of the taking is improved with site
clearing/fill and grade, portions of the concrete drive and gravel parking area, concrete parking
bumpers, one model home sign, lights for sign, small earth berm, wood cross ties, portions of the
irrigation system, landscaping and sod. The parent tract is improved with a model home. The
County's initial appraisal dated January 21, 2005 valued the taking at $48,900 for Parcel 121 and
Pareel721. The County offered the owners $50,440 for both Parcels as the County's statutory
offer on January 27, 2005, The offer was not accepted. An updated appraisal was done on
August 23, 2005, which valued the taking at $55,800 for the Parcels. An Order of Taking
hearing was held on September 7, 2005, and the County deposited the sum of $55,800 in the
Court Registry.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $55,800 as full compensation for Parcels 121 and 721, less attorney's fees, expert fees and
eosts, whieh will expire in 30 days unless extended by the County or accepted, If the property
owners aceept the offer, no additional funds will be required to pay the property owners by
Stipulated Final Judgment of the court. If the property owners reject the offer and fail to recover
more than $55,800 for Parcels 121 and 721, 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. Although the offer does not include attorney's fees, if the property owners aecept the
offer, the County would be responsible for attorney's fees pursuant to Section 73.092, Fla, Stat"
and the owners' expert fees and costs.
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.
FISCAL IMPACT: There is currently no fiscal impact associated with this item.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
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Agenda Item No. 16K1
January 12, 2010
Page 2 of 5
Executive Summary
Page Two
GROWTH MANAGEMENT IMPACT: None,
RECOMMENDA nON: That the Board of County Commissioners:
1. Approve the terms of the Offer of Judgment and authorize its service on the property
owner;
2. Authorize the expenditure of funds as stated, if the offer is accepted.
Prepared by: Robert N, Zachary, Assistant County Attorney
05,752CAI493
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Agenda Item No. 16K1
January 12, 2010
Page 3 of5
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COLLIER COUNTY
BOARD OF eOUNTY eOMMISSIONERS
Item Number:
Item Summary:
16K1
Meeting Date:
Authorize the making of an Offer of Judgment to Respondents, John and Angela Rippons, for
Parcels No, 121 and 721 in the amount of $55,800 in the iawsuit styled Collier County v. Rafael
Uy, et al., Case No. 05-0752-CA (Collier Boulevard (951) Project 65061) (Fiscal Impact -0,),
1/12/20109:0000 AM
Prepared By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney 12/15/20099:17:57 AM
A pproved By
Norm E. Feder, AICP Administrator ~ Transportation Date
Transportation Division Transportation Administration 12/15/20093:16 PM
Approved By
Najeh Ahmad Director - Transportation Engineering Date
Transportation Engineering & 12/16/20099:56 AM
Transportation Division Construction Management
Approved By
.- Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney 12117/200910:10 AM
Approved By
Kevin Hendricks Manager - Right of Way Date
Transportation Division Transportation Engineering & 12/18/20091:20 PM
Construction Management
A pproved By
Therese Stanley Manager. Operations Support ~ Trans Date
Transportation Division Transportation Administration 12/22/20094:18 PM
Approved By
Lisa Taylor Management/Budget Analyst Date
Transportation Division Transportation Administration 12/29/200911:26 AM
Approved By
Jeff Klatzkow County Attorney Date
12/29120093:06 PM
Approved By
Mark Isackson Management/Budget Analyst, Senior Date
Office of Management & Office of Management & Budget
-, Budget 12/30/2009 2:44 PM
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Agenda Item No, 16K1
January 12, 2010
Page 4 of 5
IN THE CIRCillT COURT OF THE TWENTIETH JUDICIAL CIRCillT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No. 05-752-CA
v.
RAFAEL LIY, et aI.,
Parcels: 121,721
Respondents,
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OFFER OF JUDGMENT
TO: John Rippons & Angela Rippons
c/o Mark A. Boyle, Esq.
FINK & BOYLE, P.A.
2050 McGregor Blvd.
Ft. Myers, FL 33901
Petitioner, COLLIER COUNTY, 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 (951)
Project Number 6506lto the Respondents, JOHN and ANGELA RIPPONS ("Respondents"), in
settlement of all Claims concerning Parcel Numbers 121 and 71, for all eompensation, including
severance damages, business damages, costs to cure, together with the value of the taking,
statutory interest and any other claims of Respondent(s) arising out of the taking of Parcels 121
and 721 for the sum of $55,800.00, subjeet to appropriation, if any, which includes the amount of
$55,800.00 deposited pursuant to the Order of Taking dated September 7, 2005.
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.
1
Agenda Item No. 16K1
January 12, 2010
Page 5 of 5
The construction plans and specifications for the project on which the offer is based have
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been previously and continue to be available for the Respondent's review upon reasonable notice
of sueh a request.
This Offer of Judgment was approved by the Board of County Commissioners on the
day of
January
,2010,
Dated this
day of January
,2010.
OFFICE OF THE COUNTY ATTORNEY
Hannon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
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BY:
~:z." ROBERTN. ZACHARY
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 816604
ATTORNEY FOR PETITIONER
OS,7S2-cN492
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