Agenda 05/11/2010 Item #16K 2
Agenda Item No. 16K2
May 11, 2010
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $850,000 for
Parcel 121FEE in the lawsuit styled Collier County v. Pascal J. Murray, et. al., Case No. 07-
4784-CA (Santa Barbara Boulevard Extension Project #60091 (Fiscal Impact $285,800).
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation including statutory interest, attorney fees, expert fees and costs for
the taking of Parcel No. 121 FEE in the lawsuit styled Collicr County v. Pascal J. Murray, ct. al.,
Case No. 07-4784-CA (Santa Barbara Boulevard Extension Project #60091).
CONSIDERATIONS: Collier County acquired by condemnation an entire 4.34 acre parcel
described as ParcelI2IFEE, for construction ofa roadway, from property owners Pascal J. Murray,
Darlene R. Murray, Anthony M. Murray, Jean Murray, John Rush and Gerry Geoghegan. A
Stipulated Order of Taking was entered on March 7, 2008, and the County deposited the sum of
$564,200 in the Court Registry.
This acquisition was a total take of owners' land. The issue in this case is land value per acre.
Owner claims a higher land value resulting in a value of full compensation of approximately
$905,000 excluding attorney fees, expert fees and costs.
The parties mediated the case on April 22, 2008 and the mediation was not successful. Subsequent
to mediation, the County obtained an appraisal for trial by a second appraiser which produced a
lower appraised value equaling $450.000, because thc second appraiser deemed the highest and best
use to be of a lower density than the County's first appraiser.
A trial is scheduled for Octoher, 2010. The most likely outcome at trial is that the jury would
choose an average number between the County's estimate of value and the owner's estimate of
value. A split using the County's deposit appraisal is $734,600. Between attorney fees and expert
costs, the County will likely spend well in excess of $150.000 to try this case. Accordingly, it is
staff's belief that it is fiscally prudent to settle this case at this time so that the owner will receive a
higher amount and the expert fecs and costs can be minimized.
It should be noted that if the County were unsuccessful at trial, between a potential jury verdict of
$905,000, reflecting a higher land value for grcater density, together with the County having to pay
both the owner's attorney fees, expert fecs and costs, as well as its own trial costs, total
expenditures could be several hundreds of thousands in excess of the sum the County would be
paying if this proposed settlement is approvcd. Also, the County is responsible for paying interest
on the difference between the jury verdict and the amount of the Order of Taking deposit at the rate
of judgment interest. The interest rates are 11%. J 1%, 8% and 6'Yo for 2007, 2008, 2009 and 2010.
Interest alone could be over $100.000.
Given the above, staff recommends settlement in the amount of $850,000, which includes total
compensation, statutory interest, attorney fees, expert fees and costs. An approximate breakdown of
this global settlement is $715,000 in compensation for Parcel 121FEE and $135,000 in attorney
fees, expert fees and costs.
Agenda Item No. 16K2
May 11, 2010
Page 2 of 8
Estimated attorney fees, expert fees & costs
Additional compensation
TOTAL
$135,000
$150.800
$285,800
FISCAL IMPACT: Funds in the amount of $285,800 are available from gas taxes and impact
fees. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action - HFAC
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Stipulated Final Judgment as to Parcel 121 FEE; and
2. Approve the expenditure of funds as stated
PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney
CI':07.4784\3374
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K2
May 11, 2010
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K2
Recommendation to approve a Stipulated Final Judgment in the amount of $850,000 for Parcel
121FEE in the lawsuit styled Collier County v. Pascal J. Murray, e1. a!., Case No. 07-4784-CA
(Santa Barbara Boulevard Extension Project #60091 (Fiscal Impact $285,800).
5/11/20109'0000 AM
Date
Prepared By
Heidi F. Ashton
County Attorney
Section ChieffLand Use-Transportation
County Attorney
4/29/20109:43:39 AM
Usa Taylor
Date
Approved By
Transportation Division
Management/Budget Analyst
Transportation Administration
4/29/201010:45AM
Approved By
Norm E, Feder, AICP
Transportation Division
Administrator ~ Transportation
Date
Transportation Administration
4/29/20101 :19 PM
Date
Approved By
Kevin Hendricks
Transportation Division
Manager - Right of Way
Transportation Engineering &
Construction Management
4/29/20101:36 PM
Najeh Ahmad
Date
Approved By
Transportation Division
Director. Transportation Engineering
Transportation Engineering &
Construction Management
4/29/20103:13 PM
Date
Approved By
Jeff Klatzkow
County Attorney
4/29/20104:35 PM
Date
A pproved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
4/30/20104:29 PM
Date
Approved By
Susan Usher
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
5/3/20106:32 PM
Date
Approved By
Leo E. Ochs, Jr,
County Managers Office
County Manager
County Managers Office
514/201011:56 AM
Agenda Item No. 16K2
May11,2010
Page 4 of 8
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No. 07-4784-CA
v.
PASCAL J. MURRAY, et al.,
Parcel: 121FEE
Defendants.
STIPULA TED FINAL JUDGMENT
CONCERNING PARCEL 121FEE
THIS CAUSE came to be considered pursuant to the attached Joint Motion to Enter
Stipulated Final Judgment Concerning Parcel 121FEE, filed by Petitioner Collier County (the
"County") and Respondents, Pascal J. Murray, Darlene R. Murray, Anthony M. Murray, Jean
Murray, John Rush, and Gerry Geoghegarl ("Respondents"). Upon reviewing the motion and the
file, and being otherwise Fully advised in the premises. it is
1. ORDERED AND ADJUDGED that the parties have reached a settlement of
disputed elaims, and their attached Joint Motion to Enter Stipulated Final Judgment Concerning
Parcel 121FEE is hereby GRANTED, it is further
2. ORDERED AND ADJUDGED that on or about December 3, 2007, the County
filed its petition for the purpose of acquiring Parcel 121 FEE through eminent domain action. In
accordance with the Court's March 7. 2008 Order of Taking Concerning Parcel 121FEE, the
County timely deposited $564,200.00 in the court registry concerning Parcel12lFEE on or about
March 20, 2008, it is further
3. ORDERED AND ADJUDGED that the County shall pay Respondents the total
sum of $850,000.00 for Parcel 121FEE. Within 30 days from the date of receipt of this
judgment, the County shall pay the additional amount of $285,800.00 to the Trust Account of
Page 1 of 4
Agenda Item No. 16K2
May 11, 2010
Page 5 of 8
Gray Robinson, P.A., 50 N. Laura Street, Suite 1100, Jacksonville, Florida 32202, for
disbursement in accordance with the terms of this order. The County is entitled to receive credit
in the amount of $564,200.00, which is the good faith estimate of value previously deposited in
the court registry, it is further
4. ORDERED AND ADmDGED that upon payment of the $285,800.00, the
County shall be deemed to have fully and completely satisfied any and all pending claims in this
case concerning Parcel 121 FEE, including but not limited to the order of taking, full
compensation, land and improvements taken, severance damages, cost to cure, business and
special damages, any other type of damages recoverahle in eminent domain, interest, the value of
any liens, leases, encumbrances, options, or contracts, all pending motions, and apportionment
claims, as well as any and all compensable legal expenses, including reasonable attorneys' fees
and costs and expert fees and costs concerning any and all monetary and/or non-monetary
benefits, it is further.
5. ORDERED AND ADJUDGED that title to Parcel 121FEE, as described in
Exhibit "I" attached hereto, which vested in Petitioner, Collier County, Florida, pursuant to the
Order of Taking dated March 7, 2008, and the deposit of money heretofore made, are approved,
ratified, and confirmed, it is further
6. ORDERED AND ADmDGED that the Notice of Lis Pendens filed in the above-
styled cause and recorded in Official Record Book 4308, Page 1793 of the Public Records of
Collier County, Florida shall be dismissed as to ParceI12IFEE, it is further
7. ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be
recorded in the Official Records of Collier County, Florida, it is further
8. ORDERED AND ADJUDGED that this Order disposes of all claims arising out
of the taking of Parcel 121 FEE and that have or could have been asserted in this cause.
Page 2 of 4
-Agenda Item No 16K2
May 11, 2010
Page 6 of 8
in Naples, ColliI;\' COuntY. Florida
DONE AND ORDlCRED, this _ day of
, 2010, in oh!lIl1bers'
Vinca Mutphy, A~ng CireuiLJudgo
Conformed Copies to:
VivillIl Arenas. Battles, Elsquire, Co=1 for Collier County
Heidi Ashtou-CicE;.o. As:;;stant Co1lll1.y Attorney
MenelllOS PapaJas, &qniro, Co-ColmSeI fo:r Respondents
Bella Y. Parel, ESqu~, Co-Counsetlbr Responden\$
JOINT MonONroEN1:ER~TEi)
FINAL Jll'DGME'NT CONCEroqN'q:l'.ui<;& 12lFEE
Petition.. C"lliet CauIlty. l'lorida and R.espondents, l'aSC'!l J. Murray, Darlene R.
Mwray, Anthony M. M1.l!rnY, J"8U Murray, John Rush., and Genr Geog~ by and througb
tile!r undersiguC(\ _mays. herl'by stipulate 1;>, and mov<; ilie Court to euI<l(, the foregoing
Stipulated Final Judgtnenr Concerning l'arcel12JFBE.
v;;;;m A=as, FEN 6Q6261
de I. l'ar!.C & Gi'lbert, fA
Post Offic", Box 235()
Tampa. Florida 33601 2350
Telephone: (813) 2292715
COUNSEL FOR COLLIER COUNTY
Date
Heidi Ashum-C;cko, Esquire
k-;rista:nl County A110rney
3301 EastTamimni Truil
Naples, FL 341!2
Telephone: (239) 252-8400
. COUNSEL FOR COLLIER COUNTY
Date
~~
M"'lclaos Pap,uas, Esquire
Aaron J. Silberman, Esqul.re
Q:ayRobinson.l'.A
50N. LauraStrect, Suile llOO
Jacksonville. FL 32202
T e[<:phone, (904,) 598-9929
COlJNSflL POR MURRAY, et ai.,
c-( k 11 I.>
Da1e('
~crQHh'- PtLtj
J>ella 'i. Patel, ESqui~
~1ia Y.l'atel, P.A
13026 Waterford Run Drive
Riverview, Ft 33569
Telephone, (813) 64$-2762
COUNSEL FOR MURRAY, ctal.,
'1: i ~?I
__ ',,,,'ill ?I\\~
Date I
Page 3 of 4
Agenda Item No. 16K2
May 11, 2010
Page 7 of 8
CERTIF1CATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this Stipulated Final Judgment as to
2010:
Parcel 121FEE was served on the following persons in the manner described below, on this_
day of
Bv U.S. Mail:
Menelaos Papalas, Esquire
Aaron J. Silberman, Esquire
GrayRobinson, P.A.
50 N. Laura Street, Suite 1100
Jacksonville, FL 32202
Co-Counsel for Respondents,
Pascal J. Murray, Darlene R. Murray,
Anthony M. Murray, Jean Murray,
John Rush, and Gerry Geoghegan
(ParceI121FEE)
206258v2
Bv U.S. Mail:
Bella Y. Patel, Esquire
Bella Y. Patel, RA.
13026 Waterford Run Drive
Riverview, FL 33569
Co-Counsel for Respondents,
Pascal 1. Murray, Darlene R. Murray,
Anthony M. Murray, Jean Murray,
John Rush, and Gerry Geoghegan
(Parcel 121FEE)
Vivian Arenas-Battles
Page 4 of 4
AQc.nrl;J Itpm f\ln 1 GK?
May 11, 2010
Page 8 of 8
T
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PROJ~CTNO.
PARCEl, NO.
FOLIO NO.
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FEE SIMPLE
INTEREST
6Q09t
121 FEE
00407200005
LEGAL DESCRIPTION & SKETCH
- (NOT A SURVEY) ,,' -
ExHl,aIT A
....-'tE.aCIL
A PORTION. OFSEcTION' 9, TOWNSH!P~ SO SOUTH, RANGE 26 EAST,
MORf;'PAFlTICLiLARL Y DEsCRIBED AS FOLLOws:
11-\E; SOlll'H ONE HALF (112) '6p TI-iE NORTHWEST ONE QUARTER
(4) of THE SOIJTKWEST ONE QUARTER (1/4) OF THE SOUTliWEsT
ONE QUARTER (1/4) OF SAID SECTiON 9, LESS THE SOlITHERly SO
FEE'!" AND THE: F-ASTE:RLY 30.ffEr THEREOF. COj\f]'AININc; 4.34
ACR"s MORE OR LESS,
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