Agenda 07/28/2009 Item #16K 4J
EXECUTIVE SU MMARY
Authorize the makin(,,, of an Offer of Judgment to Respondent, Cornelia Jones, for Pal-eel
No. 811 in the amount of $24,015 in the lawsuit styled Collier County 11. Myrtle Preserve,
LLC, et al., Case No. 07-463-CA (Lely Area Stormwater Improvement Project No. 51101)
(Fiscal Impact $4,415).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
'Section '7Z n17 11716t. SIClt.. We pl011-10_�M,, cwvncr, Cornelia Joncs. -in the wcnount of S24.0 15, as iuu
compensation, excepting attorney's fees and costs, for the fee simple acquisition arising out of
the condemnation of Parcel No. 811 in Collier County v. Mirile Preserve, LLC ct al., Case No.
07-463-CA, Lely Area Stormwater Improvement Project 51101.
CONSIDERATIONS: Collier County has condemned a .41 acre parcel for stormwater
improvement (Parcel 81 1) from property owner Cornelia Jones. The County's initial appraisal
dated August 25, 2006, valued the taking at $19,300. The Count), offered the owner $22,500 as
the County's statutory offer on Novernbcr 9, 2006, which includes the appraisal amount plus an
incentive to settle. The offer was not accepted. A second appraisal dated June 29., 2007, -valued
Parcel 811 at $19,600. An Order of Taking hearing was held on August 3, 2007, and the County
deposited the sum of 519.600 in the Court Registry.
The County Attorney's Office and staff would Ilk-, to make an Off"-r of Judgment in the amount
of 524,015 as full compensation for P-arec-I 811, less attorney's fees, expert fees and costs, which
will expire in. 30 days less extended by the County or accepted. If property owner accents
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the offer, the County will be required to pay an additional 54,415, which will be paid to the
property owner by Stipulated 'Final Judgment of the court. If the property owner rejects the
offer, mid falls to recover more than S24,015 for Parcel 811, either through settlement or jury
verdict, the County -,A,-ill not be required to pay any costs incurred by the property owner after the
date of the offer's rejection. This would include ;in),, export witness fees, such as appraisal fees.
Although the offer does not include attorney's fees, if the property owner accepts the offer, the
-attorney's fee is based on benefit acIiievcd pursuant to Section 73.092, P'la. Scat.
The County Attonicy's Office has reviewed all considerations in making an Offer of'Judgment
and has calculated in good faith this offer of '-'ull compensation for the property interests taken.
This office considers the terms ofthe Ofler of'Judgment to be reasonable.
FISCAL IMPACT: Funds in the amount of 54,415 from the Lely Area Stormwater
Improvement Project (Project No. 51 101 ) to come from ad valorem taxes.
LEGAL CONSIDERATIONS: This liern has been prepared by the C0LMtV Attorney's Office
and is ready for Board Action. This is a regular 11cin requiring a simple majority Z� jc)rity vote. RNY
GROWTH MANAGEMENT IMPACT: Niont.
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Executive Summary
Page Two
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the terms of the Offer of Judgment and authorize its serf -ice on the property
owner;
2. Approve the expenditure of funds as stated, if the offer is accepted.
Prepared by: Robert N. Zachary, Assistant County Attorney
07- 0463;267
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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,
V.
MYRTLE PRESERVE, LLC, et al.,
Respondents.
Case No. 07- 463 -CA
Parcel No.: R 11
OFFER OF JUDGMENT
TO: Cornelia Jones
c/o Kenneth A. Jones, Esquire
Roetzel & Andress
2320 First Street, Suite 1000
Fort Myers, FL 33901
Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues,
and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action for the
Lely Area Stormwater Improvement Project No. 5 110 1 to the Respondent, CORNELIA JONES
( "Respondent "), for all compensation, including severance damages, business damages, costs to
cure, together with the value of the taking, and any other claims of Respondents arising out of
the taking of Parcel 811, in the total amount of Twenty Four Thousand Fifteen and Noll 100
Dollars ($24.015.00), for Parcel 811, which includes the amount of $19,600.00 which was
deposited pursuant to the Order of Taking dated August 3, 2007.
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 Taming but does not include attorneys
fees and costs.
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be available for the Respondents' review upon reasonable notice
of such a request.
This Offer of Judgment was approved by the Board of County Commissioners on the
day of
2009.
Dated this day of 12009.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252 -8400 - Telephone
(239) 252 -6300 - Facsimile
BY
2
ROBERT N. ZACHARY
ASSISTANT COT _gTTORNEY
Florida Bar No. 816604
ATTORNEY FOR PETITIONER