Agenda 07/28/2009 Item #16K 6EXI,,C.UTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondents, Charles R., Helen J. and
Betty J. Wilson, for Parcel No. 142 in the amount of 526,280 in the lawsuit styled Collier
County v. Charles R. Nilson, et al., Case No. 02- 5164 -CA (Immokalee Road Project No.
60018) (Fiscal Impact $4,380).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
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Wilson, in the amount of $26,250, as full compensation, excepting attorney's fees and costs, for
the fee simple acquisition arising out of the condemnation of Parcel tiro. 142 in Collier County v.
Charles R. 14,71son, el al., Case No. 02-5164-CA, Immokalee Road Project 6001 S.
CONSIDERATIONS: Collier County has condemned a.364 acre parcel for road right -of`way
(Parcel 142) from property owners Charles R. Wilson, Helen J. Wilson and Betty J. Wilson. The
County's initial appraisal dated May 26, 2002, valued the taking at $15,200. The County offered
the property owners $15,200 as the County's statutory offer on July 10, 2002. The offer was not
accepted. A second appraisal dated March 12, 2003, valued Parcel 142 at $21,900. An Order- of
Taking hearing was held on May 13, 2003, and the County deposited the sum of $21,900 in the
Court Registry.
The County Attorney's Office and staff would life to make an Offer of Judgment in the arnount
of $26.250 as fall compensation for Parcel 142 less attorney's fees, expert fees and costs, wl ich
will expire in 30 days unless extended by the County, or accepted. If the property owilers accept
the offer, the County will he required to pay an additional $43S0, which will be paid to the
property owners by Stipulated Final Judgment of the court. If the property, owners reject the
offer, and fail to recover more than `i;2cr,2s0 for Parcel 142, either through settlement or jury
verdict, the County will not be required to pay any costs incurred by the property o«vners after
the date of the offer's rejection. This would include any expert witness fees, such as appraisal
Fees. Although the offer does not include attonley's fees, if the property, o,. ners accept the offer.
the atton-icy's fee is based on a benefit achIC' ed lIursuant to Section ?3.092, Fl(1. Stem.
Hie County Attorney "s Office has reviewed all considerations in making an Offer of JudLmcnt
and has calculated ir] �11ood faith this ofLr of full compensation for the property interests LA! cn.
This office considers the terms off lie Offer of,fudi'-rmcnt to he reasonable.
FISCAL INIPAC-C: Ftmds in the amount of 54..350 are available from gas taxes and impact
fees. Source of funds are Gas Taxes and Impact Fires.
LEGAL CONSIDERATIONS: This item leas been urcnarcd bti the (_'oullly .- 1dAorn,2v,s Office
and is ready f,)r Board action. This rs I regular ]t. rn 1-cquirin,L, a simple ma)OI'Ity vote. tiNZ
GROWTH MANAGEMENT AGEMEN IMPACT: None.
L Df t
Executive Summary
Page Two
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the terms of the Offer of Judgment and authorize its service on the property
owners:
2. Approve the expenditure of funds as stated, if the offer is accepted.
Prepared by: Robert N. Zachary, Assistant County Attorney
02.0235;252
K
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COLLIER COUNTY
Item Number:
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political
subdivision of the State of Florida,
Petitioner,
0
CHARLES R. WILSON, et al.,
Respondents.
Case No. 02-5164-CA
Parcel No.: 142
OFFER OF JUDGMENT
TO: Charles R. Wilson, Helen J. Wilson,
and Betty J. Wilson
c/o Kenneth A. Jones, Esq.
2320 First Street
Suite 1000
Ft. Iviyers, FL 33901 -3419
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 for Project No. 60018
in this action to the Respondents, CHARLES R. WILSON, HELEN J. WILSON, and BETTY J.
WILSON ( "Respondents "), 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 142, in the total amount of Twenty Six
Thousand Two Hundred Eighty and No /100 Dollars (.S26,280.00), for Parcel 142, which
includes the amount of $21,900.00 which was deposited pursuant to the Order of Taking dated
May 13, 2002).
There are no non - monetary teens or other relevant conditions 10 this offer except that this
offer does include interest from the date of the Order of Taking 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 2009.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tarniami Trail
Naples, Florida ' 34112
(239) 252 -8400 - Telephone
(239) 252-6300 - Facsimile
BY:
ROBERT N. ZACHARY
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 816604
ATTORNEY FOR PETITIONER
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