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Agenda 09/29/2009 Item #16K 3 Agenda Item No. 16K3 September 29,2009 Page 1 of 6 EXECUTIVE SUMMARY Authorize the making of an Offer of Judgment to Respondent, Jeanne Fields and Donald E. Fields, for Parcel No. 124FEE in the amount of $711,301 in the lawsuit styled Collier County v. Pascal J. Murray, et aI., Case No. 07-4784-CA (Santa Barbara Boulevard Extension Project No. 60091) (Fiscal Impact $97,001). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to property owners, Jeannie Fields and Donald E. Fields, in the amount of $711,301, as full compensation, excepting attorney's fees and costs, for condemnation of Parcel No. 124FEE in Collier County v. Pascal J. Murray, et a!., Case No. 07-4784-CA, Santa Barbara Boulevard Extension Project No. 60091. CONSIDERATIONS: Collier County has condemned a 4.55 acre parcel for road right-of-way (Parcel 124FEE) from the property owner, Pascal 1. Murray. The County's initial appraisal dated July 12, 2007, valued the taking at $614,300. The County offered the owner $639,300 as the County's statutory offer on August 30, 2007. The offer was not accepted. A second appraisal dated January 17,2008, reflects a reduction in value of Parcel 124FEE to $591,500. A Stipulated Order of Taking was entered on March 7,2008, and the County deposited the sum of$614,300 in the Court Registry. The owners' appraisal totals the take at $1,202,600. The County Attorney's Office and staff would like to make an Offer of Judgment in the amount of $711,301 as full compensation for Parcel 124FEE, excluding 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 $97,001, 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 $711,301 for Parcel l24FEE, 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. FISCAL IMPACT: Funds in the amount of $97,001 are available from gas taxes and impact fees. Source of funds are Gas Taxes and Impact Fees. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ GROWTH MANAGEMENT IMP ACT: None. Agenda Item No. 16K3 September 29, 2009 Page 2 of 6 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 owner; 2. Approve the expenditure of funds as stated, if the offer is accepted. - Prepared by: Robert N. Zachary, Assistant County Attorney CP: 07-4784-CA;3242 2 Page 1 of2 Agenda Item No. 16K3 September 29, 2009 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K3 Item Summary: Authorize the making of an Offer of Judgment to Respondent, Jeanne Fields and Donald E. Fields, for Parcel No. 124FEE in the amount of $711 ,301 in the lawsuit styled Collier County v. Pascal J. Murray, et aI., Case No. 07-4784-CA (Santa Barbara Boulevard Extension Project No. 60091) (Fiscal Impact $97,001). Meeting Date: 9/29/2009 9:00:00 AM Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 9/16/20092:22:01 PM -. Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 9/16/20093:00 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 9/16/20093:05 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 9/16/20094:03 PM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Adm inistration 9/16/2009 4:42 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 9/17/20099:09 AM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 9/17/20093:35 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 9/1812009 1 :38 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 9/1812009 3:46 PM file://C:\Agendatest\export\135-September 29,2009\16. CONSENT AGENDA\16K. COUN... 9/23/2009 Page 2 of2 Agenda Item No. 16K3 September 29,2009 Page 4 of 6 Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 9/18/20095:14 PM Approved By Leo E. OChs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 9/18/20096:01 PM -- -, file://C:\Agendatest\export\135-September 29,2009\16. CONSENT AGENDA\16K. COUN... 9/23/2009 Agenda Item No. 16K3 September 29, 2009 Page 5 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CML ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 07-4784-CA v. PASCAL J. MURRAY, et al., Parcels: 124FEE Respondents. / -- OFFER OF JUDGMENT TO: Jeanne Fields Donald E. Fields c/o Ellen J. Neil, Esq. Gaylord, Merlin, et al. P.O. Drawer 569 Boca Grande, FL 33921-0569 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 Santa Barbara Boulevard Extension Project Number 60091, to the Respondents, JEANNE FIELDS AND DONALD E. FIELDS ("Respondents"), in settlement of all Claims concerning Parcel Number 124FEE, 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 124FEE for the sum of $711,301.00, subject to apportionment if any, which includes the amount of $614,300 deposited pursuant to the Stipulated Order of Taking entered on March 7, 2008. This Offer of Judgment is subjection to apportionment, if any. 1 Agenda Item No. 16K3 September 29,2009 Page 6 of 6 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. 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 ,2009. Dated this day of ,2009. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 - Telephone i (239) 252-6300 - Facsimile ! J1' ~ ROBERT N. ZACHARY ASSIST ANT COUNTY ATTORNEY Florida Bar No. 816604 ATTORNEY FOR PETITIONER CP:07-4784-CA;3241 ,- 2 .-..