Loading...
Agenda 06/14/2016 Item #16K 2 6/14/2016 16.K.2. EXECUTIVE SUMMARY Recommendation to reject an Offer of Judgment in the amount of $121,000, inclusive of attorney's fees and expert fees, for the taking of Parcel 141RDUE required for the widening of Golden Gate Boulevard,Project No. 60040. OBJECTIVE: To reject an Offer of Judgment for full compensation for the taking of Parcel 141RDUE. CONSIDERATIONS: Parcel 141RDUE was required by the County for the widening of Golden Gate Boulevard from Wilson Boulevard to 20th Street East. On November 19, 2014, the Board approved a Purchase Agreement in the amount of$96,300 for the voluntary acquisition of Parcel 141RDUE which was achieved through negotiations between the County's right-of-way acquisition staff and the property owners. However, the Purchase Agreement was conditioned upon achieving a subordination of the mortgage from the lender in order to close on the property and fulfill the terms of the agreement. The lender would not subordinate their interest in the property and, therefore, the County was required to condemn the property via eminent domain to meet its deadlines for construction. On July 9, 2015, the County condemned Parcel 141RDUE in the case styled Collier County v, Benjamin Sanchez, et al., Case No. 15-CA-249, and subsequently deposited $75,700 into the Court Registry as a good faith estimate of value based on a valid appraisal. While the County already has an agreement with the property owners, the property owners chose to hire counsel to handle the condemnation lawsuit and the lender's apportionment claim. Under the eminent domain statutes, the County is obligated to pay reasonable attorney's fees and expert fees. On May 17, 2016, the County received an Offer of Judgment inclusive of all attorney's fees and expert fees of$121,000 for the taking of Parcel 141RDUE. The County Attorney's Office and staff are recommending rejection of the Offer of Judgment, since the offer is $24,700 over the amount of the agreement and seeks to compensate the owners beyond the addition of reasonable attorney's fees and experts' fees. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed as to form and legality and requires a majority vote for Board approval.—ERP RECOMMENDATION: To reject an Offer of Judgment in the amount of$121,000, inclusive of attorney's fees and expert fees, for the taking of Parcel 141RDUE required for the widening of Golden Gate Boulevard, Project No. 60040. Prepared By: Emily R. Pepin, Assistant County Attorney Attachment: Offer of Judgment [15-CA-249/1259730/1] Packet Page -2255- 6/14/2016 16.K.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.2. Item Summary: Recommendation to reject an Offer of Judgment in the amount of $121,000, inclusive of attorney's fees and expert fees, for the taking of Parcel 141RDUE required for the widening of Golden Gate Boulevard, Project No. 60040. Meeting Date: 6/14/2016 Prepared By Name: AllenDebbie Title: Legal Office Administrator, CAO Office Administration 6/6/2016 11:24:17 AM Submitted by Title: Assistant County Attorney, CAO Litigation Name: PepinEmily 6/6/2016 11:24:18 AM Approved By Name: HendricksKevin Title:Manager-Right of Way,Transportation Engineering&Construction Management Date: 6/6/2016 1:39:29 PM Name: AhmadJay Title: Division Director-Transportation Eng,Transportation Engineering&Construction Management Date: 6/7/2016 8:08:22 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 6/7/2016 8:59:10 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 6/7/2016 9:01:21 AM Packet Page -2256- 6/14/2016 16.K.2. Name: KlatzkowJeff Title: County Attorney, Date: 6/7/2016 11:09:11 AM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget Date: 6/7/2016 11:19:17 AM Name: CasalanguidaNick Title:Deputy County Manager, County Managers Office Date: 6/7/2016 11:58:38 AM Packet Page -2257- 6/14/2016 16.K.2. AERIAL PHOTO OF SANCHEZ PROPERTY SHOWING EXIST. & PROP. ROW ate aai r�1 n —, ' ti ' ,'rpt a.1.1,i ,,„10:01„,,,,71':14-t,,..,,, +�, �" , 4 u M° 41:, d �`'��,fir BLVD, j',.`-- P 3n F i fir °�' wd i�`4T 'sT"4 °i .: N i11,,,_ 0. ,r.,,',,t'' - ',q v -,,J,s `7t;,°:,-$r- a,tiw „ r6.., :£i U An § ?•P i. ri., .,w';'t4 s7. ins r, ��'+s�p +a, 'ba.` � ��' �"� _� '�"i �., 4 RO ',',1'44,,,,T,74;.( 1 n �r 50 F.EE�"��tea ` �; � fii'� Y 'Yu b ( tri t . 45 FEET �F ��` L� ,Ll..i.^a ��� X54; � �, pv � � d 'S i:- r. Sry9 -'x � �. , a "•t. Packet Page -2258- 6/14/2016 16.K.2. 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 Case No. 15-CA-249 v. Parcel No.: 141RDUE BENJAMIN SANCHEZ, et al., Respondents / RESPONDENTS' OFFER OF JUDGMENT Respondents, BENJAMIN SANCHEZ AND .IRIS SANCHEZ, by and through their undersigned counsel and pursuant to Section 73.032, Florida Statutes, and the procedures set forth in Fla.R.Civ.P. 1.442, hereby makes the following Offer of Judgment to Petitioner, COLLIER COUNTY, FLORIDA, to settle all pending claims with that party, including all attorney's fees, expert witness fees and costs in the amount of ONE HUNDRED TWENTY-ONE THOUSAND AND 00/100 Dollars ($121,000.00) as to Parcel 141RDUE. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 17, 2016, I served via email this document to the following recipients: EMILY R. PEPIN Ditech Financial LLC f/k/a Collier County Attorney's Office Green Tree Servicing, LLC 3299 East Tamiami Trail, Suite 800 do Lindsay Alvarez, Esq. Naples, Florida 34112 Kass Shuler, P.A. emilypepin@colliergov.net P.O. Box 800 kathynellcrotteau@colliergov.net Tampa, FL 33601 nancybradley ,colliergov.net eservicelienmonitor@kasslaw.com Packet Page-2259- 6/14/2016 16.K.2. ROETZEL &ANDRESS, LPA 2320 First Street, Suite 1000 Fort Myers, FL 33901 Main Telephone: (239) 337-3850 Facsimile: (239) 37-0970 k'ones ciiralaw.co 4 (primary e-mail) serve.k'ones c w.com(secondary e-mail) By: II Kenneth ;J. Jones Florida B No. 200158 10501510_1 133814.0001 Packet Page -2260-