Agenda 06/12/2012 Item #16A236/12/2012 Item 16.A.23.
EXECUTIVE SUMMARY
Recommendation to authorize a counteroffer of $2,500 to the business damage claim made
by Floridan Foods, LLC, for Parcels 157DE and 157TCE, in the lawsuit styled Collier
County v. L & R Ram, LLC, et al., Case No. 12 -CA -1828 (U.S. 41 Ditch/LASIP Project No.
51101) (Fiscal Impact $2,500).
OBJECTIVE: That the Board of County Commissioners authorize approval of a counteroffer
to the business damage claim relating to the taking of Parcels 157DE and 157TCE in the lawsuit
styled Collier County v. L & R Ram, LLC et. al, Case No. 12 -CA -1828 (U.S. 41 Ditch/LASIP
Project No. 51101).
CONSIDERATIONS: Collier County is seeking to condemn a 264 square -feet drainage
easement and a 2,041.7 square -feet, 24 -month temporary construction easement (Parcels 157DE
and 157TCE, respectively) from property owner L & R RAM, LLC. An order of taking hearing
has been set for September 28, 2012. If successful, the County will acquire the subject parcels
by condemnation on or about the hearing date. The owner of the business located on the
property is entitled to make a claim for business damages pursuant to Section 73.015(2), Florida
Statutes. The °business on the property is a convenience store known as the Green Store Food
Mart, located at the northwest corner of U.S. 41 East and Broward Street (near Lely High
School).
On April 16, 2012, the business owner, Floridan Foods, LLC (d/b /a The Green Stores Food Mart
#107), presented a claim for business damages in the amount of $364,550, representing alleged
damages resulting from a temporary construction easement (TCE), assuming a 36 -month term.
They have also presented an alternative amount of $72,909, based on a shortened, 6 -month TCE.
The concerns raised by the business owner are based on a purported reduction in on -site traffic
circulation and resultant loss in customer traffic. Pursuant to section 73.015(2)(d), Florida
Statutes, the County has 120 days, or by August 14, 2012, to make a business damage counter-
offer or the counter -offer is deemed to be zero (which would increase the County's exposure to
attorney's fees). The owner's claim was evaluated by County staff. Based on their evaluation,
staff recommended a counteroffer in the amount of $2,500, exclusive of attorney's fees, expert
fees and costs. If approved, the County will be responsible for the following costs:
Business damages awarded: $2,500
TOTAL $2,500
The issue of full compensation for the taking of the easements is still pending. Note that
business damages are statutorily authorized and not included in the definition of full
compensation, which is a constitutional right. Under this counteroffer, the County would agree
to minimize the term of its occupancy of the temporary easement area to the least amount of time
necessary to complete the pipe installation and the associated driveway restoration.
Packet Page -1337-
6/12/2012 Item 16.A.23.
FISCAL IMPACT: Funds in the amount of $2,500 are available in the Stormwater Capital
Improvements program. Source of funds is ad valorem taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a
majority vote for approval. -JW
RECOMMENDATION: That the Board of County Commissioners authorize the making of
a counteroffer to the business damage claim of Floridan Foods, LLC, as to Parcels 157DE /TCE
and authorize payment of the funds as stated.
PREPARED BY: Kevin Hendricks, Right -of -Way Acquisition Manager, Transportation
Engineering
ATTACHMENTS: Parcel sketches and location map
12 -CA -1828
2
Packet Page -1338-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.23.
6/12/2012 Item 16.A.23.
Item Summary: Recommendation to authorize a counteroffer of $2,500 to the business
damage claim made by Floridan Foods, LLC, for Parcels 157DE and 157TCE in the lawsuit styled
Collier County v. L & R Ram, LLC, et al., Case No. 12 -CA -1828 (U.S. 41 Ditch /LASIP Project No.
51101) (Fiscal Impact $2,500).
Meeting Date: 6/12/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
5/24/2012 9:08:25 AM
Approved By
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 5/24/2012 12:16:44 PM
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 5/29/2012 10:07:56 AM
Name: TaylorLisa
Title: Management /Budget Analyst,Transportation Administr
Date: 5/29/2012 10:42:08 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/30/2012 8:25:46 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 5/31/2012 4:02:16 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Packet Page -1339-
Date: 5/31/2012 6:55:14 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/1/2012 2:27:24 PM
Name: OchsLeo
Title: County Manager
Date: 6/4/2012 9:47:11 PM
Packet Page -1340-
6/12/2012 Item 16.A.23.
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6/12/2012 Item 16.A.23.
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e DRAINAGE EASEMENT (OE)
REVISED PARCEL NAME 2/21/11 RAK
LEGAL DESCRIPTION
PARCEL 1570E
A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA.
THE WESTERLY 11.00 FEET OF THE NORTHERLY 24.00 FEET OF LOT 8, BLOCK ONE, AS SHOWN ON THE PLAT OF
NAPLES MANOR LAKES. RECORDED IN PLAT BOOK 3, PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
CONTAINING 264.0 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TECM - ROW
a z, �i MAR 0 7 2011
MICHAEL A. WARD PROFESS10 SU VLYOR AND MAPPER LS
NOT IS N WITHOUT THE ORIGINAL SIGNATURE i< RAISED EMBOSSED SEAL OF A FLORIDA R DATE SIGNED
THIS 6 NOT A SURVEY. REGISTERED PROFESSION SURVEYOR AND MAPPER.
FNnrq 21, 2011 )� AY wliowlwFtmozoo , Y«rr 49sA AwV I� -�1 qlp, REVISED PARCEL NAM
(LAV) V2 bww, ww E 2/21/11 RAK
PROJECT: LASIP _ `- I °iqj°'"" ^'^ '*n1+ww AM o«.row�.11es Te In1la�xa.r
SKETCH AND LEGAL DESCRIPNR DITCH
PARCEL 157DE (DRAINAGE BASEMENT)
PREPARED FOR: COLLIER COUNTY
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1 29 SOS -w L 26E 1" DATE DRAWN BY FILE NAME
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6/12/2012 Item 16.A.23.
BLOCK 1
NAPLES MANOR LAKES
P.B. 3 PG. B6
OF LOT 8 /
/
,
LOTS 8 AND 9
\ PARCEL NO.
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P.O.B. /
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WESTERLY \
LOT LINE
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O.R. = OFFICIAL RECORDS BOOK °�° \. R =25,00'
PG. PAGE �l
P.B. PLAT BOOK sas G L =55'56'39"
A.K.A. . ALSO KNOWN AS
N0. NUMBER CB= N67'03'16"W \
=
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P.O.C. - POINT OF COMMENCEMENT \
P.O.B. - POINT OF BEGINNING \ �%
® - TEMPORARY CONSTRUCTION EASEMENT (TCE)
LEGAL DESCRIPTION
PARCEL 157TCE
A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA
COMMENCING AT THE NORTHWEST CORNER OF LOT S. BLOCK ONE. AS SHOWN ON THE PLAT OF NAPLES MANOR LAKES, RECORDED IN
PLAT BOOK 3, PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA THENCE ALONG THE WESTERLY LINE OF SAID LOT 8,
S39'04'56'E FOR 24.D0 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. THENCE LEAVING THE WESTERLY LINE
OF SOD LOT A N50'32E . FOR BEING FEET. THENCE S39'04'56'E FOR 191.80 FEET, TO A POINT ON THE NORTHERLY RIGHT —OF —WAY
LINE OF ET ALONG D STREET, ALSO BEING A POINT LYING ALONG THE ARC OF A NON — TANGENTIAL CIRCULAR CURVE TO THE RIGHT. THENCE
24.41 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 55. 56'39', HAVING A
CHORD BEARING OF N6T03'i6"W FOR A CHORD DISTANCE OF 23.45 FEET, TO A POINT OF TANGENCY, THENCE ALONG THE WESTERLY
LINE OF LOTS 8 AND 9 OF SOD NAPLES MANOR LAKES, N39'04'56'W FOR 171.02 FELT. TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED. CO ONING 2041.7 SQUARE FEET MORE OR LESS: SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TEDCM - ROW
MICHAEL A WARD PROFESSIONAL SURVEYOR AND MAPPER LS 5301 DA E SIGNED 1'1f1R O ����
NOT VAUD WITHOUT THE ORIGINAL SIGNATURE 6r RAiSED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSK)NAL SURVEYOR AND MAPPER,
THIS IS NOT A SURVEY.
1-61-W n, "11 IM AN 1n \taor \6pp2Tppp pp ",N yw ('�►)\ ' A.i REVISED LEGAL 2/21/11 RAK
'► Avw Ul .w Aw o.r.ryu —%IS2 T. 119\r6TTCT ncvI.A,T
PROJECT: LASIP - NAPLES MANOR DITCH
ING
SKETCH AND LEGAL DESCRIPTION
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PARCEL 157TCE (TEMPORARY CONSTRUCTION EASEMENT)
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PREPARED FOR: COLLIER COUNTY
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JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE
990220.02.00
DATE DRAWN BY LB)FILE NAME SHEET
1 29 SOS 26E 1" = 40'
1/24/11 R.A.K. I 157TCE REV1 1 of 1
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6/12/2012 Item 16.A.23.
Packet Page -1343-
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