Agenda 05/10/2011 Item #16K2
5/10/2011 Item 16.K.2.
EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondent, National City Mortgage
Company, for Parcel No.'s 162FEE and 162TCE in the amount of $14,500 in the lawsuit
styled Collier County v. Tania Cantin, Sr., et al., Case No. 10-2646-CA (Collier Boulevard
Project No. 68056) (Fiscal Impact $2,400).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Slat., to property owner, National City Mortgage Company, in the amount
of$]4,500, as full compensation, excepting attorney's fees and costs, for condemnation of Parcel
No.'s 162FEE and I 62TCE in Collier County 1'. Tania Cantin., et al.. Case No. ]0-2646-CA,
Collier Boulevard Project No. 68056.
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CONSIDERATIONS: Collier County has condemned 0.121 acres fee simple (Parcel 162FEE)
and 0.017 acres for a proposed 36 month temporary construction easement (Parcel 162TCE)
from the property owner, National City Mortgage Co. The County's initial appraisal dated
February 4, 2008, valued the taking at $13,300 for Parcel 162FEE and $600 for Parcel 162TCE.
The County offered the former owner $24,400 for Parcels I 62FEE and I 62TCE as the County's
statutory offer on June 13, 2008. The offer was not accepted. On July 7, 20 I 0, National City
Mortgage Company acquired the property through foreclosure. A second appraisal dated August
13,2010, reflects a reduction in value of Parcels I 62FEE at $11,900 and I 62TCE at $200. An
Order of Taking hearing was held on October 7, 20 I 0, and the County deposited the sum of
$12,100 in the Court Registry.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $14,500 as full compensation for Parcels 162FEE and 162TCE, less 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 $2,400, 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 $14,500 for Parcels I 62FEE and 162TCE,
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. The Offer of
Judgment is attached hereto as Exhibit "A".
Staff recommends making this Offer of Judgment. If approved. the County will be responsible
for the following costs:
Additional compensation:
$2.400
TOTAL
$2,400
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5/10/2011 Item 16.K.2.
A Stipulated Final Judgment will be prepared reflecting the settlement. Expert fees and costs
will be negotiated at a later date.
FISCAL IMP ACT: Funds in the amount of $2,400 are available from impact fees. Source of
funds are Impact Fees.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney's Office
and is ready for Board action. Approval ofthis item requires a majority vote. -JW
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
I. Approve the terms of the Offer of Judgment and authorize its service on the property
owner;
2. Approve the expenditure offunds as stated, if the otfcr is accepted.
Prepared by: JeffE. Wright, Assistant County Attorney
10-2646CA/3935
2
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5/10/2011 Item 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2.
Item Summary: Authorize the making of an Offer of Judgment to Respondent, National
City Mortgage Company, for Parcel No.'s 162FEE and 162TCE in the amount of $14,500 in the
lawsuit styled Collier County v. Tania Cantin, Sr., et aI., Case No, 1O-2646-CA (Collier Boulevard
Project No. 68056) (Fiscal Impact $2,400).
Meeting Date: 5/10/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary. County Attorney
4/21/2011 I] :42:44 AM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transponation Engineering
Date: 4/21/2011 12:16:25 PM
Name: AhmadJay
Title: Director - Transponation Engineering,Transportation Engineering & Construction Management
Date: 4/27/2011 10:52:35 AM
Name: TaylorLisa
Title: Management/Budget Analyst,TranspoJ1ation Administr
Date: 4/27/201 i 4: 13:07 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 4/27/20114:31 :00 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 4/27/20114:56:22 PM
Name: KlatzkowJeff
Title: County Attorney.
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5/10/2011 Item 16.K.2.
Date: 4/28/2011 11 :57:07 AM
Name: UsherSusan
Title: ManagementIBudget Analyst, Senior,Office of Manage
Date: 5/2/2011 4:09:39 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs.CMO
Date: 5/2/2011 5:42:39 PM
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5/10/2011 Item 16.K.2.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, apolitical
subdivision of the State of Florida,
Petitioner,
Case No.: 10-2646-CA
v.
TANIA CANTIN, et aI.,
Parcel Nos.: 162FEE,162TCE
Respondents.
I
OFFER OF .JUDGMENT
TO: PNC Bank, National Association
flk/a National City Bank Successor
by merger National City Mortgage Co.
3232 Newmark Drive
Miamisburg,OH 45342
Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida
Statutes, and Fla. R. Civ. P. 1442, does hereby make this binding offer of judgment in the
Collier Boulevard Project Number 68056, to the Respondent, NATIONAL CITY MORTGAGE
CO. ("Respondent"). in settlement of all Claims concerning Parcel Numbers 162FEE and
162TCE, 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 Parcels 162FEE and I 62TCE for the sum of$14,500, which includes
the amount of $12, I 00 deposited pursuant to the Order of Taking dated October 7, 20] O. This
Offer of Judgment is subjection to apportionment, if any.
There are no non-monetary terms or other relevant conditions to this offer except that this
offer does include interest from the datc of the Order of Taking but does not include attorney's
fees and costs.
1
i
EXHIBIT
A
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5/10/2011 Item 16.K.2.
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
, 2011.
Dated this _ day of
,2011.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3299 East Tamiami Trail-Sle. 800
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
BY: ~
JEFF E. WRlGHt)
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 20203
ATTORNEY FOR PETITIONER
IO-2646CN3936
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