Agenda 05/10/2011 Item #16K3
5/10/2011 Item 16.K.3.
EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondent, Annette Pocchi, for Parcel
No.'s 105FEE and 105TCE in the amount of $25,000 in the lawsuit styled Collier County v.
Annette Pochhi, et aI., Case No. 10-2682-CA (Collier Boulevard Project No. 68056) (Fiscal
Impact $4,200).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to property owner, Annette Pocchi, in the amount of $25.000, as full
compensation, excepting attorney's fees and costs, for condemnation of Parcel No.'s 105FEE
and 105TCE in Collier County Y. Annette Pocchi., et aI., Case No. 10-2682-CA, Collier
Boulevard Project No. 68056.
CONSIDERATIONS: Collier County condemned 0.133 acres fee simple (Parcel 105FEE)
and 0.019 acres proposed 36 month temporary construction easement (Parcel 105TCE) from the
property owner, Annette Pocchi. The County's initial appraisal dated February 25 2008, valued
the taking at $31,000 for Parcel 105FEE and $600 for Parcel 105TCE. The County offered the
owner $31,600 for Parcels 105FEE and 105TCE as the County's statutory offer on June 19,
2008. The offer was not accepted. A second appraisal dated August 20, 2010, reflects a
reduction in value of Parcels 105FEE at $20,600 and 105TCE at $200. An Order of Taking
hearing was held on October 7. 20 I 0, and the County deposited the sum of $20,800 in the Court
Registry.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $25,000 as full compensation for Parcels 105FEE and 105TCE, 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 $4,200, 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 $25,000 for Parcels 105FEE and 105TCE,
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 tern1S of the Offer of Judgment to be reasonable. The Offer of
Judgment is attached hereto as Exhibit ".'1.".
Staff recommends making this Offer of Judgment. If approved, the County will be responsible
for the following costs:
Additional compensation:
$4,200
TOTAL
$4,200
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5/10/2011 Item 16.K.3.
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 $4,200 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. This item requires a majority vote. -JW
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
]. 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 offer is accepted.
Prepared by: JeffE. Wright, Assistant County Attorney
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5/10/2011 Item 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3.
Item Summary: Authorize the making of an Offer of Judgment to Respondent, Annette
Pocchi, for Parcel No.'s 105FEE and 105TCE in the amount of $25,000 in the lawsuit styled
Collier County v. Annette Pocchi, et al., Case No. 10-2682-CA (Collier Boulevard Project No.
68056) (Fiscal Impact $4,200).
Meeting Date: 5/10/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary.County Attorney
4/21/2011 2:28:07 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering
Date: 4/21/20] 1 4:35:34 PM
Name: Ahmad Jay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 4/27/2011 10:52:44 AM
Name: TaylorLisa
Title: ManagementlBudget Analyst,Transp011ation Administr
Date: 4/27/20114:14:27 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 4/27/2011 4:32:54 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 4/27/20114:56:41 PM
Name: KlatzkowJeff
Title: County Attorney,
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5/10/2011 Item 16.K.3.
Date: 4/28/20] 1 ]] :56:35 AM
Name: UsherSusan
Title: ManagementIBudget Analyst Senior,Office of Manage
Date: 5/2/20114:19:56 PM
Name: ]sacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 5/2/201] 5:44:46 PM
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5/10/2011 Item 16.K.3.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORlDA, a political
subdivision of the State of Florida,
Petitioner,
CASE NO. 10-2682-CA
v.
Parcels: 105FEE, 105TCE
ANNETTE POCCHI, et. al.
Respondents.
/
OFFER OF JUDGMENT
TO: Annette Pocchi
c/o Frederick S. Werdine, Esquire
Fowler, White, Boggs, Bankcr, P.A.
501 East Kennedy Boulevard- Suite 1700
Tampa, Florida 33602-5239
Telephone: (813) 228-4711
Facsimile: (813) 229-8313
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
Collier Boulevard Project Number 68056, to the Respondent, ANNETTE POCCHl.
("Respondent"), in settlement of all Claims concerning Parcel Numbers 105FEE and 105TCE,
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 105FEE and 105TCE for the sum of $25,000, which includes the amount of
$20,800 deposited pursuant to the Order of Taking dated October 7, 2010.
This Offer of
Judgment is subjection to apportionment, if any.
EXHIBIT
IA
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5/10/2011 Item 16.K.3.
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 Oner 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
Hannon Turner Building
3299 East Tamiami Trail-Ste. 800
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
BY:
~
JEFF E. WRIGHT
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 20203
A TTORNEY FOR PETITIONER
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