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Agenda 12/13/2011 Item #16K 312/13/2011 Item 16.K.3. EXECUTIVE SUMMARY W Authorize the making of an Offer of Judgment to Respondent, Katheryn Moreno, for Parcel No. 140RDUE in the amount of $7,000 in the lawsuit styled Collier County v. Katheryn Moreno, et al., Case No. 10- 2741 -CA (Collier Boulevard Project No. 68056) (Fiscal Impact $1,200). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to property owner, Katheryn Moreno, in the amount of $7,000, as full compensation, excepting attorney's fees and costs, for condemnation of Parcel No. 140RDUE in Collier County v. Katheryn Moreno, et al., Case No. 10- 2741 -CA, Collier Boulevard Project No. 68056. CONSIDERATIONS: Collier County has condemned a .034 Acres Road Right -of -way and Utility Easement from the property owner, Katheryn Moreno. The County's initial appraisal dated February 25, 2008, valued the taking at $9,000. The County offered the owner $9,000 as the County's statutory offer on November 20, 2008. The offer was not accepted. A second appraisal dated August 20, 2010, reflects a reduction in value of the Parcel to $5,800. An Order of Taking hearing was held on October 19, 2010, and the County deposited the sum of $5,800 in the Court Registry. The County Attorney's Office and staff would like to make an Offer of Judgment in the amount of $7,000 as full compensation for Parcel 140RDUE, 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 $1,200, 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 $7,000 for Parcel 140RDUE, 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 ". FISCAL IMPACT: Funds in the amount of $1,200 are available from impact fees. Source of funds are Impact Fees. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a majority vote for approval. —JW GROWTH MANAGEMENT IMPACT: None. Packet Page -3698- 12/13/2011 Item 16.K.3. 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: Jeff E. Wright, Assistant County Attorney 10 -2741 CA /2431 2 Packet Page -3699- 12/13/2011 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, Katheryn Moreno, for Parcel No. 140RDUE in the amount of $7,000 in the lawsuit styled Collier County v. Katheryn Moreno, et al., Case No. 10- 2741 -CA (Collier Boulevard Project No. 68056) (Fiscal Impact $1,200). Meeting Date: 12/13/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 11/7/20114:34:59 PM Approved By Name: HendricksKevin Title: Manager - Right of Way,Transportation Engineering Date: 11/8/2011 8:49:24 AM Name: PutaansuuGary Title: Project Manager, Principal,Transportation Engineer Date: 11/8/2011 10:30:34 AM Name: TaylorLisa Title: Management/Budget Analyst ,Transportation Administr Date: 11/17/2011 7:37:06 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 11/17/2011 10:16:08 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 11 /21/2011 1:44:02 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Packet Page -3700- Date: 11/23/20112:08:43 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/23/20112:40:50 PM 12/13/2011 Item 16.K.3. Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 11/23/2011 3:25:23 PM Packet Page -3701- 12/13/2011 Item 16.K.3. 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, M1 KATHERYN MORENO, et al., Respondents. TO: Kather�yn Moreno 999 28t Ave. N Naples, FL 34103 Case No.: 10- 2741 -CA Parcel Nos.: 140RDUE OFFER OF JUDGMENT 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 Respondents, KATHERYN MORENO, ( "Respondent "), in settlement of all Claims concerning Parcel Number 140RDUE, 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 140RDUE for the sum of $7,000.00, which includes the amount of $5,800 deposited pursuant to the Order of Taking dated October 19, 2010. 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 date of the Order of Taking but does not include attorney's fees and costs. EXHIBIT , Packet Page -3702- 12/13/2011 Item 16.K.3. 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. 10 -2741 ca/2432 OFFICE OF THE COUNTY ATTORNEY Harmon 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 ATTORNEY FOR PETITIONFn Packet Page -3703-