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Agenda 01/12/2010 Item #16K 1 Agenda Item No. 16K1 January 12, 2010 Page 1 of 5 - EXECUTIVE SUMMARY Authorize the making of an Offer of Judgment to Respondents, John and Angela Rippons, for Parcels No. 121 and 721 in the amount of $55,800 in the lawsuit styled Collier County v. Rafael Liy, et al., Case No. 05-0752-CA (Collier Boulevard (951) Project 65061) (Fiscal Impact -0-). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat" to property owners, John and Angela Rippons, in the amount of $55,800, as full compensation, excepting attorney's fees and expert fees and costs, for condemnation of Parcels 121 and 721 in Collier County v. Rafael Liy, et. ai" Case No, 05-0752- CA, Collier Boulevard (951) Project 65061. /"- CONSIDERATIONS: Collier County has condemned a 0,0861 acre parcel for fee simple (PareelI21) and 0.0086 acre parcel for a temporary construction easement (Parcel 721) from the property owners, John and Angela Rippons. The area of the taking is improved with site clearing/fill and grade, portions of the concrete drive and gravel parking area, concrete parking bumpers, one model home sign, lights for sign, small earth berm, wood cross ties, portions of the irrigation system, landscaping and sod. The parent tract is improved with a model home. The County's initial appraisal dated January 21, 2005 valued the taking at $48,900 for Parcel 121 and Pareel721. The County offered the owners $50,440 for both Parcels as the County's statutory offer on January 27, 2005, The offer was not accepted. An updated appraisal was done on August 23, 2005, which valued the taking at $55,800 for the Parcels. An Order of Taking hearing was held on September 7, 2005, and the County deposited the sum of $55,800 in the Court Registry. The County Attorney's Office and staff would like to make an Offer of Judgment in the amount of $55,800 as full compensation for Parcels 121 and 721, less attorney's fees, expert fees and eosts, whieh will expire in 30 days unless extended by the County or accepted, If the property owners aceept the offer, no additional funds will be required to pay the property owners by Stipulated Final Judgment of the court. If the property owners reject the offer and fail to recover more than $55,800 for Parcels 121 and 721, 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. Although the offer does not include attorney's fees, if the property owners aecept the offer, the County would be responsible for attorney's fees pursuant to Section 73.092, Fla, Stat" and the owners' expert fees and costs. 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. FISCAL IMPACT: There is currently no fiscal impact associated with this item. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ ,-- . - _._,.,~. ...... - -. __,..~ .<.m'" "'''0" "... q...,,,,,."_' " '-'--"""~"--"~- - ,.,.-.,.-- Agenda Item No. 16K1 January 12, 2010 Page 2 of 5 Executive Summary Page Two GROWTH MANAGEMENT IMPACT: None, RECOMMENDA nON: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on the property owner; 2. Authorize the expenditure of funds as stated, if the offer is accepted. Prepared by: Robert N, Zachary, Assistant County Attorney 05,752CAI493 .....~- 2 .. __ ______._..n_"~___. _ d,'" ," ",,".,.,_,,_.,,_~ _ u '_",^__",,<<',"'_"'_ Agenda Item No. 16K1 January 12, 2010 Page 3 of5 - COLLIER COUNTY BOARD OF eOUNTY eOMMISSIONERS Item Number: Item Summary: 16K1 Meeting Date: Authorize the making of an Offer of Judgment to Respondents, John and Angela Rippons, for Parcels No, 121 and 721 in the amount of $55,800 in the iawsuit styled Collier County v. Rafael Uy, et al., Case No. 05-0752-CA (Collier Boulevard (951) Project 65061) (Fiscal Impact -0,), 1/12/20109:0000 AM Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 12/15/20099:17:57 AM A pproved By Norm E. Feder, AICP Administrator ~ Transportation Date Transportation Division Transportation Administration 12/15/20093:16 PM Approved By Najeh Ahmad Director - Transportation Engineering Date Transportation Engineering & 12/16/20099:56 AM Transportation Division Construction Management Approved By .- Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 12117/200910:10 AM Approved By Kevin Hendricks Manager - Right of Way Date Transportation Division Transportation Engineering & 12/18/20091:20 PM Construction Management A pproved By Therese Stanley Manager. Operations Support ~ Trans Date Transportation Division Transportation Administration 12/22/20094:18 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Division Transportation Administration 12/29/200911:26 AM Approved By Jeff Klatzkow County Attorney Date 12/29120093:06 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Office of Management & Budget -, Budget 12/30/2009 2:44 PM _<......4~ _~_o_.~ Agenda Item No, 16K1 January 12, 2010 Page 4 of 5 IN THE CIRCillT COURT OF THE TWENTIETH JUDICIAL CIRCillT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 05-752-CA v. RAFAEL LIY, et aI., Parcels: 121,721 Respondents, / OFFER OF JUDGMENT TO: John Rippons & Angela Rippons c/o Mark A. Boyle, Esq. FINK & BOYLE, P.A. 2050 McGregor Blvd. Ft. Myers, FL 33901 Petitioner, COLLIER COUNTY, 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 (951) Project Number 6506lto the Respondents, JOHN and ANGELA RIPPONS ("Respondents"), in settlement of all Claims concerning Parcel Numbers 121 and 71, for all eompensation, including severance damages, business damages, costs to cure, together with the value of the taking, statutory interest and any other claims of Respondent(s) arising out of the taking of Parcels 121 and 721 for the sum of $55,800.00, subjeet to appropriation, if any, which includes the amount of $55,800.00 deposited pursuant to the Order of Taking dated September 7, 2005. 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. 1 Agenda Item No. 16K1 January 12, 2010 Page 5 of 5 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 sueh a request. This Offer of Judgment was approved by the Board of County Commissioners on the day of January ,2010, Dated this day of January ,2010. OFFICE OF THE COUNTY ATTORNEY Hannon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile - BY: ~:z." ROBERTN. ZACHARY ASSISTANT COUNTY ATTORNEY Florida Bar No. 816604 ATTORNEY FOR PETITIONER OS,7S2-cN492 ~,_. 2 ,.-.-.-, ,-, ~"",_._. - . m_____.___' ,