Loading...
Agenda 05/11/2010 Item #16K 2 Agenda Item No. 16K2 May 11, 2010 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $850,000 for Parcel 121FEE in the lawsuit styled Collier County v. Pascal J. Murray, et. al., Case No. 07- 4784-CA (Santa Barbara Boulevard Extension Project #60091 (Fiscal Impact $285,800). OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for payment of full compensation including statutory interest, attorney fees, expert fees and costs for the taking of Parcel No. 121 FEE in the lawsuit styled Collicr County v. Pascal J. Murray, ct. al., Case No. 07-4784-CA (Santa Barbara Boulevard Extension Project #60091). CONSIDERATIONS: Collier County acquired by condemnation an entire 4.34 acre parcel described as ParcelI2IFEE, for construction ofa roadway, from property owners Pascal J. Murray, Darlene R. Murray, Anthony M. Murray, Jean Murray, John Rush and Gerry Geoghegan. A Stipulated Order of Taking was entered on March 7, 2008, and the County deposited the sum of $564,200 in the Court Registry. This acquisition was a total take of owners' land. The issue in this case is land value per acre. Owner claims a higher land value resulting in a value of full compensation of approximately $905,000 excluding attorney fees, expert fees and costs. The parties mediated the case on April 22, 2008 and the mediation was not successful. Subsequent to mediation, the County obtained an appraisal for trial by a second appraiser which produced a lower appraised value equaling $450.000, because thc second appraiser deemed the highest and best use to be of a lower density than the County's first appraiser. A trial is scheduled for Octoher, 2010. The most likely outcome at trial is that the jury would choose an average number between the County's estimate of value and the owner's estimate of value. A split using the County's deposit appraisal is $734,600. Between attorney fees and expert costs, the County will likely spend well in excess of $150.000 to try this case. Accordingly, it is staff's belief that it is fiscally prudent to settle this case at this time so that the owner will receive a higher amount and the expert fecs and costs can be minimized. It should be noted that if the County were unsuccessful at trial, between a potential jury verdict of $905,000, reflecting a higher land value for grcater density, together with the County having to pay both the owner's attorney fees, expert fecs and costs, as well as its own trial costs, total expenditures could be several hundreds of thousands in excess of the sum the County would be paying if this proposed settlement is approvcd. Also, the County is responsible for paying interest on the difference between the jury verdict and the amount of the Order of Taking deposit at the rate of judgment interest. The interest rates are 11%. J 1%, 8% and 6'Yo for 2007, 2008, 2009 and 2010. Interest alone could be over $100.000. Given the above, staff recommends settlement in the amount of $850,000, which includes total compensation, statutory interest, attorney fees, expert fees and costs. An approximate breakdown of this global settlement is $715,000 in compensation for Parcel 121FEE and $135,000 in attorney fees, expert fees and costs. Agenda Item No. 16K2 May 11, 2010 Page 2 of 8 Estimated attorney fees, expert fees & costs Additional compensation TOTAL $135,000 $150.800 $285,800 FISCAL IMPACT: Funds in the amount of $285,800 are available from gas taxes and impact fees. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action - HFAC RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Stipulated Final Judgment as to Parcel 121 FEE; and 2. Approve the expenditure of funds as stated PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney CI':07.4784\3374 Item Number: Item Summary: Meeting Date: Agenda Item No. 16K2 May 11, 2010 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K2 Recommendation to approve a Stipulated Final Judgment in the amount of $850,000 for Parcel 121FEE in the lawsuit styled Collier County v. Pascal J. Murray, e1. a!., Case No. 07-4784-CA (Santa Barbara Boulevard Extension Project #60091 (Fiscal Impact $285,800). 5/11/20109'0000 AM Date Prepared By Heidi F. Ashton County Attorney Section ChieffLand Use-Transportation County Attorney 4/29/20109:43:39 AM Usa Taylor Date Approved By Transportation Division Management/Budget Analyst Transportation Administration 4/29/201010:45AM Approved By Norm E, Feder, AICP Transportation Division Administrator ~ Transportation Date Transportation Administration 4/29/20101 :19 PM Date Approved By Kevin Hendricks Transportation Division Manager - Right of Way Transportation Engineering & Construction Management 4/29/20101:36 PM Najeh Ahmad Date Approved By Transportation Division Director. Transportation Engineering Transportation Engineering & Construction Management 4/29/20103:13 PM Date Approved By Jeff Klatzkow County Attorney 4/29/20104:35 PM Date A pproved By OMB Coordinator County Manager's Office Office of Management & Budget 4/30/20104:29 PM Date Approved By Susan Usher Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 5/3/20106:32 PM Date Approved By Leo E. Ochs, Jr, County Managers Office County Manager County Managers Office 514/201011:56 AM Agenda Item No. 16K2 May11,2010 Page 4 of 8 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 07-4784-CA v. PASCAL J. MURRAY, et al., Parcel: 121FEE Defendants. STIPULA TED FINAL JUDGMENT CONCERNING PARCEL 121FEE THIS CAUSE came to be considered pursuant to the attached Joint Motion to Enter Stipulated Final Judgment Concerning Parcel 121FEE, filed by Petitioner Collier County (the "County") and Respondents, Pascal J. Murray, Darlene R. Murray, Anthony M. Murray, Jean Murray, John Rush, and Gerry Geoghegarl ("Respondents"). Upon reviewing the motion and the file, and being otherwise Fully advised in the premises. it is 1. ORDERED AND ADJUDGED that the parties have reached a settlement of disputed elaims, and their attached Joint Motion to Enter Stipulated Final Judgment Concerning Parcel 121FEE is hereby GRANTED, it is further 2. ORDERED AND ADJUDGED that on or about December 3, 2007, the County filed its petition for the purpose of acquiring Parcel 121 FEE through eminent domain action. In accordance with the Court's March 7. 2008 Order of Taking Concerning Parcel 121FEE, the County timely deposited $564,200.00 in the court registry concerning Parcel12lFEE on or about March 20, 2008, it is further 3. ORDERED AND ADJUDGED that the County shall pay Respondents the total sum of $850,000.00 for Parcel 121FEE. Within 30 days from the date of receipt of this judgment, the County shall pay the additional amount of $285,800.00 to the Trust Account of Page 1 of 4 Agenda Item No. 16K2 May 11, 2010 Page 5 of 8 Gray Robinson, P.A., 50 N. Laura Street, Suite 1100, Jacksonville, Florida 32202, for disbursement in accordance with the terms of this order. The County is entitled to receive credit in the amount of $564,200.00, which is the good faith estimate of value previously deposited in the court registry, it is further 4. ORDERED AND ADmDGED that upon payment of the $285,800.00, the County shall be deemed to have fully and completely satisfied any and all pending claims in this case concerning Parcel 121 FEE, including but not limited to the order of taking, full compensation, land and improvements taken, severance damages, cost to cure, business and special damages, any other type of damages recoverahle in eminent domain, interest, the value of any liens, leases, encumbrances, options, or contracts, all pending motions, and apportionment claims, as well as any and all compensable legal expenses, including reasonable attorneys' fees and costs and expert fees and costs concerning any and all monetary and/or non-monetary benefits, it is further. 5. ORDERED AND ADJUDGED that title to Parcel 121FEE, as described in Exhibit "I" attached hereto, which vested in Petitioner, Collier County, Florida, pursuant to the Order of Taking dated March 7, 2008, and the deposit of money heretofore made, are approved, ratified, and confirmed, it is further 6. ORDERED AND ADmDGED that the Notice of Lis Pendens filed in the above- styled cause and recorded in Official Record Book 4308, Page 1793 of the Public Records of Collier County, Florida shall be dismissed as to ParceI12IFEE, it is further 7. ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida, it is further 8. ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the taking of Parcel 121 FEE and that have or could have been asserted in this cause. Page 2 of 4 -Agenda Item No 16K2 May 11, 2010 Page 6 of 8 in Naples, ColliI;\' COuntY. Florida DONE AND ORDlCRED, this _ day of , 2010, in oh!lIl1bers' Vinca Mutphy, A~ng CireuiLJudgo Conformed Copies to: VivillIl Arenas. Battles, Elsquire, Co=1 for Collier County Heidi Ashtou-CicE;.o. As:;;stant Co1lll1.y Attorney MenelllOS PapaJas, &qniro, Co-ColmSeI fo:r Respondents Bella Y. Parel, ESqu~, Co-Counsetlbr Responden\$ JOINT MonONroEN1:ER~TEi) FINAL Jll'DGME'NT CONCEroqN'q:l'.ui<;& 12lFEE Petition.. C"lliet CauIlty. l'lorida and R.espondents, l'aSC'!l J. Murray, Darlene R. Mwray, Anthony M. M1.l!rnY, J"8U Murray, John Rush., and Genr Geog~ by and througb tile!r undersiguC(\ _mays. herl'by stipulate 1;>, and mov<; ilie Court to euI<l(, the foregoing Stipulated Final Judgtnenr Concerning l'arcel12JFBE. v;;;;m A=as, FEN 6Q6261 de I. l'ar!.C & Gi'lbert, fA Post Offic", Box 235() Tampa. Florida 33601 2350 Telephone: (813) 2292715 COUNSEL FOR COLLIER COUNTY Date Heidi Ashum-C;cko, Esquire k-;rista:nl County A110rney 3301 EastTamimni Truil Naples, FL 341!2 Telephone: (239) 252-8400 . COUNSEL FOR COLLIER COUNTY Date ~~ M"'lclaos Pap,uas, Esquire Aaron J. Silberman, Esqul.re Q:ayRobinson.l'.A 50N. LauraStrect, Suile llOO Jacksonville. FL 32202 T e[<:phone, (904,) 598-9929 COlJNSflL POR MURRAY, et ai., c-( k 11 I.> Da1e(' ~crQHh'- PtLtj J>ella 'i. Patel, ESqui~ ~1ia Y.l'atel, P.A 13026 Waterford Run Drive Riverview, Ft 33569 Telephone, (813) 64$-2762 COUNSEL FOR MURRAY, ctal., '1: i ~?I __ ',,,,'ill ?I\\~ Date I Page 3 of 4 Agenda Item No. 16K2 May 11, 2010 Page 7 of 8 CERTIF1CATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Stipulated Final Judgment as to 2010: Parcel 121FEE was served on the following persons in the manner described below, on this_ day of Bv U.S. Mail: Menelaos Papalas, Esquire Aaron J. Silberman, Esquire GrayRobinson, P.A. 50 N. Laura Street, Suite 1100 Jacksonville, FL 32202 Co-Counsel for Respondents, Pascal J. Murray, Darlene R. Murray, Anthony M. Murray, Jean Murray, John Rush, and Gerry Geoghegan (ParceI121FEE) 206258v2 Bv U.S. Mail: Bella Y. Patel, Esquire Bella Y. Patel, RA. 13026 Waterford Run Drive Riverview, FL 33569 Co-Counsel for Respondents, Pascal 1. Murray, Darlene R. Murray, Anthony M. Murray, Jean Murray, John Rush, and Gerry Geoghegan (Parcel 121FEE) Vivian Arenas-Battles Page 4 of 4 AQc.nrl;J Itpm f\ln 1 GK? May 11, 2010 Page 8 of 8 T , ( _______ ______--1..___ PROJ~CTNO. PARCEl, NO. FOLIO NO. --~ FEE SIMPLE INTEREST 6Q09t 121 FEE 00407200005 LEGAL DESCRIPTION & SKETCH - (NOT A SURVEY) ,,' - ExHl,aIT A ....-'tE.aCIL A PORTION. OFSEcTION' 9, TOWNSH!P~ SO SOUTH, RANGE 26 EAST, MORf;'PAFlTICLiLARL Y DEsCRIBED AS FOLLOws: 11-\E; SOlll'H ONE HALF (112) '6p TI-iE NORTHWEST ONE QUARTER (4) of THE SOIJTKWEST ONE QUARTER (1/4) OF THE SOUTliWEsT ONE QUARTER (1/4) OF SAID SECTiON 9, LESS THE SOlITHERly SO FEE'!" AND THE: F-ASTE:RLY 30.ffEr THEREOF. COj\f]'AININc; 4.34 ACR"s MORE OR LESS, -~-----:------- :--1--: " I l :-!. -1'. , , , ----~-----.-.---- -.i- ---,...------- .--..-- r- -.--------... ---_._;-~__ --~---h._ ___. I ! : i Iii ' ~-=t~=J'-"". "I~j oo;7~M)"J roSC4(E --....---------------------...... ;-~'';'<.:u:''ClII"Ib,G-.,...'IIntM~~'.L'~nl.lr~W1l!l''''''"lrll..1! E)(HISIT j ...1-