Agenda 05/11/2010 Item #16K 3Agenda Item No. 16K3
May11,2010
Page 1 of9
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $850,000 for
Parcels 122FEE and 123FEE in the lawsuit styled Collier County v. Pa,~ca/ J. Murray, et. a/.,
Case No. 07-4784-CA (Santa Barbara Boulevard Extension Project #60091 (Fiscal Impact
$227,600).
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 Nos. 122FEE and 123FEE in the lawsuit styled Collier County v. Pascal J.
Murray, et. al., Case No. 07-4784-CA (Santa Barbara Boulevard Extension Project #6009]).
CONSIDERATIONS: Collier County acquired by condemnation an entire 4.65 acre parcel and
.23 acre parcel described as Parcel Nos. 122FEE and 123FEE, for construction of a roadway, from
property owners Chris Rasmussen and Martha Rasmussen. A Stipulated Order of Taking was
entered on March 7, 2008, and the County deposited the sum of $622,400 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
$1,025,000 excluding attorney fees, expert fees and costs. Note that two earlier reports obtained by
the County valued Parcel 123 at $829,600 on March 23, 2006 and valued Parcels 122 and 123 at
$780,000 on November 27,2006.
The parties mediated the case on April 16, 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 $452,000, because the 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 July, 20 I O. 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 $823,700. Between attorney fees and expert costs, the
County will likely spend well in excess of $ I 50,000 to try this case. Accordingly, it is staffs belief
that it is fiscally prudent to settle this case at this time so that the owners will receive a higher
amount and the expert fees and costs can be minimized.
It should be noted that if the County were unsuccessful at trial, between a potential jury verdict of
$1,025,000, reflecting a higher land value for greater density, together with the County having to
pay both the owners' attorney fees, expert fees 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 approved. 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 I I %, I] %, 8% and 6% for 2007, 2008, 2009 and 20lO.
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 Parcels 122FEE and 123FEE and $135,000
in attorney fees, expert fees and costs.
Agenda Item No. 16K3
May 11, 2010
Page 2 of9
Estimated attorney fees, expert fees & costs
Additional compensation
TOTAL
$135,000
$ 92.600
$227,600
FISCAL IMPACT: Funds in the amount of $227,600 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:
I. Approve the Stipulated Final Judgment as to Parcels 122FEE and 123FEE; and
2. Approve the expenditure offunds as stated
PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney
CP:07-47H4'3376
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K3
May 11, 2010
Page 3 of g
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K3
Recommendation to approve a Stipulated Final Judgment in the amount of $850,000 for Parcels
122FEE and 123FEE in the lawsuit styled Collier County v. Pascal J. Murray, et aI., Case No.
07-4784-CA (Santa Barbara Boulevard Extension Project #60091 (Fiscal Impact $227,600).
5/11/2010900:00 AM
Date
Prepared By
Heidi F. Ashton
County Attorney
Section ChieffLand Use.Transportation
County Attorney
4/29/201010:02:13 AM
Date
Approved By
Lisa Taylor
Transportation Division
ManagementfBudget Analyst
Transportation Administration
4/29/2010 10:47 AM
Date
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator - Transportation
Transportation Administration
4/29/20101:26 PM
Date
Approved By
Kevin Hendricks
Transportation Division
Manager - Right of Way
Transportation Engineering &
Construction Management
4/29/20102:12 PM
Date
Approved By
Najeh Ahmad
Transportation Division
Director. Transportation Engineering
Transportation Engineering &
Construction Management
4/29/20103:12 PM
Date
Approved By
Jeff Klatzkow
County Attorney
4/29/20104:36 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
4/30/20104:30 PM
Date
Approved By
Susan Usher
Office of Management &
Budget
ManagementfBudget Analyst, Senior
Office of Management & Budget
5/3/20106:42 PM
Date
Approved By
Leo E. Ochs, Jr.
County Managers Office
County Manager
County Managers Office
5/4/2010 11:5BAM
Agenda Item No. 16K3
May 11, 2010
Page 4 of g
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
COLLIER COlJNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No. 07-4784-CA
v.
PASCAL J. MURRAY, et aI.,
Parcels: 122FEE and 123FEE
Defendants.
STIPULATED FINAL JUDGMENT
CONCERNING PARCELS 122FEE and 123FEE
TillS CAUSE came to be considcrcd pursuant to thc attached Joint Motion to Entcr
Stipulated Final Judgment Concerning Parcels 122FEE and 123FEE, filed by Petitioncr Collier
County (the "County") and Rcspondents, Chris Rasmusscn alk/a Chris Alan Rasmussen and
Martha L. Rasmussen ("Respondents"). Upon reviewing the motion and the file, and being
othcrwise fully advised in the premises, it is
I, ORDERED AND ADJUDGED that the parties have reached a settlement of
disputed claims, and their attached Joint Motion to Enter Stipulated Final Judgment Concerning
Parcels I 22FEE and 123FEE is hereby GRANTED, it is further
2, ORDERED AND ADJUDGED that on or about Decernber 3, 2007, the County
filed its petition for the purpose of acquiring Parcels l22FEE and 123FEE through eminent
dornain action. In accordance \\'ith the Court's March 7, 2008 Order of Taking Concerning
Parcels 122FEE and 123FEE, thc County timely deposited $1,000.00 as to Parcell22FEE and
$621,400.00 as to Parcel 123FEE for a total sum of $622,400.00 in the court registry concerning
Parcels 122FEE and 123FEE on or about March 20, 2008, it is further
3. ORDERED AND ADJUDGED that the County shall pay Respondents thc total
sum of $850,000.00 for Parcels 122FEE and 123FEE. Within 30 days from the date of receipt
Page I of 4
Agenda Item No. 16K3
May 11, 2010
Page 5 of g
of this judgment, the County shall deposit the additional amount of $227,600.00 into the court
registry. The County is entitled to receive credit in the amount of $622,400.00, which is the
good faith estimate of value previously deposited in the court registry, it is further
4. ORDERED AND ADJUDGED that upon deposit of the $227,600.00, the County
shall be deemed to have fully and completely satisfied any and all pending claims in this case
concerning Parcels 122FEE and 123FEE, including but not limited to the order of taking, full
compensation, land and improvements taken, severance damages, cost to cure, business amj.
special damages, any other type of damages recoverable 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
S. ORDERED AND ADJUDGED that title to Parcels 122FEE and 123FEE, 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 ADJUDGED that any withdrawal and/or apportionment of
funds deposited into the court registry shall be done in accordance with Sections 73.101 and
73.141, Florida Statutes, it is further
7. ORDERED AND ADJUDGED 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 Parcels 122FEE and I 23FEE, it is further
8. ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be
recorded in the Official Records of Collier COWlty, Florida, it is further
Page 2 of 4
Agenda Item No. 16K3
May 11. 2010
Page 6 of g
9, ORDERED AND ADJUDGED that this Order disposes of all claims arising ou1
cause.
of the taking ofParce!s 122FEE and 123FEE and that have or could have been asserted in this
DONE AND ORDERED, this _ day of
in Naples, Collier County, Florida.
, 2010, in chambers
Vince Murphy, Acting Circuit Judge
Conformed Copies to:
Vivian Arenas-Battles, Esqlrire, Counsel for Collier County
Heidi Ashton-Cicko, Assistant COllllty Attorney
Menelaos Papalas, Esquire, Co-Counsel for Respondents
Bella Y. Patel, Esquire, Co-Counsel for Respondents
Gloria Gierdano, 120 Sherman Street, Lynbrook, NY 11563-2014
JOINT MOTION TO ENTER STIPVLATED
FINAL JUDGMENT CONCERNING PARCELS 122FEE and 123FEE
Petitioner Collier County, Florida and Respondents, Chris Rasmussen and Martha
Rasmussen, by and through their lUldersigned attorneys, hereby stipulate to, and move the Court
to enter, the foregoing Stipulated Final Judgment Concerning Parcels I 22FEE and 123FER
Vivian Arenas, FBN 606261
de la Parte & Gilbert, PA
Post Office Box 2350
Tampa, Florida 33601 2350
Telephone; (813) 229 2775
COUNSEL FOR COLLIER C01JNTY
Date
LJr1 ~
Menelaos Papalas, Esquire
Aaron J. Silbennan, Esquire
GrayRobinso!l, P.A.
50 N. Laura Street, Suite 1100
Jacksonville, FL 32202
Tekphone: (904) 598-9929
COUNSEL FOR CHRIS & MARTP.A
RASMUSSEN
c.j I,_;{\IO
Date
(Signatures Conlinued on Next Page)
Page} of 4
Heidi Ashton-Cicko, Esquire
As.lj~tanl County Attorney
3301 EastTll!ii:iami Trail
Nap)es, FL 34IlZ
TeJephone~ (239) 25:24l4OO
OOl.JNSBL FOR COLLffiR COUNTY
Pate
Agenda Item No. 16K3
. May 11, 2010
Page 7 of9
~ .fCl(D1
~eUa Y. Patel, Esq~ .
"$e14 :P.....
1302 a :RuD Drive
3569
- 643-2761
emUS &MA..ll.THA
N.! I
~,1;"'\'l.Di\)
Dare:---
CllRTJFlCATE OF SERVICE
I IJj)JW.>BV CERTWY thai a trUe and r.o1'I'-'<it cop:)' of this Stipwaq,d Finalludginem !lS tD
paroels 122FEE and 123FEE Wll.' served on the fol1o"inJ> persoDs tu the manner dosL'lihed below,
on this _ dtry of
2010:
By U.S. Mllll:
Menelaos Papalas, Esquire
Aaron J. Silberman, Esquire
GroyRobmson, FA
50 N, La\4-a Street. Suiw 1 ! (1)
Jacks_ille, FL 32202
Co-COtll:$cl fpr lksponde!l~,
Chris and Martha'Rasm1lSs8!l
(Parcels 12mE tmd 123FEE)
BvU.s.Mall:
Gloria Giordano
120 Shw.:nan Street
Ll'-nbrook, \';'Y 11563-2014
2O{>260v 1
Rv U.S. Mail:
Bolla Y. Patel, Esquire
Belta Y. Pareo). R.A.
13Q26 Wcl.erf9rd Run D1'lve
Riverview, P'J;. 3'Jl:569
ee..coUllS<"! ro~Re!;lpcimlenl$,
Chtls ar4 ~ R,asrn\ls~en
(l'ilfCe!S 122l'EE ant'! 123FliE)
Vi\li~t1 Ai'Cflt1$-Sattles
Page 4 of4
AQAnrl~ ItAm No 1 flK1
May11,201o
Page 8 of g
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FlEE SIMP(;E'
INTEREST
EXHIBIT A
Psga~~
stCTION 8, TOWNf;/1IP 50 SOUTH, RANGE, 26 EAST
COLUfR COUN7Y, FWRIDA
L[CAL ip'CRiPl1ON OF PMcq.. 122 Frr
A PARea or I...AflO- t\1NG iN mt SOU1h'fAST QUM1fR Of stCTlON B.
TOImSl1/P 50, SOU7H, ~A.N(~26 rAST., . CO!....L1rfR C:OCJN7Y., nDRIDA.
BONG u'*! P.AR1TCtI~R4Y IXScttJeflJ AS Fot.!OVlSj
CWMF,:NClNr: AT lHE:f' IJ1}IWr c:oRNUi Of SAiD Sf..'CTlON tt . .
'fP.f:NCE; NORm 00"5(}' ,~ i'rFST &oNe; mE EA.sr wYE. OF -tHE .
sOt/'THUST QlJAA'rER . SAri? st:cnON 8 A ~STIIN, CC OF 1,360.95 .
FfF."(.m AN :N7E:1fsE ~7ii 1HI! NORTHtRL y UJE OF A. PMCl.t 01"
u."IO AS DEScmSf:D~ OR. .\.Q./ I. PM'.( -2~"" PUmJC RI!COf(OS OF'
COUlF:R COON'TY, FL ,D" A"'ID T/'ii!: (>Oif/l' OF BF:riWNINC OF 1HE
PARCt'L f1ERE1~ BElNa DrsCRlBED;..
. '. I . .
THENCE' cf:NnNl:lNCi A.~ONG s.uo E~5T UNE NOFlTH 00'50'31- .ltE'sr A
!.lTSTAl'lICF OF .1Cl.l]f FElfT ro AN INTERS{'CilQN lijTH. THe: SOIJ7HER!.Y .
U~[ OF A PARca. OR LANO AS DiSCR/BF..D IN O.R. ..2.JBtt PACE 2J;G~
PUfJUc RCCOROS OF~en COONrr, fl.ORJDA;
lHENct WYlNG, ""'. 0 EAsT LINE OORm !!!i1J'2B"I~T II D/~A"Ict:.
OF 3,J-I-.rJ7 Fgr TO INTERSECilCN tI1l}f DIe "KESTmL'( liNE: OF A
PARCf:l.. Of 1.JWo AS rSCJ?/Bi.'D IN OR. 2.J8~, PAGe 2JSJ, F'UBUC
RECORDs OF COLLIER NT'(. FWRflM; . .
g::~lotS'J!iPf' ~~i;~;i%Icir~~.f~~:s~~~$ ~J#rSTMa:;
'THDtce SOOTH 89.i3'2Io" !;p..s'r AlONG SItID NoR1HERLr UHf II
Di$TANCF tJ: .13+.07 1lt7T ro At( mtm,S!CTloN "Mm SAID EAST UtJr.
ANO THE POIN.r CF. B~NG ~ THE .PARCEL HDIDN Df'sauacn:
CDNrAJl/INC ,0,022 sdlJARE ra;r OF UJ{D, uORi: OR, LESS;
S(teJECT TO f-A.~~EN'I S AND RESTR'fCTions OF RE:Co'W.
I
.
ExHIBIT
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~~~fiJ~:i~t~~/:~~1 ~c:;~~~n:~;~ I
." <:i. OF 2
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FEESIf,jPLE
INTEREST
PROJECT NO.
PARCEL NO,
FOLIO NO.
S0091
123FEE
004()88BOOOO
LEGAl DESCRIl!TION & SKETCH
- . ' (NOTA SURVCY)
EXHIBIT A
Paga31~._
A PORllON OF SECnON S, TOWN~, RANGE 28 EAST:
MORE ~AFITICliLARL Y JiJEScRrBED AS FOLLOWS, -
THE EAST ONE HAlF (02) OF 'tHe: SOllTliEAST ONE- QUARTER (114)
OF THE NORTHEAST dNE QUARTER (114) DF lliE SOll1:'HEAST ONE
QUARTER (1/4) OF: SAlD SECTION a, ALSO KNOWN AS TRAOT 16,
~~~N~~~~ it~ ~R~G3~m~~~~~O~~~~T:-
4.76 ACf1E9 MORE OR 4ES$.
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"SKr:-;Cf-i /.KIT ro SD\Lf
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