Agenda 12/15/2009 Item #16K 3
Agenda Item No. 16K3
December 15, 2009
Page 1 of 6
EXECUTIVE SUMMARY
Authorize an Offer of Judgment to Respondent, Luis Pineros, for Parcel No. 204RDUE in
the amount of $20,832 in the lawsuit styled Collier COUllty 1'. Joseph Noel, et aL, Case No.
07-3200-CA (Oil Well Road Project # 60044) (Fiscal Impact $12,432).
OBJECTIVE: To authorize an OtTer of Judgment pursuant to Section 73,032, Fla. Stat" to
property owner, Luis Pineros, in the amount of $20,832 as full compensation, excepting
attorney's fees and costs, for condenmation of Parcel No. 204RDUE in Collier COllnty 1'. Joseph
Noel. et al.. Case No. 07-3200-CA, Oil Well Road Project No. 60044.
CONSIDERATIONS: Collier County has condemned a .241 acre parcel for a perpetual, non-
exclusive road right-of-way, drainage and utility casement (Parcel 204RDUE) from the property
owner, Luis Pineros. The County's initial appraisal dated February 9, 2007 valued the taking at
$17,900. The County offered the owner $23,860 (which includes an incentive amount) as the
County's statutory offer on JWle 29, 2007. The of Tel' was not accepted, A second appraisal
dated November 2, 2007 reflects a reduction in value of Parcel 204RDUE to $8,400. An Order
of Taking hearing was held on January 4, Z008, and the County dcposited the sum of $8,400 in
the Court Registry. The property owner is seeking a total compensation of $70,500, which
includes a claim for a severance damages in the amount of $48,] 00 because of a change in the
roadway from two-lane rural to a six-lane highway.
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The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of$20,832 as full compensation for ParceI204RDUE, 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 $12,432, 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 $20,832 for Parcel 204RDUE, either through settlement or
jury verdict, the County will not be rcquired to pay any costs incurred by the propeliy 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 f()r the property interests taken.
This office considers the terms of the alTer of Judgment to be reasonable.
FISCAL IMPACT: Funds in the anlount of$12,432 are available in gas taxes and impact fees,
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
GROWTH MANAGEMENT IMPACT: Nonc.
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Agenda Item No. 16K3
December 15, 2009
Page 2 016
Executive Swnmary
Page Two
RECOMMENDATION: That the Board of County Commissioners:
1. Authorize the ternlS 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
CP:07.3200-CA; 1967
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Agenda Item No. 16K3
December 15, 2009
Page 3 of6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K3
Authorize an Offer of Judgment to Respondent, Luis Pineros, for Parcel No, 204RDUE in the
amount of $20,832 in the lawsuit styled Collier County v. Joseph Noel, et ai, Case No. 07-
3200-CA (Oil Well Road Project # 60044) (Fiscal Impact $12,432),
12/15/20099:00:00 AM
Meeting Date:
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
12/2/20093:30:21 PM
Approved By
Norm E. Feder, A1CP
Administrator. Transportation
Date
Transportation Division
Transportation Administration
12131200912:53 PM
Approved By
Usa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
1213120092:56 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
1213/2009 3: 12 PM
Approved By
Heidi F. Ashton
Section ChieffLand Use~Transportation
Date
County Attorney
County Attorney
12/3120093:58 PM
Approved By
Therese Stanley
Manager - Operations Support. Trans
Date
Transportation Division
Transportation Administration
12/4/20099:45 AM
Approved By
Najeh Ahmad
Director ~ Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
12/4/2009 2: 31 PM
Approved By
Kevin Hendricks
Manager ~ Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
12/7/200912:13 PM
Approved By
Jeff Klatzkow
County Attorney
Date
12/7120092:26 PM
Approved By
OMS Coordinator
County Manager's Office
Aoenda Item No. 16K3
~ December 15. 2009
Page 4 of 6
Date
Office of Management & Budget
12/7/20093:48 PM
Approved By
John A. Yonkosky
Office of Management &
Budget
Director - Management and Budget
Date
Office of Management & Budget
12/7/20093:52 PM
Agenda Item No. 16K3
December 15. 2009
Page 5 016
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,
v.
Case No. 07-3200-CA
JOSEPH NOEL, et al.,
Parcel(s): 204RDUE
Respondents.
/
OFFER OF JUDGMENT
TO: Luis Pineros
c/o Paul A. Blucher, Esq.
The Law Office of Paul A. Blucher, P.A.
7300 Delainey Court
Sarasota, FL 34240
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 Oil
Well Road Project Number 60044 to the Respondent, LUIS PINEROS ("Respondent"), in
settlement of all Claims concerning Parcel Number 204RDUE, 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(s) arising out of the taking of Parcel
204RDUE for the sum of $20,832.00, subject to apportionment if any, which includes the
amount of $8,400.00 deposited pursuant to the Order of Taking dated January 4,2008.
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.
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Agenda Item No. 16K3
December 15, 2009
Page 6 of 6
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 December, 2009.
Dated this _ day of December, 2009.
OFFICE OF THE COUNTY A TTOP.NEY
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
CP:07.3200-CA;1966
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