Agenda 07/28/2009 Item #16K 5I` f :7
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EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondent, Janet R. Messineo, for
Parcel No. 161RDUE in the amount of S4,000 in the lawsuit styled Collier Courtn, v. Patricia
K Carlyle, et al., Case No. 07- 2829 -CA (Oil Nell Road Project No. 60044) (Fiscal Impact
$2,200).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.03-2, pia. iiu "t,, to pi'Oprliy owner, Janet R. 1viesSitic� r, it tiie tilliCiiiilt of $4,000, as Hill
compensation, excepting attorney's fees and costs, for condemnation of Parcel No. 161RDUE in
Collier CounlY v. Patricia K. Carfile, cat al.; Case No. 07- 2820 -CA, Oil Well Road Project
60044.
CONSIDERATIONS: Collier County has condemned a .052 acre parcel for perpetual, non-
exclusive road iight-ollway, drainage and utility easement (Parcel 161RDUE) from the property
owner, Janet R. Messineo. The County's initial appraisal dated June 28. 2007, valued the taking
at $3,900. The County offered the owner S5,150 as the County's statutory offer on July 2, 2007.
The offer was not accepted. A second appraisal dated November 2, 2007, reflects a reduction in
value of Parcel 161RDUE to $1,800. An Order of Taking hearing was held on January 4, 2008,
and the County deposited the suns of $ 1,800 in the Court Registry.
-" The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $4,000 as full compensation for Parcel 161RDUE, loss utt.irney's fcc-s, expert fees and costs,
which will expire in 30 days unless extended by the County ol• accepted. If the property owner
accepts the offer, the County will be required to pay an additional $2,200, 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 54.000 for Marcel 161RDUE, either through settlement or
jury verdict, the County wilt 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 11aq reviewed ail considerations in rmakin(T an Offer of Judgment
and has calculated in good iaith ibis offer of full compensation R)r the interests taken.
This office considers the terms of the Offer of WC12,meni to be rcasonable..
FISCAL IMPACT: Funds in the amount of `2.200 Ire available from gas takes and impact
fees. Source of funds are Gas Taxes and Impact Fees.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney's Office
and 1S ready for Board action. ThI� _s 11 i "egulal' nom I': gUlI "171 <r d sIII1p1e ImaiC7rlty vote. RNZ
GROWTH MANAGEMENT INIPACT: Nom:.
,i i! 1 y -'3 10
Executive Summary
Pa <ae Two
RECOMME'.\DATION: That the Board of County Commissioners:
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: Robert N. Zachary, Assistant County Attorney
03- 2499 -c A:2 t 4
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COLLIER COUNTY
Item Number:
Item Summary:
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IN THE CIRCUIT COURT OF THE TWENTIETH ,3UDICIAL 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- 2829 -CA
PATRICIA K. CARLYLE, et al., Parcel No. 161RDUE
Respondents.
OFFER OF JUDGMENT
TO: Janet R. Messineo
c/o James L. Karl, II, Esquire
JAMES KARL & ASSOCIATES, P.A.
678 bald Eagle Drive
Marco Island, FL 34145
Pctitioner, COLLIER COUNTY, pursuant to Section 73.10132. Florida Statutes, and Fla. R.
Civ. P. 1.442, does herebv make this binding offer of judgment in the Oil Well Road Project
Number 60044 to the Respondent, JANET R. 1.2iSS1NE0 (-'Respondent"), in settlement of all
Claims concerning Parcel Number 161RDUE, 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 161RDUE for the sum
of $4,000.00, which includes the amount of $1,800.00 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 dale of the Order of Taking but does not include attorney's
fees and costs.
,8, 23C9
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
2009.
Dated this day of 12009.
('13:07-2929-0.4215
2
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tarniami Trail
Naples, Florida 34112
(239) 252-8400 — Telephone
(239) 252 -6300 — Facsimile
LPF--P-.M-m -01.29
OWN
BY: /I,-- '
�AOBERT N. Z."iCHARY
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 816604
ATTORNEY FOR PETITIONER