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Agenda 07/28/2009 Item #16K 6EXI,,C.UTIVE SUMMARY Authorize the making of an Offer of Judgment to Respondents, Charles R., Helen J. and Betty J. Wilson, for Parcel No. 142 in the amount of 526,280 in the lawsuit styled Collier County v. Charles R. Nilson, et al., Case No. 02- 5164 -CA (Immokalee Road Project No. 60018) (Fiscal Impact $4,380). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to 0`32 71"r r. _: ._.._._ _,_. .__..__ t_.._,,_ n , , .._ ir_t..__ per.,__._ _ i r,_ T �iCCta(iil r 3.V_� �'tu. .�6bt(.., t0 tit Vtl l t V4vtleTS, C 1lQllC -J It. y�y d1JU1!. nult:11 .1. YY 1151111 arlU D, J. Wilson, in the amount of $26,250, as full compensation, excepting attorney's fees and costs, for the fee simple acquisition arising out of the condemnation of Parcel tiro. 142 in Collier County v. Charles R. 14,71son, el al., Case No. 02-5164-CA, Immokalee Road Project 6001 S. CONSIDERATIONS: Collier County has condemned a.364 acre parcel for road right -of`way (Parcel 142) from property owners Charles R. Wilson, Helen J. Wilson and Betty J. Wilson. The County's initial appraisal dated May 26, 2002, valued the taking at $15,200. The County offered the property owners $15,200 as the County's statutory offer on July 10, 2002. The offer was not accepted. A second appraisal dated March 12, 2003, valued Parcel 142 at $21,900. An Order- of Taking hearing was held on May 13, 2003, and the County deposited the sum of $21,900 in the Court Registry. The County Attorney's Office and staff would life to make an Offer of Judgment in the arnount of $26.250 as fall compensation for Parcel 142 less attorney's fees, expert fees and costs, wl ich will expire in 30 days unless extended by the County, or accepted. If the property owilers accept the offer, the County will he required to pay an additional $43S0, which will be paid to the property owners by Stipulated Final Judgment of the court. If the property, owners reject the offer, and fail to recover more than `i;2cr,2s0 for Parcel 142, either through settlement or jury verdict, the County will not be required to pay any costs incurred by the property o«vners after the date of the offer's rejection. This would include any expert witness fees, such as appraisal Fees. Although the offer does not include attonley's fees, if the property, o,. ners accept the offer. the atton-icy's fee is based on a benefit achIC' ed lIursuant to Section ?3.092, Fl(1. Stem. Hie County Attorney "s Office has reviewed all considerations in making an Offer of JudLmcnt and has calculated ir] �11ood faith this ofLr of full compensation for the property interests LA! cn. This office considers the terms off lie Offer of,fudi'-rmcnt to he reasonable. FISCAL INIPAC-C: Ftmds in the amount of 54..350 are available from gas taxes and impact fees. Source of funds are Gas Taxes and Impact Fires. LEGAL CONSIDERATIONS: This item leas been urcnarcd bti the (_'oullly .- 1dAorn,2v,s Office and is ready f,)r Board action. This rs I regular ]t. rn 1-cquirin,L, a simple ma)OI'Ity vote. tiNZ GROWTH MANAGEMENT AGEMEN IMPACT: None. L Df t Executive Summary Page Two RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on the property owners: 2. Approve the expenditure of funds as stated, if the offer is accepted. Prepared by: Robert N. Zachary, Assistant County Attorney 02.0235;252 K I f 2 COLLIER COUNTY Item Number: Item Summary: �LMOWE MS pakrq 3: Y, 1"y of i.symeK ic Poswidew Cnarks R. HeOn J. and D-4y j WwDn fDr Pw-e A 10 in Wo &7awo W 120 2?0 m Me sion rood CUM 7mrw v clnaAs 4 xz" & al Case Wo Look IMMAare Rwj PMYA No, MIS, Tow: V110Y V 32P Meeting Date: 72CODED 9 vc 00 AM Pmpmd By RoL-,�rt N. Zac--.ary AwAMM COU�t�' At'Orl-t'�y Ccowy Ayarnpv D30- 77GK9 PAM "i"'! Approved B) Robert N. zac -,ary "'1100M Maw: e V:"hy, Dw, couvy AMMOV sn=w Anamov 340; 072M Z22 TW, Approved B) Lisa Tay for -na"pohminn SuMms T72'.gnwv5Tn (W N. 7:46 AM Approved By h��r2Fc F,.210�y Grann Cw�hz= Aw. A ===90 MOM 0M U! Approved By Nt& Ahmad DOD Appnncd B) E ..,..';ii ." c. e s 7-15 7012 1 17 PA, Approved Q mi; , cxM" Wony 1: 0 4. 7 Mr. Approved B) Sant 1, 7EEI, j D, coumy AM V, :07--y Qvc-'. Approved B) c7mv wz"Pw 1 W-0, A top V K- 7 on—e-z hwnpt -M IAN 1007 A Approved B) Approved B) fi I e:,!/'C:1/\,,-,eiiciaTes6Fxnor6l?3.hd\ 0j202XA�70l0()q',,, 1 6.q A (;FNDA, I... Tr'? 7!" �()09 Me 2 of 2 ADWAa kem No. MKC-, MY 28, 20"j9 Page 4 of --j Offi-e 70W209 1019 MA fi I e://C:\ALendaTest\Exr)ot-t\1 33 -.1 ulv%202U//o202009\ I 6.%2000NSENT%2OAG ENDA\ 1... 7/22/2009 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, 0 CHARLES R. WILSON, et al., Respondents. Case No. 02-5164-CA Parcel No.: 142 OFFER OF JUDGMENT TO: Charles R. Wilson, Helen J. Wilson, and Betty J. Wilson c/o Kenneth A. Jones, Esq. 2320 First Street Suite 1000 Ft. Iviyers, FL 33901 -3419 Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment for Project No. 60018 in this action to the Respondents, CHARLES R. WILSON, HELEN J. WILSON, and BETTY J. WILSON ( "Respondents "), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcel 142, in the total amount of Twenty Six Thousand Two Hundred Eighty and No /100 Dollars (.S26,280.00), for Parcel 142, which includes the amount of $21,900.00 which was deposited pursuant to the Order of Taking dated May 13, 2002). There are no non - monetary teens or other relevant conditions 10 this offer except that this offer does include interest from the date of the Order of Taking but does not include attorneys fees and costs. The construction plans and specifications for the Project on which the offer is based have been previously and continue to be available for the Respondents' 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 2009. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tarniami Trail Naples, Florida ' 34112 (239) 252 -8400 - Telephone (239) 252-6300 - Facsimile BY: ROBERT N. ZACHARY ASSISTANT COUNTY ATTORNEY Florida Bar No. 816604 ATTORNEY FOR PETITIONER 2