Agenda 07/28/2009 Item #16K10Agenda Item too. 16K10
July 28, 2003
F'age 1 of 5
EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondent, Jorge T. Torres, for Parcel
No. 209FEE in the amount of $48,700 in the lawsuit styled Collier County v. Pablo M.
Sardinas, et al., Case No. 07- 2824 -CA (Oil Well Road Project No. 60044) (Fiscal Impact
$22,200).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to property owner, .Jorge T. Torres, in the amount of $48,700, as full
compensation, excepting attorney's fees and costs, for condemnation of Parcel No. 209FEE in
Collier Counh, v. Pablo M. Surelinas, et al., Case No. 07- 2824 -CA, Oil Well Road Project No.
60044.
CONSIDERATIONS: Collier County has condemned a.758 acre parcel for road right -of -way
(Parcel 209FEE) from the property owner, Jorge T. Torres. The County's initial appraisal dated
February 9, 2007, valued the taking at $56,900. The County offered the owner $75,800, which
includes the value of the take plus a settlement incentive, as the County's statutory offer on June
27, 2007. The offer was not accepted. A second appraisal dated November 2, 2007, reflects a
reduction in value of Parcel 209FEE to $26,500. An Order of Taking hearing was held on
January 4, 2008, and the County deposited the sum of $26,500 in the Court Registry. The
owner's appraisal values the parcel at $80,000 per acre or 560,000 and finds severance damages
of $55,000 for a total compensation of $115,000.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $48,700 as full compensation for Parcel 209FEE, less attorney's fees, expert fees and costs,
which will expire in M days unless extended by the County or accepted. If the property owner
accepts the offer, the County will be required to pay an additional $22,200, 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 548,700 for Parcel 209FEE, either through settlement or jury
verdict, the County will 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.
If the property owner accepts the offer, the attorney is not entitled to a fee pursuant to Section
73.092(1), Fla. Stat.
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 for the property interests taken.
This office considers the terms of the Offer of Judgment to be reasonable.
FISCAL IMPACT: Funds in the amount of $22,200 are available from gas taxes 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 is ready for Board action. This is a regular item requiring a simple majority vote. RNz
GROWTH MANAGEMENT IMPACT: None.
Executive Summary
Page Two
`s
JI 7
RECOMMENDATION: 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
2
Pa(-,e I of I
iCaa iIern No. 1,3310
jJy 28. 2X"9
;-� a c e 3 C" t 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16 K 10
Item Summary: Authorize the making of an Offer of Judgment to Respondent, Jorge T Torres, for Parcel No.
209FEE in the amount of $48,700 in the lawsuit styled Collier County v. Pablo M. Sardinas,
et a[., Case No. 07-2824 -CA (Oil Well Road Project No 50044) (Fiscal Impact $22,200),
Meeting Date: 7/281,2009 9:00:00 AM
Prepared By
Fubr-ri N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
711512009 09:22:00 AM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
7/15/2009 11:04 AM
Approved By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney Office 7/15,12009 12.26 Prul
Approved By
Lisa Taylor Management/Budget Analyst Date
Transportation Services Transportation Administration 7/1512009 3:60 PM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/11512009 4:25 PM
Approved By
Naieh Ahmad
Director
Date
Transportation Services
7rap -
1. sp- atior — n Engineering &
711612009 9:00 AM
Construction r4anagernent
Approved By
Jeff Kiatzkow
County Attorney
a t c'
County Attorney
County A—torney Office
7 1. Ali 0 L' 9, 1 a: 4 5 A IV,,
Approved By
OlVir- Coordinator
OMB Coordinator
D,�te
County Manager's Office
Office of Management & Budget
7 t I - /-1 0) 0 9 11:15 A hrt
Approved By
Susan Usher
Senior Mallagement,Budget Analyst
Date
County Manager's Office
Offte of rAllana, E3ud4-,,e*
7/'0,'20C,9 4:'6 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manage,-
Date
Hoard of County
County Manager's Office
7121/2009 1.21 P,10
file:IIC:\Ai-,endaTest\Exr)oi-t\]33-Julv%2028.0110202009\16.%2000NSFNI'%?OAGF-NDA\I
7/2?/?009
J ti'0
4 J .,
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, Case No. 07- 2824 -CA
V,
P ABLO M. SARDINAS, et al., Parcel(s): 209FEE
Respondents.
OFFER OF JUDGMENT
TO: Jorge T. Torres
c/o Dan Biersdorf, Esquire
Biersdorf & Associates, PA
33 South Sixth Street, Suite 4100
Minneapolis, MN 55402
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
`NAME OF PROJECT] , Project Number 209FEE to the Respondent, JORGE T. TORRES
( "Respondent'), in settlement of all Claims concerning Parcel Number 209FEE, 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 FEE for the suin of $48,700,00, which includes the amount of $26,500.00
deposited pursuant to the Order of Taking dated January 4, 2008.
There are no nor.- 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.
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
2008.
Dated this day of , 2008.
C'P:07- 2824- CA1289
2
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252 -8400 — Telephone
(239) 252 -6300 — Facsimile
[INd
a- ROBERT N. ZACHARY
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 816604
ATTORNEY FOR PETITIONER