Agenda 09/15/2009 Item #16K 4
Agenda Item No. 16K4
September 15, 2009
Page 1 of 6
EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondent, Pascal J. Murray, for Parcel
No. 121FEE in the amount of $610,900 in the lawsuit styled Collier County v. Pascal J.
Murray, et aL, Case No. 07-4784-CA (Santa Barbara Boulevard Extension Project No.
60091) (Fiscal Impact $46,700)~
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to property owner, Pascal J. Murray, in the amount of $610,900, as
full compensation, excepting attorney's fees and costs, for condemnation of Parcel No. 121FEE
in Collier County v. Pascal J Murray, et al., Case No. 07-4784-CA, Santa Barbara Boulevard
Extension Project No. 60091.
CONSIDERATIONS: Collier County has condemned a 4.34 acre parcel for road right-of-way
(Parcel 121FEE) from the property owner, Pascal J. Murray. The County's initial appraisal
dated June 29,2007, valued the taking at $585,900. The County offered the owner $610,900 as
the County's statutory offer on August 30, 2007. The offer was not accepted. A second
appraisal dated January 17, 2008, reflects a reduction in value of Parcel 121FEE to $564,200.
An Order of Taking hearing was held on March 7, 2008, and the County deposited the sum of
$564,200 in the Court Registry. The County hired a second appraiser who valued the taking at
$450,000 and found the highest and best use to be a less intensive residential use.
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This case was set for trial and continued. The issue in this case is the highest and best use, The
County's first appraiser found the highest and best use to be low intensity multi-family. The
second appraiser found the highest and best use to be single family with one or two dwelling
units. The owner claims the property is worth $905,000.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $610,900 as full compensation for Parcel 121FEE, 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 $46,700, 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 $610,900 for Parcel 121 FEE, 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.
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 IMP ACT: Funds in the amount of $46,700 are available from gas taxes and impact
fees.
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Agenda Item No. 16K4
September 15, 2009
Page 2 of 6
Executive Summary
Page Two
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. HFAC
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA TION: That the Board of County Commissioners:
1. 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
CP: 07-4784-CA;3242
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Agenda Item No. 16K4
September 15, 2009
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K4
Meeting Date:
Authorize the making of an Offer of Judgment to Respondent, Pascal J. Murray, for Parcel
No. 121FEE in the amount of $610,900 in the lawsuit styled Collier County v. Pascal J.
Murray, et aI., Case No. 07 -4784-CA (Santa Barbara Boulevard Extension Project No.
60091) (Fiscal Impact $46,700).
9/15/20099:00:00 AM
Prepared By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney Office 8/28/20099:01 :16 AM
Approved By
Najeh Ahmad Director Date
Transportation Services Transportation Engineering & 8/28/200910:20 AM
Construction Management
Approved By
Kevin Hendricks Right Of Way Acquisition Manager Date
Transportation Services TECM-ROW 8/28/200910:27 AM
Approved By
Lisa Taylor ManagementfBudget Analyst Date
Transportation Services Transportation Administration 8/28/2009 1 :55 PM
Approved By
Norm E. Feder, AICP Transportation Division Administrator Date
Transportation Services Transportation Services Admin. 8/28/20092:15 PM
Approved By
Heidi F. Ashton Assistant County Attorney Date
County Attorney County Attorney Office 8/28/2009 4:23 PM
Approved By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney Office 9/1/20099:36 AM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 9/2/2009 10: 1 0 AM
.- Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 9/2/200912:20 PM
.L at;\:' L. U.L L.
Agenda Item No. 16K4
September 15, 2009
Page 4 of 6
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
9/2/20094:04 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
9/2/2009 6:37 PM
Agenda Item No. 16K4
September 15, 2009
Page 5 of 6
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. 07-4784-CA
v.
PASCAL J. MURRAY, et aI.,
Parcels: 121FEE
Respondents.
/
OFFER OF JUDGMENT
TO: Pascal J. Murray, et aI.
c/o Bella Y. Patel, Esq.
Law Office of Bella Y. Patel
13026 Waterford Run Drive
Riverview, FL 33569
c/o Menelaos Papalas, Esq.
GrayRobinson, P .A.
50 N. Laura St, Ste 1100
Jacksonville, FL 32202
Aaron J. Silberman, Esq.
Gray Robinson, P.A.
201 N. Franklin St., Ste 2200
Tampa, Florida 33602
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 Santa
Barbara Boulevard Extension Project Number 60091, to the Respondent, PASCAL J. MURRAY
("Respondent"), in settlement of all Claims concerning Parcel Number 121FEE, 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 arising out of the
taking of Parcel 121FEE for the sum of $610,900.00, which includes the amount of $564,200.00
deposited pursuant to the Order of Taking dated March 7,2008.
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. 16K4
September 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
,2009.
Dated this _ day of
,2009.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
BY:
@
ROBERT N. ZACHARY
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 816604
A TTORNEY FOR PETITIONER
CP:07 -4 784-CA;3241
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