Agenda 09/15/2009 Item #16K 9
Agenda Item No, 16K9
September 15, 2009
Page 1 of 6
EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondents, Gloria Giordano, Chris
Rasmussen, a/kJa Chris Alan Rasmussen, and Martha L. Rasmussen, for Parcel Nos.
122FEE and 123FEE in the amount of $671,300 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 $48,900).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to property owners Gloria Giordano, Chris Rasmussen, a/k/a Chris
Alan Rasmussen, and Martha L. Rasmussen, in the amount of $671,300, as full compensation,
excepting attorney's fees and costs, for condemnation of Parcel Nos. 122FEE and 123FEE 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 5.01 acres for road right-of-way (Parcel
122FEE and 123FEE) from the property owners, Gloria Giordano, Chris Rasmussen, aJk/a Chris
Alan Rasmussen, and Martha L. Rasmussen. The County's initial appraisal dated June 22,2007,
valued the takings at $646,300. The County offered the owners $671,300 as the County's
statutory offers on August 24, 2007 and October 16, 2007. The offers were not accepted. A
second appraisal dated January 17, 2008, reflects a reduction in value of Parcel 123FEE to
__ $621,400. There was no change in value on Parcel 122FEE. An Order of Taking hearing was
held on March 7, 2008, and the County deposited the sum of $622,400 in the Court Registry.
The County hired a second appraiser who valued the takings at $452,000 and found the highest
and best use to be a less intensive residential use.
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
County's 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 $1,025,000.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $671,300 as full compensation for Parcels 122FEE and 123FEE, 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 $48,900,
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 $671,300 for Parcels 122FEE and
123FEE, 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 ofthe Offer of Judgment to be reasonable.
Agenda Item No. 16K9
September 15, 2009
Page 2 of 6
Executive Summary
Page Two
FISCAL IMPACT: Funds in the amount of $48,900 are available from 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. 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:074784-CA;3244
-
2
rUb\;; 1 V1 ~
Agenda Item No. 16K9
September 15, 2009
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K9
Meeting Date:
Authorize the making of an Offer of Judgment to Respondents, Gloria Giordano, Chris
Rasmussen, a/k/a Chris Alan Rasmussen, and Martha L. Rasmussen, for Parcel Nos.
122FEE and 123FEE in the amount of $671,300 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 $48,900).
9/15/2009 9:00:00 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
8/28/20099:46:26 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM.ROW
8/28/200910:31 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
8/28/200910:39 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
8/28/2009 1 :52 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 4:57 PM
Approved By
Therese Stanley
Grants Coordinator
Date
Tra nsportation
Transportation Administration
8/31/2009 1 :29 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
9/1/20099:36 AM
Approved By
Jeff Klatzkow
County Attorney
Date
r ubI;; ~ Vi ~
Agenda Item t\Jo. 16K9
September 15, 2009
Page 4 of 6
County Attorney
County Attorney Office
9/1/2009 2:26 PM
Approved By
OMS Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
9/1/20093:20 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
9/1/20096:07 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
9/1/20096:27 PM
Agenda Item No. 16K9
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: 122FEE, 123FEE
Respondents.
/
OFFER OF JUDGMENT
TO: Gloria Giordano
120 Sherman Street
Lynbrook, NY 11563
Chris Rasmussen alk/a
Chris Alan Rasmussen
Martha L. Rasmussen
c/o Bella Y. Patel, Esq.
Law Office of Bella Y. Patel
13026 Waterford Run Drive
Riverview, FL 33569
Chris Rasmussen alk/a
Chris Alan Rasmussen
Martha L. Rasmussen
c/o Menelaos Papalas, Esq.
50 N. Laura St., Ste 1100
Jacksonville, FL 32202
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 Respondents, GLORIA,
GIORDANO, CHRIS RASMUSSEN alk/a CHRIS ALAN RASMUSSEN, and MARTHA L.
RASMUSSEN ("Respondents"), in settlement of all Claims concerning Parcel Numbers 122FEE
and 123FEE, 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 Parcels 122FEE and 123FEE for the sum of $671,300.00, which
includes the amount of $622,400.00 deposited pursuant to the Order of Taking dated March 7,
2008.
1
Agenda Item No. 16K9
September 15, 2009
Page 6 of 6
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.
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:
~
ROBERTN. ZACHARY
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 816604
A TTORNEY FOR PETITIONER
CP:07-4784-CA;3243
2