Agenda 09/15/2009 Item #16K13
Agenda Item No. 16K13
September 15, 2009
Page 1 of 6
...n_,
EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondents, Mark A. Peiffer and
Gwendolyn L. Peiffer, for Parcel No. 155RDUE in the amount of $2,160 in the lawsuit
styled Collier County v. Patricia K. Carlyle, et al., Case No. 07-2829-CA (Oil Well Road
Project No. 60044) (Fiscal Impact $360).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to property owners, Mark A. Peiffer and Gwendolyn L. Peiffer, in the
amount of$2,160, as full compensation, excepting attorney's fees and costs, for condemnation of
Parcel No. 155RDUE in Collier County v. Patricia K. Carlyle, et al., Case No. 07-2829-CA, Oil
Well Road Project No. 60044.
CONSIDERATIONS: Collier County has condemned a .052 acre parcel for perpetual, non-
exclusive road right-of-way, drainage and utility easement (Parcel 155RDUE) from the property
owners, Mark A. Peiffer and Gwendolyn L. Peiffer. The County's initial appraisal dated
February 9, 2007, valued the taking at $3,900. The County offered the owner $5,150 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 155RDUE to $1,800. An Order of
Taking hearing was held on January 4, 2008, and the County deposited the sum of$1,800 in the
Court Registry.
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The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of$2,160 as full compensation for Parcel 155RDUE, less attorney's fees, expert fees and costs,
which will expire in 30 days unless extended by the County or accepted. If the property owners
accept the offer, the County will be required to pay an additional $360, 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 $2,160 for Parcel 155RDUE, either through settlement or jury
verdict, the County will not be required to pay any costs incurred by the property owners 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, an attorney is entitled to a fee based on benefit
achieved pursuant to Section 73.092, 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 Jud!:,'1nent to be reasonable.
FISCAL IMPACT: Funds in the amount of$360 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.
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Agenda Item No. 16K 13
September 15, 2009
Page 2 of 6
Executive Summary
Page Two
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:07-2829;218
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Agenda Item No. 16K13
September 15, 2009
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K13
Authorize the making of an Offer of Judgment to Respondents, Mark A. Peiffer and
Gwendolyn L. Peiffer, for Parcel No. 155RDUE in the amount of $2,160 in the lawsuit styled
Collier County v. Patricia K. Carlyle, et aI., Case No. 07 -2829-CA (Oil Well Road Project No.
60044) (Fiscal Impact $360).
9/15/20099:0000 AM
Meeting Date:
Prepared By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney Office 8/11/20094:19:48 PM
Approved By
Kevin Hendricks Right Of Way Acquisition Manager Date
Transportation Services TECM-ROW 8/13/2009 1 :34 PM
Approved By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney Office 8/17/20099:11 AM
Approved By
Lisa Taylor Management/Budget Analyst Date
Transportation Services Transportation Administration 8/17/2009 3:01 PM
Approved By
Heidi F. Ashton Assistant County Attorney Date
County Attorney County Attorney Office 8/20/2009 11 :07 AM
Approved By
Norm E. Feder, AICP Transportation Division Administrator Date
Transportation Services Transportation Services Admin. 8/24/200911 :25 AM
Approved By
Therese Stanley Grants Coordinator Date
Transportation Transportation Administration 8/24/2009 2:31 PM
Approved By
Najeh Ahmad Director Date
Transportation Services Transportation Engineering & 8/28/2009 9:47 AM
Construction Management
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 9/1/2009 2:25 PM
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Agenda Item No. 16K 13
September 15, 2009
Page 4 of 6
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
9/2/2009 9:55 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
9/3/2009 11 :07 AM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
9/3/2009 7:35 PM
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Agenda Item No. 16K 13
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.; 07-2829-CA
vs.
Parcel No: 155RDUE
PATRICIA K. CARLYLE, et aI.,
Respondents.
/
OFFER OF JUDGMENT
TO: Mark A. Peiffer / Gwendolyn L. Peiffer
7360 NW 5th Street
Miami, FL 33126-4220
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 Oil
Well Road Project Number 60044 to the Respondents, MARK. A. PEIFFER and
GWENDOL YN L. PEIFFER ("Respondents"), in settlement of all Claims concerning Parcel
Number 155RDUE, 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 155RDUE for the sum of $2,160.00, which
includes the amount of $1,800.00 deposited pursuant to the Order of Taking dated January 4,
2008.
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Agenda Item No. 16K 13
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
,2008.
Dated this _ day of
,2008.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
BY:
f2- ROBERTN. ZACHARY
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 816604
ATTORNEY FOR PETITIONER
CP:07-2829;217
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