Agenda 12/01/2009 Item #16K 2
Agenda Item No, 16K2
December 1, 2009
Page 1 of 6
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EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondents, Michael and Marie
Thompson, for Parcel No. 12SFEE in the amount of $241,401 in the lawsuit styled Collier
County v. Pascal J. Murray, et al., Case No. 07-4784 (Santa Barbara Boulevard Extension
Project No. 60091) (Fiscal Impact $34,101).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to property owners, Michal Thompson and Marie Thompson, in the
amount of $241,401, as full compensation, excepting attorney's fees and costs, for condemnation
of Parcel No. ] 25FEE in Collier County v, Pascal J. Murray, et ai" Case No. 07-4784-CA, Santa
Barbara Boulevard Extension Project No, 6009].
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CONSIDERA TIONS: Collier County has cOl,ldemned a 1,0 I acre parcel for road right-of,way
(Parcel 125FEE) from the property owners, Michal Thompson and Marie Thompson. The
County's initial appraisal dated July 30, 2007, valued the taking at $?07,300. The County
offered the owner $232,300 as the County's statutory offer on August 30, 2007, The offer was
not accepted. A second appraisal dated February 21, 2008, again valued Parcel 125FEE at
$207,300, An Order of Taking hearing was held on March 7, 2009, and the County deposited
the sum of $207,300 in the Court Registry. Owner's appraiser subsequently valued
compensation at $275,500, which includes a claim for damages to the remaining property
because it is now located next to a six lane urban highway. This value figure does not include
attorney's fees and expert fees and costs.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $241,401 as full compensation for Parcel 125FEE, excluding 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 ofTer, the County will be required to pay an additional $34, I 0], which will be
paid to the property owner by Stipulated Fina] Judgment of the eourt. If the property owner
rejects the offer and fails to recover more than $241,40 I for Parcel 125FEE, 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. Although the offer does not include attorney's fees, if the property
owner accepts the offer, the attorney is entitled to a fee based on benefit achieved pursuant to
Section 73,092, Fla. Stat" which is $3,003.33,
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 OfTer of Judgment to be reasonable,
FISCAL IMPACT: Funds in the amount of$34,101 are available in Gas Taxes and/or Impact
Fees.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
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Agenda Item No. 16K2
December 1, 2009
Page 2 of6
Executive Summary
Page Two
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA nON: That the Board of County Commissioners approve the terms of the
Offer of Judgment and authorize its service on the property owner and the expenditure of funds
as stated, if the offer is accepted.
Prepared by: Robert N. Zachary, Assistant County Attorney
CP:07-4 784-CA;33] 5
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Agenda Item No, 16K2
December 1, 2009
Page 3 of 6
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K2
Authorize the makin9 of an Offer of Judgment to Respondents, Michael and Marie
Thompson, for Parcei No. 125FEE in the amount of $241 ,401 in the iawsuit styled Collier
County v. Pascal J. Murray, et aI., Case No. 07-4784 (Santa Barbara Bouievard Extension
Project No. 60091) (Fiscal Impact $34,101).
12/1/20099:00:00 AM
Meeting Date:
Prep. red By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney 11/5/20099:18:17 AM
Approved By
Lisa Taylor Management/Budget Analyst Date
Transportation Division Transportation Administration 11151200911:38 AM
Approved By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney 1116120094:31 PM
,"-. Approved By
Norm E. Feder, AICP Administrator ~ Transportation Date
Transportation Division Transportation Administration 11110/200910:11 AM
Approved By
Heidi F. Ashton Section Chief/Land Use~Transportation Date
County Attorney County Attorney 11/10120094:34 PM
Approved By
Kevin Hendricks Manager w Right of Way Date
Transportation Engineering &
Transportation Division Construction Management 11/121200912:47 PM
Approved By
Therese Stanley Manager - Operations Support ~ Trans Date
Transportation Division Transportation Administration 11/17/20099:55 AM
Approved By
Najeh Ahmad Director ~ Transportation Engineering Date
Transportatton Engineering &
Transportation Division Construction Management 11/17/20094:29 PM
-, Approved By
OMS Coordinator Date
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Agenda Item No. 16K2
December 1, 2009
Page 4 of6
County Attorney
County Attorney
11/18/20099:10 AM
Approved By
Jeff Ktatzkow
County Attorney
Date
11/19/20099:35 AM
Approved By
John A. Yonkosky
Director. Management and Budget
Date
Office of Management &
Budget
Office of Management & Budget
11/19/20091:54 PM
Agenda Item No. 16K2
December 1, 2009
Page 5 of 6
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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 al.,
Parcel: 125FEE
Respondents.
/
OFFER OF JUDGMENT
,.on__
TO: Michael Thompson
Marie T. Thompson, his wife
c/o David T. Lupo, Esquire
Cohen & Grigsby
1100 Fifth Avenue South, Suite 401
Naples, FL 34102
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, MICHAEL
THOMPSON and MARIE T. THOMPSON ("Respondents"), in settlement of all Claims
concerning Parcel Number 125FEE, 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 Respondents arising out of the taking of Parcel 125FEE for the sum of
$241,401.00, which includes the amount of $207,300,00 deposited pursuant to the Order of
Taking dated March 7, 2008, This Offer of Judgment is subject to apportionment, if any.
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
I
r fees and costs.
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Agenda Item No. 16K2
December 1, 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
c
BY: l~
ROBERTN, ZACHARY
ASSISTANT COUNTY ATTORNEY
Florida Bar No, 816604
ATTORNEY FOR PETITIONER
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 34 I 12
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
CP:07-47&4-CA.3314
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