Agenda 06/24/2008 Item #16K 1
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Agenda Item No. 16K1
June 24. 2008
Page 1 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Meeting Date:
Recommendation to authorize an Offer of Judgment for Parcel 124 by Collier County to
property owners. Jeannie and Donald Fields in the lawsuit styled CC v. Pacal J. Murray, et
aI., Case No. 07-4784-CA (Santa Barbara Extension Project No. 60091)(Fiscallmpact: If
accepted, $168,803).
6/24/2008 90000 AM
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
6/5/20085:02:26 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
6110120088:48 AM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
6/10/20088:56 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
6/10/200810:11 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
6111120088:18 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
6/1112008 9:21 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
6111/200810:26 AM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
6/12120082:59 PM
Approved By
John A. Yankasky
D!rector of the Office of Management
Date
County Manager's Office
Office of Management & Budget
6112/20087:13 PM
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Agenda Item fJo. 16K 1
June 24, 2008
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Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/16/200810:13 AM
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Agenda Item No. 16K1
June 24, 2008
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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 aI.,
Parcel(s): 124FEE
Respondents.
/
OFFER OF JUDGMENT
TO: Jeanne and Donald Fields
c/o Ellen J. Neil, Esquire
Gaylord, Merlin, Lodovici, Et AI
Post Office Drawer 569
Boca Grande, Florida 33921-0569
Petitioner, COLLIER COUNTY, FLORlDA, pursuant to Section 73.032, Florida
Statutes, and Fla, R. Civ. P, 1,442, does hereby make this binding offer of judgment in this action
to the Respondents, JEANNE FIELDS and DONALD FIELDS ("Respondents"), 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 I 24FEE for the sum of $808,100,00, which includes the amount of $614,300.00
deposited pursuant to the Order of Taking dated March 14, 2008.
There are no non-monetary terms or other relevant conditions to this offer except that this
offer does include interest trom the date of the Order of Taking but does not include attorneys
fees and costs.
Agenda Item r~o. 16K 1
June 24, 2008
Page 4 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.
Dated this _ day of June, 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:
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No, 0983860
ATTORNEY FOR PETITIONER
CP07-4784.CA:2581
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,^,genda Item No. 16K1
June 24, 2008
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EXECUTIVE SUMMARY
Recommendation to authorize an Offer of Judgment for Parcel 124 by Collier County to
property owners, Jeannie and Donald Fields in the lawsuit styled CC v. Pacal J. Murray, et
aL, Case No. 07-4784-CA (Santa Barbara Extension Project No. 6009I)(Fiscal Impact: If
accepted, $249,504).
OBJECTIVE: That the Board of County Commissioners authorize and approve a
proposed Offer of Judgment for Parcel 124 by Collier County to property owners Jeannie and
Donald Fields, in the lawsuit styled CC v. Pascal J, Murray, et al., Case No. 07-4784-CA.
CONSIDERATIONS: Prior to filing suit, County offered owners, Jeannie and Donald
Fields, $639,300 for fee simple interest in 4.55 acres of land designated as Parcel 124. This offer
was not accepted and on March 14,2008, Collier County deposited in the court registry the sum
of$614,300 for Parcel 124 in accordance with the Order of Taking, The owners' appraiser had
valued the property taken at $909,000 but had concluded, based on a fonnal retention pond
study, that the remaining 5 acres were damaged due to its location adjacent to the County's
future retention pond, This alleged damage was assessed at $293,600, or a 30% reduction in the
per acre land value. Mediation was held on May 29, 2008, and an impasse reached. The last
offer made by the County at mediation was $780,000. The County Attorney's Office and staff
would like to make an Offer of Judgment in the amount of $808, I 00 for Parcel 124, which will
expire in 30 days unless extended by the County or accepted. If the owners accept, the County
will also be required to pay attorney's fees pursuant to statute, which amounts to $55,704, If the
owners, however, reject this offer and then fail to recover an amount equal to or greater than this
sum at trial, they will be responsible for all costs incurred after the offer expires. This will
require that the owners carefully assess their case. Attached is the proposed Offer of Judgment
by County to the OWners,
If approved, and accepted by the owners, the County will pay the following costs:
Additional Compensation:
Attorneys Fees:
TOTAL
$193,800
$ 55.704
$249,504
FISCAL IMPACT: Funds in the amount of $249,504 are available in the FY08 adopted
budget Source of funds are Impact Fees and/or Gas Taxes,
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
]. Approve the making of the attached Offer of Judgment for Parcel 124 to
Respondents Donald and Jeannie Fields, and authorize the payment of funds, if
offer is accepted.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
.Agenda Item No. 16K1
June 24, 2008
Page 6 of 6
CP:07-4784-CA;2590
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