Agenda 03/25/2008 Item #16K 3
Agenda Item No, 16K3
March 25, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to authorize a second Offer of Judgment for Parcels 838A and 838B by
Collier County to property owner, Nancy L. Johnson Perry in the lawsuit styled CC 1'.
Nllncy L. Johnson Perry, lndil'idually and as Successor Trustee, et aL, Case No. 03-2373-CA
(Golden Gate Parkway Project No. 60027)(Positive Fiscal Impact of $9000, if aecepted.)
OBJECTIVE: That the Board of County Commissioners authorize and approve a second
Offer of Judgment for Parcels 838A and 838B by Collier County to property owner, Nancy L
Johnson Perry in the lawsuit styled CC 1', Nancy L Johnson PeY/y, Individually and as Successor
Trustee, et aI., Case No, 03-2373-CA
CONSIDERATIONS: On September 25, 2003, Collier County acquired drainage and
utility easements designated as Parcels 838A and 838B by depositing $33,900 and $30,100 for
the respective parcels, totaling $64,000, Prior to suit the legal description for Parcel 838A was
revised in light of proposed right-of-way to be acquired by FDOT as part of its interchange
project. Although the parcel was reduced, the updated appraisal did not reflect this, FDOT did
not acquire all the proposed right-of-way, and some improvements were eonstructed or relocated
within property still privately owned by Peny. On September 13, 2007, Perry served the
County with the attached Offer of JudgmenVProposal for Settlement in the amount of $99,999,
which was rejected.
On October 23, 2007, this Board approved the making of an Offer of Judgment for $64,500,
inclusil'c of attoll1ey's fees and costs, Section 73,032, Fla, Stat, mandates that all offers be
exclusive of fees and costs. Consequently, the County Attoll1ey's Office would like to make a
new Offer of Judgment for Parcels 838A and 838B exclusil'c of fees and costs. Because of the
potential risk if the owner fails to recover an amount equal or greater than $55,000, Perry must
carefully assess her case and consider this offer.
Because the initial deposit exceeds the offer amount, if Perry accepts, the County will receive a
credit or reimbursement for the sum of $9,000, It should be noted, however, that attoll1ey's fees
and costs remain to be resolved,
Attached is the proposed Offer of Judgment by County to Perry,
FISCAL IMPACT: Funds in the amount of $9,000 will be credited back into the FY08
adopted budget under the Golden Gate Parkway Project 60027 in Road District 2 Impact Fee
fund,
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the making of
the attached Offer of Judgment for Parcels 838A and 838B to Nancy L Johnson Perry, and
authorize the payment of funds, if offer is aeeepted,
,-
PREPARED BY: Ellen T, Chadwell, Assistant County Attorney
Page] 01'2
Agenda Item No, 16K3
March 25, 2008
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K3
Item Summary:
Recommendation to authorize a second Offer of Judgment for Parcels 838A and 8388 by
Collier County to property owner, Nancy L. Johnson Perry in the lawsuit styled CC v. Nancy
L. Johnson Perry, Individually and as Successor Trustee, et a!., Case No. 03~2373-CA
(Golden Gate Parkway Project No 60027)(Positive Fiscal Impact of $9000, if accepted.)
3/25/2008 90000 AM
Meeting Date:
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/11/20084:35:10 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
3/11/20085:09 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
3/12/20081,35 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
3/12/2008 1 :37 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM.ROW
3/12120083:37 PM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/12/20083:40 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
3112/20083:51 PM
Approved By
Jeff Klatzkow
Asststant County Attorney
Date
County Attorney
County Attorney Office
3/12120084:31 PM
Approved By
OMS Coordinator
A.pp!fcations Analyst
D3te
Administrative Services
Information Technology
3/13/20088:42 AM
fi]e://C:\AgendaTest\Export\ 1 03-March%2025,%202008\] 6,%20CONSENT%20AGENDA \", 3/] 9/2008
Approved By
Susan Usher
County Manager's Office
Page 2 01'2
Agenda Item !-.lo. 16K3
March 25. 2003
Page 3 of 5
Senior Management/Budget Analyst
Date
Office of Management & Budget
3/18/20089:56 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/18/20084:24 PM
filc://C:IAgcnda TestlExportl 1 03-March%2025.%2020081 16,%20CONSENT%20AGENDA In' 3119/2008
I
,'Igenda Item No, 16K3
March 25, 2008
Page 4 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political
subdivision of the State of Florida,
Petitioner,
v,
Case No, 03-2373-CA
NANCY L JOHNSON PERRY,
Individually, and as Successor Trustee, et aI.,
Parcel Nos, 838A, 838B
Respondents,
I
OFFER OF JUDGMENT
TO: Nancy L Johnson Perry,
Individually, and as Successor Trustee
clo Paul A. Blucher, Esq,
7300 Delainey Court
Sarasota, FL 34240
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 this action
to the Respondent, NANCY L JOHNSON PERRY, Individually, and as Successor Trustee
("Respondent"), 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 838A and 838B, exclusive of attorney's fees and costs in the
total amount of Fifty-five Thousand and Nol100 Dollars ($55,000.00),
There are no non-monetary terms or other relevant conditions to this offer, except that
this offer is exclusive of attorney's fees and costs,
)\'Jenda item r'~o. 15K3
~ f\1arch 25, 2008
Page 5 of 5
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 March, 2008,
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
ELLEN T, CHADWELL, ESQUIRE~~
Florida Bar No, 098386 .J!\~
ATTORNEY FOR PETITIONER
0),0148/855
2