HomeMy WebLinkAboutVII(A) Old Winter Garden Road Widening Project: Dolores Jansyn Agenda 12-16-2003
Item VII A
FOLEY : LARDN ER
ATTORNEYS AT LAW
111 NORTH ORANGE AVENUE,SUITE 1800
ORLANDO,FLORIDA 32801-2386
P.O.BOX 2193
ORLANDO,FLORIDA 32802-2193
TELEPHONE:407.423.7656
FACSIMILE:407.648.1743
VWVW.FOLEY.COM
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0548
TO: The Honorable Mayor and City
Commissioners of the City of Ocoee
FROM: Mary A. Doty, Assistant City Attorney
THROUGH: Paul E. Rosenthal, City Attorney
DATE: December 8, 2003
RE: Old Winter Garden Road Project: City of Ocoee v. Dolores Jansyn(Parcel 116)
Attached is an Offer of Judgment received on Parcel 116. Pursuant to Florida
Statutes §73.032, an acceptance of the Offer of Judgment must be made within thirty days which
is December 22, 2003. If this offer is rejected by the City of Ocoee and Ms. Jansyn recovers
$42,000.00 or more in a final judgment, then the City of Ocoee will be obligated to pay Ms.
Jansyn's reasonable attorneys' fees versus attorneys' fees based on the benefits obtained for the
client.
The offer is in the amount of$42,000.00. The initial offer made to Ms. Jansyn for
the purchase of her property was $27,500.00. An Order of Taking was entered on April 2, 2003
and required a deposit in the amount of$28,750.00. Acceptance of the Offer of Judgment in the
amount of $42,000.00 would result in an attorneys' fee of $4,785.00. Ms. Jansyn has not
provided the City with an appraisal report as of this date but we have been advised that Ms.
Jansyn has retained Calhoun, Dreggors & Associates as her appraiser.
The Jansyn parent tract is a 31,100 square foot vacant parcel located on the north
side of Old Winter Garden Road between Division Avenue and Jane Street. The property is
zoned A-1 Agricultural, Orange County and has an Orange County Future Land Use Designation
of Low-Medium Density. The property was appraised, however, with the highest and best use of
future medical office development. DeRango, Best & Associates appraised the property at $5.75
per square foot. The taking involves a 5,000 square foot strip taking along the property's
frontage. No severance damages were found by Mr. DeRango. The Offer of Judgment at
FOLEY&LARDNER
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ATTORNEYS AT LAW
$42,000.00 represents a $8.40 per square foot value. Although I have not been provided with an
appraisal report, the property owner's attorney, Kent Hipp, has taken issue with Mr. DeRango's
decision to exclude over twenty purchases of property by HealthCentral in the immediate
neighborhood of the subject property. Mr. DeRango has excluded these properties based on their
premium price indications and the Hospital's decision to actively seek assemblage sites for
future expansion. While I support the decision made by Mr. DeRango, it is important to
remember that the comparability of sales selected to support an appraiser's valuation
methodology is ultimately a question for the jury. Some of the excluded comparable sales result
in per square foot prices above the opinion of Mr. DeRango.
The Offer of Judgment is $13,250.00 which is 46% more than the latest DeRango
appraised value. While this percentage is higher than I would normally recommend for
settlement, I recognize that it is impossible to try this case without incurring over $13,000.00 in
costs between the petitioner and the property owner. Therefore, I recommend that the Offer of
Judgment be accepted. The Interlocal Agreement between Orange County and the City of Ocoee
for the Old Winter Garden Road Project requires County approval before the City pays over
appraised value for any parcel within Part B of the Project. The referenced property, Parcel 116,
falls within Part B of the Project. Because, however, the County is 100% responsible for the
acquisition costs of this parcel, I make my recommendation to you having first discussed it with
Orange County Staff. Orange County Staff, has now reviewed the facts as I have set forth above
and is recommending to the Orange County Board of County Commissioners that the Offer of
Judgment be accepted. The matter is scheduled to be heard by Orange County on December 16,
2003.
Although not included in the Offer of Judgment, Mr. Hipp has also provided fees
and costs information to Orange County so that all issues can be resolved and approved at the
same time. Mr. Hipp presented appraisal fees in the amount of$1,619.00, engineering fees in
the amount of$1,570.00, and Gray Robinson costs in the amount of$208.74. The County Staff
and I have both reviewed these claims and have determined that they are reasonable.
RECOMMENDATION: It is respectfully recommended that the Mayor and City
Commissioners:
Accept the Offer of Judgment and settlement of all fees and costs issues,
authorizing the Mayor and City Attorney to execute all documents necessary to finalize the
matter.
MAD/jlc
cc: Jim Gleason
David Wheeler
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FOLEY : LARDNER
ATTORNEYS AT LAW
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NUMBER; CI 03-CA-1729
DIVISION NUMBER; 32
PARCEL NUMBER: 116
Cl?Y OF OCOEE, a municipal corporation
created by and existing under the laws of
theState of Florida,
Petitioner,
v.
DOLORES JANSYN, as Successor Trustee
under the provisions of a Trust Agreement
dated the 8th day of April, 1981, and known
as Trust Number 81-0354M, et al.
Respondents.
i
OFFER OF JUDGMENT
Respondent, DOLORES JANSYN, as Successor Trustee under the provisions of
a Trust Agreement dated the 8'"day of April 1981, and known as Trust Number 91-
0354M ("Respondent"), by and through her undersigned counsel, pursuant to§ 73.032,
Florida Statutes and Rule 1.442, Florida Rules of Civil Procedure, makes the following
offer of judgment to Petitioner, CITY OF OCOEE ("Petitioner"), and states:
1. Respondent hereby offers Petitioner judgment in the sum of Forty-Two
Thousand and 00/100 Dollars ($42,000.00)in full payment for the property taken and for
all damages of any kind and nature, including interest, but excluding attorney's fees and
costs.
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ATTORNEYS AT LAW
2. This Offer of Judgment is intended to settle all pending claims between
Relspondent and the CITY OF OCOEE, exclusive of attorney's fees and costs.
3. This Offer of Judgment shall be deemed rejected unless accepted in th
manner provided by Rule and Statute.
RTIFICATE OF SERVIC
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished via U.S. Facsimile Transmission and U.S. Mail to Mary A. Doty, Esquire,
Assistant City Attorney, Foley& Lardner, PA., 111 North Orange Avenue, Suite 1800
Orlando, Florida 32801, on this 21 day of November, 2003.
Respectfully
submitted
Aoki
K NT L. HIPP, - UIRE
Florida Bar No. 0879630
DYANA L. PETRO, ESQUIRE
Florida Bar No. 0037958
GRAYROBINSON, PA,
301 E. Pine Street, Suite 1400
P. O. Box 3068
Orlando, Florida 32802-3068
Telephone: (407) 843-8880
Facsimile: (407)244-5690
Attorneys for Respondent, Dolores
Jansyn as Successor Trustee under
the provisions of a Trust Agreement
dated the 8th day of April 1981, and
known as Trust Number 91-0354M
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