|Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - December 13, 2016|
Agenda Item #13
Wares Creek Storm Water Flood Control Project / Proposed Eminent Domain Settlement with Presbyterian Retirement Communities, Inc.
Briefing Provided Upon Request
Contact and/or Presenter Information
Pamela J. D’Agostino, Assistant County Attorney
FORM OF MOTION: Motion to (1) approve the proposed settlement with Presbyterian Retirement Communities, Inc. (Manatee County Case No.: 2012 CA 3442) relative to the taking of Parcels W-261.1, W-261A.1, W-262.1 and W-262.6 for improvements to the Wares Creek Storm Water Flood Control Project to include a Second Amended Stipulated Order of Taking as to Parcels W-261.1, W-261A.1, W-262.1 and W-262.6, Nunc Pro Tunc, and Stipulated Final Judgment as to Parcels W-261.1, W-261A.1, W-262.1 and W-262.6, with total compensation in the amount of $761,300 (inclusive of $430,300 to the landowner for the taking, $150,000 for landowner’s attorneys’ fees and costs and $181,000 for landowner’s experts’ fees and costs), and (2) authorize the County Attorney or his designee to sign all necessary paperwork associated with the aforementioned settlement.
Article X, Section 6 of the Florida Constitution, along with Chapters 73, 74 and 127, Florida Statutes.
Manatee County acquired Parcels W-261.1, W-261A.1 and W-262.1 in fee simple title and Parcel W-262.6 as a temporary construction easement as part of the Wares Creek Storm Water Flood Control Project. This project was a CIP-approved project. The Circuit Court Order of Taking was entered on June 28, 2012. Later, it was learned that additional land needed to be acquired. The additional acquisition was made by an Amended Stipulated Order of Taking, Nunc Pro Tunc, as to Parcels W-261.1, W-261A.1, W-262.1 and W-262.6 entered June 18, 2014.
Pursuant to those Orders, the County deposited $200,350 and $36,239, respectively, into the Court Registry. This amount was equal to the County’s appraised value of the original and amended parcels at those respective times. Ultimately, the County’s appraiser valued the taking at $204,750, while the landowner’s appraiser concluded the value to be $1,895,500. The total value arrived at by the County’s appraiser included the following components: $132,650 (land) + $18,800 (improvements) + $50,850 (cost to cure) + $2,450 (temporary construction easement). The values arrived at by landowner’s appraiser were: $176,600 (land) + $1,298,400 (improvements) + $314,100 (severance damages) + $103,400 (cost to cure) + $3,000 (temporary construction easement).
As a result of two all-day mediation conferences, the landowner agreed to accept as full compensation the amount of $761,300 (less the previous deposits in the amount of $236,589), inclusive of attorneys’ fees (for both monetary and non-monetary benefits) and experts’ fees and costs. In an eminent domain action, the County is required to pay a landowner’s attorneys’ fees and costs and reasonable and necessary experts’ fees and costs.
This recommended settlement takes into account the relative strengths and weaknesses in the case, the value of the property acquired, and the estimated costs associated with further litigation including a jury trial.
Based on the foregoing, it is recommended that the Board approve the proposed settlement and authorize the County Attorney’s Office to execute the Second Amended Stipulated Order of Taking as to Parcels W-261.1, W-261A.1, W-262.1 and W-262.6, Nunc Pro Tunc, and the Stipulated Final Judgment as to Parcels W-261.1, W-261A.1, W-262.1 and W-262.6 and any other necessary documents.
County Attorney Review
Other (Requires explanation in field below)
Explanation of Other
This is a County Attorney item.
Instructions to Board Records
Upon Board acceptance, please e-mail an approved copy of this agenda item to each of the following:
Pamela J. D’Agostino, Assistant County Attorney, firstname.lastname@example.org
Sia Mollanazar, PE, Deputy Director of Engineering Services, email@example.com
Alicia M. Stull, Paralegal, firstname.lastname@example.org
Cost and Funds Source Account Number and Name
465-6028801; Stormwater Capital Improvement; $524,711.00
Amount and Frequency of Recurring Costs
Attachment: Aerial Map of Subject Property.pdf
Attachment: Sketch of Takings.pdf
Attachment: Appraisal Comparison Chart.pdf
Attachment: Second Amended Stipulated Order of Taking.pdf
Attachment: Stipulated Final Judgment.pdf