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Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - December 15, 2015
December 15, 2015 - Regular Meeting
Agenda Item #8


Subject
Wares Creek Storm Water Flood Control Project / Proposed Eminent Domain Settlement with Bradenton Tropical Palms, Inc.

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information
Mitchell O. Palmer, County Attorney
Pamela J. D’Agostino, Assistant County Attorney
Ext. 3750


Action Requested
FORM OF MOTION:
Motion to (1) approve the proposed settlement with Bradenton Tropical Palms, Inc. (Manatee County Case No.:  2012 CA 2030) relative to the taking of Parcels E-101.1, E-101.2 and E-101.3 for improvements to the Wares Creek Storm Water Flood Control Project to include a Stipulated Amended Order of Taking as to Parcels E-101.1, E-101.2 and E-101.3, Nunc Pro Tunc and Stipulated Final Judgment and Order for Disbursement of Funds as to Parcels E-101.1, E-101.2 and E-101.3, with total compensation in the amount of $1,848,750 (inclusive of $1,681,498.19 to the owners for the taking and for owners’ attorney’s fees and costs and $167,251.81 for expert’s fees and costs), and (2) authorize the County Attorney or his designee to sign all necessary paperwork associated with the aforementioned settlement.


Enabling/Regulating Authority
Article X, Section 6 of the Florida Constitution, along with Chapters 73, 74 and 127, Florida Statutes.


Background Discussion
Manatee County acquired Parcel E-101.1 in fee simple title, Parcel E-102.1 as a permanent access, drainage and maintenance easement and Parcel E-101.3 as a permanent subterranean 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 July 11, 2012.

Pursuant to the Order of Taking, the County deposited $790,000 into the Court Registry.  This amount was equal to the County’s appraised value at that time.  Ultimately, the County’s appraiser valued the taking at $856,000, while the landowners’ appraiser concluded the value to be $3,800,500.  The total value arrived at by the County’s appraiser included the following components:  $177,000 (land) + $529,000 (improvements) + $150,000 (severance damages).  The values arrived at by the landowners’ appraiser were:  $629,100 (land) + $838,300 (improvements) + $1,669,100 (severance damages) + $293,800 (cost to cure) + $370,200 (temporary impacts).  

As a result of an all-day mediation conference, the landowners agreed to accept as full compensation the amount of $1,848,750 (less the previous deposit in the amount of $790,000), 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 a Stipulated Amended Order of Taking as to Parcels E-101.1, E-101.2 and E-101.3, Nunc Pro Tunc and Stipulated Final Judgment and Order for Disbursement of Funds as to Parcels E-101.1, E-101.2 and E-101.3 and other necessary documents.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.


Reviewing Attorney
D'Agostino

Instructions to Board Records
E-mail an approved copy of this agenda item to each of:
Pamela J. D’Agostino, Assistant County Attorney,
pamela.dagostino@mymanatee.org
Alicia M. Stull, County Attorney’s Office,
alicia.stull@mymanatee.org
Sia Mollanazar, Engineering Services Division,
sia.mollanazar@mymanatee.org


Cost and Funds Source Account Number and Name
465-6028801, Storm Water Capital Improvements – Wares Creek; $1,058,750

Amount and Frequency of Recurring Costs
N/A


Attachment:  Aerial Map of Subject Property.pdf
Attachment:  AerialOfTakes - PJD.pdf
Attachment:  Stip Amended OT as to Parcesl E-101.1, E-101.2 & E-101.3 NPT.pdf
Attachment:  Stip FJ & Order of Disbursement of Funds as to Parcels E-101.1, E-101.2 & E-101.3.pdf
Attachment:  Appraisal Comparison Chart - PJD.pdf