www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 17, 2014
June 17, 2014 - Regular Meeting
Agenda Item #18


Subject
9th Street East Road Improvement Project (53rd Avenue East to 57th Avenue East), Parcel 104, Sandra K. Drach, as Successor Trustee of The Robert B. Walton Revocable Trust dated September 6, 2007 - Approval of Settlement

Briefings
None

Contact and/or Presenter Information
Andrea A. Adibe, Assistant County Attorney / Sandi Murphy,  Ext. 3750

Action Requested

FORM OF MOTION:
Approval of settlement for Parcel 104 with landowner, Sandra K. Drach, as Successor Trustee of The Robert B. Walton Revocable Trust dated September 6, 2007, in the amount of $123,128 (inclusive of $85,000 for the land taken, $7,128 for attorney’s fees and costs, and $31,000 for experts’ fees and costs) in the eminent domain case of Manatee County v. Bradenton THCI Holding Company LLC, etc., et al., Case No. 2009-CA-3661.



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 104 in fee simple, as part of the 9th Street East Road Improvement Project (53rd Avenue East to 57th Avenue East), by Order of Taking entered May 4, 2010.

The parent tract is improved with a single-family residence and associated site improvements.  It is located along the east side of 9th Street East at 5411 9th Street East and consists of 0.453 acres.  Parcel 104 is a partial taking of 0.057 acres (approximately 2,468 sq. ft.).  The site improvements contained within the take area consisted of wood fencing with wood posts, swing gates, railroad ties, chain-link fencing, asphalt, trees and landscaping plants, sod, wiring and lights, and irrigation.

Pursuant to the Order of Taking, the County deposited $32,750, which equated to the County’s appraised value, into the Registry of the Court on May 14, 2010.

While the County’s appraiser concluded a value of $32,750, the landowner’s appraiser, on the other hand,  concluded to a value of $125,500 (to include a proposed partial cure plan costing $46,200, land damages of $17,300, and improvement damages of $41,300).

As a result of negotiations, the landowner agreed to accept as full compensation the amount of $85,000 (less the previous deposit in the amount of $32,750), exclusive of attorney’s fees and costs and experts’ fees and costs.  

In an eminent domain action, the County is required to pay the landowner’s statutory attorney’s fees and costs and reasonable and necessary experts’ fees and costs.  This settlement contemplates the full payment of attorney’s fees and costs in the amount of $7,128 to the landowner’s attorney.

The County received and reviewed detailed invoices from the landowner’s experts and negotiated a settlement in the amount of $31,000 for all experts’ fees and costs, broken down as follows:

CALHOUN, COLLISTER & PARHAM, INC., for real estate appraisal services:  Requested Fee:  $22,249 / Settlement Amount:  $19,000

DIAZ PEARSON & ASSOCIATES, INC., for engineering services:  Requested Fee:  $14,967.50 / Settlement Amount:  $12,000.

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 attached Stipulated Final Judgment and other necessary documents.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.

Reviewing Attorney
Adibe

Instructions to Board Records
E-mail an approved copy of this agenda item to each of:
Andrea A. Adibe, Assistant County Attorney,
andrea.adibe@mymanatee.org
Sandi Murphy, County Attorney’s Office,
sandra.murphy@mymanatee.org
John Agostinelli, Manager, Property Acquisition Division,
john.agostinelli@mymanatee.org
Barbara Carter, Property Acquisition Division,
barbara.carter@mymanatee.org

Cost and Funds Source Account Number and Name
$90,378 / 323-6040460 (2004 Transportation Bonds)

Amount and Frequency of Recurring Costs
N/A


Attachment:  Aerial Map_MC Survey Division Prep_Rev 2009_1015.pdf
Attachment:  SFJ Walton p104 partially executed.pdf