www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 3, 2014
June 3, 2014 - Regular Meeting
Agenda Item #10


Subject
U.S. 301 at Fort Hamer Road, Parcel 101, Lakeside Preserve Homeowners’ Association, Inc. - 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 101 with landowner, Lakeside Preserve Homeowners’ Association, Inc., a Florida non-profit corporation, the total settlement of $28,422 in the eminent domain case of Manatee County v. Lakeside Preserve Homeowners’ Association, Inc., etc., et al., Case No. 2012-CA-6486, Parcel 101.

This settlement includes full payment for the acquisition of the property:  $20,000 (less the County’s previous deposit amount of $6,600), subject to apportionment proceedings in accordance with Section 73.101, Florida Statutes, if any; all attorney’s fees and attorney litigation costs for monetary and non-monetary benefits and supplemental proceedings, if any:  $4,422; and all expert witness fees and costs:  $4,000.



Enabling/Regulating Authority
Article X, Section 6A of the Florida Constitution requires the payment of “full compensation” for the taking of private property for a public purpose.  Sections 73.091 and 73.092, Florida Statutes, also require the condemning authority to pay the owner’s reasonable and necessary expert witness fees and costs and statutory attorney’s fees to the owner’s counsel based on a percentage of the benefit obtained or on an hourly basis when not otherwise provided for by statute.

Background Discussion

Chapter 74, Florida Statutes, provides for possession and title in advance of entry of the final judgment.  Manatee County previously acquired Parcel 101 in Fee Simple from the landowner, Lakeside Preserve Homeowners’ Association, Inc., as part of the U.S. 301 at Fort Hamer Road Improvement Project by Order of Taking entered January 2, 2013.

The parent tract is improved with Lakeside Preserve, a single-family residence subdivision, located at 12128 56th Street East in Parrish, Florida.  Parcel 101 is a partial taking of 0.18 acres (approximately 7,841 sq. ft.) from the subdivision common area at the entrance of the subdivision.  The site improvements contained within the acquisition area acquired consist of maintained sod, minor native vegetation, an existing oak tree, and a section of underground pipe.

Pursuant to the Order of Taking, the County deposited the required amount of $6,600 into the Registry of the Court on January 15, 2013, which is the date Manatee County acquired ownership of the property.  The amount of the deposit was based upon the Order of Taking Appraisal prepared by Manatee County’s real estate appraiser Shawn E. Wilson, MAI.  The funds were withdrawn from the Registry of the Court by the landowner in June 2013.

The County’s appraiser valued the property at $6,600 as of December 19, 2012, and the landowner’s appraiser concluded to a value of $33,400 as of January 22, 2013.

As a result of negotiations, the landowner agreed to settle as full compensation for the acquisition of the property in the amount of $20,000 (less the previous Order of Taking Deposit paid in to the Registry of the Court in the amount of $6,600) for Parcel 101.  This settlement amount is subject to apportionment proceedings in accordance with Section 73.101, Florida Statutes, if any, and is exclusive of attorney’s fees and attorney litigation costs and experts’ fees and costs.

Pursuant to Section 73.092, Florida Statutes, this settlement contemplates the payment of additional funds for attorney’s fees and attorney litigation costs, inclusive of both monetary and non-monetary benefits and supplemental proceedings, if any, in the amount of $4,422 as full settlement of all attorney’s fees and attorney litigation costs to the landowner’s attorney in connection with the acquisition of Parcel 101.

In an eminent domain action, the County is required to pay the landowner’s reasonable and necessary fees and costs pursuant to Section 73.091, Florida Statutes.  The County received and reviewed a detailed invoice from the landowner’s expert appraiser and agreed to pay Hettema Saba, LLC, $4,000 for appraisal fees and costs.

This settlement takes into account the relative strengths and weaknesses in the case and the estimated costs associated with further litigation including jury trial as well as the value of the property acquired.

Based on the foregoing, it is recommended that the Board approve the proposed settlement and authorize the County Attorney or Assistant County Attorney to execute the attached Stipulated Final Judgment and other necessary forms.

It is requested (1) that a check be issued and deposited into the Registry of the Court for the sum of $13,400 representing the difference between the final settlement amount ($20,000) less the previous Order of Taking Deposit ($6,600) for the acquisition of the property from the landowner and (2) that a check be issued made payable to The Law Offices Kevin T. Wells, P.A., Trust Account, for the sum of $8,422 for all attorney’s fees and attorney litigation costs in accordance with Section 73.092, Florida Statutes, and for all expert fees and costs in accordance with Section 73.091, Florida Statutes, and same shall be mailed to Paul E. Olah, Jr., Esq., The Law Offices of Kevin T. Wells, P.A., 1800 Second Street, Suite 808, Sarasota, Florida 34236, for proper disbursement. 



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
Forward one (1) approved copy of this Agenda Memo to Sandi Murphy, County Attorney’s Office, sandra.murphy@mymanatee.org.

Cost and Funds Source Account Number and Name
$21,822 / 380-6061960 - Road Impact Fees

Amount and Frequency of Recurring Costs
N/A


Attachment:  AerialMap_P101_LakesidePreserveHOA.pdf
Attachment:  StipFJ_101_LakesidePreserveHOA.pdf