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Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 6, 2015
October 6, 2015 - Regular Meeting
Agenda Item #13


Subject
US 301 & Ft. Hamer Road Intersection Road Improvement Project / Proposed Eminent Domain Settlement

Briefings
Briefing Provided Upon Request

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



Action Requested
FORM OF MOTION:
Motion to (1) approve the proposed settlement with William Keith Marsh and Katherine L. Marsh (Manatee County Case No.:  2012 CA 6512) relative to the taking of Parcels 100, 102A, 102B and 107 for completed improvements to the intersection at US 301 & Ft. Hamer Road, to include a Joint Motion for Entry of Stipulated Final Judgment as to Parcels 101, 102A, 102B and 107 with compensation in the amount of $823,200 (inclusive of $750,000 to the landowners for the taking and $73,200 for attorney's fees and costs and experts' fees and costs), and (2) authorize the County Attorney or his designee to sign all 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 Parcels 100, 102A, 102B and 107 in fee simple as part of the road improvements to the intersection of US 301 & Ft. Hamer Road.  This project was a CIP-approved project.  The County acquired title by Order of Taking entered January 2, 2013.

Pursuant to the Order of Taking, the County deposited $637,900 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 $647,900 while the landowners’ appraiser concluded the value to be $875,900.  The total value arrived at by the County’s appraiser included the following components:  $500,500 (land) + $72,000 (improvements) + $50,500 (severance damages) + $24,900 (cost to cure).  The corresponding values arrived at by the landowners’ appraiser were:  $543,200 (land) + $76,900 (improvements) + $233,300 (severance damages) + $22,500 (cost to cure).  An appraisal comparison chart is attached. 

At the conclusion of a lengthy formal mediation conference on September 11, 2015, the landowners agreed to accept as full compensation the amount of $750,000 (less the previous deposit in the amount of $637,900), exclusive of attorney’s fees and costs and experts’ fees and costs.   

In an eminent domain action, the County is required to pay a statutory attorney’s fee for the landowners' attorney, as well as the landowners' reasonable costs and reasonable and necessary experts’ fees.

Originally, the landowners sought payment of experts' fees and costs totaling $42,562.40.  The experts were a real estate appraiser and a land planner.  Through the negotiation process, the landowners agreed to discount these fees to the amount of $36,207.  The attorney’s fees are determined by statute and total $36,993.  This settlement contemplates a combined cost for the landowners’ experts and attorney’s fees and costs in the amount of $73,200.

The agreements reached at the mediation conference are contingent upon approval by the Board of County Commissioners.   

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 Joint Motion for Entry of Stipulated Final Judgment as to Parcels 101, 102A, 102B and 107 and other necessary documents.
 



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.

Reviewing Attorney
Palmer

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@mymantee.org
Alicia Stull, County Attorney’s Office,
alicia.stull@mymantee.org
Tracy Hanrahan, County Attorney’s Office
tracy.hanrahan@mymanatee.org
Sia Mollanazar, Engineering Services Division
sia.mollanazar@mymanatee.org

Cost and Funds Source Account Number and Name
$185,300 / 380-6061960

Amount and Frequency of Recurring Costs
N/A


Attachment:  AerialMap_P100,102AB&107_Marsh.pdf
Attachment:  Before and After Sketch.pdf
Attachment:  Stipulated Final Judgment as to Parcels 100, 102A, 102B and 107.pdf
Attachment:  Appraisal Comparison Chart.pdf