|Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 6, 2015|
Agenda Item #13
US 301 & Ft. Hamer Road Intersection Road Improvement Project / Proposed Eminent Domain Settlement
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 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.
Article X, Section 6 of the Florida Constitution, along with Chapters 73, 74, and 127, Florida Statutes.
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.
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.
County Attorney Review
Other (Requires explanation in field below)
Explanation of Other
This is a County Attorney item.
Instructions to Board Records
E-mail an approved copy of this agenda item to each of:
Pamela J. D’Agostino, Assistant County Attorney,
Alicia Stull, County Attorney’s Office,
Tracy Hanrahan, County Attorney’s Office
Sia Mollanazar, Engineering Services Division
Cost and Funds Source Account Number and Name
$185,300 / 380-6061960
Amount and Frequency of Recurring Costs
Attachment: Before and After Sketch.pdf
Attachment: Stipulated Final Judgment as to Parcels 100, 102A, 102B and 107.pdf
Attachment: Appraisal Comparison Chart.pdf