www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - April 25, 2017
REVISED April 25, 2017 - Regular Meeting
Agenda Item #13


Subject
9th Street East Road Improvement Project (53rd Avenue East to 57th Avenue East) / Proposed Eminent Domain Settlement with Bradenton THCI Holding Company LLC

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 Bradenton THCI Holding Company LLC (Manatee County Case No.:  2009 CA 3661) relative to the taking of Parcels 101, 700, 701A and 701B for the 9th Street East Road Improvement Project to include a Stipulated Final Judgment as to Parcels 101, 700, 701A and 701B with Incorporated Joint Motion, with total compensation in the amount of $398,439.60 (inclusive of $296,420 to the landowner for the taking, $2,019.60 for landowner’s attorneys’ fees and costs and $100,000 for landowner’s experts’ 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 101 in fee simple title and Parcels 700, 701A and 701B as temporary construction easements as part of the 9th Street East Road Improvement Project.  This project was a CIP-approved project.  The Circuit Court Order of Taking was entered on May 4, 2010.  The project (consisting of the 4-laning of the roadway, along with associated turn lanes, sidewalks, street lighting and retention ponds) has long since been constructed and is operational. 

Pursuant to the Order of Taking, the County deposited $216,800 into the Court Registry on May 14, 2010.  This amount was equal to the County’s appraised value of the parcels.  Ultimately, the County’s appraiser valued the taking at $216,800, while the landowner’s appraiser concluded the value to be $792,000.  The total value arrived at by the County’s appraiser included the following components:  $186,300 (land) + $10,250 (improvements) + $8,750 (cost to cure) + $11,500 (temporary construction easements).  The values arrived at by the landowner’s appraiser were:  $202,000 (land) + $582,000 (severance damages) + $8,000 (temporary construction easements).

As a result of informal mediation, the landowner agreed to accept as full compensation the amount of $398,439.60 (less the previous deposit in the amount of $216,800), 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.  The agreed sum of $100,000 for the landowner's expert witnesses (consisting of  3 appraisers, 2 engineers, a land planner and a surveyor) compares with their total aggregate actual billings of $122,225.

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 Stipulated Final Judgment as to Parcels 101, 700, 701A and 701B with Incorporated Joint Motion and any 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
Assuming Board approval, please e-mail an approved copy of this agenda item to each of the following:

Pamela J. D’Agostino, Assistant County Attorney, pamela.dagostino@mymanatee.org

Alicia M. Stull, Paralegal, alicia.stull@mymanatee.org

Cost and Funds Source Account Number and Name
$181,639.60; 2016 Transportation Revenue Impact Fee note Capital Projects: 399-6040460-561000/6040460-0003.

Amount and Frequency of Recurring Costs
N/A


Attachment:  Aerial Map of Subject Property.pdf
Attachment:  Sketches of Takings.pdf
Attachment:  Stipulated Final Judgment as to Parcels 101, 700, 701A&B with Incorporated Joint Motion.pdf
Attachment:  Appraisal Comparison Chart.pdf