www.mymanatee.org
Manatee County Government Administrative Center First Floor, Commission Chambers 9:00 a.m. - February 13, 2018
REVISED February 13, 2018 - Regular Meeting
Agenda Item #17


Subject
9th Street East Road Improvement Project (53rd Avenue East to 57th Avenue East) / Proposed Eminent Domain Settlement; Case No. 2009 CA 3661

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 Defendant Austerman, Inc., doing business as A & A Auto Recycling in Manatee County Circuit Case No. 2009 CA 3661 relative to the taking of Parcel 102 for improvements to 9th Street East as delineated in the attached Stipulated Final Judgment as to Parcel 102 and (2) authorize the County Attorney or his designee to execute the attached Joint Motion for Entry of Stipulated Final Judgment as to Parcel 102 and all other necessary paperwork associated with said 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 102 in fee simple title as part of the 9th Street East Road Improvement Project.  This project was a CIP-approved project.  The Stipulated Order of Taking was entered on December 1, 2010.  Pursuant to that Stipulated Order of Taking, the County deposited $126,150 into the Court Registry on December 15, 2010.  This amount was equal to the appraised value as determined by the County’s expert appraiser who valued the land taken at $57,100, the improvements taken at $5,500, the severance damages at $19,200, and the cure costs at $44,350.  

The landowner’s appraiser concluded the total value of the taking to be $718,900 ($63,400 for the land taken, $15,800 for the improvements taken and $639,700 for the cure costs).  The landowner also asserted that business damages associated with lost parking were incurred and ultimately, the landowner’s business damages expert arrived at a business damages claim of $519,000.  After analyzing the impacts of the project on the business, the County’s business damages expert valued the business damages incurred as a result of the taking to be $109,317.  Finally, the landowner was seeking experts’ fees and costs of $241,874 and attorney’s fees and costs of $196,506.  The total amount sought by the landowner and his counsel for the land and improvements taken, the severance and business damages, the cure costs, the attorneys’ fees and the experts’ fees and costs was $1,676,280.

An all-day mediation conference was conducted on January 11, 2018.  The County was represented at mediation by County Attorney Mitchell Palmer, Assistant County Attorney Pamela D'Agostino, and Deputy Public Works Director Sia Mollanazar.

At the conclusion of that conference, the landowner agreed to accept $1,062,000 (less the previous deposit in the amount of $126,150) in full settlement of all claims for compensation for the taking of Parcel 102, including the value of the land and improvements taken, the severance and business damages, the cure costs, the attorneys’ fees and costs, and the experts’ fees and costs and all other damages claimed arising from this eminent domain case.  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.  Mediated settlements are contingent upon review and approval of 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 the Joint Motion for Entry of Stipulated Final Judgment as to Parcel 102 and any other necessary documents in furtherance of this settlement.


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

Sia Mollanazar, County Engineer, sia.mollanazar@mymanatee.org


Cost and Funds Source Account Number and Name
$935,850; 2016 Transportation Revenue Impact Fee note Capital Projects: 399-6040460-561000/6040460-0003.

Amount and Frequency of Recurring Costs
N/A


Attachment:  Stipulated Final Judgment as to Parcel 102.pdf
Attachment:  Joint Motion for Entry of Stipulated Final Judgment as to Parcel 102.pdf
Attachment:  Location Map of Subject Property.pdf
Attachment:  Legal Description and Sketch of Taking.pdf
Attachment:  Eminent Domain Comparison Chart.pdf