www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 17, 2014
REVISED June 17, 2014 - Regular Meeting
Agenda Item #17


Subject
9th Street East Road Improvement Project (53rd Avenue East to 57th Avenue East), Parcel 103, The Estate of Robert B. Walton, Deceased, and Gwendolyn Walton, as widow of Robert B. Walton, Deceased - 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 103 with landowners, The Estate of Robert B. Walton, Deceased, and Gwendolyn Walton, as widow of Robert B. Walton, Deceased, in the amount of $502,085 (inclusive of compensation for the land taken and all attorney’s fees, experts’ fees, and costs) in the eminent domain case of Manatee County v. Bradenton THCI Holding Company LLC, etc., et al., Case No. 2009-CA-3661.



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 103 in fee simple, as part of the 9th Street East Road Improvement Project (53rd Avenue East to 57th Avenue East), by Stipulated Order of Taking entered December 1, 2010.

The parent tract is improved with a single-family residence and miscellaneous site improvements.  It is located along the east side of 9th Street East at 5415 9th Street East and consists of 7.526 acres.  Parcel 103 is a partial taking of 0.776 acres (approximately 33,810 sq. ft.).  The site improvements contained within the take area consisted of a steel and PVC pipe gate, a dirt and shell drive, trees/berm vegetation, and a personal mailbox.

Pursuant to the Stipulated Order of Taking, the County deposited $227,950, which equated to the County’s appraised value, into the Registry of the Court on December 15, 2010.

While the County’s appraiser concluded a value of $227,950, the landowners’ appraiser, on the other hand, concluded to a value of $885,300 (to include a proposed partial cure plan costing $35,900 and severance damages of $577,100).

As a result of negotiations, the landowners agreed to accept as full compensation the amount of $453,960 (less the previous deposit in the amount of $227,950), inclusive of attorney’s fees and costs but exclusive of experts’ fees and costs.

In an eminent domain action, the County is required to pay the landowners’ reasonable and necessary fees and costs.  The County received and reviewed detailed invoices from the landowners’ experts and negotiated a settlement in the amount of $48,125 for all experts’ fees and costs, broken down as follows:

CALHOUN, COLLISTER & PARHAM, INC., for real estate appraisal services:  Requested Fee:  $18,949 / Settlement Amount:  $13,500

DIAZ PEARSON & ASSOCIATES, INC., for engineering services:  Requested Fee:  $39,908.75 / Settlement Amount:  $32,000

PEARSON PLANNING SERVICES, INC., for real estate planning services:  Requested Fee:  $3,062.50 / Settlement Amount:  $2,625.

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 attached Stipulated Final Judgment and other necessary documents.



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
E-mail an approved copy of this agenda item to each of:
Andrea A. Adibe, Assistant County Attorney,
andrea.adibe@mymanatee.org
Sandi Murphy, County Attorney’s Office,
sandra.murphy@mymanatee.org
John Agostinelli, Manager, Property Acquisition Division,
john.agostinelli@mymanatee.org
Barbara Carter, Property Acquisition Division,
barbara.carter@mymanatee.org

Cost and Funds Source Account Number and Name
$274,135 / 323-6040460 (2004 Transportation Bonds)

Amount and Frequency of Recurring Costs
N/A


Attachment:  Aerial Map_MC Survey Division Prep_Rev 2009_1015.pdf
Attachment:  SFJ Walton p103 partially executed.pdf