Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - December 16, 2014
December 16, 2014 - Regular Meeting
Agenda Item #11

44th Avenue East Road Improvement Project (30th Street East to 45th Street East) / Parcels 115A and 115B, Sue P. Kish a/k/a Sue Ann Price Kish-Robinett - Approval of Settlement


Contact and/or Presenter Information
Andrea A. Adibe, Assistant County Attorney / Sandi Murphy,  Ext. 3750

Action Requested
Approval of settlement for Parcels 115A and 115B with landowner Sue P. Kish a/k/a Sue Ann Price Kish-Robinett in the amount of $336,000 (inclusive of compensation for the land acquired and all attorney’s fees, experts’ fees, and costs) in the eminent domain case of Manatee County v. Sue P. Kish, etc., et al., Case No. 2014-CA-1558.

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 115A and 115B in fee simple, as part of the 44th Avenue East Road Improvement Project (30th Street East to 45th Street East), by Stipulated Order of Taking entered June 3, 2014.

The abbreviated parent tract is located at 4118 38th Avenue East in Bradenton, Florida.  It is located along the north side of 44th Avenue East and consists of 7.038 acres (approximately 306,558 sq. ft.).  The abbreviated parent tract is vacant and contains natural vegetation.  Parcel 115A is a right-of-way strip taking along 44th Avenue East of 0.571± acres (approximately 24,873 sq. ft.).  Parcel 115B is a detention pond taking from the southwest corner of the parent tract of 2.504± acres (approximately 109,074 sq. ft.).  Both parcels contain natural vegetation. 
Pursuant to the Stipulated Order of Taking, the County deposited $146,800, which equated to the County’s appraised value, into the Registry of the Court on June 18, 2014.

While the County’s appraiser concluded a value of $146,800 (to include severance damages), the landowner’s appraiser and land planner concluded a value of $401,800 (to include a proposed partial cure plan and severance damages).

At an all-day mediation conference held December 4, 2014 (attended by representatives of the Public Works Department and the Property Acquisition Division), the landowner agreed to accept as full compensation the amount of $271,662.60 for the land acquired and severance damages (less the previous deposit in the amount of $146,800), attorney’s fees and costs in the amount of $43,502.25, and experts’ fees and costs in amount of $20,835.15.

In an eminent domain action, the County is required to pay the landowner’s reasonable and necessary fees and costs.  The County received and reviewed detailed invoices from the landowner’s experts as follows:

CALHOUN, COLLISTER & PARHAM, INC., for real estate appraisal services:  Requested Fee:  $13,943

RAHENKAMP DESIGN GROUP, INC., for land planning services:  Requested Fee:  $6,892.15

County representatives deemed the experts' fees to be reasonable and therefore agreed not to discount same.

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.  Note that the global dollar amount of $336,000 set forth in the Stipulated Final Judgment is reflective of all of the individual components described above.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.

Reviewing Attorney

Instructions to Board Records
E-mail an approved copy of this agenda item to each of:
Andrea A. Adibe, Assistant County Attorney,
Sandi Murphy, County Attorney’s Office,
John Agostinelli, Manager, Property Acquisition Division,

Cost and Funds Source Account Number and Name
$189,200 / 382–6071160 (Impact Fees)

Amount and Frequency of Recurring Costs

Attachment:  44AveE_30-45 Aerial Map All Parcels.pdf
Attachment:  Stipulated Final Judgment (executed by GSR).pdf