|Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - April 21, 2015|
Agenda Item #10
Proposed eminent domain settlement; B & H Cattle Company, LLC, et al.; 44th Avenue East
Briefing Provided Upon Request
Contact and/or Presenter Information
Mitchell O. Palmer, County Attorney, extension 3750
Motion to (1) approve the proposed settlement with B & H Cattle Company, LLC, Leland Sly, and Burnett's Wholesale Nursery, LLC, relative to the taking of parcels 154, 164 and 164A for planned improvements to 44th Avenue East (between 19th Street and 30th Street), to include a Stipulated Order of Taking and all-inclusive compensation in the amount of $3,900,000, and (2) authorize the County Attorney or his designee to sign all paperwork associated with the aforementioned settlement.
Article X, Section 6, Constitution of the State of Florida.
Chapters 73, 74 and 127, Florida Statutes.
The land holdings of B & H Cattle, et. al, span both sides of New U.S. 301, just south of 38th Avenue East. The total holdings of B & H comprise approximately 142 acres, which is presently undeveloped and devoted to cattle grazing.
Parcel 154 is a 12.45 acre taking for roadway, drainage and retention ponds. Parcel 154 lies to the west of New 301.
Parcel 164 is a 9.79 acre taking, also for roadway, drainage and retention ponds. Parcel 164 lies to the east of New 301.
Parcel 164A is a .77 acre taking for retention pond purposes and also lies to the east of New 301.
The owners initially intended to contest the County's proposed taking and engaged in discovery efforts toward that end. The focus of the discovery efforts revealed that the owners' took issue with (1) a number of aspects of the County's roadway design, and (2) the validity and good faith of the County's appraised values.
As part of a continuing effort to resolve the parties' differences, a settlement conference was conducted in the County Attorney's Office on April 1, 2015. In attendance on behalf of the County were County Attorney Mitchell Palmer, Assistant County Attorney Andrea Adibe, Public Works Director Ron Schulhofer and Public Works Deputy Director Sia Mollanazar. In attendance on behalf of the property owners was attorney Greg Rix of the law firm of Moore Bowman & Rix in Tampa. The 4-hour conference resulted in the recommended settlement that is before the Board today.
Highlights of the recommended settlement are as follows: (1) The owners will stipulate to an immediate taking of their property in exchange for several design modifications that are acceptable to the County. (2) The County will convert portions of the proposed fee simple takes to permanent drainage easements and permanent right of way easements. (3) The County will relocate and re-shape Pond 5 on the east side of U.S. 301. (4) The County will install utility sleeves at selected points along the new edge of right of way. (5) The County will install median breaks and curb cuts at selected locations within the new roadway. (6) The owners will grant to the County a right of entry for up to seven years in order to avoid incidental trespass during construction and to harmonize the roadway and drainage improvements with the owners' remaining lands (7) The County will pay to the landowners the total sum of $3,900,000 for the land taken, improvements taken, severance damages, costs to cure, attorney's fees, expert's fees, miscellaneous costs and expenses, and all other claims of whatsoever nature.
The particulars of the various aspects of this settlement arrangement are set forth in the attached Stipulated Order of Taking and Final Judgment, and Settlement Agreement. The County will be acquiring the needed property immediately by stipulated Order of Taking. But, after the various modifications are made to the construction plans and after revised legal descriptions are prepared, the parties will present a nunc pro tunc ("now for then") Order of Taking to the court in order to formally finalize the various modifications that are being agreed on.
Attached are the following: (1) the proposed Stipulated Order of Taking and Final Judgment, with attached Settlement Agreement; (2) an aerial photograph with the takings superimposed; and (3) an appraisal comparison chart.
Note that the owners' appraiser provided comparable sales information and severance damage analyses to the County, but refrained from preparing a full narrative appraisal report in order to spare the County that expense.
County Attorney Review
Other (Requires explanation in field below)
Explanation of Other
This is a County Attorney item.
Instructions to Board Records
Email an approved copy of this agenda item to:
Cost and Funds Source Account Number and Name
$3,900,000 / 382-6045660 ((Impact Fees)
Amount and Frequency of Recurring Costs
Attachment: Stipulated OT Final Judgment with Attachments.pdf
Attachment: Aerial photo--B & H Cattle.pdf
Attachment: Appraisal Comparison Chart.pdf