Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - July 29, 2014
REVISED July 29, 2014 - Regular Meeting
Agenda Item #16

44th Avenue East Road Improvement Project (30th Street East to 45th Street East) /, Parcel 121, Morris H. Griggs and Anginette Griggs - Approval of Settlement


Contact and/or Presenter Information

Andrea A. Adibe, Assistant County Attorney / Sandi Murphy,  Ext. 3750

Action Requested
Approval of settlement for Parcel 121 with landowners Morris H. Griggs and Anginette Griggs in the amount of $373,442 (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. Morris H. Griggs, et al., Case No. 2014-CA-1561.

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 121 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 parent tract is improved with a single-family residence, related site improvements, and two detached garages.  It is located along the north side of 44th Avenue East at 4511 44th Avenue East and consists of 0.993 acres.  Parcel 121 is a partial taking of 0.253 acres (approximately 11,024 sq. ft.).  The site improvements contained within the take area consisted of two-board wood fencing, concrete parking pad, gravel driveway, four wood posts, sod, a railroad tie, and a natural vegetation buffer.
Pursuant to the Stipulated Order of Taking, the County deposited $113,600, which equated to the County’s appraised value, into the Registry of the Court on June 18, 2014.  The County later decided to take into account the value of the landscape buffer located on the property and calculated a revised total compensation amount of $121,000 for the property.

While the County’s appraiser and arborist concluded a value of $121,000 (to include a proposed cure plan, severance damages, and replacement of the vegetation buffer), the landowners’ appraiser and arborist, on the other hand, concluded to a value of $463,961 (to include a proposed cure plan, severance damages, and replacement value of trees and plants taken).

As a result of a Mediation Conference held June 23, 2014, the landowners agreed to accept as full compensation the amount of $266,800 for the land acquired (less the previous deposit in the amount of $113,600), attorney’s fees and costs in the amount of $50,556, and experts’ fees and costs in amount of $56,086.

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 $56,086 for all experts’ fees and costs, broken down as follows:

CALHOUN, COLLISTER & PARHAM, INC., for real estate appraisal services:  Requested Fee:  $30,599 / Settlement Amount:  $26,500

LANDON, MOREE & ASSOCIATES, INC., for engineering services:  Requested Fee:  $18,200 / Settlement Amount:  $15,165

ROBERTS HORTICULTURAL SERVICES, LLC, for arborist services:  Requested Fee:  $5,437.50 / Settlement Amount:  $4,621

R. B. ROBERTS & ASSOCIATES, INC., for construction consulting services:  Requested Fee:  $12,222.50 / Settlement Amount:  $9,800.

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

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,
Barbara Carter, Property Acquisition Division,

Cost and Funds Source Account Number and Name
$259,842 / 319–6071160 (Gas Taxes)

Amount and Frequency of Recurring Costs

Attachment:  44Ave_30-45_AerialMap_AllParcels.pdf
Attachment:  Griggs SFJ - signed.pdf