Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - March 22, 2016
REVISED March 22, 2016 - Regular Meeting
Agenda Item #12

44th Avenue East Road Improvement Project / Proposed Eminent Domain Settlement; Case No. 2014 CA 1299

Briefing Provided Upon Request

Contact and/or Presenter Information
Mitchell O. Palmer, County Attorney, and Pamela J. D’Agostino, Assistant County Attorney, Ext. 3750

Action Requested

Motion to (1) approve the proposed settlement with Defendants in Manatee County Case No.:  2014 CA 1299 relative to the taking of Parcels 109A, 109B and 109C for improvements to 44th Avenue East (30th Street East to 45th Street East) to include execution of a Joint Motion for Entry of Stipulated Final Judgment as to Parcels 109A, 109B and 109C, with total compensation in the amount of $692,157.50 (inclusive of $619,000.00 for the taking, $6,300.00 for reasonable moving expenses, $55,125.00 in attorney’s fees and costs and $11,732.50 for expert’s fees and costs), and (2) authorize the County Attorney or his designee to sign all necessary paperwork associated with the aforementioned 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 Parcels 109A, 109B and 109C in fee simple title as part of the 44th Avenue East Road Improvement Project.  This project is a CIP-approved project.  The Order of Taking was entered on June 3, 2014.

Pursuant to the Order of Taking, on June 20, 2014, the County deposited $526,400.00 into the Court Registry.  This amount was equal to the County’s appraised value.  On August 5, 2014, the County issued a check to landowners’ attorney’s trust account in the amount of $6,300.00 for reasonable moving expenses pursuant to the Order of Taking.  As stated, the County’s appraiser valued the taking at $526,400.00 ($157,500.00 for the land and $368,900.00 for the improvements).  The landowners’ appraiser concluded the total value to be $712,900.00 ($619,000.00 land and improvements and $93,900.00 for damages).
Ultimately, after an informal mediation conference with the County and after reaching an agreement as to all apportionment matters with the other defendants in the case, the landowners agreed to accept as full compensation for the taking the amount of $619,000.00 (less the previous deposit in the amount of $526,400.00).  The parties also arrived at an agreement as to fees and costs for all attorneys and all experts in the amounts of $55,125.00 and $11,732.50, respectively.  In an eminent domain action, the County is required to pay attorneys’ fees and costs and reasonable and necessary experts’ fees and costs. 

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 Parcels 109A, 109B and 109C 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:
Pamela J. D’Agostino, Assistant County Attorney,
Alicia M. Stull, Paralegal, County Attorney’s Office,
Sia Mollanazar, Engineering Services Division

Cost and Funds Source Account Number and Name
$159,457.50; 319-6071160-561000/6071160-0003 & Gas Taxes

Amount and Frequency of Recurring Costs

Attachment:  Aerial Map of Subject Property.pdf
Attachment:  Stipulated Final Judgment & Joint Motion.pdf
Attachment:  Appraisal Comparison Chart.pdf