|Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 9, 2018|
Agenda Item #17
Proposed Eminent Domain Settlement; Manatee County v. Maria Villacorta, et al.; Case No. 2018 CA 3438; Parcel 130
Briefing Provided Upon Request
Contact and/or Presenter Information
Pamela J. D’Agostino, Assistant County Attorney,
FORM OF MOTION:
Article X, Section 6 of the Florida Constitution; Chapters 73, 74 and 127, Florida Statutes; and Resolutions R-17-108 and R-17-109.
The County needed to acquire fee simple title to Parcel 130 to improve 44th Avenue East from 45th Street East to 44th Avenue Plaza East. This project is a CIP-approved project. Parcel 130 is located at 5705 44th Avenue East in Bradenton, Florida, and is approximately 0.089 acres in size. The parent parcel is improved with a single-family residence, the homestead of the current owners, Maria Villacorta and Rigoberto Villacorta.
The County’s appraiser valued Parcel 130 at $35,115, while the landowners concluded the value to be $98,990. In addition, the landowner was originally seeking $22,016.61 in statutory attorney’s fees. The Stipulated Order of Taking was entered on October 1, 2018. Pursuant to that Stipulated Order of Taking, the County must deposit $35,115 into the Court Registry on or before October 21, 2018. This amount is equal to the appraised value as determined by the County’s expert appraiser who valued the land taken at $6,800, the improvements taken at $8,500, the severance damages at $16,165, and the cure costs at $3,650.
After engaging in extensive informal negotiations with the landowners through their counsel, the landowners agreed to accept $69,000 in full settlement of this eminent domain matter. The settlement is comprised of the following components:
Total maximum exposure is estimated at $195,000. Total minimum exposure is estimated at $100,000. As in all eminent domain matters, the County is ultimately responsible for paying the reasonable fees (per the statutory formula) and costs for the landowners’ attorneys and reasonable fees for the landowners' experts.
The County Attorney’s Office believes that approving this proposed settlement is in the best interests of the County and therefore recommends that the Board approve the settlement for $69,000 in accordance with the terms outlined in the attached Stipulated Final Judgment. The recommendation to accept the terms of this settlement considers the value of the property acquired, the estimated costs associated with further litigation including a jury trial, and the relative strengths and weaknesses in the case. By approving this proposed settlement, all litigation relative to this parcel will be concluded and the County will incur no additional expense relative to this parcel.
County Attorney Review
Other (Requires explanation in field below)
Explanation of Other
This is a County Attorney item.
Instructions to Board Records
After Board action, please e-mail a copy of this agenda item to:
Pamela J. D’Agostino, Assistant County Attorney, firstname.lastname@example.org and Alicia M. Stull, Paralegal, email@example.com
Cost and Funds Source Account Number and Name
$69,000 (consisting of $35,115 previously deposited and a remaining balance of $33,885; 854-6086960-561000/6086960-0003; Transportation Revenue Note Capital Projects
Amount and Frequency of Recurring Costs
Attachment: Proposed Stipulated Final Judgment.pdf
Attachment: Proposed Order Vacating Default.pdf
Attachment: Location Map of Parcel 130.pdf
Attachment: Legal Description & Sketch of Parcel 130 (1).pdf
Attachment: Proposed Motion for Entry of Stipulated Final Judgment and Entry of Order Vacating Default.pdf