SUBJECT
title
Authorize the County Attorney’s Office or outside counsel to stipulate to a final judgment for Parcel 127 in the case of Polk County v. Meritage Homes of Florida, Inc., an eminent domain lawsuit filed to acquire needed rights-of-way for the County Road 557 Project. ($2,273,900 one-time expense)
body
DESCRIPTION
The County has a Community Investment Project to improve County Road 557 to a four-lane corridor from north of US Highway 17/92 in Lake Alfred, to south of the I-4 Interchange. To allow for the construction of the roadway improvements, the County will need to acquire additional right-of-way and easements from adjacent property owners for the project. Polk County’s Real Estate Services Director was authorized to take steps necessary to acquire those rights-of-way through negotiations and, as needed, through eminent domain lawsuits. Litigation has been filed and is proceeding. Parcels 127 is a fee parcel, containing a total of approximately 15.3-acres, owned by Meritage Homes of Florida, Inc. (“Meritage”) with a controlling contractual interest held by HR Lake Alfred Preserve, LLC (“HR”), which is needed for mainline right-of-way for the project.
Meritage and HR retained attorneys Mark R. Leavitt, Esquire and Ryan Reese, Esquire respectively, to represent their interests in this case. Through negotiations held at a mediation with all parties, proposed settlements were reached which call for payment of $99,000 to Meritage and $2,750,000 to HR for full payment for the taking of the parcel and all damages of any nature. The proposed settlements also call for the payment of $50,000 for attorney fees and expert costs for Meritage and for payment of $491,800 for attorney fees and expert costs for HR. The County is entitled to a credit in the amount of $1,116,900, which was previously deposited into the Registry of the Court pursuant to a court order; therefore, the balance due to Meritage and HR, exclusive of attorney’s fees and expert fees and costs, will be $1,732,100. The settlement amounts will be paid within thirty (30) days of the entry of the Final Judgment.
RECOMMENDATION
(1) Authorize the County Attorney’s Office and outside counsel to stipulate to a Final Judgment with Meritage and HR in the amounts of $149,000 and $3,241,800, respectively, including attorney ‘s fees and expert fees and costs; (2) authorize payment of $50,000 to the Dean Mead Law Trust Account for attorney fees and costs for Meritage; (3) authorize payment of $491,800 to the Moore Bowman & Reese, P.A., Trust Account for attorney fees and costs for HR; (3) authorize payment of $1,732,100 to Stacy M. Butterfield, Clerk of Court for Meritage and HR to be deposited into the Court Registry; and (4) authorize the County Attorney’s Office or outside counsel to bring this litigation to a close.
FISCAL IMPACT
The total amount of $2,273,900 is budgeted and available within the 5-year Roads and Drainage CIP in the Impact Fee Zone “A” Fund.
CONTACT INFORMATION
R. Wade Allen, Director
Real Estate Services
863-534-2577