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File #: 25-2095   
Type: PRWC Agenda Item Status: Closed
File created: 10/30/2025 In control: Polk Regional Water Cooperative
On agenda: 11/19/2025 Final action:
Title: Approve the Mediated Settlement with Korosh and Christiane Kiandost for PRWC Parcel Number 5074 Permanent and Temporary Construction Easements (Action)
Attachments: 1. SKM_C450i25111215340, 2. SKM_C450i25111215380, 3. H.5 Mediated Agreement
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SUBJECT

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Approve the Mediated Settlement with Korosh and Christiane Kiandost for PRWC Parcel Number 5074 Permanent and Temporary Construction Easements (Action)

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DESCRIPTION

Following a mediation session on October 7, 2025 between the PRWC and the property owners and their attorney, the PRWC reached a monetary settlement regarding easement 5074 Permanent and Temporary Construction Easements (Exhibit A).    

Pursuant to the negotiated terms, the property owner of this parcel will receive $135,000 for a permanent easement totaling 0.70 acres and a temporary construction easement totaling 0.29 acres.  The PRWC appraisal update amount for the permanent and temporary construction easements was $31,200.  The property owner (through his attorney) initially countered at $359,080.  After a series of cost exchanges, a settlement was reached at $135,000, which is $103,800 above the appraised value and $224,080 below the property owner’s initial offer.  The increase in the amount of compensation provided to the property owner above the appraised value is considered reasonable and appropriate for a likely future residential subdivision.  In addition, the PRWC is impacting development potential around a small lake on the property. 

The PRWC negotiated owner expert fee invoices in the amount of $40,000.   Statutory attorney fees mandated under Florida law are $25,410.   The total cost for the easement is $200,410. 

The negotiated settlement has numerous benefits to the PRWC as outlined below:

1)                     The settlement is $224,080 less than the owner’s opinion of compensation;

2)                     A jury trial was avoided, which would have exposed the PRWC to an additional estimated $300,000-$400,000 in costs;

3)                     The PRWC transmission line can remain as designed despite impacts to a potential future residential/commercial property.

Easements were acquired from the property owner by an Order of Taking on April 18, 2024.  The PRWC attorney will file the Stipulated Final Judgement for the parcel to finalize the agreement upon Board approval.

 

RECOMMENDATION

Approve the Mediated Settlement with Korosh and Christiane Kiandost for PRWC Parcel Number 5074 Permanent and Temporary Construction Easements.

 

 

 

FISCAL IMPACT

The mediated settlement provides that the PRWC will pay $200,410 (inclusive of attorney and expert fees) for PRWC Parcel Number 5074 Permanent and Temporary Construction Easements.  These costs are anticipated to be reimbursed through a Heartland Headwaters Protection and Sustainability Act grant.  A total of $21,229,000 is budgeted for Southeast Wellfield Transmission Main land costs. 

 

CONTACT INFORMATION

Eric DeHaven