SUBJECT
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Authorize the County Attorney’s Office or outside counsel to stipulate to a final judgment for Parcels 101 in the case of Polk County v. SLG-SR LLC f/k/a Spirit Lake Grove LLC, an eminent domain lawsuit filed to acquire needed right-of-way for the Spirit Lake Road at Sheffield Rd/Old Bartow-Eagle Lake Road Intersection Project. ($60,781 one-time expense)
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DESCRIPTION
The County has a Community Investment Project to improve the intersection of Spirit Lake Road at Sheffield Road and Old Bartow/Eagle Lake Road by constructing a roundabout and realigning a portion of Old Bartow/Eagle Lake Road. To allow for the construction of the roadway improvements, the County will need to acquire additional right-of-way 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. Parcel 101 is a fee parcel, containing a total of approximately 29,565 square feet, owned by SLG-SR LLC f/k/a Spirit Lake Grove LLC, a Florida limited liability company, which is needed for mainline right-of-way for the project.
The owner retained attorney Prineet Sharma, Esquire to represent its interest in this case. Through negotiations, settlement was reached which calls for payment of $150,000 to the owner for full payment for the taking of the parcel and all damages of any nature and payment of $15,081 for statutory attorney fees. The County is entitled to a credit in the amount of $104,300, which was previously deposited into the Registry of the Court pursuant to a court order; therefore, the balance due to the property owner, exclusive of attorney’s fees, will be $45,700. The settlement amount 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 SLG-SR LLC f/k/a Spirit Lake Grove LLC in the total amount of $165,081 including attorney ‘s fees; (2) authorize payment of $60,781 to the Sharma Eminent Domain Lawyers Trust Account for disbursement; and (3) authorize the County Attorney’s Office or outside counsel to bring this litigation to a close.
FISCAL IMPACT
The total amount of $60,781 is budgeted and available within the 5-year Roads and Drainage CIP in the County Transportation Trust Fund.
CONTACT INFORMATION
R. Wade Allen, Director
Real Estate Services
863-534-2577