SUBJECT
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Authorize the County Attorney’s Office or outside counsel to stipulate to a final judgment for Parcel 105 in the case of Polk County v. Milton Leory Willis, Jr., et al, an eminent domain lawsuit filed to acquire needed rights-of-way for the CR 542A (Galloway Road) @ 10th Street Project. ($6,070 one-time expense)
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DESCRIPTION
The County has a Community Investment Project to improve CR 542A (Galloway Road) at 10th Street to a roundabout intersection in Lakeland. 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. Parcel 105 is a triangular shaped parcel, containing approximately 105 square feet, owned by Milton Leroy Willis, Jr and Tamara L. Willis, which is needed for right-of-way for the project.
The owners retained attorney Blake Gaylord, Esquire to represent their interests in this case. Through negotiations, settlement was reached which calls for payment of $4,500 to the owners for full payment for the taking of the parcel and all damages of any nature and payment of $2,000 for all attorney fees and expert costs. The County is entitled to a credit in the amount of $600, 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 and expert fees and costs, will be $3,900. 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 Milton Leroy Willis, Jr. and Tamara L. Willis in the total amount of $6,500 including attorney ‘s fees and expert fees and costs; (2) authorize payment of $3,900 to the Court Registry, together with associated court costs in the amount of $170, for the balance of full payment to the owners for the taking and all damages of any nature; (3) authorize payment of $2,000 to the Gaylord Merlin Ludovici & Diaz, for all attorney fees and expert fees and costs; and (4) authorize the County Attorney’s Office or outside counsel to bring this litigation to a close.
FISCAL IMPACT
The total amount of $6,070 is budgeted and available within the 5-year Roads and Drainage CIP in the Transportation Trust Fund.
CONTACT INFORMATION
R. Wade Allen, Director
Real Estate Services
863-534-2577