SUBJECT
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Approve Mediated Settlement Agreements with KSI Enterprises, Inc. for County acquisition of Parcels 102 and104, and with Mary Elizabeth Pierce and Matthew C. Pierce for Parcel 103, all in conjunction with the CR542A (Galloway Road) at 10th Street Project. ($228,083.00 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 the greater Lakeland area. To construct the roundabout, the County must acquire additional right-of-way for the intersection from adjoining impacted property owners. After the Board authorized negotiations with impacted property owners, the County was able to acquire many of the property parcels needed for the project through negotiated Right of Way Agreements.
When it was unable to timely reach negotiated agreements with the other impacted property owners, on December 20, 2024 the County filed a Petition with the Tenth Judicial Circuit court to acquire the remaining required parcels by eminent domain. On March 10, 2025, the County sought and obtained separate Stipulated Orders of Taking with KSI Enterprises, Inc. (“KSI”), the owner of Parcel 102 and Parcel 104, and with Mary Elizabeth Pierce and Matthew Pierce (the “Pierces”), the owners of Parcel 103. Pursuant to the Orders, the County deposited into the Registry of the Court a designated amount for each parcel ($110,300.00 for Parcel 102, $23,300.00 for Parcel 103, and $41,300.00 for Parcel 104), which was then released to the respective parcel owner as a partial payment of the final compensation payable to each owner for their parcel(s).
On April 29, 2025, the County and its eminent domain counsel met with KSI and its counsel and successfully mediated the amount of compensation the County will pay for Parcel 102 and Parcel 104. Pursuant to the negotiated terms, the County will pay KSI the aggregate sum of $280,000.00 in full settlement of all claims for compensation and any and all damages for its taking those parcels. The County must also pay KSI the sum of $42,372.00 in statutorily required attorneys’ fees, and $10,900.00 in attorneys’ costs and expert fees and costs. Collectively, the agreed compensation and required fees and costs associated with taking Parcels 102 and 104 total $333,272.00. A copy of the Mediated Settlement Agreement with KSI is attached. With KSI having already received $151,600.00 from the funds the County deposited with the Court, the remaining balance due KSI is $181,672.00
The County and its eminent domain counsel also met with the Pierces and their counsel on April 29, 2025 and successfully mediated the amount of compensation the County will pay for Parcel 103. Pursuant to the negotiated terms, the County will pay the Pierces the sum of $50,000.00 in full settlement of all claims for compensation and any and all damages for its taking of Parcel 103. The County must also pay the Pierces the sum of $8,811.00 in statutorily required attorneys’ fees, and $10,900.00 in attorneys’ costs and expert fees and costs. Collectively, the agreed compensation and required fees and costs associated with taking Parcel 103 total $69,711.00. A copy of the Mediated Settlement Agreement with the Pierces is attached. With the Pierces having already received $23,300.00 from the funds the County deposited with the Court, the remaining balance due the Pierces is $46,411.00.
The County Attorney’s Office recommends approval of the Mediated Settlement Agreements. The agreements benefit the County because the agreed settlement amounts are below the owners’ experts’ opinion of compensation for the parcels, and a jury trial, which would have exposed the County to payment of additional expert fee costs, was avoided.
RECOMMENDATION
Approve the Mediated Settlement Agreements and authorize the issuance of funds payable to KSI and to the Pierces as stated in the agreements.
FISCAL IMPACT
Funds are budgeted and available within the 5-year Roads and Drainage CIP In the Transportation Trust Fund.
CONTACT INFORMATION
Heather Bryan, Assistant County Attorney
863-534-6746