SUBJECT
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Authorize the County Attorney’s Office or outside counsel to stipulate to a final judgment for Parcels 105 and 106 in the case of Polk County v. Sean Daniel Freemen, et al, an eminent domain lawsuit filed to acquire needed rights-of-way for the County Road 557 Project. Also authorize the conveyance of the County’s interest in remnant Parcel 301-R in conjunction therewith. ($38,300 one-time expense)
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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 105 and 106 are fee parcels, containing approximately 1,215 square feet and 775 square feet, respectively, owned by Sean Daniel Freeman and Doris Freemen, which are needed for mainline right-of-way for the project. The County appraisal estimated the value of full compensation for both parcels at $26,700.
The owners retained attorney Blake H. Gaylord, Esquire to represent their interests in this case. Through negotiations, settlement was reached which calls for payment of $30,000 to the owners for full payment for the taking of the parcels and all damages of any nature, payment of $34,500 for all attorney fees and expert costs, and the conveyance of a remnant right-of-way parcel identified as Parcel 301-R to the Owners within twenty (20) day of the entry of the judgment. The County is entitled to a credit in the amount of $26,700, 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 $3,300. The settlement amounts will be paid within thirty (30) days of the entry of the Final Judgment.
RECOMMENDATION
(1) Authorize County Attorney and outside counsel to stipulate to a Final Judgment with Sean Daniel Freeman and Doris Freeman in the total amount of $64,500 including attorney ‘s fees and expert fees and costs; (2) authorize payment of $3,300 to the Court Registry, together with associated court costs in the estimated amount of $500, for the balance of full payment to the Owners for the taking and all damages of any nature (3) authorize payment of $34,500 to the Trust Account of Gaylord, Merlin, Ludovici and Diaz as payment for all attorney fees and expert fees and costs; (4) authorize the conveyance of the County’s interest, including any interests that may otherwise be reserved by Florida Statute, in Parcel 301-R to Sean Daniel Freeman and Doris Freemen; and (5) authorize the County Attorney or outside counsel to bring this litigation to a close.
FISCAL IMPACT
The total amount of $38,300 is budgeted and available within the 5-year Roads and Drainage CIP in the Impact Fee District “D” Fund.
CONTACT INFORMATION
R. Wade Allen, Director
Real Estate Services
863-534-2577