SUBJECT
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Authorize the County Attorney's Office and outside counsel to stipulate to a Final Judgment for Parcel 143 in the case of Polk County v. Meritage Homes of Florida, Inc., et al, an eminent domain lawsuit filed to acquire needed rights-of-way for the County Road 557 Project. ($225,900.00 one-time expense)
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DESCRIPTION
The County has a Community Investment Project to improve CR557 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 must acquire rights-of-way from adjoining impacted property owners. The Board previously authorized Polk County's Real Estate Services Director 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. One such lawsuit is pending for Parcel 143, owned by TBC Metal Structures, LLC, case number 2024CA-1473 in the Tenth Judicial Circuit.
On September 10, 2024, the County sought and obtained a Stipulated Order of Taking with TBC Metal Structures, LLC. Pursuant to the Order, the County deposited into the Registry of the Court a designated amount for said parcel ($48,100.00), which was then released to the respective parcel owner as a partial payment of the final compensation.
On or about November 21, 2025, the County and its eminent domain counsel and counsel for TBC Metal Structures, LLC successfully negotiated a settlement. Pursuant to the negotiated terms, the County will pay TBC Metal Structures, LLC a global settlement totaling $274,000.00 in full settlement of all claims for compensation and any and all damages for its taking of the parcel, This global settlement is inclusive of all claims, including attorney fees and costs. Less the $48,100.00 that the County deposited with the Court, the remaining balance due is $225,900.00. The settlement will be paid within thirty (30) days of th...
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