SUBJECT
title
Authorize the County Attorney's Office or outside counsel to stipulate to a final judgment for Parcel 136 in the case of Polk County v. John Storc, Candy M. Guzman, et al, an eminent domain lawsuit filed to acquire needed rights-of-way for the County Road 557 Project. ($87,700 one-time expense)
body
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. Parcel 136 is a whole take fee parcel, containing approximately 1.16-acres, owned by Candy M. Guzman, which is needed for mainline right-of-way and as part of a flood plain compensation area for the project.
The owner retained attorney John M. LeRoux, Esquire to represent her interests in this case. Through negotiations, settlement was reached which calls for payment of $185,000 to the owners for full payment for the taking of the parcel and all damages of any nature and payment of $30,500 for all attorney fees and expert costs. The County is entitled to a credit in the amount of $127,800, 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 $57,200. 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 Candy M. Guzman in the total amount of $215,500 including att...
Click here for full text