SUBJECT
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Authorize the County Attorney's Office or outside counsel to stipulate to a final judgment for Parcels 108, 109, 110/725 and 112 in the case of Polk County v. Sean Daniel Freeman, et al, an eminent domain lawsuit filed to acquire needed rights-of-way for the County Road 557 Project. ($852,331 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 108, 109, 110 and 112 are fee parcels, containing a total of approximately 7.45-acres, owned by SC Alfred LLC, a Florida limited liability company, which is needed for mainline right-of-way and for storm water retention facility for the project. Parcel 725 is a temporary construction easement parcel, containing approximately 2,540 square feet needed to harmonize a driveway with the new roadway.
The owner retained attorney Prineet Sharma, Esquire to represent its interests in this case. Through negotiations, settlement was reached which calls for payment of $1,300,000 to the owners for full payment for the taking of the parcel and all damages of any nature and payment of $231,231 for all attorney fees and expert costs. The County is entitled to a credit in the amount of $678,900, 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 $621,100. The settlement amounts will be paid within thirty (3...
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