SUBJECT
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Approve the Stipulated Final Judgement with PH Citrus, LLC for PRWC Parcel Number 5038 Permanent and Temporary Construction Easements (Action)
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DESCRIPTION
On March 19, 2024, the Tenth Judicial Court for Polk County approved a Stipulated Final Judgement to acquire easements on parcel 5038, owned by PH Citrus, LLC., based upon the PRWC's power of Eminent Domain. Through this process the PRWC and PH Citrus negotiated the compensation owed to PH Citrus for the permanent and temporary easement.
Pursuant to the negotiated terms, PH Citrus will receive $223,325 for one permanent easements (3.079 acres) and one temporary construction easements (0.60 acres). The acquisition of the easements results in the loss of 227 citrus trees and the relocation of existing irrigation mains, fencing, and gates.
The PRWC appraised cost for the permanent and temporary construction easements was $106,150. The appraised cost did not include the value of the citrus trees within the easement or impacts to the existing irrigation system. PH Citrus provided a counteroffer to the PRWC appraised value inclusive of the cost for citrus tree loss, irrigation system relocation, and land value of $409,410. Following negotiation an agreement was reached with PH Citrus, LLC at a cost to the PRWC of $223,325 based upon the following breakdown:
Land cost for the 5038 PE & TCE $106,150 (PRWC appraisal amount)
Irrigation replacement costs $3,675
Citrus tree loss cost $113,500
TOTAL $223,325
The increase in the amount of compensation provided to PH Citrus, LLC above the PRWC appraised value is considered reasonable and appropriate given the additional items considered such as citrus tree loss and changes to the grove irrigation system. The PRWC is also required to pay statutory attorney fees mandated under Florida law of $38,733.75. There are no additional expert fees. The total cost for the easement is $262,058.75.
The negotiated settlement has n...
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