| | | | | | | |  | ITEM 4.
County Attorney - Consent |
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| | | | | | | | | DATE: | September 3, 2024
| | DEPARTMENT: | County Attorney
| | REQUESTER: | Andrea Fraser
| | TITLE: | Approve Settlement in Eminent Domain Case - Lee County v. Airport I-75, LLC, et al. |
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| | | | | | | | | I. | MOTION REQUESTED | | | Approve settlement in the eminent domain case of Lee County v. Airport I-75, LLC, et al., in the amount of $5,354,000.00 as full compensation for the property interests taken, all damages including attorney’s fees for taking the property, excluding experts’ costs and attorney’s fees associated with litigating the costs. |
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| | | | | | | | | II. | ITEM SUMMARY | | | Lee County initiated condemnation litigation against Airport I-75, LLC as part of the Three Oaks Parkway Extension North Project. The project requires acquisition of fee simple interest in Parcels 516a, 517a and 517b, and a perpetual easement interest in Parcel 516b. The County’s good faith estimate of value of Parcels 516a, 516b, 517a, and 517b was $4,600,400.00. On June 6, 2023, pursuant to Florida Statute 74.051(2) and the Order of Taking, the County timely deposited $4,600,400.00 in the Court registry. |
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| | | | | | | | | III. | BACKGROUND AND IMPLICATIONS OF ACTION |
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| | | | | | | | | | A) | Board Action and Other History | | | | On May 3, 2022, the Board of County Commissioners adopted a Resolution of Necessity (No. 22-05-01) for Parcels 516a, 516b, 517a, and 517b. Lee County filed an eminent domain Petition on February 13, 2023, to acquire the property and the parties have agreed to a settlement in the amount of $5,354,000.00 as full compensation for the property interests taken, all damages including attorney’s fees for taking the property, excluding experts’ costs and attorney’s fees associated with litigating the costs. Under Florida law, Lee County, as the condemning authority, must pay for fees and costs of a property owner’s attorney and expert witnesses. The parties are currently engaged in the litigation process and have tentatively agreed to a resolution, pending Board approval. Settling this case prior to trial will eliminate additional attorney and expert witness fees and costs associated with trial. |
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| | | | | | | | | | A) | Current year dollar amount of item:
| $753,600 | | | B) | Is this item approved in the current budget? | Yes | | | C) | Is this a revenue or expense item? | Expense | | | D) | Is this Discretionary or Mandatory? | Discretionary | | | E) | Will this item impact future budgets?
If yes, please include reasons in III(D) above.
| No | | | F) | Fund: Transportation Capital Improvement
Program: Capital Projects
Project: Three Oaks North
Account Strings: 20405330700 | | | G) | Fund Type? | Other: Transportation Capital Improvement | | | H) | Comments:
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| REVIEWERS: | | Department | Reviewer | Action | Date | | County Attorney | Wesch, Richard Wm. | Approved | 8/21/2024 - 9:49 AM | | Budget Services | Guttery, Angela | Approved | 8/22/2024 - 4:15 PM | | Budget Services | Winton, Peter | Approved | 8/23/2024 - 7:08 AM | | County Attorney | Fraser, Andrea | Approved | 8/23/2024 - 9:30 AM | | County Manager | Harner, David | Approved | 8/26/2024 - 11:37 AM |
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