| | | | | | | |  | ITEM 5.
County Attorney - Consent |
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| | | | | | | | | DATE: | September 3, 2024
| | DEPARTMENT: | County Attorney
| | REQUESTER: | Jennifer Gutmore
| | TITLE: | Approve Settlement with Easement Holder in Eminent Domain Case - Lee County v. Davey, et al |
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| | | | | | | | | I. | MOTION REQUESTED | | | Approve settlement in the eminent domain case of Lee County v. Davey, et al., in the amount of $2,500.00 for the easement holder Respondent, Ronald W. Canada, as full compensation for the property interests taken, all damages, including attorney's fees and costs for taking the property.
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| | | | | | | | | II. | ITEM SUMMARY | | | Lee County received an Order of Taking in the condemnation litigation against Bonnie Davey, et al., as part of the Alico Road Project. Ronald W. Canada is an easement holder for the property subject to condemnation and this settlement agreement resolves all issues with Mr. Canada's interest in the property.
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| | | | | | | | | III. | BACKGROUND AND IMPLICATIONS OF ACTION |
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| | | | | | | | | | A) | Board Action and Other History | | | | On March 7, 2023, the Board of County Commissioners adopted a Resolution of Necessity (No. 23-03-01) for Parcel 101. Lee County filed an eminent domain Petition on October 6, 2023, to acquire the property and Respondent, Ronald W. Canada, has agreed to a settlement in the amount of $2,500.00 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 as it relates to the easement holder Mr. Canada. The litigation with Ms. Davey remains pending.
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| | | | | | | | | | A) | Current year dollar amount of item:
| $2,500 | | | 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: Alico Road Connector
Account Strings: 20924530700 | | | 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 - 2:56 PM | | Budget Services | Winton, Peter | Approved | 8/23/2024 - 7:09 AM | | County Attorney | Lira, Louis C. | Approved | 8/23/2024 - 9:43 AM | | County Manager | Harner, David | Approved | 8/26/2024 - 11:40 AM |
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