HomeMy WebLinkAboutVII (C) Pioneer Key Drainage Improvement Project: Proposed Settlement re: Parcel Nos. 2 and 3 Agenda 9-04-2001
Item VII C
FOLEY & LARDNER
ATTORNEYS AT LAw
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DENVER ORLANDO. FLORIDA 32802 2193 SAN DILL()
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LOS ANGELES ORLANDO, FLORIDA 3 2 80 1-2366 TALLAHASSEE
MADISON TELEPHONE. I40 71 4 2 3-7656 TAMPA
MILWAUKEE FACSIMILE (407) 648-1743 WASHINGTON. D.C.
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mdoty@folcylaw.com 020377/0559
MEMORANDUM
TO: The I lonorable Mayor and City Commissioners of the City of coee
FROM: Mary A. Doty, Esq., Assistant City Attorney pkia> V 1 `j
THROUGH: Paul E. Rosenthal, Esq., City Attorney
DATE: August 27, 2001
RE: Pioneer Key Drainage Improvement Project: Proposed Settlement regarding
Parcels No. 2 and 3 (Dean Harper)
As part of the Pioneer Key Drainage Improvement Project, the City acquired Parcels 2
and 3 on January 5, 2001 pursuant to an Order of Taking entered by the Circuit Court. Parcel
2 is a ±4,000 square foot lot located at 71 Sand Dollar Key Drive, improved with a 672
square foot mobile home. Parcel 3 is a 4,000 square lot located at 70 Sand Dollar Key Drive,
improved with a 684 square foot mobile home. Both lots are owned by Dean Harper and both
are located within the Pioneer Key Trailer Park. John Robinson of Property Valuation and
Consultants, Inc. appraised the properties for the City and arrived at the following values:
Parcel 2 $26,000.00
Parcel 3 $25,500.00
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The property owner's appraiser, Steve Matonis, appraised the properties at the values set forth
below:
Parcel 2 $42,500.00
Parcel 3 $42,500.00
Mr. Robinson utilized all three approaches to value and reconciled to the values set forth
above. Mr. Matonis relied solely on the income approach to value and utilized a much lower
capitalization rate.
The cases were mediated to impasse on May 14, 2001. Mr. Harper's attorney, Paul
Linder, and I, however, have continued to discuss settlement. I now have been presented with
a settlement offer of$35,450.00 for Parcel 2 and $33,950.00 for Parcel 3. Because of the
dollar amounts involved in this case, the costs of continued litigation could quickly exceed the
value of the properties. For this reason, I recommend acceptance of the settlement offers.
RECOMMENDATION: It is respectfully recommended that the Mayor and City
Commissioners approve the settlement of the eminent domain litigation for Parcels 2 and 3 by
the payment of$34,500.00 for Parcel 2 and $33,950.00 for Parcel 3, $2,000.00 to Steve
Matonis for his reasonable appraisal fees, and $5,577.00 to Paul Linder, Esq. for his
attorneys' fees, in complete satisfaction for all claims of Dean Harper, inclusive of interest and
authorizing the City Attorney or Assistant City Attorney to execute a final judgment for these
amounts.
cc: Jim Gleason, City Manager
James W. Shira, P.E., City Engineer
Paul E. Rosenthal, Esq., City Attorney
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