HomeMy WebLinkAboutV (C) Approval of the Settlement of the Eminent Domain Litigation for Parcel 125 in Old Winter Garden Road Widening Project • Agenda 6-17-2003
Item V C
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ATTORNEYS AT LAW
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ORLANDO. FLORIDA 32802-2193
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MEMORANDUM
U IEN L MATTFR NJMRER
02G3JJD548
TO: The Honorable Mayor and City
Commissioners of the City of Ocoee
FROM: Mary A. Doty, Assistant City Attorney
THROUGH: Paul E. Rosenthal, City Attorney
DATE: June 6, 2003
RE: Old Winter Garden Road Widening Project:
Proposed Settlement with Louis R. Seybold (Parcel 125)
As part of the Old Winter Garden Road Widening Project, the City acquired
Parcel 125 on April 21, 2003, pursuant to an Order of Taking entered by the Circuit Court.
Parcel 125 is a ± 2.13 acre parcel that was formerly owned by Mr. Seybold. Parcel 125 is
located on the south side of Old Winter Garden Road just west of the East-West Expressway and
east of the Falcon Pointe subdivision. Parcel 125 is a total taking and the property is needed for
storm water retention for the Project. Parcel 125 is unimproved. The property is zoned R-1-AA,
Single Family Dwelling District (Orange County) and has a future land use designation of Low
Density Residential (Orange County). The property is suitable for a six to seven lot single
family residential subdivision.
The City had Parcel 125 appraised by Dan DeRango who appraised the land at
S95,850.00 or S45,000 per acre. A copy of the appraisal report is available in the Clerk's office
for your review. On December 11, 2002, City Staff made an offer to purchase Parcel 125 to Mr.
Seybold for the sum of $95,850.00, subject to City Commission approval. In response to the
City's offer, Mr. Seybold did not counter-offer and retained counsel.
As mentioned above, the City acquired title to Parcel 125 on April 21, 2003. Mr.
Seybold has now consulted with an appraiser who has opined that the property is worth
$55,000.00 per acre ($117,150.00). Mr. Seybold, however, is willing to settle the valuation issue
at $108,438.00. Although the proposed settlement is 13% above the City's appraised value, in
my opinion this number is within the range of reason. Continuing to litigate this matter in hopes
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006.295036.1
FOLEY : LARDNER
of obtaining a settlement or a verdict more favorable to the City would not be cost effective. Not
only does the condemning authority have to pay the reasonable expenses of the property owner's
experts if the matter were to go to trial, the City would incur expert and attorneys' fees of its
own. There is no guarantee that the City would achieve a better result than the $108,438.00
settlement. Along with this settlement offer, Mr. Seybold has requested the payment of$350 in
appraisal fees and $4,154.04 in legal fees. I have determined that the $350 appraisal fee is
reasonable and that the legal fees have been calculated according to the statutory formula.
The cost of this acquisition is governed by the Interlocal Agreement between the
City of Ocoee and Orange County. This property is in Part B which obligates Orange County to
pay 100% of the acquisition cost for the property. The Interlocal Agreement also requires
Orange County approval for payments or settlements above appraisal value. This matter is
scheduled to be heard by the Orange County Board of County Commissioners on June 1 n, '2003,
as a Consent Agenda item.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners approve
the settlement of the eminent domain litigation for Parcel 125, fonnerly owned by Louis
Seybold, by payment of the following amounts:
$108,438.00 to Louis Seybold (less the $95,850.00 previously deposited in the
Court Registry)
$ 4,154.04 to James M. Spoonhour, Esq.
$ 350.00 to Integra Realty Resources, and
authorizing the City Attorney or Assistant City Attorney to execute a final judgment for these
amounts.
cc: Jim Gleason
David Wheeler
2
006.295036.1