Title:
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A proposed Stipulated Final Judgment in the amount of $800,379.00 between Seminole County and Catherine Tonks, DVM d/b/a South Seminole Animal Hospital regarding Parcel 106 of the Oxford Road Improvement Project and as part of eminent domain proceedings in Seminole County Case Number 2021-CA-2978. District4 - Lockhart (John Slot, Public Works Director)
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Division:
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Public Works - Engineering
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Authorized By:
John Slot, Public Works Director
Contact/Phone Number:
John Slot/407-665-5702
Background:
A portion of the property designated as Parcel 106 was acquired by the County from the fee owner of the property, Catherine Tonks, DVM d/b/a South Seminole Animal Hospital, for the County’s Oxford Road Improvement Project. The subject property, located at 102 Oxford Road within the Casselberry/Fern Park area of unincorporated Seminole County, is improved with a building owned by Respondent and used as a veterinary clinic. Respondent was named in the eminent domain case proceedings, made a claim for compensation, and has agreed to a proposed settlement with the County, subject to Board approval, that would fully resolve their claim except for an attorneys’ fee claim for nonmonetary benefits pursuant to section 73.092(1)(b), Florida Statutes.
The terms of the proposed settlement are set forth in detail below. Public Works Director John Slot, Assistant County Attorney Cassidy Perdue, and outside counsel for the Oxford Road Improvement Project, Richard Milian of Nelson Mullins Riley & Scarborough, LLP, recommend approval of the proposed settlement.
TERMS OF THE PROPOSED SETTLEMENT
The proposed settlement, if approved by the Board, would resolve all issues between the owner of Parcel 106 and the County, except for the attorneys’ fee claim for non-monetary benefits. The settlement provides as follows:
• Compensation: Catherine Tonks, DVM d/b/a South Seminole Animal Hospital shall receive $800,379.00 in compensation which is inclusive of three hundred six thousand four hundred and 00/100 dollars ($306,400.00) disbursed from the Court Registry to the Owner in July of 2022.
o Such compensation is related to the taking of Parcel 106 and includes the following 1) compensation for the land taken, 2) improvements taken, 3) cure costs, 4) all damages including severance and business damages, 5) all interest arising as a result of the County’s taking of Parcel 106, 5) $94,629.09 for attorneys’ fees and costs and 6) $85,749.91 for expert costs.
• Submission of Approved Settlement to the Court: The parties agree to submit to the Court the attached Stipulated Order of Taking and Final Judgment and the County agrees to issue payment to owners’ attorneys of four hundred ninety-three thousand nine hundred seventy-nine dollars and 00/100 dollars ($493,979.00) within 10 days from the entry of the Stipulated Final Judgment, which incorporates all final settlement terms following approval of the proposed negotiated settlement by the Board of County Commissioners.
The proposed settlement includes making the stormwater drainage connection shown in Exhibit A of the mediated settlement agreement and provides for a complete resolution of all issues as to Parcel 106, except for an additional attorneys’ fee claim for non-monetary benefits, which will be set for an evidentiary hearing. It provides certainty to the parties rather than the uncertainty of a jury trial and avoids incurring additional experts’ fees and costs for the Respondent, which the County would be statutorily required to pay. Finally, the settlement allows the County to avoid paying additional attorneys’ fees for the Respondent’s attorneys if a jury were to award a higher compensation amount.
Requested Action:
Staff requests the Board approve the proposed Stipulated Final Judgment in the amount of $800,379.00 between Seminole County and Catherine Tonks, DVM d/b/a South Seminole Animal Hospital regarding Parcel 106 of the Oxford Road Improvement Project and as part of eminent domain proceedings in Seminole County Case Number 2021-CA-2978.