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Request the Board approve the proposed Stipulated Order of Taking and Final Judgment in the amount of $265,000.00 between Seminole County and RDC Altamonte Spring, LLC, regarding Parcels 104 B & C of the Hillview Drive Improvement Project and as part of eminent domain proceedings in Seminole County Case Number 2025-CA-001128. District3 - Constantine (Stephen Koontz, Deputy Director, Resource Management)
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Division:
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Resource Management - Real Estate
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Authorized By:
Shane Fischer, Real Estate Division Manager
Contact/Phone Number:
Neil Newton/407-665-5711
Background:
Seminole County previously declared the property designated as Parcels 104 B & C necessary for the Hillview Drive Improvement Project and authorized negotiations with the fee owner, RDC Altamonte Springs, LLC, to acquire the property. The subject property, located near 601 Hillview Drive within Altamonte Springs, is improved with a building owned by Respondent and used for storage. 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.
The terms of the proposed settlement are set forth in the attached Stipulated Order of Taking and Final Judgment, summarized below. Real Estate Division Manager, Shane Fischer, Assistant County Attorney Cassidy Perdue, and outside counsel for the Hillview Drive Improvement Project, Jay Small of Dinsmore & Shohl 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 104 B & C and the County. The settlement provides as follows:
• Compensation: RDC Altamonte Springs shall receive $265,000.00 in compensation globally.
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 Parcels 104 B & C, and 5) $44,780.00 for attorneys’ fees and 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. The County would pay a sum of two hundred twenty thousand two hundred twenty and 00/100 dollars ($220,200.00) into the court registry, which would then be paid to the owner. The County also agrees to issue payment to owners’ attorneys of forty-four thousand seven hundred eighty and 00/100 dollars ($44,780.00) within 30 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 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 Order of Taking and Final Judgment in the amount of $265,000.00 between Seminole County and RDC Altamonte Springs, LLC regarding Parcels 104 B & C of the Hillview Drive Improvement Project and as part of eminent domain proceedings in Seminole County Case Number 2025-CA-001128.