www.mymanatee.org
Manatee County Government Administrative Center First Floor, Commission Chambers 9:00 a.m. - February 13, 2018
February 13, 2018 - Regular Meeting
Agenda Item #37


Subject
Execution of Contract for Sale and Purchase from Winding Roads, LLC, a Florida Limited Liability Company for the property located at 5107 44th Avenue East, Bradenton, Florida 34208; PID 1709210155

Briefings
None

Contact and/or Presenter Information

Joy Leggett-Murphy, Property Acquisition Division Manager, Property Management Department, Extension 3439

Chris Munyon, Real Property Specialist, Property Acquisition Division, Property Management Department, Extension 6285



Action Requested
  • Execution of Contract for Sale and Purchase with Winding Roads, LLC, a Florida limited liability company, for the purpose of the 44th Avenue East Road Improvement Project from 45th Street East to 44th Avenue Plaza East; and 
  • Accept Consent and Joinder; and
  • Accept Release and Waiver of Business Damages Claim.


Enabling/Regulating Authority
  • Chapter 125 and 127, Florida Statutes. Manatee County Comprehensive Plan Goal 5.1 addresses the safety and efficiency of forecasted vehicular demands.


Background Discussion
  • The 44th Avenue East Road Improvement Project from 45th Street East to 44th Avenue Plaza East was approved in FY 2014 (Project Number 6086960).
  • Parcel 117 is improved with a single-family dwelling located at 5107 44th Avenue East.
  • This parcel is an investment property of the owner and is currently tenant occupied.
  • Independence Acquisition and Appraisal, LLC, contracted to negotiate an agreement for this total acquisition.
  • On March 1, 2017, Appraiser Shawn Wilson, MAI, Compass Real Estate, determined the value of the area for acquisition consisting of land and improvements at $153,000.00.
  • Winding Roads, LLC, the owner, retained attorney Anthony V. Policastro of Policastro Law Group, LLC.
  • Mr. Policastro provided an appraisal to Independence Acquisition and Appraisal, LLC, prepared on September 7, 2017, by Matthew Ray, MAI with Cantrell Ray Real Estate, LLC. Mr. Ray, the owner's appraiser, determined the value of the property at $260,000.00.
  • A settlement was approved by Public Works in the amount of $260,760.00 for the total acquisition of the land and improvements and includes legal and expert costs. Manatee County, as the condemning authority, is required to pay a landowner's attorney fees and reasonable expert costs in eminent domain proceedings. 
  • The settlement also includes extended possession for the Tenants until June 30, 2018.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

Pamela D'Agostino consulted with Independence Acquisition and Appraisal, LLC, on drafting the Release and Waiver of Business Damage Claims and the Consent and Joinder for this tenant occupied parcel via email.

Property Acquisition verified Pamela D'Agostino consulted with Independence Acquisition and Appraisal, LLC, on drafting the Release and Waiver of Business Damage Claims and the Consent and Joinder with both parties via email, and is sufficient.



Reviewing Attorney
D'Agostino

Instructions to Board Records
Please return a copy of the executed contract to Chris Munyon at chris.munyon@mymanatee.org, Johnnie Yetter at johnnie.yetter@mymanatee.org, Eric Shroyer at eric.shroyer@mymanatee.org, and Angelia Stevenson at astevenson@iaallc.com.

Cost and Funds Source Account Number and Name
Settlement costs of $260,760.00 to 399-6086960, 44th Avenue East - 45th Street East to 44th Avenue Plaza East

Amount and Frequency of Recurring Costs
N/A


Attachment:  Contract for Sale and Purchase Parcel 117.pdf
Attachment:  Consent and Joinder Parcel 117.pdf
Attachment:  Release and Waiver of Business Damages Claim 117.pdf
Attachment:  Cost Avoidance Analysis Parcel 117.pdf
Attachment:  Location Map Parcel 117.pdf