www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - January 27, 2015
January 27, 2015 - Regular Meeting
Agenda Item #6


Subject
Right-of-Way Exchange with Neal Communities of Southwest Florida, LLC – Realignment of a Portion of Tuttle Avenue

Briefings
None

Contact and/or Presenter Information

Andrea A. Adibe, Assistant County Attorney / Sandi Murphy, Ext. 3750



Action Requested
  • ADOPTION of Resolution R-15-018, authorizing an exchange of County Property (Tuttle Avenue, the portion of the roadway located directly south of Whitfield Avenue) with Neal Communities of Southwest Florida, LLC.
  • EXECUTION and RECORDING of Exchange of Property Agreement and Conveyance between Neal Communities of Southwest Florida, LLC, and Manatee County.


Enabling/Regulating Authority
Chapter 125, Florida Statutes

Background Discussion

On March 6, 2014, Manatee County and Neal Communities of Southwest Florida, LLC (“Neal Communities”), entered into a Reimbursement Agreement whereby both parties agreed to exchange property in order to effectuate the realignment and construction of Tuttle Avenue, the portion of the roadway located directly south of Whitfield Avenue pursuant to Section 125.37 of the Florida Statutes. 

Manatee County acquired fee simple title to Tuttle Avenue by way of a corrective warranty deed, dated March 31, 2008, for the purpose of constructing a roadway.  The property commences at the intersection of Whitfield Avenue and Tuttle Avenue and consists of 3.4516± acres.  The property proceeds in a southeasterly direction from the southern right-of-way line of Whitfield Avenue; it curves to the east and eventually terminates near the south line of the Northwest 1/4 of the Northwest 1/4 of Section 28, Township 35 South, Range 18 East, Manatee County, Florida.  This portion of Tuttle Avenue is unimproved; however, it is featured in the Thoroughfare Maps/Table Section of the Manatee County Comprehensive Plan, and the intended plan for the roadway is for it to be a 120-foot, 4-lane collector road.  

Currently, Neal Communities owns fee simple title to property located southwest of this portion of Tuttle Avenue and it also owns fee simple title to all of the property located east of this portion of the road.  The portion of the property that Neal Communities intends to convey to Manatee County consists of 3.1702± acres.

According to staff, Neal Communities is in the process of developing the property for residential use and has requested the exchange of property with the County in order to realign Tuttle Avenue to accommodate for the construction of additional improvements at this location.  In essence, the newly proposed alignment will change the roadway from a curved road to a relatively straight road.

Pursuant to Section 2 of the Reimbursement Agreement, Developer’s Role, Neal Communities agreed to design, permit, construct, and dedicate the realigned portion of Tuttle Avenue to Manatee County, as well as dedicate or convey a non-exclusive public flowage easement for the storm water ponds for the road which are to be maintained by Neal Communities.  Manatee County agreed to reimburse Neal Communities a fixed sum for the engineering costs and also reimburse it for actual costs “incurred by the Developer [which are] reasonably related to the construction of that portion of the Tuttle [Avenue]” as described in the Reimbursement Agreement.  It is worth noting that according to representatives of Neal Communities, it plans to convey the non-exclusive public flowage easement for the storm water ponds mentioned in the Reimbursement Agreement to the County at a later date.

Section 125.37 of the Florida Statutes permits Manatee County to exchange county-owned property.  However, prior to doing so, the Board of County Commissioners must pass a resolution finding that such an exchange is in the best interests of the County and that such exchange has been published for two (2) weeks in a newspaper of general circulation in Manatee County.   The exchange of property associated with this matter was published in the Sarasota-Herald Tribune for two (2) weeks prior to presentation of this matter before the Board.

By entering into the Reimbursement Agreement on March 6, 2014, with Neal Communities, the Board of County Commissioners decided that the exchange of property with Neal Communities for the realignment of Tuttle Avenue is in the best interest of the County.

For the County to completely divest its interests in the County-owned property involved in this matter, it is recommended that the Board proceed with the formal vacation procedures outlined in Section 336.09 of the Florida Statutes after completing this exchange of property transaction.  The Property Acquisition Division has also submitted a companion agenda item requesting that the Board adopt Resolution R-15-019 authorizing staff to publish notice of the hearing for vacation of the County’s property in a newspaper of general circulation in Manatee County. 



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.

Reviewing Attorney
Adibe

Instructions to Board Records

Forward two (2) fully executed originals of the Exchange of Property Agreement and Conveyance with attachments to Andrea A. Adibe, Assistant County Attorney, for distribution.

E-mail an approved copy of this Agenda Item and copy of the recorded Exchange of Property Agreement and Conveyance to:
Andrea A. Adibe, Assistant County Attorney, andrea.adibe@mymanatee.org
John Agostinelli, Manager, Property Acquisition, john.agostinelli@mymanatee.org 



Cost and Funds Source Account Number and Name
Costs of Recording to be charged to Neal Communities of Southwest Florida, LLC

Amount and Frequency of Recurring Costs
N/A


Attachment:  Exchange of Property Agreement & Conveyance.pdf
Attachment:  Proposed Resolution R-15-018.pdf
Attachment:  Proof of Publication_Neal Communities_Exchange of Property_Sarasota Herald.pdf
Attachment:  Neal Communities ROW - loc map.pdf