www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - November 7, 2017
November 7, 2017 - Regular Meeting
Agenda Item #33


Subject
Execution of Contract for Sale and Purchase from Three Angels, Inc., for property located at 3515 U.S. Highway 301 North, Ellenton, Florida PID 927000000

Briefings
None

Contact and/or Presenter Information

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

Tim Cristello, Real Property Specialist, Property Acquisition Division, Property Management, Extension 6284.



Action Requested
  • Execution of Contract for Sale and Purchase with Three Angels, Inc., for the purpose of the Ellenton Gillette Road Intersection Improvement Project (U.S. 301 at Ellenton-Gillette Road) in the amount of $132,169.00.


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

Background Discussion
  • The Ellenton Gillette Road Intersection Improvement Project (U.S. 301 at Ellenton Gillette Road) was approved in the FY 2014-2018 CIP 381-6035161.
  • Parcel 3 is improved with a freestanding commercial building that is owned by Three Angels, Inc.  The property is leased to ISHA & NIDHI, INC., and is used as a convenience store business named "Jay's Discount Beverages."
  • The project requires a partial acquisition of 450 square feet, which is a corner clip that will cause the loss of several parking spaces and a sign pole negatively effecting customer traffic flow.
  • On July 13, 2015,  Appraiser Nicholas Chop, MAI, Florida Valuation, Inc., determined the value of the area for acquisition at $55,700.00:  Land taken, $7,450.00; Improvements, $3,300.00; Severance Damages, $43,250.00; and Cost to Cure, $1,700.00.
  • Three Angels, Inc., the owner, retained attorney Andrew G. Diaz with Gaylord, Merlin, Ludovici & Diaz.
  • Property Acquisition was assigned to handle and negotiate with the owner's attorney to reach an agreement for the land.  The owner's appraiser valued the land and severance damages at $111,500.00. 
  • A settlement was reached at $132,169.00 for land/severance as full compensation and includes legal and experts costs.  Manatee County, as the condemning authority, is required to pay a landowner's attorney fees and reasonable and necessary expert costs in eminent domain proceedings.
  • This settlement will eliminate eminent domain and additional litigation fees and costs.


County Attorney Review
Not Reviewed (No apparent legal issues)

Explanation of Other


Reviewing Attorney
N/A

Instructions to Board Records

Please return a copy of the executed contract to Tim Cristello, Property Acquisition Division, at Tim.Cristello@mymanatee.org.

Please email a copy of the executed contract to Michael Sturm at Michael.Sturm@mymanatee.org and Johnnie Yetter at Johnnie.Yetter@mymanatee.org.



Cost and Funds Source Account Number and Name
Settlement costs of $132,169.00 to 381-6035161, Ellenton Gillette Road Intersection Improvement Project (U.S. 301 at Ellenton Gillette Road)

Amount and Frequency of Recurring Costs
N/A


Attachment:  Contract for Sale and Purchase Three Angels, Inc. Parcel 3.pdf
Attachment:  Cost Avoidance Analysis Three Angels, Inc Parcel 3.pdf
Attachment:  Location Map.pdf