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

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


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

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

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