www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - November 7, 2017
REVISED November 7, 2017 - Regular Meeting
Agenda Item #36


Subject
Execution of Contract for Sale and Purchase from Remer J. Clayton and Iris M. Clayton for property located at 4417 51st Street East, Bradenton, Florida 34203; PID 1709210205

Briefings
None

Contact and/or Presenter Information

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

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



Action Requested
  • Execution of Contract for Sale and Purchase with Remer J. Clayton and Iris M. Clayton for the purpose of the 44th Avenue East Road Improvement Project from 45th Street East to 44th Avenue Plaza East.


Enabling/Regulating Authority

Florida Statutes Chapters 125 and 127.  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 fiscal year 2014 (Project Number 6086960).
  • Parcel 116 is improved with a single residence that is owner occupied located at 4417 51st Street East.  This parcel is a total acquisition.
  • Independence Acquisition and Appraisal, LLC, was assigned to handle and negotiate with all the parcel owner's for this project to acquire and reach agreements with the owners.
  • On March 15, 2017, Appraiser Shawn Wilson, MAI, Compass Real Estate and Consulting, Inc., determined the value for the total acquisition for the land and improvements at $186,000.00.
  • The owners, Remer J. Clayton and Iris M. Clayton, retained attorney Anthony V. Policastro, Esquire, Policastro Law Group, LLC.  The owners' appraiser valued the land and improvements at $270,000.00.
  • A settlement was reached with the owners' attorney in the amount of $291,100.00 which includes owners' legal and expert fees.  As part of the settlement, the seller will be granted extended possession of the subject property until June 30, 2018.
  • This settlement will eliminate eminent domain and additional litigation fees and 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.


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 at Tim.Cristello@mymanatee.org and Johnnie Yetter at Johnnie.Yetter@mymanatee.org and Eric Shroyer at eric.shroyer@mymanatee.org.



Cost and Funds Source Account Number and Name
Settlement costs of $291,100.00 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 Remer Clayton and Iris Clayton Parcel 116.pdf
Attachment:  Cost Avoidance Analysis Remer Clayton and Iris Clayton Parcel 116.pdf
Attachment:  Location Map Parcel 116 .pdf