Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - August 12, 2014
August 12, 2014 - Regular Meeting
Agenda Item #13

Right-of-Way Exchange with IMG Academy, LLC – 47th Street West a/k/a Bollettieri Boulevard


Contact and/or Presenter Information
Andrea A. Adibe, Assistant County Attorney/Sandi Murphy
Ext. 3750

Action Requested
  • ADOPTION of Resolution R-14-107, authorizing an exchange of County Property (47th Street West a/k/a Bollettieri Boulevard) with IMG Academy, LLC
  • EXECUTION and RECORDING of Exchange of Property Agreement between IMG Academy, LLC, and Manatee County
  • EXECUTION of Indemnification Agreement between IMG Academy, LLC, and Manatee County

Enabling/Regulating Authority
Chapter 125, Florida Statutes

Background Discussion

IMG Academy, LLC (“IMG”), has proposed an exchange of property with Manatee County in order to improve security and protect students and visitors on its campus.  IMG plans to relocate its guard gate north on 47th Street West a/k/a Bollettieri Boulevard closer to the intersection of 47th Street West and 53rd Avenue West. 

Currently, IMG seeks to convey a 45-ft. wide fee interest, a 45-ft. wide access, drainage, and utility easement, and a 60-ft. wide access, drainage, and utility easement to Manatee County in exchange for a pre-existing 60-ft. wide road right-of-way located within the northern portion of 47th Street West.

As a result of this exchange of property, the public will still hold a continuing right to use the 60-ft. wide road right-of-way located within the northern portion of 47th Street West for vehicular travel until such time as that interest is abandoned, vacated, or otherwise properly extinguished. 

It is worth noting that IMG recently acquired the 45-ft. wide fee interest from Manatee Fruit Company by way of a Special Warranty Deed, dated May 15, 2014.  Manatee Fruit Company currently owns and maintains a private drainage ditch within the 45-ft. wide fee interest that IMG plans to convey to Manatee County as part of this transaction.  Pursuant to the Special Warranty Deed, Manatee Fruit Company reserved the private drainage easement to account for the existing drainage ditch located on the property; however, IMG has the right and obligation to relocate the drainage ditch at its own expense onto other lands owned by Manatee Fruit Company upon commencing construction of the expansion of 47th Street West.  Upon relocation, the drainage easement in favor of Manatee Fruit Company will be automatically terminated.  Manatee Fruit Company joins and consents to the Exchange of Property Agreement.

The County Attorney’s Office has requested that IMG enter into an Indemnification Agreement with Manatee County to protect the County from any and all liability that may arise as a result of this exchange of property.  IMG has agreed to indemnify, defend, save, and hold the County harmless from liability in this case and has already executed the Indemnification Agreement.

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

Pending the approval of the exchange of property by the Board of County Commissioners, IMG plans to submit an application requesting vacation of all of the County’s interest in the 60-ft. wide road right-of-way.  Pursuant to Resolution R-12-228, the Board of County Commissioners previously vacated a 60 ft. by 2,030 ft. road right-of-way located within the southern portion of 47th Street West on November 27, 2012.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.

Reviewing Attorney

Instructions to Board Records
Forward one (1) approved copy of this Agenda Memo to:
Andrea Adibe, andrea.adibe@mymanatee.org
John Agostinelli, john.agostinelli@mymanatee.org

Cost and Funds Source Account Number and Name
Costs of Recording to be charged to AR500027, Grimes Goebel, et al., attorneys for IMG Academy, LLC.

Amount and Frequency of Recurring Costs

Attachment:  Resolution R-14-107.pdf
Attachment:  Exchange of Property Agreement.pdf
Attachment:  Indemnification Agreement.pdf
Attachment:  AFD Publication Public Notice Property Exchange IMG.pdf
Attachment:  Aerial Map IMG Property Exchange.pdf