Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - August 8, 2017
August 8, 2017 - Regular Meeting
Agenda Item #20

Execution of Contract for Sale and Purchase from Ellenton Food Mart Inc. for property located at 3602 U.S. 301 North, Ellenton, Florida, PID 956600001


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 Ellenton Food Mart, Inc., for the purpose of the Ellenton Gillette Road Intersection Improvement Project (U.S. 301 at Ellenton-Gillette Road) in the amount of  $245,558.25.

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 1 is improved with a freestanding owner-operated convenience store that is owned by Ellenton Food Mart Inc.  The property owner is also the business owner doing business as Stop and Shop.
  • The project requires a partial take of 450 square feet, which is a corner clip that will cause the loss of several parking spaces and a business sign 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 $62,600.00:  Land taken, $7,450.00; Improvements, $17,050,.00; Severance Damages, $19,750.00; and Cost to Cure, $18,350.00.
  • Ellenton Food Mart, Inc., the owner, retained attorney Michael R. Whitt with Robins Kaplan, LLP.
  • On June 21, 2016, the Board of County of Commissioners authorized the County Attorney or Property Acquisition to make a counteroffer for business damages of $38,000.00 to Ellenton Food Mart, Inc., doing business as Stop and Shop.   The initial business damage offer from the owner was $117,753.00 based upon financial records prepared by the owner's certified public accountant.  This business damage report and its financial records were reviewed by staff.
  • On January 13, 2017, Property Acquisition was assigned to handle and negotiate with the owner's attorney to reach an agreement for land and business damages.  The owner's appraiser valued the land and severance damages at $122,650.00.  The owner's expert report valued the business damages at $117,753.00.  The owner's total claim for land/severance and business damages is $331,861.99 inclusive of legal and expert fees.     
  • A settlement was reached at $245,558.25 for land, severance and business damages as full compensation and includes legal and expert 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 $245,558.25 to 381-6035161, Ellenton Gillette Road Intersection Improvemnent Project (U.S. 301 at Ellenton Gillette Road).

Amount and Frequency of Recurring Costs

Attachment:  Contract for Sale and Purchase Ellenton Food Mart Inc., Parcel 1.pdf
Attachment:  Cost Avoidance Analysis Ellenton Food Mart, Inc., Parcel 1.pdf
Attachment:  Location Map Ellenton Food Mart, Inc., Parcel 1.pdf