Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 12, 2013
February 12, 2013, Regular Meeting
Agenda Item #13

Ware’s Creek, Phase III, Authorization to commence and to prosecute eminent domain proceedings, Permanent Easement, Parcel W-280.2, DeSoto Oaks Ventures, LLC


Contact and/or Presenter Information
Rodney C. Wade, Assistant County Attorney / Sandi Murphy
Ext. 3750

Action Requested

Adoption of Resolution R-13-022, determining public purpose and necessity for the acquisition of a certain parcel of privately owned realty, as related to the proposed dredging of Ware’s Creek.

Adoption of Resolution R-13-023, authorizing the use of eminent domain “quick take” proceedings in the acquisition of a certain parcel of privately owned realty, as related to the proposed dredging of Ware’s Creek.

Enabling/Regulating Authority
Chapters 73, 74, and 127, Florida Statutes

Background Discussion

Manatee County proposes to construct a storm water improvement project within the Ware’s Creek flood plain to relieve periodic flooding of properties downstream.  The Ware’s Creek storm water improvement project area includes that area of land in the 100-year flood plain of the creek beginning at Cortez Road West and 9th Street West proceeding north through the city limits of Bradenton to the Manatee River.  This project is a CIP-approved project.

A 1,127 sq. ft. Permanent Easement, Parcel W-280.2, is required on property owned by DeSoto Oaks Ventures, LLC, located on 9th Street Court West.  The County’s expert appraiser, L. Burl Wilson, MAI, has concluded to an appraised value of $2,500.

The County has previously notified the fee owner and business owner of their rights and obligations pursuant to Section 73.015, Florida Statutes.  The time period by which the County must wait in order to file suit has expired.  The Property Acquisition Division has requested the County Attorney’s Office to commence and prosecute eminent domain proceedings in order to acquire the remaining necessary interests.

Specific information on the appraised value of the land to be acquired can be provided at the time of presentation of this matter, if the Board so desires.

Copies to:

Ron Schulhofer, Director, Public Works Department
Sia Mollanazar, P.E., Deputy Director, Engineering Services Division
Jeff Streitmatter III, P.E., Manager, Project Management Division
Walter Sowa, Project Manager, Project Management Division
Charlie H. Bishop, PMP, Director, Property Management Department
Joaquin Servia, Manager, Property Acquisition Division
Barbara Carter, SR/WA, Real Property Supervisor, Property Acquisition

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 three (3) certified copies of each Resolution, with attachment, to Assistant County Attorney, Rodney C. Wade. 
Forward one (1) approved copy of this Agenda Memo to Assistant County Attorney, Rodney C. Wade (rodney.wade@mymanatee.org).

Cost and Funds Source Account Number and Name
$2,500.00 / Manatee County Storm Water Capital Improvement 465-6028801-561000/6028801-003

Amount and Frequency of Recurring Costs

Attachment:  AerialMap_Parcel W280.2_PermanentEasement.pdf
Attachment:  Resolution R-13-022.pdf
Attachment:  Resolution R-13-023.pdf