Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - January 26, 2016
January 26, 2016 - Regular Meeting
Agenda Item #18

45th Street East Roadway Improvement Project (State Road 70 East to 44th Avenue East) / authorization to commence and prosecute eminent domain proceedings

Briefing Provided Upon Request

Contact and/or Presenter Information
Pamela J. D’Agostino
Assistant County Attorney
Ext. 3750

Action Requested
Adopt Resolutions R-16-009 and R-16-010 finding necessity and public purpose to acquire an interest in a certain parcel of privately-owned land and authorizing the use of “Quick Taking” procedures as related to the proposed improvements to 45th Street East from State Road 70 East to 44th Avenue East.

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

Background Discussion

Manatee County proposes to improve 45th Street East from State Road 70 East to 44th Avenue East.  This is an approved Capital Improvement Project.

The County has notified the fee owners of  their rights and responsibilities pursuant to Section 73.015, Florida Statutes, and has attempted to negotiate in good faith to purchase the property.  As no agreement has been reached as to the amount of compensation to be paid for the parcel, the County must proceed with filing an eminent domain action.

The owners of the land to be acquired are Paul A. Yoder and Linda Marie Yoder.  This property is the residence of the Yoders.  The interest to be acquired is fee simple. 

The appraised value of the property, as determined by an independent real estate appraiser,  is $280,000.

The County seeks to acquire the whole property (1.67 acres) for a necessary storm water retention pond.

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.

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 two (2) certified copies of each resolution with attachments to Pamela J. D’Agostino, Assistant County Attorney.
Forward one (1) approved copy of this Agenda Memo to Alicia M. Stull (alicia.stull@mymanatee.org).

Cost and Funds Source Account Number and Name
382-6025662-561000/6025662-0003 (Road Impact Fees) - The eventual cost to Manatee County of condemning this land is unknown.

Amount and Frequency of Recurring Costs

Attachment:  Aerial Map.pdf
Attachment:  R-16-009 Necessity Resolution.pdf
Attachment:  R-16-010 Quick Taking Resolution.pdf