Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a .m. - June 16, 2015
June 16, 2015 - Regular Meeting
Agenda Item #41

Impact Fee Agreement for Conveyance of Road Right-Of-Way and Related Easements between Lake Flores East, LLC, Lake Flores I, LLC, and Manatee County


Contact and/or Presenter Information

John Agostinelli, Division Manager, Property Acquisition, Property Management, Extension 3021

Larry Decker, Real Property Specialist, Property Acquisition Division, Property Management, Extension 6287

Action Requested
  • Execution of Impact Fee Credit Agreement for Conveyance of Road Right-Of-Way and Related Easements from Lake Flores East, LLC, and Lake Flores I, LLC, for dedication of easements required for the 53rd Avenue West - 43rd Street West to Roundabout Road Improvement Project #6082960; and
  • Accept and Record Affidavit of Ownership and Encumbrances from Whiting H. Preston as Manager for Lake Flores I, LLC, and Lake Flores East, LLC. 

Enabling/Regulating Authority

Manatee County Comprehensive Plan 5.1 addresses adequacy of roadway systems.

Manatee County Land Development Code, Chapter 8, Impact Fees, Section 807, Credits.

Background Discussion
  • Manatee Fruit Company and Manatee County entered into a Local Development Agreement (LDA) on October 11, 2001, between Manatee Fruit Company Crossroads Lands and Peninsula Bay Lands for the future project now known as Lake Flores.
  • The LDA anticipated the conveyance of right-of-way and related easements for the improvement of 53rd Avenue West, Bradenton, Florida.
  • The LDA awarded impact fee credits for any such conveyances or dedications. The impact fee credit value is reserved for future transportation impacts in the development of the owner's project.
  • The 53rd Avenue West - 43rd Street West/75th Street West Road Improvement Project was approved in the FY 2013-2017 CIP.
  • The roadway improvement project will widen the existing two lane road segment to four lanes enhancing traffic flow and reducing Cortez Road traffic congestion. 
  • Lands adjacent to the roadway segment are required to facilitate the widening and improvements of 53rd Avenue West.
  • The County obtained an appraisal on July 10, 2014, valued at $764,500 for ten parcels consisting of five fee simple acquisitions, four temporary easements, and one permanent easement. All of the parcels are owned by Lake Flores I, LLC, and Lake Flores East, LLC, formerly known as Manatee Fruit Company.
  • An Impact Fee Agreement for Conveyance of Road Right-Of-Way and Related Easements was developed for the purpose of delineating the impact fee credits against future Road Impact Fees and the proportionate share contribution required for Owners project now known as Lake Flores.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
William Clague, Assistant County Attorney, advised Property Acquisition by email the Impact Fee Agreement is acceptable for consideration and approval by the Board of County Commissioners.

Reviewing Attorney

Instructions to Board Records

Please provide a certified copy of the agreement to Larry Decker at Property Acquisition Division, 1112 Manatee Avenue West, Suite 800, Bradenton, Florida 34205.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Impact Fee Credit Agreement - Lake Flores.pdf
Attachment:  Affidavit of Ownership and Encumbrances-Lake Flores.pdf
Attachment:  Manatee Fruit Appraisal Report.pdf
Attachment:  Manatee Fruit Company LDA.pdf
Attachment:  53rd AveW Parcels Location Map.pdf