Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - March 11, 2014
March 11, 2014 - Regular Meeting
Agenda Item #12

Ware’s Creek – Canal Dredging Project, Parcels W-261.1, W-261A.1, W-262.1, and W-262.6 (Presbyterian Retirement Communities, Inc.); Amending Resolutions R-12-107 and R-12-108 Nunc Pro Tunc


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

Action Requested


  • ADOPT Resolution R-14-029
  • ADOPT Resolution R-14-030

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.

The Board previously adopted Resolutions R-12-107 and R-12-108 on May 8, 2012, rescinding and replacing R-12-024 and R-12-025, respectively.

On May 23, 2012, Manatee County initiated eminent domain proceedings in this matter.

On June 28, 2012, an Order of Taking Hearing was held wherein a Stipulated Order of Taking as to Parcels W-261.1, W-261A.1, W-262.1, and W-262.6 was entered by the Court.  Pursuant to the Stipulated Order of Taking, Manatee County deposited the required amount into the Registry of the Court on June 29, 2012, the date Manatee County acquired ownership to the parcels.  Said funds were withdrawn by the landowner in September 2012.

The parties have agreed to mediate this matter in an attempt to resolve outstanding issues.  During mediation discussions, it came to the County’s attention that as a result of an error in the examination of title work, the legal description and sketch for Parcel W-261A.1 did not capture the entirety of the real estate needed to be acquired for the Project.  For this reason, Parcel W-261A.1 needs to be revised to increase the land area needed for improvements by approximately 10,000 sq. ft., thus requiring amendments to Resolutions R-12-107 and R-12-108.

The County and landowner’s attorney have agreed to present to the Court an Amended Stipulated Order of Taking as to Parcels W-261.1, W-261A.1, W-262.1, and W-262.6, Nunc Pro Tunc, amending Parcel W-261A.1 to reflect the additional square footage to be acquired, and requiring the County to deposit an additional $36,239 into the Registry of the Court for the acquisition of the additional square footage reflected in Amended Parcel W-261A.1.  Once the deposit is made into the Registry of the Court, title to Amended Parcel W-261A.1 will vest in the County.

Copies to:
Ron Schulhofer, Director, Public Works Department
Sia Mollanazar, P.E., Deputy Director, Engineering Services Division
Jeff Streitmatter, Manager, Project Management Division
Brent Morris, Project Manager, Project Management Division
Charlie H. Bishop, PMP, Director, Property Management Department
Margaret Daniell, Interim Manager, Property Acquisition Division
Barbara Carter, SR/WA, Real Property Supervisor, Property Acquisition
Denise Bellini, Administrative Assistant, Property Acquisition Division

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

This is a County Attorney item.

Reviewing Attorney

Instructions to Board Records

E-mail an approved copy of this Agenda Memo to:
Sandi Murphy, County Attorney’s Office (sandra.murphy@mymanatee.org)
Sia Mollanazar, Public Works Dept. (sia.mollanazar@mymanatee.org)
Jeff Streitmatter, Public Works Dept. (jeff.streitmatter@mymanatee.org)
Brent Morris, Public Works Dept. (brent.morris@mymanatee.org)
Margaret Daniell, Property Management Dept. (margaret.daniell@mymanatee.org)
Barbara Carter, Property Management Dept. (barbara.carter@mymanatee.org)
Denise Bellini, Property Management Dept. (denise.bellini@mymanatee.org)

Forward two (2) certified copies of each Resolution, with attachments, to Sandi Murphy, County Attorney’s Office (sandra.murphy@mymanatee.org)

Cost and Funds Source Account Number and Name
$36,239.00 / Manatee County Storm Water Capital Improvement: 465-6028801-561000/6028801-0003 and Southwest Florida Water Management District

Amount and Frequency of Recurring Costs

Attachment:  R-14-029 Amd Resolution of Necessity_R-12-107_NuncProTunc.pdf
Attachment:  R-14-030 Amd Resolution of Quick Take_R-12-108_NuncProTunc.pdf
Attachment:  AerialMap Parcels W261& W261A& W262.pdf