Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - March 26, 2013
March 26, 2013 - Regular Meeting
Agenda Item #31

Acquisition of property purchase, Son T. Phung, Parcel 701, 44th Avenue East (30th Street East to 45th Street East) Road Right of Way Improvement Project


Contact and/or Presenter Information
Lynn Willis, Property Management, x 6287
Joaquin Servia, Division Manager, Property Acquisition, x 3021

Action Requested
Authorization for Chairman to execute Contract for Sale and Purchase for a Temporary Construction Easement from Son T. Phung, for the 44th Avenue East (30th Street East to 45th Street East) Road Right of Way Improvement Project in the amount of $7,000.

Enabling/Regulating Authority

Section 125 seq., Florida Statutes, County Government

Background Discussion

• The original 44th Avenue East Road Right of Way Improvement Project was approved in the FY 1994/1995 CIP on February 25, 1994 and reapproved in FY 2009/2010 CIP on September 15, 2009, Resolution R-09-219.

• Parcel 701 is improved with a single family residence located at 3404 43rd Terrace East. The project required a Temporary Construction Easement of 456 square feet.

• On August 15, 2012, Appraiser Shawn Wilson, MAI, of Compass Real Estate Consulting, Inc., determined the value of the area for acquisition at: $100 for land, $900 for improvements that include  asphalt paving and curb-and-gutter.  Total appraised value of the parcel is $1,000.

• A settlement was reached at $7,000 for a temporary construction easement of the property.  Property owner through his attorney, Jack Gutman, made a counter offer of $15,000 inclusive of attorney fees and expert fees.  The counter offer includes damages to the real estate as a result of the take and additional compensation for a landscape/noise buffer.  The owner and his attorney argue that as a result of the proposed project, there will now be a divided four-lane roadway in the rear of the property, which is currently a quiet cul-de-sac, which is their reason for the claim of damages and necessity for a noise buffer. The owner, through his attorney, agreed to the County's proposed negotiated settlement on February 7, 2013, in the amount of $4,000, exclusive of a $2,000 attorney fee and $1,000 expert fees that include an appraiser and engineer.  This offer was forwarded to the County and subsequently a contract in the amount of $7,000 has been prepared and executed by the owner.  This settlement represents an increase of $3,000 above the Board's approved offer of $1,000.  This administrative increase is justified by the attached backup justification analysis that illustrates total potential exposure avoidance from continued litigation of approximately $29,916 to the County with acceptance of this settlement. 

• The contract for Sale and Purchase for a Temporary Construction Easement is hereby submitted to the BCC for execution in the amount of $7,000.

County Attorney Review
Not Reviewed (No apparent legal issues)

Explanation of Other

Reviewing Attorney

Instructions to Board Records
Please return a copy of executed contract to Lynn Willis, Property Acquisition, Property Management Department, with a copy to Christy Cultrera in Finance.

Cost and Funds Source Account Number and Name
335-6071160, 44TH Avenue East (30th Street East to 45th Street East) Road Right of Way Improvement Project

Amount and Frequency of Recurring Costs

Attachment:  Contract 701.pdf
Attachment:  backup justification 701.pdf
Attachment:  44th Ave E 30th-45th St Loc Map.pdf