Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - March 7, 2017
March 7, 2017 - Regular Meeting
Agenda Item #40

Permanent Drainage and Flowage Easement Deed and Agreement between BH Caruso Storage, LLC, and Manatee County for property located at Caruso Road, Bradenton, Florida 34203

Briefing Provided Upon Request

Contact and/or Presenter Information

Joy Leggett-Murphy, Property Acquisition Division Manager, Property Management, Extension 3439

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

Action Requested
  • Accept and Record Permanent Drainage and Flowage Easement Deed and Agreement from BH Caruso Storage, LLC; and
  • Record Affidavit of Ownership and Encumbrances from Eric D. Howell as Manager for BH Caruso Storage, LLC; and
  • Execution and Recording of Quit Claim Deed.

Enabling/Regulating Authority

Florida Statutes, Chapter 125; Manatee County Comprehensive Plan Goal 9.4 addresses stormwater management, flooding, and water quality.

Background Discussion
  • On July 1, 2016, the Property Acquisition Division received an application from BH Caruso Storage, LLC, to vacate an existing Drainage Easement and relocate a Drainage Easement and Stormwater Pond.
  • The Vacation Application is based on requirements stipulated in the approval of Final Site Plan approval Case Number: PDMU-01-04/FSP-06-02.
  • The Final Site Plan approval is for development of an 89,600 square foot mini warehouse, located at the northwest corner of the intersection of Caruso Road and State Road 70 East.
  • Jurisdictional reviews by appropriate County departments and private utility companies serving the location were notified of the intention to file a vacation.
  • After review, the County Surveyor provided comments, concerning the description and sketches provided in the application. 
  • After his review, the Stormwater Engineering Division Manager issued a Memorandum, outlining application requirements for approval of the Final Site Plan.
  • Property Acquisition has confirmed that all comments, requirements, and conditions by the respective departments have been addressed.
  • Staff coordinated with the County Attorney's Office in the review and preparation of a Drainage and Flowage Easement Deed and Agreement for the relocation. 
  • The County Attorney's Office prepared and distributed a final document for review and comments from staff. 
  • The County Attorney's Office then completed their review of the application package and a Memorandum was issued.
  • The Memorandum provided direction regarding vacation of easements possessed by the County by virtue of an easement instrument from a private property owner.
  • The authorized representative for the applicant was notified and acknowledged that a Quit Claim Deed is necessary to accomplish the vacation of the drainage easement, as recommended in the Memorandum.
  • A Permanent Drainage and Flowage Easement Deed and Agreement was executed by the applicant and hereby presented for consideration, acceptance, and execution by the Board.
  • Staff drafted a Quit Claim Deed to vacate that portion of the existing drainage easement that will be replaced by the Drainage and Flowage Easement attached hereto.
  • Upon acceptance and execution of the Permanent Drainage and Flowage Easement Deed and Agreement, the  Board is then requested to grant and execute the Quit Claim Deed for the County to vacate and abandon its interest in the existing Drainage Easement.

County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other

Reviewing Attorney

Instructions to Board Records

Please notify Larry Decker at larry.decker@mymanatee.org and Robert F. Greene at rgreene@manateelegal.com of recording information.

Cost and Funds Source Account Number and Name
$115.50 Recording fee to 001-0020505 Property Management Core Fund

Amount and Frequency of Recurring Costs

Attachment:  BH Caruso Storage, LLC_Permanent Drainage and Flowage Easement Deed and Agreement.pdf
Attachment:  BH Caruso Storage, LLC_Affidavit of Ownership and Encumbrances.pdf
Attachment:  Response to CAO Matter No. 2016-0689 dtd 12.20.16.pdf
Attachment:  Caruso Rd at State Road 70 E - Braden River-Loc Map.pdf
Attachment:  Caruso Storage Facility Quitclaim Deed.pdf
Attachment:  Caruso Rd at State Road 70 E - Braden River - Lake DrainEsmt C-Loc Map.pdf