Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 11, 2016
October 11, 2016 - Regular Meeting
Agenda Item #32

Declare property located at the northwest corner of US 301 North and Ellenton-Gillette Road, Ellenton, Florida, as Surplus Property and Authorize Its Sale.


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
ADOPT Resolution R-16-146.

Enabling/Regulating Authority
Section 125.35 Florida Statutes, and Article XII of Chapter 2-2 of the Manatee County Code of Ordinances

Background Discussion
  • Manatee County acquired two adjacent parcels of land for future roadway improvements at the intersection of US 301 and Ellenton-Gillette Road.
  • One parcel was acquired via Warranty Deed on April 29, 2014, recorded in Official Records Book 2522, Page 1429, per Public Records of Manatee County, Florida (PRMCF).
  • The adjacent parcel was acquired via Warranty Deed on May  30, 2014, recorded in Official Records Book 2525, Page 2785, PRMCF.
  • After purchase, the two separate parcels were merged into one parcel owned by Manatee County. The newly formed parcel is located to the north of Highway 301 and to the West of Ellenton-Gillette Road.
  • On August 10, 2016, a letter prepared by legal counsel representing two adjacent property owners, was addressed and hand delivered to the County Administrator.
  • The letter requested portions of the aforementioned parcel to be declared as surplus and sold to the adjacent owners through a private sale.
  • The County Administrator authorized the Property Management Department to address the request.  
  • The County Attorney's Office reviewed and opined regarding appropriate procedure for disposition of the surplus property via a private sale pursuant to Article XII of Chapter 2-2 of the Code of Ordinances of Manatee County.
  • The Public Works Department was notified of the interest of the adjacent property owners to buy a portion of the parcel described above. Furthermore, the Public Works Department was requested to evaluate the necessity to retain the portion of the parcel requested and to opine as to its potential as surplus.
  • In response to the above request, the Public Works Department issued a memorandum that released the property from the project and designated it as potential surplus.
  • The legal description and sketch for said parcel is attached to Resolution R-16-146 as Exhibit "A", and upon board approval, will be declared as surplus and the private sale procedure will move forward.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Assistant County Attorney Pamela D'Agostino provided an edited, proposed Resolution R-16-146 for consideration, and reviewed and opined regarding appropriate procedure.

Reviewing Attorney

Instructions to Board Records

Please return a certified copy of the adopted resolution to Larry Decker at 1112 Manatee Avenue West, Suite 800, Bradenton, Florida 34205.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Resolution R-16-146.pdf
Attachment:  Email correspondence from Assistant County Attorney, Pamela D'Agostino.pdf
Attachment:  Ellenton-Gillette Road US 301 property, response memorandum.pdf
Attachment:  Ellenton-Gillette Rd US301- Right-of-way Parcel - loc map.pdf