Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - January 24, 2017
REVISED January 24, 2017 - Regular Meeting
Agenda Item #15

Permanent Right-Of-Way Easement between Frank J. and Margarete Strauss, as Co-Personal Representatives of the Estate of Henry Frederick Grauf and Manatee County, for property located at 56th Avenue West, Bradenton, Florida 34207, PID 5886800109

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 Right-Of-Way Easement from Frank J. and Margarete Strauss; and
  • Record Affidavit of Ownership and Encumbrances from Frank J. Strauss, as Co-Personal Representative of the estate of Henry Frederick Grauf; and
  • Record Affidavit of Ownership and Encumbrances from Margarete Strauss, as Co-Personal Representative of the estate of Henry Frederick Grauf.

Enabling/Regulating Authority

Florida Statutes, Chapter 125, County Government.

Manatee County Comprehensive Plan Goal 9.5 addresses the potable water system.

Background Discussion
  • The Suburban System Phase III Project was approved in the FY 2008-2012 CIP.
  • A portion of a 20-foot strip of land known as 56th Avenue West is required for the above referenced project.
  • A Memorandum was issued by the County Attorney's Office on March 9, 2015, providing recommendations for acquisition of the subject property. 
  • Research was performed by Property Acquisition staff to identify the personal representatives of the current owner for The Estate of Henry Frederick Grauf.
  • The personal representatives were then contacted and agreed to grant an easement to the County.
  • It was determined that in order for an easement to be granted, the Estate of Henry Frederick Grauf (the estate) would have to be reopened in Broward County to enable the co-personal representatives to execute the easement documents.
  • Former representative counsel for the estate was contacted and agreed to perform the necessary duties to re-open the estate.
  • The co-personal representatives also agreed, with the stipulation that they would incur no expenses related to the easement dedication.
  • Proper authorization was then requested and given by Public Works staff, and representative counsel was formally reappointed to provide legal services in Broward County. 
  • A Petition and an amended Petition to Re-Open the estate were presented to the Circuit Court of Florida for Broward County by the now reappointed counsel for the estate.
  • An order was issued from the Circuit Court of Florida for Broward County, and Letters of Administration were signed to re-open the estate for the specific purpose of executing the easement documents to Manatee County. 
  • The resulting Permanent Right-Of-Way Easement has been determined to be the appropriate method for acquisition and is hereby presented for consideration by the Board of County Commissioners.

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 Anthony Russo at anthony.russo@mymanatee.org of recording information.

CCC:  AR700013

Cost and Funds Source Account Number and Name
$98.00 Recording fee to #001-020505 Property Acquisition Core Fund.

Amount and Frequency of Recurring Costs

Attachment:  Suburban System, Ph III_Grauf, Executed Right of Way Easement.pdf
Attachment:  Suburban System, Ph III_Grauf, Executed Affidavit of Ownership and Encumbrances, Frank Strauss.pdf
Attachment:  Suburban System, PH III_Grauf, Executed Affidavit of Ownership and Encumbrances, Margarete Strauss.pdf
Attachment:  Suburban System, Ph III_Grauf-Order to Re-Open Estate.pdf
Attachment:  Suburban System Waterline Improve - loc map.pdf
Attachment:  BishopC_Memo Quiet Title 20 ft Strip-Southernaire MHP for Suburban Waterlines Project_RLS-14-016.pdf