Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 18, 2013
REVISED June 18, 2013 - Regular Meeting
Agenda Item #58

44th Avenue East (30th Street East to 45th Street East) Road Right of Way Improvement Project - Parcel 107 (Henry)


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 a Contract for Purchase for a Warranty Deed and attached Addendum from Michael S. Henry and Julie Childers Henry for $328,150.

Enabling/Regulating Authority

Chapters 125 and 127, Florida Statutes, Comp Plan - Goal 5.1 addresses the safety and efficiency of forecasted vehicular demands.

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 re-approved in FY 2009/2010 CIP on September 15, 2009, Resolution R-09-219.

On December 12, 2012, Appraiser Dan K. Richardson, MAI, of  R & W Enterprises, Inc., determined the value of the area for acquisition at: $54,100 for 1.207 acres of land and $200,900 for improvements that include a single family house with a two car garage and pool with screen cage, large workshop shed, landscaping and sod, decorative wood bench, gated concrete driveway, various fencing, and septic system.  Total appraised value of the parcel is $255,000.

A settlement was reached at $328,150 for a whole take of the property, including $18,150 in attorney fees and costs. No experts were hired by the property owner.  The above quoted purchase price is a negotiated figure representing a litigation avoidance settlement which eliminates additional costs for litigation, including fees for attorneys, property appraisers, land planners, engineers, and surveyors, as illustrated in the Cost Avoidance Analysis attached.

The settlement also includes the County withholding $10,000 of the proceeds in exchange for extended possession of the property. The additional time will allow the property owners opportunity to secure housing.

The Contract for Purchase for a Warranty Deed and attached Addendum are hereby submitted to the BCC for execution in the amount of $328,150.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Andrea A. Adibe, Assistant County Attorney, has reviewed the contract with the seller's attorney and appropriate comments and issues have been included in the contract to the satisfaction of both parties.

Reviewing Attorney

Instructions to Board Records

Please email a copy of the executed contract to Sandra Murphy, Legal Assistant Andrea A. Adibe, sandra.murphy@mymanatee.org, Lynn Willis, Property Management, lynn.willis@mymanatee.org, Johnnie Yetter, Project Management, johnnie.yetter@mymanatee.org, and Tracie Dill, Finance, tracie.dill@manateeclerk.com

Cost and Funds Source Account Number and Name
$328,150, 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:  44th Ave E 30th-45th St Loc Map.pdf
Attachment:  Henry_ContractForSale&Purchase_partiallyexecuted.pdf
Attachment:  justification Henry.pdf