Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - March 26, 2013
REVISED March 26, 2013 - Regular Meeting
Agenda Item #30

Acquisition of property purchase, Jeffrey S. Obar and Barbara Lee Schubert, Parcel 112, 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 Warranty Deed from Jeffrey S. Obar and Barbara Lee Schubert, for the 44th Avenue East (30th Street East to 45th Street East) Road Right of Way Improvement Project in the amount of $5,000.

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 112 is improved with a single family residence located at 4537 Dover Street Circle East. The project required a partial take of 776 square feet.

• On August 30, 2012, Appraiser Dan K. Richardson, MAI, of R & W Enterprises, Inc., determined the value of the area for acquisition at: $1,300 for land.  Total appraised value of the parcel is $1,300.

• A settlement was reached at $5,000 for a partial take of the property.  Property owners have made a counter offer of $10,000 with no expert fees and costs.  The counter offer includes damages to the real estate as a result of the take.  The owner argues that current zoning allows for 4 units per acre and advised that the take will decrease the lot size and he will be unable to subdivide the lot for resale. The owners agreed to the County's proposed negotiated settlement amount on February 19, 2013, in the amount of $5,000.  This offer was forwarded to the County and subsequently a contract in the amount of $5,000 has been prepared and executed by the owner.  There are no attorney fees or other expert fees associated with this agreement.  This settlement represents an increase of $3,700 above the Board's approved offer of $1,300.  This administrative increase is justified by the attached backup justification that illustrates total potential exposure avoidance from continued litigation of approximately $33,497.80 to the County with acceptance of this settlement.

• The contract for Sale and Purchase for a Warranty Deed is hereby submitted to the BCC for execution in the amount of $5,000.

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 obar 112.pdf
Attachment:  backup justification obar 112.pdf
Attachment:  44th Ave E 30th-45th St Loc Map.pdf