Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - May 22, 2018
REVISED May 22, 2018 - Regular Meeting
Agenda Item #36

Impact Fee Credit Agreement for Conveyance of Road Right-of-Way for Fort Hamer Road


Contact and/or Presenter Information
Sia Mollanazar, P.E., County Engineer, Deputy Director-Engineering Services, Ext. 7487

Action Requested

Authorize the Chairperson to execute the "Impact Fee Credit Agreement for Conveyance of Road Right-of-Way"  for Fort Hamer Road between the County and Land Experts, Inc., a Florida Corporation.

Accept and Record Warranty Deed from Land Experts, Inc., a Florida Corporation.

Enabling/Regulating Authority

Section 125.01, Florida Statutes

Section 1106 of the Manatee County Land Development Code

Background Discussion

Land Experts, Inc., and the District Board of Trustees of the State College of Florida Manatee Sarasota (SCF) recently, simultaneously acquired the SCF property and the Land Experts property through the same prior owner.

SCF acquired the SCF property for the development as a future educational facility campus, and the Land Experts acquired the Land Experts property for the purpose of conveying it to the County for the right-of-way pursuant to this agreement.

A portion of the Fort Hamer Road right-of-way is proposed to be located within the Land Experts property as described within the Manatee County's Future Traffic Circulation Plan (the "Thoroughfare Plan").  The County has requested Land Experts to convey to the County the Fort Hamer Road right-of-way which lies within the Land Experts property, as described in the agreement. Such right-of-way acquisition will facilitate the future construction and improvement of Fort Hamer Road as a public road (the "Roadway Project"). 

In consideration of the dedication and conveyance of the Right-of-Way property to the County, the County has agreed that the owner is entitled to credits against the Multimodal Transportation Impact Fee (the "Roads Impact Fee Credits").

As the County has condemnation powers and has determined that it would condemn, by eminent domain, the right-of-way property and stormwater easement if such property was not transferred pursuant to this agreement, such transfer is, therefore, in lieu of condemnation.

The amount of Roads Impact Fee Credits to which the owner is entitled for the conveyance of the right-of-way property is in accordance with the appraisal, provided and agreed upon as per Section 1106 of the Land Development Code (LDC).   The total amount of the roadway impact fee credits shall be forty-one thousand, eighty dollars ($41,080.00) for the right-of-way property.

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

Explanation of Other

Reviewing Attorney

Instructions to Board Records

Please return the executed, original agreement(s), legal descriptions and deeds to Sia Mollanazar, P.E., County Engineer, Deputy Director -Engineering Services, Public Works Dept.

Please call Sia Mollanazar, P.E., at extension 7487, to arrange pick-up of the signed originals.

Upon complete execution by all parties, an original fully executed document will be submitted to Board Records to be recorded.

COCC:  AR700013

Cost and Funds Source Account Number and Name
$41,080.00 Impact Fee Credit for ROW property

Amount and Frequency of Recurring Costs
One-time expense

Attachment:  Impact Fee Credit Agreement for Ft Hamer ROW.pdf
Attachment:  Warranty Deed.pdf
Attachment:  ROW Site Map.pdf
Attachment:  CAO V2 - RLS-2018-0091 - Impact Fee Credit Agreement, FHE; 04092018.pdf
Attachment:  ROW Location Map - Ft Hamer Road.pdf