Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - November 7, 2017
REVISED November 7, 2017 - Regular Meeting
Agenda Item #20

Contract for Sale and Purchase of Parcel 121 from Timothy P. Kenney and Dorothy C. Kenney for Property Located at 4420 52nd Street East, Bradenton, Florida 34203

Briefing Provided Upon Request

Contact and/or Presenter Information
Pamela J. D’Agostino, Assistant County Attorney
Ext. 3750

Action Requested

Motion to (1) consider and accept offer to purchase from Timothy P. Kenney and Dorothy C. Kenney in the amount of $332,440 and (2) execute the Contract for Sale and Purchase of acquisition of Parcel 121 for the 44th Avenue East Road Improvement Project from 45th Street East to 44th Avenue Plaza East.

Enabling/Regulating Authority
Chapters 125 and 127, Florida Statutes.  

Goal 5.1, Manatee County Comprehensive Plan, providing for a traffic circulation system that supports the needs of the community in a sensitive, save, efficient, economical and environmentally sound manner.

Resolutions R-17-108 and R-17-109.

Background Discussion
The County needs to acquire fee simple title of Parcel 121 to improve 44th Avenue East from 45th Street East to 44th Avenue Plaza East.  This project is a CIP-approved project.  Parcel 121 is located at 4420 52nd Street East in Bradenton, Florida, is 1.002 acres in size and is improved with a single family residence, the homestead of the current owners, Dorothy C. Kenney and Timothy P. Kenney.  

The County’s appraiser valued Parcel 121 at $232,000.  In lieu of the County proceeding to acquire Parcel 121 by eminent domain, the owners have agreed to sell Parcel 121 to the County for $332,440.  This total purchase price includes the value of Parcel 121 ($300,000), moving costs ($10,000) and attorney’s fees and costs ($22,440).  When a settlement is reached between a condemning authority and a property owner prior to an eminent domain lawsuit being filed, the property owner is entitled to recover costs such as these.

Acquisition of Parcel 121 through this sale and purchase contract will eliminate the need to file an eminent domain suit to obtain this property and will avoid additional expert fees and costs and litigation costs.  The recommendation to accept the terms of this contract takes into account the value of the property acquired and the estimated costs associated with further litigation.  Based on the foregoing, it is recommended that the Board accept this offer and execute the Contract for Sale and Purchase for the acquisition of Parcel 121.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.

Reviewing Attorney

Instructions to Board Records
Upon Board action, please e-mail an approved copy of this agenda item and the fully executed contract to each of the following:

Pamela J. D’Agostino, Assistant County Attorney, pamela.dagostino@mymanatee.org

Alicia M. Stull, Paralegal, alicia.stull@mymanatee.org

Eric Shroyer, Project Manager, eric.shroyer@mymanatee.org

Charles Meador, Real Property Specialist, charles.meador@mymanatee.org

Johnnie Faye Yetter, Senior Fiscal Analyst, johnnie.yetter@mymanatee.org

Cost and Funds Source Account Number and Name
$332,440; 399-6086960, 2016 Revenue Impact Note Capital Projects

Amount and Frequency of Recurring Costs

Attachment:  Kenney Contract for Sale & Purchase.pdf
Attachment:  Parcel 121 Location Map.pdf