SUBJECT
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Approve Right-of-Way Agreement between Deborah Shulte and Polk County in conjunction with the County Road 557 Project, Parcel 717. ($26,120 one-time expense)
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DESCRIPTION
The County has a Community Investment Project to improve County Road 557 to a four-lane corridor from north of US Highway 17/92 in Lake Alfred, to south of the I-4 Interchange. To allow construction of the new roadway, the County will need to acquire additional right-of-way for the corridor from impacted property owners. The Board previously adopted a resolution authorizing negotiations and written offers to be made on this project.
Parcel 717 is a temporary construction easement parcel needed for the reconstruction and harmonization of a residential driveway serving the adjacent property. The parcel is a rectangular shaped parcel containing approximately 280 square feet located along the easterly (front) boundary of the parent parcel. The parent parcel is a rectangular shaped parcel containing approximately 2-acres which is improved with a single-family residence. The County hired an independent appraiser to establish full compensation for the taking of Parcel 717 and the owner, Deborah Schulte, through her attorney rejected the County's offer. Subsequent negotiations with the owner's attorney have resulted in a proposed settlement amount of $20,000 for the purchase of the parcel along with attorney's fees and expert fees/costs in the amount of $6,120 for a total proposed settlement of $26,120.
The County Attorney's Office and the Real Estate Services Administrator have reviewed the agreement and recommend approval. The alternative of acquiring this parcel through condemnation litigation would result in substantial cost to the County. Approving the Right-of-Way Agreement and authorizing the issuance of funds for the purchase, along with attorney fees and expert costs will allow the County to close the transaction and acquire the temporary construction easement need...
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