Legislation Details

File #: 24-0016   
Type: Consent Agenda Status: Passed
File created: 1/8/2024 In control: Board of County Commissioners
On agenda: 1/23/2024 Final action: 1/23/2024
Title: Approve Right-of-Way Agreement between Ry Ty One, LLC a Florida limited liability company, and Polk County in conjunction with the County Road 557 Project, Parcel 102. ($176,200 one-time expense)
Attachments: 1. ROW Agmt - CR557 - Pcl 102 - Ry Ty One, LLC - Backup
SUBJECT
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Approve Right-of-Way Agreement between Ry Ty One, LLC a Florida limited liability company, and Polk County in conjunction with the County Road 557 Project, Parcel 102. ($176,200 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 102 is a whole take fee parcel needed for main line right-of-way and the construction and maintenance of a storm water retention pond for the project. The parcel is a vacant, rectangular shaped parcel, containing approximately 16,300 square feet, located along the west side of County Road 557. The County hired an independent appraiser to establish full compensation for the taking of Parcel Number 102 and the owner, Ry Ty One, LLC, through its attorney rejected the County's offer. Subsequent negotiations with the owner's attorney have resulted in a proposed settlement amount of $160,000 for the purchase of the parcel along with statutory attorney's fees in the amount of $13,200 for a total settlement of $173,200.

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, authorizing the issuance of funds for the purchase, fees and costs and hiring Government Services Corporation to close the transaction will allow the County to take ownership of the parcel for the project.

RECOMMENDATION
Request Board approve the aforementioned Right-of-Way Agreement for Parcel 102 and author...

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