File #: 24-2021   
Type: Consent Agenda Status: Passed
File created: 10/16/2024 In control: Board of County Commissioners
On agenda: 11/5/2024 Final action: 11/5/2024
Title: Approve Right-of-Way Agreement between Guillerimo J. Iglesias and Beatriz H. Iglesias, and Polk County in conjunction with the County Road 557 Project, Parcel 128. ($388,856 one-time expense)
Attachments: 1. ROW Agmt - CR 557 - Pcl 128 - Iglesias - Backup

SUBJECT

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Approve Right-of-Way Agreement between Guillerimo J. Iglesias and Beatriz H. Iglesias, and Polk County in conjunction with the County Road 557 Project, Parcel 128.  ($388,856 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 128 is a nearly rectangular shaped fee parcel, containing approximately 3.9-acres, needed for mainline right-of-way.  The parent parcel is a vacant, rectangular shaped parcel, containing approximately 90-acres 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 128 and the owners, Guillerimo J. Iglesias and Beatriz H. Iglesias, husband and wife, through their attorney, rejected the County’s offer.  Subsequent negotiations with the owners’ attorney have resulted in a total settlement amount of $388,856 for the purchase of the parcel inclusive of all attorney’s fees and expert’s costs.

The County Attorney’s Office and the Real Estate Services Director 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, along with attorney fees and expert costs, will allow the County to close the transaction and acquire the parcel needed for the project.

RECOMMENDATION

Request Board approve the aforementioned Right-of-Way Agreement for Parcel 128 and authorize the issuance of funds in the amount of $388,856 for the purchase of the parcel along with attorney’s fees and costs as stated above payable to Miller Troiano, P.A., Trust Account for disbursement.

FISCAL IMPACT

Funds are budgeted and available in Roads and Drainage 5-year CIP in the Impact Fee Zone A Fund.

CONTACT INFORMATION

R. Wade Allen, Director

Real Estate Services

863-534-2577