SUBJECT
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Approve Right-of-Way Agreement between McEnany Land Holdings, Inc., a Florida corporation, and Polk County in conjunction with the County Road 557 Project, Parcels 138, 723A, 723B and 800. ($2,730,000 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 138 is an irregular shaped fee parcel containing approximately 36,590 square feet needed for mainline right-of-way for the project. The parent property consists of three contiguous parcels, containing a total of approximately 4.25-acres, located along the west side of County Road 557 which are utilized by the owner for a commercial roofing operation. The project will necessitate the reconstruction and harmonization of the commercial driveway connection to CR 557 and Parcel 723A is a temporary construction easement parcel, containing approximately 5,675 square feet, needed for said driveway reconstruction and harmonization. The right-of-way needed for the project is in close proximity to the main office and causes a loss of parking making a site reconfiguration necessary. Additionally, the project is impacting an existing drainage facility located on the site. Parcel 723B is a temporary construction easement parcel, containing approximately eight hundred square feet needed to construct a stormwater drainage structure and swale adjacent to the right-of-way and Parcel 800 is a perpetual drainage easement parcel, containing approximately 200 square feet, needed for the operation and future maintenance of the drainage structure.
The County hired an independent appraiser to establish full compensation for the taking of Parcel Numbers 138, 723A, 723B and 800 and the owner, McEnany Land Holdings, LLC, through its attorney rejected the County’s offer. Negotiations with the owner’s attorney have resulted in a proposed settlement amount of $2,300,000 for the purchase of the parcel, which is inclusive of business damages, along with attorney’s fees and expert costs/fees in the amount of $430,000 for a total settlement of $2,730,000.
The County Attorney’s Office and the Real Estate Services Administrator have reviewed the agreement and recommend approval. The alternative of acquiring these parcels and obtaining a release of the business interests, 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 to take ownership of the parcels for the project.
RECOMMENDATION
Request Board approve the aforementioned Right-of-Way Agreement for Parcels 138, 723A, 723B and 800 and authorize the issuance of funds in the amount of $2,730,000 for the purchase, attorney’s fees and costs as stated above payable to Gaylord Merlin Ludovici & Diaz, P.A., Trust Account for disbursement.
FISCAL IMPACT
Funds are budgeted and available in the amount of $2,730,000 for the purchase of the parcels and applicable fees and costs in the Impact Fee Northeast Fund.
CONTACT INFORMATION
R. Wade Allen, Administrator
Real Estate Services
863-534-2577