SUBJECT
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Approve Right-of-Way Agreement between Grace V. Malcolm and Polk County in conjunction with the CR 542A (Galloway Road) at 10th Street Project, Parcel 107. ($79,883 one-time expense)
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DESCRIPTION
The County has a Community Investment Project to improve CR 542A (Galloway Road) at 10th Street to a roundabout intersection in Lakeland. To allow construction of the roundabout, the County will need to acquire additional right-of-way for the intersection from impacted property owners. The Board previously adopted a resolution authorizing negotiations and written offers to be made on this project.
Parcel 107 is an irregular shaped fee parcel, containing approximately 1,253 square feet which is needed as mainline right-of-way for the project. The parent parcel is a rectangular shaped parcel, containing approximately 1-acre, located along the west side of Galloway Road which is improved with a single-family homestead residence. The County hired an independent appraiser to establish full compensation for the taking of Parcel Number 107 and the owner, Grace V. Malcolm, through her attorney rejected the County’s offer. Subsequent negotiations with the owner’s attorney have resulted in a proposed settlement amount of $65,000 for the purchase of the parcel along with attorney’s fees in the amount of $14,883 for a total settlement of $79,883.
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 and authorizing the issuance of funds for the purchase will allow the County to take ownership of the parcel needed for the project.
RECOMMENDATION
Request Board approve the aforementioned Right-of-Way Agreement for Parcel 107 and authorize the issuance of funds in the amount of $79,883 for the purchase along with attorney’s fees, as stated above, payable to Gaylord Merlin Ludovici & Diaz, Trust Account for disbursement.
FISCAL IMPACT
Funds are budgeted and available in the Roads and Drainage 5-year CIP in the Transportation Trust Fund.
CONTACT INFORMATION
R. Wade Allen, Director
Real Estate Services
863-534-2577