SUBJECT
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Approve Right-of-Way Agreement between Thomas B. Rich, Carman Rich and Arian Rich and Polk County in conjunction with the Thompson Nursery Road Phase 1 - Segment 2 Project. ($455,000 one-time expense)
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DESCRIPTION
The County has a project to improve and realign Thompson Nursery Road from West Lake Ruby Drive to U.S. Highway 17. The project consists of primarily new alignment from US Highway 17 to a point on Eloise Loop Road to the west of West Lake Ruby. The project has been separated into four segments of the corridor due to the nature, and associated challenges, of certain portions of the alignment. Due to new residential development along the previous alignment a portion of the corridor from Rifle Range Road near its intersection with Eloise Loop Road to the planned railroad crossing, identified as Segment 2, is being realigned. An alignment study has been completed and full engineering design for this segment of the roadway is underway.
The County was contacted by Thomas B. Rich and Carman Rich, husband and wife, and Ariana Rich who are the owners of a parcel containing approximately 4.7-acres, which contains a mobile home, located along the east side of Pollard Road in the Winter Haven area. The owners expressed an interest in selling the property to the County for use in the project. The County reviewed the property and has confirmed that a portion of it will be needed for mainline right-of-way and the remainder can be utilized for a storm water retention pond site for the project. The County hired an independent appraiser to establish a value for the property and the owners rejected the County’s offer. Subsequent negotiations with the owners have resulted in a proposed purchase amount of $450,000 for the property and the owners have executed a Right-of-Way Agreement. The owners have not incurred any attorney fees or expert costs in conjunction with this acquisition.
The County Attorney’s Office and the Real Estate Services Director have reviewed the agreement and recommend approval. The alternative of acquiring this or other parcels in the future 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 and closing costs and hiring American Government Services Corporation to close the acquisition will allow the County to close the transaction and take ownership of the property for the project.
RECOMMENDATION
Request Board approve the aforementioned Right-of-Way Agreement and authorize the issuance of funds in the amount of $450,000 for the purchase. Also request the Board approve hiring American Government Services Corporation to close the transaction and approve paying estimated closing costs in the amount of $5,000 for a total amount of $455,000.
FISCAL IMPACT
Funds are budgeted and available for the purchase along with applicable closing costs in the Roads and Drainage 5-year CIP in the Impact Fee Zone A Fund.
CONTACT INFORMATION
Scott Lowery, Director
Real Estate Services
863-534-2578