Legislation Details

File #: 24-0947   
Type: Consent Agenda Status: Passed
File created: 6/4/2024 In control: Board of County Commissioners
On agenda: 6/18/2024 Final action: 6/18/2024
Title: Approve Right-of-Way Agreement between Sean West Cooper and Julie L. Cooper and Polk County in conjunction with the County Road 557 Project, Parcel 720. ($5,837 one-time expense)
Attachments: 1. ROW Agmt - CR 557 - Pcl 720 - Cooper - Backup

SUBJECT

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Approve Right-of-Way Agreement between Sean West Cooper and Julie L. Cooper and Polk County in conjunction with the County Road 557 Project, Parcel 720.  ($5,837 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 720 is a temporary construction easement parcel needed for the reconstruction and harmonization of a residential driveway serving the adjacent property.  The parcel is a rectangular shaped parcel containing approximately 260 square feet located along the easterly (front) boundary of the parent parcel.  The parent parcel is a rectangular shaped parcel containing approximately 2.1-acres which is improved with a single-family residence.  The County hired an independent appraiser to establish full compensation for the taking of Parcel 720 and the owners, Sean West Cooper and Julie L. Cooper, through their attorney rejected the County’s offer.  Subsequent negotiations with the owner’s attorney have resulted in a proposed settlement amount of $2,900 for the purchase of the parcel along with attorney’s fees and expert costs/fees in the amount of $2,937 for a total settlement of $5,837.

 

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 and 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 temporary construction easement needed for the project.

 

RECOMMENDATION

Request Board approve the aforementioned Right-of-Way Agreement for Parcel 720 and authorize the issuance of funds in the amount of $5,837 for the purchase along with attorney’s fees and costs as stated above payable to Joseph M. Hanratty, PLLC, Trust Account for disbursement.

 

FISCAL IMPACT

Funds are budgeted and available in the amount of $5,837 for the purchase, along with applicable fees and costs in the Special Revenue Grant Fund, within the Roads and Drainage five year CIP CR 557 Project.

 

CONTACT INFORMATION

R. Wade Allen, Administrator

Real Estate Services

863-534-2577