File #: 24-2017   
Type: Consent Agenda Status: Passed
File created: 10/15/2024 In control: Board of County Commissioners
On agenda: 11/5/2024 Final action: 11/5/2024
Title: Approve Right-of-Way Agreement between Shannon R. Turbeville and Melissa S. Turbeville and Polk County in conjunction with the CR 542A (Galloway Road) at 10th Street Project, Parcel 100. ($237,602 one-time expense)
Attachments: 1. ROW Agmt - Galloway @ 10th - Pcl 100 - Turbeville - Backup

SUBJECT

title

Approve Right-of-Way Agreement between Shannon R. Turbeville and Melissa S. Turbeville and Polk County in conjunction with the CR 542A (Galloway Road) at 10th Street Project, Parcel 100.  ($237,602 one-time expense)

body

 

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 100 is an irregular shaped fee parcel, containing approximately 11,829 square feet which is needed as mainline right-of-way for the project. The parent parcel is a L-shaped parcel, containing approximately 2-acres, located along the southeast corner of Galloway Road and 10th Street 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 100 and the owners, Shannon R. Turbeville and Melissa S. Turbeville, through their attorney, rejected the County’s offer.  Subsequent negotiations with the owners’ attorney have resulted in a proposed settlement amount of $200,000 for the purchase of the parcel along with attorney’s fees and expert costs in the amount of $37,602 for a total settlement of $237,602.

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 100 and authorize the issuance of funds in the amount of $237,602 for the purchase along with attorney’s fees, as stated above, payable to Miller Troiano, P.A., 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