SUBJECT
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Ratify and accept a Special Warranty Deed from Marsha L. Smith and Charlotte Hall McGahee, as co-Trustees for additional right-of-way in conjunction with an intersection project known as the Kathleen Road at Deeson Road Intersection Improvement Project. (No fiscal impact)
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DESCRIPTION
Polk County has project to signalize and make improvements to the intersection of Kathleen Road at Deeson Road in the Kathleen area north of Lakeland. The initial design engineering determined that the right-of-way for Kathleen Road was sufficient to accommodate the construction of the signal improvements; however, during the utility coordination of the design process TECO Peoples Gas identified a conflict with a proposed mast arm and its facilities which are within the easterly right-of-way of Kathleen Road by county permit. It was subsequently determined that the mast arm could not be relocated to avoid the conflict within the confines of the existing right-of-way. In order to avoid the costs associated with relocating its gas facilities TECO Peoples Gas agreed to acquire the additional right-of-way needed to relocate the mast arm and avoid any conflicts. A right-of-way parcel measuring 10-feet by 60-feet, containing 600 square feet, located along the northeasterly side of Kathleen Road was identified which would accommodate the mast arm assemble in a location that would not conflict with the existing gas facilities. TECO People Gas contacted the owners of the property, Marsha L. Smith and Charlotte Hall McGahee, as co-Trustees, and entered into an agreement to purchase the right-of-way parcel. The conveyance of the parcel was directly from the owners to Polk County; however, the Special Warranty Deed was inadvertently recorded in O.R. Book 13277, at Pages 1006 through 1009, Public Records of Polk County, Florida, by the title agency that handled the closing prior to acceptance by Polk County. Accepting and ratifying the aforementioned Special Warranty Deed will give the County the right-of-way needed to locate the proposed signal equipment for the project in a location which will not conflict with the existing gas facilities.
RECOMMENDATION
Request Board ratify and accept the aforementioned Special Warranty Deed.
FISCAL IMPACT
No fiscal impact.
CONTACT INFORMATION
R. Wade Allen, Administrator
Real Estate Services
863-534-2577