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File #: 25-0739   
Type: Consent Agenda Status: Agenda Ready
File created: 4/22/2025 In control: Board of County Commissioners
On agenda: 5/6/2025 Final action:
Title: Approve Right-of-Way Agreement between John G. Wood, Jr. and Thomas H. Wood, Co-Trustees, and Polk County in conjunction with the CR 540 (Cypress Gardens Road) at Lake Ned Intersection Improvement Project, Parcel 701. ($8,985 one-time expense)
Attachments: 1. ROW Agmt - CR540 @ Lake Ned - Pcl 701 - Wood - Backup
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SUBJECT

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Approve Right-of-Way Agreement between John G. Wood, Jr. and Thomas H. Wood, Co-Trustees, and Polk County in conjunction with the CR 540 (Cypress Gardens Road) at Lake Ned Intersection Improvement Project, Parcel 701. ($8,985 one-time expense)

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DESCRIPTION

The County has a Community Investment Project to improve the intersection of CR 540 (Cypress Gardens Road) at Lake Ned Road to a roundabout intersection in Winter Haven. To allow construction of the roundabout the County will need to acquire additional right-of-way and easements for the project from impacted property owners. The Board previously adopted a resolution authorizing negotiations and written offers be made on this project.

The project will necessitate the reconstruction of a commercial driveway and harmonization of the connection the driveway to the new roundabout.  Parcel 701 is a temporary construction easement parcel, containing approximately 1,750 square feet, needed for the driveway reconstruction and harmonization. The County hired an independent appraiser to establish full compensation for the taking of Parcel Number 701 and subsequently made a written offer to the owners in accordance with the statutory requirements.  Negotiations with the owners, John G. Wood Jr. and Thomas H. Wood, Co-Trustees, through their attorney, have resulted in a proposed settlement amount of $7,500 for the purchase of the parcel along with $1,485 for attorney fees for a total settlement of $8,985.

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.  Accepting the Right-of-Way Agreement and authorizing the issuance of checks for the purchase along with attorney fees will allow the County to close the transaction and acquire the parcel for the project.

RECOMMENDATION

Recommend Board approve the aforementioned Right-of-Way Agreement for Parcel 701 and authorize the issuance of a check in the amount of $7,500 for the purchase payable to John G. Wood Jr. and Thomas H. Wood, Co-Trustees along with a check in the amount of $1,485 for attorney fees payable to Johanna P. Wood, Attorney-at-Law, PLLC.

FISCAL IMPACT

Funds are budgeted and available in Roads and Drainage 5-year CIP in the Transportation Trust Fund.

CONTACT INFORMATION

R. Wade Allen, Director

Real Estate Services

863-534-2577