SUBJECT
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Approve Right-of-Way Agreement between Gordon Evans McNeer and Polk County in conjunction with the County Road 557 Project, Parcels 103, 103A, 700A and 700B and authorize a County Deed in conjunction therewith. ($615,000 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.
Parcels 103 and 103A are rectangular shaped fee parcels containing a total of approximately 10,180 square feet needed for mainline right-of-way for the project. The parent parcel is a nearly rectangular shaped parcel containing approximately 2.60-acres located along the west side of County Road 557 which is improved with a historic single-family residence. The project will necessitate the reconstruction and harmonization of the residential driveway connection to CR 557 for the remainder parent tract along with the driveway to the neighboring parcel to the north which lies very close to the common boundary of the properties. Parcel 700A and 700B are temporary construction easement parcels, containing approximately 556 square feet and 58 square feet, respectively, needed for said driveway reconstructions and harmonizations.
The County hired an independent appraiser to establish full compensation for the taking of the subject parcels and the owner, Gordon Evans McNeer, through his attorney rejected the County’s offer. Subsequent negotiations with the owner’s attorney have resulted in a proposed settlement amount of $535,000 for the purchase of the parcels along with attorney’s fees and expert costs/fees in the amount of $80,000 for a total settlement amount of $615,000. Additionally, the Owner has plans to relocate the residence to another location on the remainder tract and requested the County convey a portion of an adjacent remainder tract, measuring approximately 30-feet wide, which is not needed for the project to allow for alternate access to his property from a public roadway known as Pennsylvania Avenue. Per the proposed agreement the subject access parcel is to be conveyed to the Owner once the new foundation has been constructed.
The County Attorney’s Office and the Real Estate Services Administrator have reviewed the agreement and recommend approval. The alternative of acquiring these parcels 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 along with attorney fees and expert costs and authorizing a County Deed will allow the County to close the transaction and to take ownership of the parcels for the project.
RECOMMENDATION
Request Board approve the aforementioned Right-of-Way Agreement for Parcels 103, 103A, 700A and 700B and authorize the issuance of funds in the amount of $615,000 for the purchase of the parcels along with attorney’s fees and costs as stated above payable to Harris Harris Bauerle Lopez, P.A., Trust Account for disbursement. Also, authorize a County Deed to Gordon Evans McNeer for the conveyance of a portion of Parcel ID Number 262729-000000-042070 once the terms of said Agreement have been met.
FISCAL IMPACT
Funds are budgeted and available in the amount of $615,000 for the purchase of the parcel along with applicable fees and costs in the Impact Fee District “D” Fund.
CONTACT INFORMATION
R. Wade Allen, Administrator
Real Estate Services
863-534-2577