SUBJECT
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Approve Right-of-Way Agreement between Leslie R. Mason and Carol R. Mason and Polk County in conjunction with the CR 542A (Galloway Road) at 10th Street Project, Parcel 106. ($117,919 one-time expense)
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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 106 is an irregular shaped fee parcel, containing approximately 6,630 square feet which is needed as mainline right-of-way for the project. The parent parcel is a rectangular shaped parcel, containing approximately 1-acre, located at the northwest corner of Galloway Road and 10th Street W which is improved with a mobile home homestead residence. The County hired an independent appraiser to establish full compensation for the taking of Parcel Number 106 and the owners, Leslie R. Mason and Carol R. Mason, his wife, through their attorney rejected the County’s offer. Subsequent negotiations with the owners’ attorney have resulted in a proposed settlement amount of $100,000 for the purchase of the parcel along with attorney’s fees in the amount of $17,919 for a total settlement of $117,919.
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, 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 106 and authorize the issuance of funds in the amount of $117,919 for the purchase along with attorney’s fees as stated above payable to Gaylord Merlin Ludovici & Diaz, Trust Account for disbursement.
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