SUBJECT
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Approve Right-of-Way Agreement between Tomas De Castro-Quiroz, and Polk County in conjunction with the County Road 557 Project, Parcel 129. ($673,745 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.
Parcel 129 is a nearly rectangular shaped fee parcel, containing approximately 3.9-acres, needed for mainline right-of-way for the project. The parent parcel is a vacant, irregular shaped parcel, containing approximately 110-acres located along the west side of County Road 557. The County hired an independent appraiser to establish full compensation for the taking of Parcel Number 129 and the owner, Tomas De Castro-Quiroz, through his attorney, rejected the County’s offer. Subsequent negotiations with the owner’s attorney have resulted in a total settlement amount of $673,745 for the purchase of the parcel, inclusive of all attorney’s fees and expert’s costs.
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, along with attorney fees and expert costs, will allow the County to close the transaction and acquire the parcel needed for the project
RECOMMENDATION
Request Board approve the aforementioned Right-of-Way Agreement for Parcel 129 and authorize the issuance of funds in the amount of $673,745 for the purchase of the parcel, along with attorney’s fees and costs as stated above, payable to Miller Troiano, P.A., Trust Account for disbursement.
FISCAL IMPACT
Funds are budgeted and available in Roads and Drainage 5-year CIP in the Impact Fee Zone A Fund.
CONTACT INFORMATION
R. Wade Allen, Director
Real Estate Services
863-534-2577