SUBJECT
title
Approve Right-of-Way Agreement between Lakeland Properties of FL, LLC and Polk County in conjunction with the US Highway 98 @ Duff Road Intersection Improvement Project, Parcels, 100, 101, and 102. ($74,651 one-time expense)
body
DESCRIPTION
The County has a Community Investment Project to make improvements to the intersection of US Highway 98 @ Duff Road. The improvements consist of the construction of a westbound left turn lane from Duff Road onto US Highway 98 along with associated roadway improvements. To allow construction of the improvements, the County will need to acquire additional right-of-way from impacted property owners along the roadway. The Board previously adopted a resolution authorizing negotiations and written offers to be made on this project.
Parcels 100, 101, and 102 are fee parcels needed as additional right-of-way for the project. The parcels are vacant, contiguous, rectangular shaped parcels containing a total of approximately 4,532 square feet located along the north side of Duff Road and along the southern boundary of properties all owned by Lakeland Properties of FL, LLC. The County hired an independent appraiser to establish full compensation for the taking of Parcel Numbers 100, 101, 102 and subsequently made a written offer to the owner in accordance with statutory requirements. Negotiations with the owner, through its attorney, have resulted in a proposed settlement amount of $63,448 for the purchase of the right-of-way parcels along with statutory attorney’s fees in the amount of $11,203 for a total settlement amount of $74,651.
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 and authorizing the issuance of funds for the purchase of the parcels along with attorney’s fees will allow the County to close the transaction and take ownership of the right-of-way parcels needed for the project.
RECOMMENDATION
Recommend Board approve the aforementioned Agreement and authorize the issuance of funds in the amount of $74,651, payable to Gaylord Merlin Ludovici & Diaz, Trust Account, for the purchase of the parcels along with applicable attorney’s fees.
FISCAL IMPACT
Funds are budgeted and available in the total amount of $74,651 for the purchase of the parcels along with applicable fees in the Transportation Trust Fund.
CONTACT INFORMATION
R. Wade Allen, Administrator, Real Estate Services
863-534-2577