SUBJECT
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Approve a Donation Agreement between Lynnway Armstrong, LLC and Polk County in conjunction with the donation of additional right-of-way for FDC Grove Road and Holly Hill Grove Road Two. (No fiscal impact)
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DESCRIPTION
The owner of a tract of land located at the southeast corner of FDC Grove Road and Holly Hill Grove Road Two contacted County staff and offered to donate additional right-of-way for the adjacent roadways to the County. The owner of the property, Lynnway Armstrong LLC, has not submitted any development applications for the parent tract at this time, but submission of any future development application may require conveyance of a portion of, the entirety of, or more than, the real property being donated by the County under this Agreement, in order to bring the right-of-way up to current road classification standards based on the existing land development code. The owner intends to seek a charitable contribution tax deduction for the donation and has executed and delivered a Donation Agreement which, among other things, acknowledges that the conveyance of the right-of-way is voluntary and irrevocable and that if and when the parent tract is ever developed additional right-of-way may be required based on applicable requirements at that time.
The County Attorney’s Office and the Real Estate Services Director have reviewed the Donation Agreement and recommend approval. Approving the Donation Agreement and accepting the associated Warranty Deed for the subject property will give the County additional right-of-way for FDC Grove Road and Holly Hill Grove Road Two which can be utilized for the roadways.
RECOMMENDATION
Request Board approve the above-mentioned Donation Agreement, accept the associated Warranty Deed for the conveyance and request Board authorize the Real Estate Services Director to execute an IRS Form 8283 (Noncash Charitable Contributions), or its equivalent, acknowledging the donation.
FISCAL IMPACT
No fiscal impact.
CONTACT INFORMATION
Scott Lowery, Director
Real Estate Services
863-534-2578