SUBJECT
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Approve Right-of-Way Agreement between James M. Bauer and Virginia Connolly- Bauer and Polk County in conjunction with the County Road 557 Project, Parcels 120/708 and 121. ($84,125 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 and easements 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 120 and 121, are a rectangular and square shaped parcel containing approximately 2,000 square feet and 400 square feet, respectively, needed for mainline right-of-way for the project. The parent property consists of two contiguous rectangular shaped parcels containing a total of approximately 1.7-acres which are improved with a single-family residence. The project will necessitate the reconstruction of a residential driveway connection to CR 557 and Parcel 708 is a temporary construction easement parcel, containing approximately 482 square feet, needed for the driveway reconstruction and harmonization. The County hired an independent appraiser to establish full compensation for the taking of Parcel Numbers 120, 121 and 708 and the owners, James M. Bauer and Virginia Connolly-Bauer, his wife, through their attorney rejected the County’s offer. Subsequent negotiations with the owner’s attorney have resulted in a total settlement amount of $84,125 for the purchase of the parcels, inclusive of all attorney’s fees and expert’s costs.
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, along with attorney fees and expert costs will allow the County to close the transaction and acquire the parcels needed for the project.
RECOMMENDATION
Request Board approve the aforementioned Right-of-Way Agreement for Parcels 120/708 and 121 and authorize the issuance of funds in the amount of $84,125 for the purchase 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 in the amount of $84,125 within the 5-year Roads and Drainage CIP in the Impact Fee District “D” Fund for the purchase, fees and costs.
CONTACT INFORMATION
R. Wade Allen, Administrator
Real Estate Services
863-534-2577