SUBJECT
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Approve Right-of-Way Agreement between Ferdinand Sanyet and Norma Gonzalez, husband and wife and Polk County in conjunction with the Thompson Nursery Road Phase 1 Segment 1 Project, Parcel 702. ($18,994 one-time expense)
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DESCRIPTION
The County has a project to improve and realign Thompson Nursery Road from West Lake Ruby Drive to US Highway 17 consisting of primarily a new alignment for a four-lane corridor. Due to the nature, and associated challenges, of certain portions of the alignment the project design and construction has been separated into four segments. The portion known as Segment 1 runs from US Highway 17 at Winter Lake Road (SR 540) to Rifle Range Road (CR 655). The Board previously adopted a resolution authorizing negotiations and written offers to be made on this project.
Parcel 702 is a temporary construction easement parcel needed for the reconstruction and harmonization of a residential driveway serving the adjacent property. The parcel is a rectangular shaped parcel containing approximately 375 square feet located along the westerly (front) boundary of the parent parcel. The parent parcel is a nearly square shaped parcel containing approximately 30,500 square feet which is improved with a mobile home residence. The County hired an independent appraiser to establish full compensation for the taking of Parcel 702 and the owners, Ferdinand Sanyet and Norma Gonzalez, through their attorney, rejected the County’s offer. Subsequent negotiations with the owners’ attorney have resulted in a proposed settlement amount of $13,000 for the purchase of the parcel along with statutory attorney’s fees in the amount of $5,994 for a total settlement amount of $18,994.
The County Attorney’s Office and the Real Estate Services Administrator 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 and authorizing the issuance of a check for the purchase along with statutory attorney’s fees will allow the County to close the transaction and acquire the temporary construction easement needed for the project.
RECOMMENDATION
Request Board approve the aforementioned Right-of-Way Agreement for Parcel 702 and authorize the issuance of funds in the amount of $18,994 for the purchase of the parcel along with attorney’s fees payable to Gaylord, Merlin, Ludovici & Diaz, P.A. Trust Account for disbursement.
FISCAL IMPACT
Funds are budgeted and available in the amount of $18,994 for the purchase of the parcel along with applicable fees in the Impact Fee Northeast Fund.
CONTACT INFORMATION
R. Wade Allen, Administrator
Real Estate Services
863-534-2577