SUBJECT
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Approve Right-of-Way Agreement between Kaz J. Nycz, and Polk County in conjunction with the County Road 557 Project, Parcels 126 A, B and C and 721. ($1,533,300 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.
Parcels 126A, 126B and 126C are all irregular shaped parcels containing approximately 185,874 square feet combined, which are needed for mainline right-of-way and a storm water retention pond for the project. The parent parcel is a vacant irregular shaped parcel, containing approximately 310-acres, located along the east side of County Road 557. The project will necessitate the reconstruction of a driveway connection to CR 557 and Parcel 721 Is a temporary construction easement parcel, containing approximately 971 square feet, needed for the reconstruction and harmonization of said driveway. The County hired an independent appraiser to establish full compensation for the taking of Parcel Numbers 126A, 126B, 126C and 721 and the owner, Kaz J. Nycz, through his attorney, rejected the County's offer. Negotiations with the owner's attorney have resulted in a proposed settlement amount of $1,300,000 for the purchase of the parcels along with attorney's fees and expert costs/fees in the amount of $233,300 for a total settlement of $1,533,300.
The County Attorney's Office and the Real Estate Services Director 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, authori...
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