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File #: 23-3640   
Type: Consent Agenda Status: Passed
File created: 10/18/2023 In control: Board of County Commissioners
On agenda: 11/7/2023 Final action: 11/7/2023
Title: Approve Right-of-Way Agreement between David Rohrer and Georgia Rohrer, husband and wife and Polk County in conjunction with the Thompson Nursery Road Segment 1 Improvement Project, Parcel 111. ($441,200 one-time expense)
Attachments: 1. ROW Agmt - TNR Seg 1 - Pcl 111 - Rohrer - Backup
SUBJECT
title
Approve Right-of-Way Agreement between David Rohrer and Georgia Rohrer, husband and wife and Polk County in conjunction with the Thompson Nursery Road Segment 1 Improvement Project, Parcel 111. ($441,200 one-time expense)
body

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 111 is a whole take fee parcel needed for mainline right-of-way for Segment 1 of the project. The parcel is a rectangular shaped parcel, containing nearly one-half acre, located along the east side of Grove Park Lane and contains a mobile home residence with an addition. The County hired an independent appraiser to establish full compensation for the taking of Parcel Number 111 and the owners, David Rohrer and Georgia Rohrer, through their attorney, rejected the County's offer. Subsequent negotiations with the owner's attorney have resulted in a proposed settlement amount of $390,000 for the purchase of the parcel along with statutory attorney's fees in the amount of $46,200 for a total settlement of $436,200.

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, authorizing the issuance of funds for the purchase, fees and costs and hiring American Government Services Corporation to close the acquisition will allo...

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