SUBJECT
title
Approve Right-of-Way Agreement between Lakeside Real Estate, LLC and Polk County in conjunction with the CR 540 (Cypress Gardens Road) at Lake Ned Road Intersection Improvement Project, Parcel 100. ($73,000 one-time expense)
body
DESCRIPTION
The County has a Community Investment Project to improve the intersection of CR 540 (Cypress Gardens Road) at Lake Ned Road to a roundabout intersection in Winter Haven. To allow construction of the roundabout the County will need to acquire additional right-of-way and easements for the project from impacted property owners. The Board previously adopted a resolution authorizing negotiations and written offers be made on this project.
Parcel 100 is an irregular shaped parcel, containing approximately 530 square feet, located at the northwest corner of the parent parcel which is needed as right-of-way for the project. The parent parcel is a nearly square shaped parcel, containing approximately 4-acres, located at the southeast corner of the intersection which contains rental townhomes. The county hired an independent appraiser to establish full compensation for the taking of Parcel Number 100 and the owner, Lakeside Real Estate LLC, through its attorney, rejected the County's offer. Subsequent negotiations with the owner's attorney have resulted in a proposed settlement amount of $60,600 for the purchase of the parcel along with attorney's fees and expert costs in the amount of $12,400 for a total settlement of $73,000.
The County Attorney's Office and the Real Estate Services Director have reviewed the agreement and recommend approval. The alternative of acquiring this parcel through condemnation litigation would result in substantial cost to the County. Accepting the Right-of-Way Agreement and authorizing the issuance of a check for the purchase along with attorney fees and expert costs will allow the County to close the transaction and acquire the final parcel for the project.
RECOMMENDATION
Recommend Board ...
Click here for full text