SUBJECT
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Approve Right-of-Way Agreement between Peggy Elferdink and Polk County in conjunction with the County Road 557 Project, Parcel 134. ($73,000 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.
Parcel 134 is a whole take fee parcel needed for mainline right-of-way for CR 557, the realignment of Old Polk City Road and as part of a flood plain compensation area for the project. The parcel is a vacant triangular shaped parcel, containing approximately 1.4 acres location along between CR 557 and Old Polk City Road at, and north of, their intersection. The County previously acquired a two-thirds interest in the property during advanced acquisition for the project. The remaining one-third interest was not acquired at that time due to issues associated with the title which have since been resolved. The County hired an independent appraiser to establish full compensation for the taking of the remaining interest in Parcel Number 134 and the owner, Peggy Elferdink, through her attorney rejected the County's offer. Subsequent negotiations with the owner's attorney have resulted in a proposed settlement amount of $66,300 for the purchase of the owner's interest in the parcel along with attorney's fees and costs in the amount of $6,700 for a total settlement of $73,000.
The County Attorney's Office and the Real Estate Services Administrator have reviewed the agreement and recommend approval. The alternative of acquiring the remaining interest in this parcel through condemnation litigation would res...
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