SUBJECT
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Approve Right-of-Way Agreement between Timothy Chancy and Polk County in conjunction with the County Road 557 Project, Parcel 135. ($448,422 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.
Parcel 135 is a whole take fee parcel needed for mainline right-of-way and as part of a flood plain compensation area for the project. The parcel is a nearly rectangular shaped parcel, containing approximately 1-acre, located between CR 557 and Old Polk City Road to the north of their intersection which is improved with a mobile home residence. The County hired an independent appraiser to establish full compensation for the taking of Parcel Number 135 and the owner, Timothy Chancy, through his attorney rejected the County's offer. Subsequent negotiations with the owner's attorney have resulted in a proposed settlement amount of $400,000 for the purchase of the parcel along with attorney's fees and costs in the amount of $43,422 for a total settlement of $443,422.
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 transaction will allow the County to take ownership of the parcel for the project.
RECOMMENDATION
Request Board approve the aforementioned Right-of-Way Agreement for Parc...
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