SUBJECT
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Approve Right-of-Way Agreement between Catherine S. Hart and Polk County in conjunction with the County Road 557 Project, Parcel 125. ($1,860,625 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 125 is a fee parcel needed primarily for a storm water retention pond and a flood plain compensation area as well as for mainline right-of-way for the project. The parcel is an irregularly shaped parcel containing approximately 7-acres over the upland portion of the parent parcel. The parent parcel is a rectangular shaped parcel, containing approximately 110-acres, less than half of which is uplands, located along the east side of CR 557 which is improved with the single-family homestead residence of the owner. The County hired an independent appraiser to establish full compensation for the taking of Parcel Number 125 and the owner, Catherine S. Hart, through her attorney rejected the County's offer. Subsequent negotiations with the owner's attorney have resulted in a proposed settlement amount of $1,600,000 for the purchase of the parcel along with statutory attorney's fees and expert costs/fees in the amount of $260,625 for a total settlement of $1,860,625.
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, along with attorney fees and expert c...
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