{"MatterId":25303,"MatterGuid":"6B933F44-48BA-4077-932A-91F9041C84C8","MatterLastModifiedUtc":"2026-06-11T16:28:18.317","MatterRowVersion":"AAAAAAFgmqo=","MatterFile":"2026-23211","MatterName":null,"MatterTitle":"Request Approval of a Second Amendment to the Right-of-Way and Signalized Intersection Improvements Agreement (SW 38th Street) Between Marion County, Colen Built Development, LLC, and On Top of the World Communities, LLC (Budget Impact - Neutral; expenditure of $1,182,331.05 plus additional amounts to be determined by appraisal)","MatterTypeId":52,"MatterTypeName":"Consent","MatterStatusId":80,"MatterStatusName":"Agenda Ready","MatterBodyId":138,"MatterBodyName":"Board of County Commissioners","MatterIntroDate":"2026-06-03T00:00:00","MatterAgendaDate":"2026-06-16T00:00:00","MatterPassedDate":null,"MatterEnactmentDate":null,"MatterEnactmentNumber":null,"MatterRequester":"Transportation - County Engineer","MatterNotes":"{\\rtf1\\ansi\\ansicpg1252\\deff0\\deflang1033{\\fonttbl{\\f0\\fnil\\fcharset0 Arial;}}\r\n\\viewkind4\\uc1\\pard\\fs20 This amendment is primarily driven by design changes identified during final engineering of the SW 38th Street corridor. Updated traffic analysis determined that a roundabout at SW 67th Avenue Road is operationally justified and preferable to the signalized intersection contemplated in the original agreement. As a result, the County's right-of-way and drainage needs differ from those originally anticipated when the Agreement was executed.\\par\r\n\\par\r\nRather than pursuing eminent domain proceedings for the acquisition of additional right-of-way, drainage easements, and related property interests necessitated by the revised design, staff negotiated a voluntary acquisition framework with On Top of the World Communities (OTOW). This approach allows the County to obtain the necessary property interests through mutually agreed-upon appraisals and negotiated compensation while simultaneously reconveying property interests no longer required for the project.\\par\r\n\\par\r\nAdditionally, portions of the original agreement contemplated compensation through transportation impact fee credits. While impact fee credits remain an available tool, staff has recommended direct reimbursement as measurable compensation to the property owner rather than future impact fee credits, the value of which may increase over time based on impact fee rate adjustments.\\par\r\n\\par\r\nThe amendment ultimately provides the County with the additional right-of-way, drainage facilities, easements, and stormwater infrastructure necessary to construct the revised SW 38th Street 4-Laning Project while avoiding the costs, schedule impacts, and uncertainty associated with condemnation proceedings.\\par\r\n}","MatterVersion":"1","MatterCost":null,"MatterText1":null,"MatterText2":"Donald.Watson@marionfl.org","MatterText3":null,"MatterText4":null,"MatterText5":null,"MatterDate1":null,"MatterDate2":null,"MatterEXText1":null,"MatterEXText2":null,"MatterEXText3":null,"MatterEXText4":null,"MatterEXText5":null,"MatterEXText6":null,"MatterEXText7":null,"MatterEXText8":null,"MatterEXText9":null,"MatterEXText10":null,"MatterEXText11":null,"MatterEXDate1":null,"MatterEXDate2":null,"MatterEXDate3":null,"MatterEXDate4":null,"MatterEXDate5":null,"MatterEXDate6":null,"MatterEXDate7":null,"MatterEXDate8":null,"MatterEXDate9":null,"MatterEXDate10":null,"MatterAgiloftId":0,"MatterReference":null,"MatterRestrictViewViaWeb":false,"MatterReports":[]}