Title
Consider a resolution determining the necessity and authorizing the use of the City's power of eminent domain to condemn certain property interests owned by SAR Western Center Plaza, LP necessary for the construction of improvements to Chisholm Trail Road, and take other appropriate action.
Body
The City Attorney has been unable to negotiate an acceptable purchase of the 0.051 acre right of way area necessary for the Chisholm Trail (Phase III) expansion Project through the procedures required in the Texas Property Code, and in order to maintain project scheduling the City needs to proceed with authorizing the use of eminent domain if necessary to complete the acquisition.
NOTE TO COUNCIL:
The Texas Government Code §2206.053 has very specific requirements for the motion to authorize eminent domain proceedings. In order to make certain that we comply with these statutory requirements, I recommend that the motion to adopt the resolution be read aloud as follows:
"I move that the City Council approve this resolution which authorizes the use of the power of eminent domain to acquire easement and/or fee simple interests in the following parcel of land for the public use for widening Chisholm Trail: approximately 0.051 acres of land in Williamson County, Texas from SAR Western Center Plaza, LP; as described in Exhibit "A" of the resolution."
Recommended Action
Staff Recommends Approval.