Title
Consider a resolution determining the necessity and authorizing the use of the City’s power of eminent domain to acquire a drainage storm sewer utility easement in and under approximately 0.026 acres of land, and a temporary construction workspace easement interest in and across approximately 0.036 acres of land and 0.040 acres of land, owned by Jacob Stevens for the construction of storm sewer drainage utility improvements in and for Greenfields Subdivision and Oak Bluff Estates Subdivision, and take other appropriate action.
Body
The City and County have executed an Interlocal Agreement to construct drainage improvements to reduce the chance of flooding for City residents in the Oak Bluff Estates subdivision and for County residents located at the eastern end of Evergreen Drive in the Greenfields subdivision. The City has completed the design work required for the drainage improvements. However, prior to advertising for bids, the City has been working to finalize the necessary permanent and temporary easements. All of the easements have been acquired except for the easements on Mr. Jacob Stevens property. Over the past six months, the City has worked diligently with Mr. Stevens to acquire the necessary easements for this project. Numerous site visits and conversations have occurred that have resulted in the City altering the preferred easement boundaries in order to accommodate Mr. Stevens request. Although conversations are continuing, the project has been delayed significantly. If the City and Mr. Stevens can not come to an agreement on the easements, City staff would like to be prepared to proceed with condemnation if necessary. City Council’s authorization to pursue condemnation is being requested in order to construct the drainage improvements for this area of Round Rock.
This resolution reserves the City's right to use eminent domain to acquire these easements should it become necessary.
EMINENT DOMAIN MOTION LANGUAGE REQUIREMENTS
Mayor and 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 a drainage storm sewer utility easement and a temporary construction workspace easement interest to the following parcels of land for the construction of storm sewer drainage utility improvements in and for Greenfields Subdivision and Oak Bluff Estates Subdivision: 0.026 acres of land, 0.036 acres of land, and 0.040 acres of land from property owned by Jacob Stevens, as described in Exhibit A of the resolution.”