Title
Consider a resolution authorizing the use of eminent domain to condemn an easement interest in a parcel of land located at 409 West Liberty Avenue for the public use of public utilities.
Body
The San Saba and Liberty Street improvements project, currently underway, will improve these two streets to resemble the previously completed work in Southwest Downtown, in conformance with the Downtown Master Plan. The placement of underground utilities on this project necessitates the purchase of a public utility easement measuring 25 feet by 25 feet on the Walsh property. This easement is necessary to provide underground utility service to the Walsh property and the adjoining property to the south, and for future utility needs in the area. Lengthy negotiations between city staff and the property owners have not been productive, and completion of the project will be in jeopardy if we do not secure the necessary easement promptly.
On September 25, 2013 an appraisal was completed by Paul Hornsby & Company Appraisers and Consultants regarding this acquisition, and the value of the easement was assessed at $2,656.00.
Cost: $2,656.00
Source of Funds: Round Rock Transportation and Economic Development Corporation
The Texas Government Code ยง2206.053 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 public utility easement interest for the following parcel of land for the public use of water works, wastewater, electrical, gas and telecommunications located at 409 West Liberty Avenue:
approximately 0.014 acre (625 square foot), tract of land situated in the Wiley Harris Survey, Abstract No. 298, located at 409 West Liberty Avenue, Round Rock,
Wiliamson County, Texas from Edward John Walsh, III and Christopher Lynn Walsh; as described in Exhibit "A" of the resolution.
Recommended Action
Staff recommends approval.