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File #: 2022-279   
Type: Resolution Status: Approved
File created: 8/8/2022 In control: City Council
On agenda: 8/25/2022 Final action: 8/25/2022
Title: Consider a resolution authorizing the Mayor to execute a resolution determining the necessity and authorizing the use of the City's power of eminent domain to acquire 0.090 acre from property owned by RRHI, Inc. and Edmond Investment Group, Inc.
Attachments: 1. Resolution, 2. Valuation Analysis

Title

Consider a resolution authorizing the Mayor to execute a resolution determining the necessity and authorizing the use of the City's power of eminent domain to acquire 0.090 acre from property owned by RRHI, Inc. and Edmond Investment Group, Inc.

 

Body

 

This property is required for the construction of a right turn lane on Chisholm Trail Rd at Old Settlers Blvd. This turn lane will accommodate the southbound Chisholm Trail to westbound Old Settlers Blvd. traffic movement. The property is designated as Parcel 2. Although I have sent the initial notice letter, the initial offer letter and the final offer correspondence, I have been unable to obtain a response to our initial offer (3.24.22) or final purchase offer (7.19.22) despite repeated requests.

 

This resolution reserves the City’s right to  eminent domain to acquire this tract 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 fee simple title to the following parcel of land for construction of proposed improvements to the Chisholm Trail Right Turn Lanes Project: a 0.090-acre tract of land from property owned by RRHI, Inc. and Edmond Investment Group, Inc. as described in Exhibit A of the resolution.”