Title
Consider a resolution determining the necessity and authorizing the use of the City’s power of eminent domain to acquire 0.169 acre of land owned by Paul Cates Stable, LLC for the Gattis School Road - Segments 4 and 5 project.
Body
The City's appraised value for this acquisition is $134,557. The property owner has accepted the value estimate, but is unable to deliver clean title to the City due to an ongoing dispute with the note lienholder regarding allocation of the funds. Therefore, the parties have agreed to proceed with a stipulated condemnation suit to enter the purchase amount as outlined in a settlement agreement document to be approved by the Council as a separate agenda item.
This resolution reserves the City's right to use 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 Gattis School Road Segments 4/5 Project: a 0.169-acre tract of land from property owned by Paul Cates Stable, LLC, as described in Exhibit A of the resolution.”