Title
Consider a resolution determining the necessity for, and authorizing the use of the City's power of eminent domain to acquire a temporary construction and access easement in and across 0.373 acres of land (Parcel 22TCE) from property owned by Laura C. Stich and Kenneth C. Ross for the BCRUA Phase 2 raw water delivery project.
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The Brushy Creek Regional Utility Authority (BCRUA) is in the process of acquiring easements necessary for the construction of an electrical line that is required in order to provide power to the future pump station for the Phase 2 Deep Water Intake project.
The Easement Purchase Agreement is with the owners, Laura C. Stich and Kenneth C. Ross, for the acquisition of 0.373 acres along their property.
A 0.513 acre, 50-foot subsurface tunnel easement for this property was previously granted by the owners in 2019 for $10,000. An additional temporary construction easement is necessary for surface staging, storage and drop shaft access to the intake tunnel construction, and will terminate no later than August 31, 2028. The original appraised and negotiated purchase price for this easement is $26,256 and has been approved by the BCRUA Operations Committee. The owners have submitted counter offers in the amount of $175,000, and $100,000, both of which were rejected by the BCRUA. If settled for the appraised amount of $26,256, Round Rock’s portion would be 28.19% which equates to $7,401.57.
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 po...
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