Title
Consider a resolution determining the necessity and authorizing the use of the City’s power of eminent domain to acquire 0.0820 acre fee simple parcels and 0.2840 acre grading and workspace temporary construction easement parcels from property owned by Legends Village Homeowners Association, Inc.
Body
The City's appraised value for the proposed 0.0820 acre r.o.w. + 0.2840 acre temporary construction easement acquisition was $59,365. There have been discussions and interaction with the owner attorneys regarding irrigation replacement, tree removal, and drainage design, but no acceptance or specific counteroffer proposal to the initial offer (10.20.23) and final offer (11.20.23) correspondence from the City.
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 0.0820 acre fee simple title and 0.2840 acre grading and workspace temporary construction easement interest for construction of proposed improvements to the Kenney Fort Boulevard (Phase 4C) Project from property owned by Legends Village Homeowners Association, Inc., as described in Exhibits A and B of the resolution.”