Title
Consider a resolution approving the Brushy Creek Regional Utility Authority reimbursing the City of Leander the amount of $1,724,620 for the acquisition of the Gross Tract.
Body
Taking Overview
In review, this matter involves the fee simple acquisition of 5.2147 acres from Gary and Cathy Gross for land adjacent to the area where the deep water intake structure will be located.l In the past, land acquisition efforts requiring condemnation have been performed by one of BCRUA's constituent cities and for this matter that city is Leander. Leander's appraisal for the property is currently $1,724,620 which offer the landowners did not accept. The landowners responded with an appraisal for $3,320,000.
Commissioner's Hearing
The Special Commissioner's Hearing was held September 25. Although the landowners appeared through counsel and participated in the hearing through cross-examination, they did not present direct testimony. The Special Commissioners returned an award based on the City of Leander's evidence, $1,724,620.
Need for Possession
Subsequent to the hearing the landowners have contested Leander's right to take the property, asserting month other things Leander does not have the right to condemn property on behalf of BCRUA. Since there was no need for possession of the property and initial prospects for settlement appeared favorable, the Commissioners' Award has not yet been deposited. Now, however, access to the property is necessary to facilitate ongoing design and engineering. Moreover, after a detailed mediation on February , it appears the parties' relative expectations regarding settlement are currently too misaligned for that to be a realistic possibility.
Staff recommends that the City approve BRCUA's reimbursement to Leander of the amount of the Special Commissioners' Award of $1,724,620 so that the Award may be deposited and design can proceed.
Recommended Action
Staff recommends approval