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File #: 2017-5041   
Type: Resolution Status: Approved
File created: 11/30/2017 In control: City Council
On agenda: 12/21/2017 Final action: 12/21/2017
Title: Consider a resolution determining the necessity, and authorizing the use of the City's power of eminent domain to acquire fee simple title to a 0.566 acre tract and a public utility easement interest in and to approximately 0.010 acre of land from property owned by Inland American Round Rock University Oaks Limited Partnership for the construction of proposed improvements to the University Blvd. project, and take other appropriate action (Parcel 10/14PUE).
Attachments: 1. Resolution, 2. Exhibit A

Title

Consider a resolution determining the necessity, and authorizing the use of the City's power of eminent domain to acquire fee simple title to a 0.566 acre tract and a public utility easement interest in and to approximately 0.010 acre of land from property owned by Inland American Round Rock University Oaks Limited Partnership for the construction of proposed improvements to the University Blvd. project, and take other appropriate action (Parcel 10/14PUE).

 

Body

The final offer value for the required property acquisition is $317,000. The most recent counteroffer demand from the owner is for $766,000, which cannot be recommended for acceptance at the current time.  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 and a public utility easement interest to the following parcels of land for construction of proposed improvements to the University Blvd. Project: a 0.566-acre tract and a 0.010 acre of land from property owned by Inland American Round Rock University Oaks Limited Partnership, as described in Exhibit A of the resolution.