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 0.301 acre of land, and a temporary construction workspace easement interest in and to 0.198 acre of land, from property owned by Even Rock, LLC for the construction of certain roadway and utility improvements to Gattis School Road, and take other appropriate action (Parcel 2/2TCE).
Body
The owners have not provided a substantive response to our initial right of way purchase offer (10.23.18) or final purchase offer (12.11.18). This property is located within a priority section of the project needed for construction of the proposed Gattis School waste water line extension, and the Utility Department has asked for expedited possesion of the required parcel.
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 temporary construction workspace easement interest to the following parcels of land for construction of proposed improvements to the Gattis School Road Project: a 0.301-acre tract and a 0.198 acre of land from property owned by Even Rock, LLC, as described in Exhibit A of the resolution.