Title
Consider a resolution determining the necessity for, and authorizing the use of the City's power of eminent domain to acquire a subsurface tunnel easement through and across 1.735-acres (Parcel 45,46,49), a temporary monitoring well access easement in 0.008 acre (Parcel 45MW-AE), and a temporary monitoring well easement in 0.0006-acre (Parcel 45MW) of land, from property owned by AC Sandy Creek Yacht Club Marina, LLC for the BCRUA Phase 2 raw water delivery project.
Body
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 AC Sandy Creek Yacht Club for the acquisition of 1.735 acres (Parcel 45, 46, 49) for a subsurface tunnel easement, a temporary monitoring well access easement of 0.008 acre (Parcel 45MW-AE), and a temporary monitoring well easement of 0.0006 acre (Parcel 45MW) along their property.
The original appraised and negotiated purchase price for this easement is $10,082 and has been approved by the BCRUA Operations Committee. A counter offer was made by the owner in the amount of $100,000, but was rejected by the BCRUA Operating Committee. The owner has not provided any substantive monetary demand response to the final purchase offer letter after the counter offer was rejected. Round Rock’s portion of this amount is 28.19% which equates to $2,842.16.
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 fo...
Click here for full text