Title
Discuss and consider action to approve a resolution of the City Council of the City of Pflugerville. Texas, directing the City Manager or the City Manager’s designee to execute all documents to institute eminent domain proceedings for the acquisition of land situated for right-of-way and utility easements in Pflugerville, Travis County, Texas and directing the City Attorney to initiate condemnation proceedings associated with the Kelly Lane Phase 3 Project.
Summary
This resolution has been included on the agenda to follow for discussion and potential action regarding right-of-way and utility easements (Parcels 8,10,11,12,14,16,17,18, 30) needed for the Kelly Lane Phase 3 Project. The City has determined a public need to acquire right-of-way and utility easements for the purpose of expanding the roadway to a four-lane configuration with a center median and integrate four roundabouts intersections from Moorlynch Avenue to Weiss Lane. Additionally, construction encompasses curb and gutter, underground storm facilities, pedestrian enhancements, and street lighting.
Unfortunately, property owners have not been agreeable to the cost and/or the terms outlined in the right-of-way and utility easement proposals. Staff, City legal counsel and the City’s land acquisition consultant, 7 Arrows Land Staff LLC., have conducted discussions with the property owners regarding the right-of-way and utility easements terms. At this time, it is necessary to initiate condemnation proceedings to advance the acquisition process and allow the project to move forward.
Approval of this resolution authorizes the City Manager and the City Attorney, on behalf of the City, to initiate condemnation proceedings and take all actions necessary to acquire the property through the exercise of eminent domain.
This project supports the infrastructure pillar of the City Strategic Plan by widening and reconstructing the Kelly Lane roadway from Moorlynch Avenue to Weiss Lane, expanding the City’s transportation network and improving mobility.
Prior City Council Action
City Council approved a professional services agreement with Johnson Mirmiran Thompson, Inc (JMT) for professional services associated with the design of Kelly Lane Phase 2 and Phase 3 from Falcon Pointe Boulevard (East) to Weiss Lane on August 27, 2019 in the amount of $1,157,068,88.
City Council approved Professional Services with Freese & Nichols in the amount of $1,574,574 for professional engineering services associated with the 2020 Transportation Bond Program Projects on March 23, 2021.
City Approved selection of Vickrey and Associates, LLC for professional engineering services associated with the 2020 Transportation Bond Program Project: Kelly Lane Phase 3 and authorizing the City Manager to execute a professional services agreement in the amount of $1,527,103.59 on July 27, 2021.
City Council approved to take action and authorize City Staff and City Attorney to take any and all action necessary to secure right-of-entry and access to real property for the purpose of conducting a survey and any other testing as needed for the Kelly Lane phase 3 project on February 8, 2022.
City Council approved a Professional Services Supplemental Agreement with Freese & Nichols in the amount of $3,261,237 for professional engineering services associated with 2020 General Obligation Bond Transportation Projects on September 13, 2022.
City Council approved a work authorization with CBRE, Inc in the amount of $126,500 for appraisal services associated with the Kelly Lane Phase 3 Improvements project, and authorizing the City Manager to execute the same on January 1, 2023.
City Council approved a conditional purchase agreement and associated conveyance documents between Vera Lee Witte Hamann (Parcel 24) and the City of Pflugerville as necessary to acquire real property interests for the Kelly Lane Phase 3 in the amount of $146,720.00 on September 12, 2023.
City Council approved a conditional purchase agreement and associated conveyance documents between Wayne R. Moore (Parcel No.5) and the City of Pflugerville as necessary to acquire real property interests for the Kelly Lane Phase 3 in the amount of $217,655.90 on February 13, 2024.
City Council approved a professional services agreement with ESP Associates, Inc in the amount of $1,210,189 for professional engineering services associated with Kelly Lane Phase 3 Roadway project, and authorizing the City Manager to execute the same on December 10, 2024.
City Council approved a work authorization with CBRE, Inc in the amount of $80,700 for appraisal services associated with the Kelly Lane phase 3 project and authorize the City Manager to execute the same on June 24, 2025.
City Council approved a professional services agreement with ESP Associates, Inc in the amount of $184,537.32 for professional engineering services associated with Kelly Lane Phase 3 Roadway Project, and authorizing the City Manager to execute the same on December 9, 2025.
Deadline for City Council Action
Action is requested on February 24, 2026
Funding Expected: Revenue __ Expenditure __ N/A _X_
Budgeted Item: Yes __ No __ N/A _X_
Budget Source: ____N/A________
Amount: ____N/A____
1295 Form Required? Yes __ No _X_
Legal Review Required: N/A __ Required _X_ Date Completed: __February 12, 2026_
Supporting documents attached:
Proposed Resolution
Exhibits
Recommended Action
Approve a resolution authorizing the City Manager or the City Manager’s designee to execute all documents to institute eminent domain proceedings for the acquisition of land situated for the right-of-way and utility easements in Pflugerville, Travis County, Texas and directing the City Attorney to initiate condemnation proceedings.