Title
Approving a resolution of the City Council of the City of Pflugerville, Texas, authorizing acceptance of the special commissioners’ award and directing the City Manager and City Attorney, or their respective designees, to take all necessary actions to complete eminent domain proceedings, including ratifying the issuance of a check in the amount of the award and depositing the same with the Travis County Court Clerk for the acquisition of 1.666 acre of land in fee-simple for right of way purposes and out of the John Davis Survey No. 13, Abstract No. 231, Travis county, Texas and being out of that tract of land described as 10.502 acres located on the southeast corner of Copper Mine Drive and TX-130 service road.
Summary
The proposed agenda item requests approval and acceptance of the special commissioners’ award, and authorization for the City Manager and City Attorney, or their designees, to take all necessary actions to finalize eminent domain proceedings for the final easement necessary for the Colorado Sand Drive roadway project.
On January 9, 2024, City Council authorized staff to institute eminent domain proceedings after the property owner sought additional easement language, development waivers and compensation that was not feasible for the City. A Commissioners Hearing held on July 25, 2024, determined that the City will compensate Cornerstone at Kelly Lane, LLC $2.2 million for the acquisition of 1.666 acres required for the Colorado Sand Drive roadway project. This amount falls between the City’s appraisal of $1.4 million and Cornerstone at Kelly Lane, LLC appraisal of $3.7 million. Upon Council approval, legal counsel will finalize the judgment documents, completing the acquisition process and securing possession of the property.
A construction contract was awarded to Patin Construction on July 9, 2024, with work anticipated to begin in September and an estimated completion time of fourteen (14) months
Prior City Council Action
Kimley-Horn and Associates, Inc. is one of the seven (7) firms selected to assist the City with the 2019-2021 Transportation Improvements Projects at the April 9, 2019, City Council Meeting.
City Council approved a professional services agreement with Kimley-Horn in the amount of $517,268.78 associated with the Colorado Sand Drive project at the October 8, 2019, meeting.
City Council approved a professional services supplemental agreement with Kimley-Horn in the amount of $95,840.00 associated with the Colorado Sand Drive project at the December 10, 2019, meeting.
City Council approved a professional services supplemental agreement with Kimley-Horn in the amount of $44,905.00 associated with the Colorado Sand Drive project at the July 12, 2022, meeting.
City Council approved a professional services supplemental agreement with Kimley-Horn in the amount of $108,975.90 associated with the Colorado Sand Drive project at the October 11, 2022, meeting.
City Council approved a resolution to reject all bids received for the Colorado Sand Drive Extension Project at the June 27, 2023, meeting.
City Council authorized staff to proceed with the Eminent Domain process for Parcel 2 owned by Cornerstone at Kelly Lane associated with the Colorado Sand Drive Roadway Project, LLC at the January 9, 2024, meeting.
City Council approved a construction contract with Patin Construction in the amount of $6,614,688 associated with the Colorado Sand Drive project at the July 9, 2024, meeting.
Deadline for City Council Action
Action is requested August 27, 2024.
Funding Expected: Revenue __ Expenditure _X_ N/A __
Budgeted Item: Yes _X_ No __ N/A __
Amount: __2,200,000.00______
1295 Form Required? Yes __ No _X_
Legal Review Required: N/A __ Required _X_ Date Completed: ______8/14/2024_____
Supporting documents attached:
Award of Commissioners
Resolution Post Special Commissioners
Recommended Action
Approve a resolution of the Special Commissioners award between Cornerstone at Kelly Lane, LLC (Parcel 2) and the City of Pflugerville in the amount of $2,200,000.00 for the Colorado Sand Drive Roadway Project.