Title
Approving 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 2,415 sf right-of-way, 1,401 sf public utility easement and 38,116 sf drainage easement out of the 6.36 acres (277,056 square foot), parcel of land situated in the Philip Golden Survey No. 17 in Travis County, Texas; property owned and claimed by Kelly Lane W.C.I.D. No. 1; and directing the City Attorney to initiate condemnation proceedings.
Summary
This resolution has been included on the agenda to allow for discussion and potential action regarding an easement (Parcel 7) needed for the Kelly Lane Phase 2 Roadway Project. As part of the project, it is necessary for the City to acquire this property. The property owner has agreed upon an amount of the easement but has not agreed upon the easement language. Staff, City legal counsel and the City’s land acquisition consultant, Seven Arrows Land Staff LLC., conducted several discussions with the Attorney for the property owner regarding the easement language. The property owner is seeking additional easement language that is not feasible for the City.
This resolution authorizes the City Manager to execute all necessary documents to institute eminent domain proceedings if the final formal offer is not accepted.
Prior City Council Action
City Council approved a professional services agreement with Seven Arrows Land Staff, LLC. In the amount of $93,750.00 for right-of-way services for the Kelly Lane Phase 2 project on February 25, 2020.
City Council approved a purchase agreement and associated conveyance documents between Falcon Pointe Community Association, Inc. (Parcel 4) and the City of Pflugerville as necessary to acquire real property interests for the Kelly Lane Phase 2 Roadway Project at March 23, 2021 meeting.
City Council approved a Drainage Easement and Public Utility Easement from City parkland (Parcel 5) located along Kelly Lane for improvements associated with the Kelly Lane Phase 2 Roadway Project at the March 23, 2021 meeting.
City Council approved a purchase agreement and associated conveyance documents between Frank E. Martin III as Independent Executor of the Estate of Ardalia Ellen Stark Martin, Deceased (Parcel 5a) and the City of Pflugerville as necessary to acquire real property interests for the Kelly Lane Phase 2 Roadway Project
City Council approved a purchase agreement and associated conveyance documents between BH Pflugerville Golf, LP (Parcel 9) and the City of Pflugerville as necessary to acquire real property interests for the Kelly Lane Phase 2 Roadway Project.
Deadline for City Council Action
Action is requested on May 11, 2021.
Funding Expected: Revenue __ Expenditure __ N/A _X_
Budgeted Item: Yes __ No __ N/A _X_
Amount: _N/A_______
1295 Form Required? Yes __ No _X_
Legal Review Required: N/A __ Required _X_ Date Completed: __05/04/2021__
Supporting documents attached:
Proposed Resolution
Easement Exhibit
Draft Presentation
Recommended Action
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 2,415 sf right-of-way, 1,401 sf public utility easement and 38,116 sf drainage easement out of the 6.36 acres (277,056 square foot), parcel of land situated in the Philip Golden Survey No. 17 in Travis County, Texas; property owned and claimed by Kelly Lane W.C.I.D. No. 1; and directing the City Attorney to initiate condemnation proceedings