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File #: 2016-5143    Version: 1 Name:
Type: Agenda Item Status: Approved
File created: 8/23/2016 In control: City Attorney
On agenda: 8/23/2016 Final action: 8/23/2016
Title: Approving a settlement and release agreement for the Irby Max Ford land acquisition.
Attachments: 1. Settlement Release Agreement executed 2016 0812 docx, 2. Location Map, 3. ORD 1243-16-01-26

Title

Approving a settlement and release agreement for the Irby Max Ford land acquisition.

 

Summary

The City Attorney brings forward the attached settlement and release agreement for acquisition of the Irby Max Ford property.

 

This property is required for the Weiss Lane Water Transmission Phase 1 project and the Weiss Lane widening project.  Right of way and easements are necessary for City infrastructure related to both the Weiss Lane Water Transmission Phase 1 project and the 2015 General Obligation Bond Weiss Lane widening project. City staff initiated discussions with Mr. Ford on the acquisition of the identified portions of property and tried to negotiate an agreeable transaction on multiple occasions.  Mr. Ford  rejected both of the City’s offers on the property and asked for an amount of compensation not agreeable with the City.  The City has initiated a formal appraisal of the affected property and will make Mr. Ford a final offer based on the appraisal amount.  One of the easements is necessary to provide water service to the proposed PfISD High School #4 site, currently under construction.

 

Prior City Council Action

The City Council approved an eminent domain ordinance for this aquisition on January 26, 2016.  Please find the ordinance attached.

 

Deadline for City Council Action

Action is requested on August 23, 2016.

 

Fiscal Impact

$65,000 as designated by the agreement.  Funding for the agreement is from the Weiss Lane portion of the 2014 General Obligation bond.

 

Staff Recommendation

Approve the agreement.

 

Drafter

George Hyde

City Attorney