Posting Language
Title
Approve a resolution authorizing the filing of eminent domain proceedings and payment to acquire the property interest needed in support of Austin Watershed Protection’s Walnut Creek - Eubank Tributary Stream Stabilization Project for the public use of stabilizing the channel and improving habitat by implementing retaining walls, slope stabilization, earthwork, planting strategies, and stormwater flow dissipation, requiring the acquisition of a drainage easement consisting of an acre access easement being a 0.1294 of one acre (5,636 square foot) easement and a drainage easement being a 0.0197 of one acre (859 square foot) easement, both being out of the T.J. Chambers Survey, Abstract Number 7, Travis County, Texas, being a portion of Lot 7, Frank Stark Subdivision, a subdivision of record in Book 4, Page 199, Plat Records, Travis County, Texas, said Lot 7 conveyed to FC N Lamar Housing, LP by Special Warranty Deed with Vendor’s Lien dated August 29, 2019, as recorded in Document Number 2019132971, Official Public Records, Travis County, Texas, currently collectively appraised at $27,604, subject to an increase in value based on updated appraisals, a Special Commissioner’s award, negotiated settlement, or judgment. The owner of the needed property is FC N Lamar Housing, LP. The property is located at 11704 North Lamar Boulevard, Austin, Texas 78753. The general route of the project is within Walnut Creek’s designated Eubank Tributary, from North Bend Drive to the west turn of Eubank Drive. Funding: $27,604 is available in the Capital Budget of Austin Watershed Protection.
De
Lead Department
Austin Financial Services.
Fiscal Note
Funding is available in the Capital Budget of Austin Watershed Protection.
For More Information:
Brandon Williamson, Austin Financial Services, 512-974-5666; Michael Gates, Austin Financial Services, 512-974-5639; Craig McColloch, Capital Delivery Services, 512-974-2968.
Additional Backup Information:
This proposed access easement and drainage easement are for stream stabilization in the Eubank Tributary watershed. Urbanization in this area has increased impervious surfaces, leading to more frequent storm runoff and the deepening and widening of the stream. The resulting instability of streambanks has led to erosion of commercial and residential properties, damage to infrastructure, and habitat loss. The project aims to stabilize the channel and improve habitat by implementing retaining walls, slope stabilization, earthwork, planting strategies, and stormwater flow dissipation. The general route of the project is within Walnut Creek’s designated Eubank Tributary, from North Bend Drive to the west turn of Eubank Drive.
The City has attempted to purchase the needed property at 11704 North Lamar Boulevard, Austin, Texas 78753. The City and property owner have been unable to agree on the value of the needed acquisition. The Austin City Attorney’s Office is requesting authorization to file an action in eminent domain on behalf of the City, and to authorize the City to pay for the property interest in an amount determined by the appraisal, updated appraisal(s), a Special Commissioners’ award, negotiated settlement, or judgment.