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File #: 25-0700   
Type: Eminent Domain Status: Agenda Ready
File created: 4/9/2025 In control: City Council
On agenda: 5/8/2025 Final action:
Title: Approve a resolution authorizing the filing of eminent domain proceedings and payment to acquire the property interests needed for the Williamson Creek Interceptor Project for the public use of replacing a wastewater tunnel to increase capacity for future growth in the Williamson Creek basin and to mitigate impacts to parkland, requiring the acquisition of a fee simple property consisting of 0.060 of one acre (2,520 square foot) tract or parcel of land out of the Santiago Del Valle Grant, Abstract No. 24, situated in the City of Austin, Travis County, Texas, and being all of Lot 13 of Las Maderas P.U.D., Section two, a subdivision of record in Volume 85, Page 60C of the Plat Records of Travis County, Texas, said Lot 13, being a portion of that tract identified as Tract 1, and an Assumption Warranty Deed granted to Mazenyo Group & Associates LLC, a Texas series limited liability company of record in Document Number 2024028539 of the Official Public Records of Travis County, Texas; the a...
Indexes: District 2
Attachments: 1. Draft Resolution, 2. Exhibit A, 3. Exhibit B, 4. Exhibit C, 5. Exhibit D, 6. Map, 7. Recommendation for Action
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Title

Approve a resolution authorizing the filing of eminent domain proceedings and payment to acquire the property interests needed for the Williamson Creek Interceptor Project for the public use of replacing a wastewater tunnel to increase capacity for future growth in the Williamson Creek basin and to mitigate impacts to parkland, requiring the acquisition of a fee simple property consisting of 0.060 of one acre (2,520 square foot) tract or parcel of land out of the Santiago Del Valle Grant, Abstract No. 24, situated in the City of Austin, Travis County, Texas, and being all of Lot 13 of Las Maderas P.U.D., Section two, a subdivision of record in Volume 85, Page 60C of the Plat Records of Travis County, Texas, said Lot 13, being a portion of that tract identified as Tract 1, and an Assumption Warranty Deed granted to Mazenyo Group & Associates LLC, a Texas series limited liability company of record in Document Number 2024028539 of the Official Public Records of Travis County, Texas; the acquisition of an access easement in two parts, each of said two (2) tracts of land being out of the Santiago Del Valle Survey, Abstract No. 24, situated in the City of Austin, Travis County, Texas; and being a portion of Lot B and Lot C, of Las Madres P.U.D., Section Two, a subdivision of record in Volume 85, Page 60C of the Plat Records of Travis County, Texas, Said Lot B and Lot C, being a portion of that tract identified as Tract 2, in an Assumption Warranty Deed granted to Mazenyo Group & Associates LLC, a Texas series limited liability company of record in Document No. 2024028539 of the Official Public Records of Travis County, Texas; Tract 1 containing 0.14 of an acre (6,042 square feet), and Tract 2 containing 0.02 of an acre (847 square feet) and Tract 1 and Tract 2; the acquisition of a sidewalk, trail, and recreational easement consisting of a 0.33 of an acre (14,590 square feet) tract or parcel of land out of the Santiago Del Valle Survey, Abstract No. 24, situated in the City of Austin, Travis County, Texas, and being a portion of Lot B and Lot C, of Las Maderas P.U.D., Section Two, a subdivision of record in Volume 85, Page 60C of the Plat Records of Travis County, Texas, said Lot B and Lot C, being a portion of that tract identified as Tract 2, in an Assumption Warranty Deed granted to Mazenyo Group & Associates LLC, a Texas series limited liability company of record in Document Number 2024028539 of the Official Public Records of Travis County, Texas; and the acquisition of a temporary working space easement of a 0.26 of an acre (11,133 square feet) tract or parcel of land out of the Santiago Del Valle Survey, Abstract No. 24, situated in the City of Austin, Travis County, Texas; and being a portion of Lot C, of Las Maderas P.U.D, Section Two a subdivision of record in Volume 85, Page 60C of the Plat Records of Travis County, Texas, said Lot C, being a portion of that tract identified as Tract 2, in an Assumption Warranty Deed granted to Mazenyo Group & Associates LLC, a Texas series limited liability company of record in Document Number 2024028539 of the Official Public Records of Travis County, Texas; collectively, currently appraised at $57,027 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 Mazenyo Group & Associates LLC, a series of The Guerrero’s Real Estate Group & Associates LLC, a Texas series limited liability company. The property is located at 00 Dove Creek Drive, Austin, Texas 78744. The general route of the project is along Williamson Creek from South 1st Street to South Pleasant Valley Road. Funding: $57,027 is available in the Capital Budget of Austin Water.

 

Body

Lead Department

Financial Services Department

 

Fiscal Note

Funding is available in the Capital Budget of Austin Water.

 

 

For More Information:

Michael Gates, Financial Services Department, 512-974-5639; Brandon Williamson, Financial Services Department, 512-974-5666; Kane Wei, Austin Water, 512-972-0074.

 

Additional Backup Information:

Austin Water plans to install a new 72-inch diameter gravity wastewater interceptor along and near Williamson Creek, from South 1st Street to South Pleasant Valley Road. The proposed access easement will be used to access the wastewater interceptor. The proposed fee simple acquisition and the sidewalk, trail, and recreational easement will be acquired and transferred to the Parks and Recreation Department to mitigate the impact on existing parkland resulting from the Williamson Creek Interceptor project. This custodianship of the tract and sidewalk, trail, and recreational easement will connect a gap in the Williamson Creek greenbelt.

 

The City has attempted to purchase the needed property at 00 Dove Creek Drive, Austin, Texas 78744. The City and property owner have been unable to agree on the value of the needed acquisition. The Law Department 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.