Posting Language
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Approve a resolution authorizing the filing of eminent domain proceedings and payment to acquire the property interests needed for the Corridor Program Project - East Martin Luther King Jr. Boulevard/Farm to Market Road (FM) 969 for the public use of street right-of-way and construction, wastewater betterments, shared-use path route, and landscaping within the project area to address congestion and enhance safety for pedestrians and cyclists, requiring the acquisition of 0.5330 acres (23,218 square feet) of street right-of-way and approximately 0.0953 acres (4,152 square feet) of wastewater easement, being out of and a portion of the Phillip McElroy Survey No. 18, Abstract No. 16, in the City of Austin, Travis County, Texas, being out of those two tracts called Tracts I and II, said Tract I being described as Lot 1, June and Joe Allen Addition, a Subdivision Recorded April 23, 1980, in Book 79, Page 234, Plat Records, Travis County, Texas, and said Tract II being 2.305 acres, and being described as 2.300 acres in Document No. 2005138118, Official Public Records, Travis County, Texas, currently appraised at $716,096 subject to an increase in value based on updated appraisals or a Special Commissioners’ award. The owners of the needed property are PB Austin Ridge, LLC, a Texas limited liability company; MF Austin Ridge, LLC, a Texas limited liability company; and 3423 Investments, LLC, a Texas limited liability company. The property is located at the intersection of FM 969 and Decker Lane at 00 FM 969, Austin, Texas 78724. The general route of the project is along FM 969 between United States Route 183 and Decker Lane.
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Lead Department
Financial Services Department
Fiscal Note
Funding is available in the Capital Budget of the Transportation and Public Works Department
Funding is available in the Capital Budget of the Austin Water.
Prior Council Action:
September 3, 2020 - Council approved Ordinance 20200903-005 authorizing the negotiation and execution of all documents and instruments necessary or desirable to purchase in fee simple or acquire other real property interest in properties throughout the City that are necessary to construct mobility improvements for the Corridor Construction Program in a total amount not to exceed $23,000,000 establishing acquisition and relocation guidelines, and waiving requirements of City Code Chapter 14-3.
For More Information:
Michael Gates, Financial Services Department, 512-974-5639; Brandon Williamson, Financial Services Department, 512-974-5666; Fredrick Reza, Capital Delivery Services - Corridor Program, 512-974-7204.
Additional Backup Information:
This acquisition is needed to support related Corridor Program improvements, funded by the 2016 Mobility Bond. The related project is expected to reduce vehicular delays, improve the effectiveness of transit, and create continuous Americans with Disabilities Act compliant sidewalks and continuous bicycle facilities along the length of the project. The property acquisition for this request will be utilized for street right-of-way and wastewater betterment construction, shared-use-path route, and landscaping within the project area to address congestion and enhance safety for pedestrians and cyclists. The roadway and shared-use path are critical components of the project. The general route of the project is along FM 969 between US 183 and Decker Lane.
The City has attempted to purchase the needed property located on the south side of FM 969 at the intersection of FM 969 and Decker Lane, Austin, Texas 78724. 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), or a Special Commissioners’ award.