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File #: 24-5917   
Type: Eminent Domain Status: Agenda Ready
File created: 9/30/2024 In control: City Council
On agenda: 11/7/2024 Final action: 11/7/2024
Title: 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 0.3139 acres (13,674 square feet) of wastewater easement, being out of and a portion of the James Burleson Survey No. 19, Abstract No. 4, in the City of Austin, Travis County, Texas, being out of that tract described as 6.078 Acres (Tract 2 - Exhibit A-2), conveyed to MF Austin Ridge, LLC and PB Austin Ridge, LLC by Special Warranty Deed recorded in Document No. 2003152393, Official Public Records, Travis County, Texas, currently appraised at $139,475 subject to an increase in value based on updated appraisals or a Sp...
Indexes: District 1
Attachments: 1. Draft Resolution, 2. Exhibit A, 3. Map, 4. Recommendation for Action
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Posting Language
Title

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 0.3139 acres (13,674 square feet) of wastewater easement, being out of and a portion of the James Burleson Survey No. 19, Abstract No. 4, in the City of Austin, Travis County, Texas, being out of that tract described as 6.078 Acres (Tract 2 - Exhibit A-2), conveyed to MF Austin Ridge, LLC and PB Austin Ridge, LLC by Special Warranty Deed recorded in Document No. 2003152393, Official Public Records, Travis County, Texas, currently appraised at $139,475 subject to an increase in value based on updated appraisals or a Special Commissioners’ award. The owners of the needed property are MF Austin Ridge, LLC, a Texas limited liability company, and PB Austin Ridge, LLC, a Texas limited liability company. The property is located at the intersection of FM 969 and Rogers Loop 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.

 

Body

Lead Department

Financial Services Department

 

Fiscal Note

Funding is available in the Capital Budgets of the Austin Water.

 

Prior Council Action:

September 3, 2020 - City Council approved an ordinance 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 request is related to Corridor Construction Program improvements, funded by the 2016 Mobility Bond. The project is expected to reduce vehicular delays, improve the effectiveness of transit, and create continuous Americans with Disabilities Act compliant sidewalks and bicycle facilities along the entire length. This property acquisition will be used for wastewater improvement construction within the project area. 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 on the south side of FM 969, Austin, Texas 78724, at the intersection of FM 969 and Rogers Loop.  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.