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File #: 25-0577   
Type: Eminent Domain Status: Agenda Ready
File created: 3/25/2025 In control: City Council
On agenda: 4/24/2025 Final action:
Title: Approve a resolution authorizing the filing of eminent domain proceedings and payment to acquire the property interests needed for the Texas Interstate Highway 35 Central Water/Wastewater Relocation Project for the public use for water line improvements, requiring the acquisition a Water Line Easement, consisting of approximately 0.0023 (100 square feet) of one acre of land, more or less, out of and a part of the Santiago Del Valle Survey, Abstract No. 24, Travis County, Texas, being a portion of Lot 1, Harper's Creek, a subdivision of record in Volume 80, Page 310 of the Plat Records of Travis County, Texas, (P.R.T.C.TX) conveyed to CAPSAT NEVADA, LLC & BBC MONDO, LLC, by deed filed for record on November 20, 202, recorded in Document No. 2020225759 of the Official Public Records of Travis County, Texas (O.P.R.T.C.TX), currently appraised at $4,250, subject to an increase in value based on updated appraisals, a Special Commissioner's award, negotiated settlement, or judgment. The own...
Indexes: District 9
Attachments: 1. Draft Resolution, 2. Exhibit A, 3. Map, 4. 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 Texas Interstate Highway 35 Central Water/Wastewater Relocation Project for the public use for water line improvements, requiring the acquisition a Water Line Easement, consisting of approximately 0.0023 (100 square feet) of one acre of land, more or less, out of and a part of the Santiago Del Valle Survey, Abstract No. 24, Travis County, Texas, being a portion of Lot 1, Harper’s Creek, a subdivision of record in Volume 80, Page 310 of the Plat Records of Travis County, Texas, (P.R.T.C.TX) conveyed to CAPSAT NEVADA, LLC & BBC MONDO, LLC, by deed filed for record on November 20, 202, recorded in Document No. 2020225759 of the Official Public Records of Travis County, Texas (O.P.R.T.C.TX), currently appraised at $4,250, subject to an increase in value based on updated appraisals, a Special Commissioner’s award, negotiated settlement, or judgment.  The owners of the needed property are Capsat Nevada, LLC, a Nevada limited liability company, and BBC Mondo, LLC, a California limited liability company. The property is located at 2211 South Interstate Highway 35, Austin, Texas 78741. The general route of the project is Interstate Highway 35 frontage road from Holly Street to Texas State Highway 71/Ben White Boulevard. Funding: $4,250 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; Adewale Odufuye, Capital Delivery Services, 512-974-7119.

 

Additional Backup Information:

The Texas Department of Transportation (TxDOT) Interstate 35 (I-35) Capital Express Central Roadway Project requires the relocation of approximately 24,100 linear feet of water lines and 10,700 linear feet of wastewater lines and appurtenances out of the expanded TxDOT right-of-way along I-35 from Holly Street to State Highway 71/Ben White Boulevard.

 

The City has attempted to purchase the needed property at 2211 South I-35, Austin, Texas 78741. 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, negotiated settlement, or judgment.