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AGENDA RECOMMENDATION |
5.B.
City Council Regular Meeting
- Meeting Date:
- 02/23/2026
Agenda Item:
Resolution authorizing acquisition of property and eminent domain for public purposes for Capital Improvement Project 11206; Hiniker Parkway.
Recommendation/Action(s):
Adoption of the attached resolution.
Summary:
At the February 9th City Council meeting, it was reported that a small sliver of right-of-way is required along the north side of Butterworth Street in order to connect the new roadway of Hiniker Parkway to the existing Butterworth Street. The sliver is believed to be a missed remnant as part of an earlier platting process and is undevelopable in its current state. The new roadway of Hiniker Parkway is planned to be constructed in 2026. Once constructed, Hiniker Parkway will serve as the permanent local access and connection between W Lind Street and Butterworth Street in lieu of the existing Range Street. The existing Range Street roadway north of Butterworth Street will be removed as part of the Trunk Highway (TH) 169 Revitalization project scheduled for construction in 2027. The successful construction of Hiniker Parkway is necessary in 2026 as this new roadway will serve as critical local access during the TH 169 Revitalization project.
City staff and consultants have made multiple attempts and will continue to make attempts to contact the property owner to acquire the property by direct purchase if possible. The city has engaged with an independent real estate appraiser to provide the City with an opinion of appraised value for the proposed acquisition. The city attorney’s office also made contact with the attorney from Axis Subdivision Development, who confirmed their attempts to reach the property owner dating back to 2022 were also unresponsive. Furthermore, it is observed that taxes have not been paid on the property for several years and is anticipated to fall into tax forfeiture in 2027.
Construction Services Staff is recommending the Council consider the attached Resolution authorizing the City’s acquisition of the property, including eminent domain, as necessary for a public purpose in furtherance of the approved Capital Improvement Project 11206; Hiniker Parkway.
City staff and consultants have made multiple attempts and will continue to make attempts to contact the property owner to acquire the property by direct purchase if possible. The city has engaged with an independent real estate appraiser to provide the City with an opinion of appraised value for the proposed acquisition. The city attorney’s office also made contact with the attorney from Axis Subdivision Development, who confirmed their attempts to reach the property owner dating back to 2022 were also unresponsive. Furthermore, it is observed that taxes have not been paid on the property for several years and is anticipated to fall into tax forfeiture in 2027.
Construction Services Staff is recommending the Council consider the attached Resolution authorizing the City’s acquisition of the property, including eminent domain, as necessary for a public purpose in furtherance of the approved Capital Improvement Project 11206; Hiniker Parkway.