AI# 12498
Regular City Council Meeting |
7.10. |
04/23/2024: |
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Information |
Agenda Item |
Resolution - Right-of-Way: Consider a resolution authorizing the Condemnation of a Property by Eminent Domain; Determining the public necessity for the project; Authorizing the acquisition of real property rights necessary for the project; Authorizing all other acts to complete condemnation proceedings; and establishing an effective date. Said properties being a 0.11-acre tract of land located in Section 39, Block AK, Lubbock County Texas, being a portion of a called 2.72-acre tract described in County Clerk File Number 2018047791, Official Public Records, Lubbock County, Texas, deeded to D&M Myers Trust, and being a 242 square foot Temporary Construction Easement located in Section 39, Block AK, Lubbock County Texas, being a portion of a called 2.72-acre tract described in County Clerk File Number 2018047791, Official Public Records, Lubbock County, Texas, deeded to D&M Myers Trust, and being a 0.21-acre tract of land located in Section 38, Block AK, Lubbock County Texas, being a portion of a called 41.291-acre tract described in County Clerk File Number 2018010270 Official Public Records, Lubbock County, Texas, deeded to Pat Murden, and being a 0.07-acre tract of land located in Section 38, Block AK, Lubbock County Texas, being a portion of a called 41.291-acre tract described in County Clerk File Number 2018010270 Official Public Records, Lubbock County, Texas, deeded to Pat Murden. |
Item Summary |
The City of Lubbock has begun the Upland Avenue, from 34th Street to 50th Street thoroughfare widening and drainage projects, which widen Upland Avenue to a 5-lane roadway section from 34th Street to 50th Street. The City’s consultant team has been working diligently to acquire all the needed rights-of-way and easements along the corridor, in accordance with the required processes. However, a portion of the needed rights-of-way on the east and west sides of Upland Avenue have not been able to be acquired with all the other available mechanisms. These mechanisms included numerous conversations and attempts at negotiations that included formal initial and final offer letters. All offers by the City of Lubbock have been rejected, and the landowner has obtained legal counsel. None of these efforts have resulted in the needed right-of-way dedication. The properties described as Parcels 5 and 16 will encumber a total of 0.39 acres of real property, owned by D&M Myers Trust and Pat Murden, and located in Sections 38 and 39, Block AK, Lubbock County, Texas. Parcel 5 is otherwise known as the west side of Upland Avenue, north of 37th Street. Parcel 16 is otherwise known as the northeast corner of Upland Avenue and 50th Street. These parcels contain 0.39 acres combined to be acquired for right-of-way. The only remaining process, in order to finalize the design and continue with the construction of Upland Avenue from 34th Street to 50th Street would involve the initiation of eminent domain proceedings in order to acquire the necessary easements to build the roadway.
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Fiscal Impact |
The fiscal impact of eminent domain proceedings is unknown. The appraised value of property interest (land value only) for Parcel 5 is $31,321. The appraised value (including cost to cure) of the Property Interest for Parcel 5 that will be subject to right-of-way, an easement, and damages, if any, is $35,755. The appraised value of property interest (land value only) for Parcel 16 is $55,746. The appraised value (including cost to cure) of the Property Interest for Parcel 16 that will be subject to right-of-way and damages, if any, is $83,820. Notwithstanding the appraised value, the compensation due to the owners of the Property Interest, will be determined in accordance with Chapter 21 of the Texas Property Code. |
Staff/Board Recommending |
Erik Rejino, Assistant City Manager Michael G. Keenum, P.E., CFM, Division Director of Engineering/City Engineer |
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