Print
Reading Mode
Back to Calendar
Return
AI# 12509
Regular City Council Meeting
7.11.
04/23/2024:
Information
Agenda Item
Resolution - Right of Way:
Consider a resolution authorizing Condemnation of 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 property being a 0.8215-acre parcel, located in Section 2, Block JS, Lubbock County, Texas, being portions of a 27.42-acre tract described in the Official Public Records, Lubbock County, Texas as Milwaukee Four North South, Instrument 1992-14768, Volume 4188, Page 174.
Item Summary
The City of Lubbock has initiated the Milwaukee Avenue thoroughfare widening and drainage projects, which expand Milwaukee Avenue to a 5-lane roadway section from the North City Limits to 4th Street. The project includes drainage improvements along the Milwaukee Avenue corridor. 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 right-of-way and drainage easement at the intersection of Milwaukee Avenue and 4th Street 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 property described as Parcel 6 will encumber a total of 0.8215 acres of real property, owned by Milwaukee Four North South, and located in Section 2, Block JS, Lubbock, County, Texas, otherwise known as the northeast corner of Milwaukee Avenue and 4th Street. This parcel consists of 0.8215 acres to be acquired as a drainage easement. The easement requested is necessary for the improvements along Milwaukee Avenue.
The only remaining process, in order to finalize the design and continue with the construction of Milwaukee Avenue, would involve the initiation of eminent domain proceedings in order to acquire the necessary easements to build the roadway.
Fiscal Impact
The fiscal impact of eminent domain proceedings is unknown. The appraised value of the Property Interest for Parcel 6 that will be subject to an easement and damages, if any, is $62,620. 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., Division Director of Engineering/City Engineer
Attachments
Resolution Milwaukee Ave - Parcel 6 - Condemnation
Milwaukee Ave. - Exhibit A
Milwaukee Ave. - Parcel 6 - GIS Map
AgendaQuick ©2005 - 2024 Destiny Software Inc.
All Rights Reserved.