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AI# 11039
Regular City Council Meeting
6.14.
09/27/2022:
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 Interests by Easement or in Fee Simple; and Authorizing All Other Acts to Complete Condemnation Proceedings, said properties being a 0.690 acre parcel and a 0.440 acre parcel, both located in Section 30, Block AK, Lubbock County, Texas, being portions of a 5.14 acre tract described in vol. 8542, pg. 37 in the Official Public Records, Lubbock County, Texas.
Item Summary
The City of Lubbock has initiated the Upland Avenue thoroughfare widening and drainage project which expands Upland Avenue to a 5-lane roadway section from 66th Street to 114th Street. The project includes drainage improvements along the Upland Avenue corridor, as well as along the 66th Street 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 state mandated process, since the project will be partially funded by the Metropolitan Planning Organization (MPO), or State of Texas funds.
However, a portion of the needed right-of-way on the northernmost end of the project, has 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. In addition, the landowner was presented a Possession and Use Agreement that would allow the project to continue, while still determining the final payment that would be tendered to the landowner. None of these efforts have resulted in the needed right-of-way dedication.
The property described will encumber a total of 1.13 acres of real property, owned by Brandon Sanderson and located in Section 30, Block AK, Lubbock, County, Texas, otherwise known as the southeast corner of 66th Street and Upland Avenue. These parcels are more specifically identified as Parcel 115, which includes 0.690 acres to be acquired; and Parcel 115-A, which includes 0.440 acres to be acquired. The rights-of-way and easements requested are necessary for the improvements along Upland Avenue and 66th Street.
The only remaining process, in order to finalize the design and continue with the construction of Upland Avenue and 66th Street, would involve the initiation of eminent domain proceedings in order to acquire the necessary right-of-way to build the roadway.
Fiscal Impact
The fiscal impact of eminent domain proceedings is unknown. The appraised value of the Property Interest that will be subject to Right-of-Way, an easement and damages, if any, is $329,612.00. Notwithstanding the appraised value, the compensation due the owner 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
Exhibit A
Exhibit B
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