File #: 16-472    Name: Stover Creek Sanitary Sewer Easement ED
Type: Resolution Status: Approved
In control: City Council Regular Meeting
On agenda: 5/3/2016 Final action: 5/3/2016
Title: Consider/Discuss/Act on a Resolution Authorizing the Execution of Documents for the Acquisition of Easements and the Consideration of the Use of Eminent Domain to Condemn Property for the Construction of Utility Lines from Approximately Wilmeth Road to North of Bloomdale Road Generally Along Stover Creek
Attachments: 1. Resolution, 2. Location Map
Title
Consider/Discuss/Act on a Resolution Authorizing the Execution of Documents for the Acquisition of Easements and the Consideration of the Use of Eminent Domain to Condemn Property for the Construction of Utility Lines from Approximately Wilmeth Road to North of Bloomdale Road Generally Along Stover Creek

Summary

COUNCIL GOAL: Direction for Strategic and Economic Growth

MEETING DATE: May 3, 2016

DEPARTMENT: Development Services/Engineering

CONTACT: Mark Hines, PE, Director of Engineering



RECOMMENDED CITY COUNCIL ACTION:
* Approval of Resolution using a motion in a form substantially similar to the following:

"I move that we approve this item as written and authorize the use of the power of eminent domain to acquire all necessary easements from property owners, generally indicated on the attached property locator map, for the construction of utility lines generally known as Stover Creek Sanitary Sewer."

ITEM SUMMARY:
* This item provides authority to the Interim City Manager to execute documents for the acquisition of utility easements (UE) and temporary construction easements (TCE); and the use of eminent domain to condemn property to complete the construction of a portion of the Wastewater Master Plan Stover Creek sanitary sewer gravity trunk line commencing just south of Wilmeth Road and continuing north generally along Stover Creek to Bloomdale Road.

BACKGROUND INFORMATION:
* The City has entered into a facilities agreement with property owners HRC WCD Partners, L.P., (Owner), for the development of approximately 641 acres of land situated on the south side of FM 1461, on the north side of Bloomdale Road along and between Ridge Road and Stonebridge Drive.
* Under the agreement, Owner has agreed to fund and construct, at no cost to the City, certain wastewater capital improvements.
* In accordance with the agreement:
1. If Owner is unable to acquire all the necessary offsite easements after using reasonable...

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