File #: 12-283    Name: US 380 Utility Easement ED Authority
Type: Resolution Status: Approved
In control: City Council Regular Meeting
On agenda: 5/1/2012 Final action: 5/1/2012
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 Along the South Side of University Drive (US 380) from Custer Road to Coit Road and South of US 380 Along the West Side of the Creek Adjacent to Future Independence Parkway for Approximately 2000 Feet.
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 Along the South Side of University Drive (US 380) from Custer Road to Coit Road and South of US 380 Along the West Side of the Creek Adjacent to Future Independence Parkway for Approximately 2000 Feet.

Summary

MEETING DATE: May 1, 2012

DEPARTMENT: Development Services/Engineering

CONTACT: Jack Carr, 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 H & K.”

ITEM SUMMARY:
· This item provides authority to the 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 sanitary sewer collection system composed of two lift stations, gravity trunk lines, and force mains, in the following two areas:
o Along the south side of University Drive (US 380) between Custer Road and Coit Road.
o Along the west side of the creek located east of the future alignment of Independence Parkway south of US 380, a distance of approximately 2000 feet.

BACKGROUND INFORMATION:
· The City has entered into a development agreement with DR Horton for the development of a portion of the Custer West project.
· Under the agreement, the developer will construct certain water and wastewater capital improvements.
· In accordance with the agreement:
1. Developer shall fund the City’s acquisition of certain sites and improvements should the City elect t...

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