STRATEGIC PRIORITY: Transportation & Infrastructure
AGENDA DATE: August 28, 2024
COUNCIL DISTRICT(S): 13
DEPARTMENT: Water Utilities Department
EXECUTIVE: Dev Rastogi
______________________________________________________________________
SUBJECT
Title
Authorize the second step of acquisition for condemnation by eminent domain from Cynthia Eason, to acquire a drainage easement containing approximately 160 square feet of land and a temporary working space easement containing approximately 400 square feet of land, located at 10015 Pensive Drive near its intersection with Walnut Hill Lane for the Pensive Drive Channel/Walnut Hill Relief System Project - Not to exceed $10,000.00 ($7,800.00, plus closing costs and title expenses not to exceed $2,200.00) - Financing: 2024 Certificate of Obligation Fund
Body
BACKGROUND
The City Council authorized the acquisition of a drainage easement containing approximately 160 square feet of land and a temporary working space easement containing approximately 400 square feet of land located at 10015 Pensive Drive near its intersection with Walnut Hill Lane for the Pensive Drive Channel/Walnut Hill Relief System Project on June 26, 2024, in the amount of $7,800.00.
This item authorizes the second step of acquisition by eminent domain for the drainage and temporary working space easements. The Pensive Drive Channel/Walnut Hill Relief System Project will widen and deepen the existing drainage channel to enhance storm water flow capacity and reduce the risk of flooding 14 houses during heavy storm events. To accomplish this, the City needs to acquire a small expansion of the existing easement on the subject property. Additionally, a temporary access easement is needed to facilitate the movement of construction equipment and personnel during the construction phase.
The property owner has not agreed to the City’s offer for the easement interests, and it is necessary to move forward by eminent domain to obtain the easements and complete the necessary drainage improvements. The consideration is based on an independent appraisal. There are no relocation benefits associated with this acquisition.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 26, 2024, the City Council authorized an acquisition from Cynthia Eason, of a drainage easement containing approximately 160 square feet of land and a temporary working space easement containing approximately 400 square feet of land located on Pensive Drive near its intersection with Walnut Hill Lane for the Pensive Drive Channel/Walnut Hill Relief System Project, by Resolution No. 24-0955.
FISCAL INFORMATION
|
Fund |
FY 2024 |
FY 2025 |
Future Years |
|
2024 Certificate of Obligation Fund |
$10,000.00 |
$0.00 |
$0.00 |
OWNER
Cynthia Eason
MAP
Attached