The City is undertaking design and planning work for the expansion of DB Wood Road, from SH 29 to Williams Drive.  The current design of the expanded road requires the acquisition of right-of-way from three property owners – Joseph, Crivelli, and Young -- in order to construct roadway and drainage improvements that meet the dam requirements of TCEQ where the roadway crosses a drainage area.  A fourth property owner in the neighboring subdivision, Mikosh, would be impacted by possible down-stream improvements and construction access requirements.  City Staff and/or the City’s right-of-way consultant is communicating with these potentially-affected property owners to determine the extent of right-of-way acquisition that will be required.

If these property owners are unwilling to donate the necessary right-of-way and the parties are unable to reach an agreement on any potential acquisition, the City will be required to exercise its right of eminent domain to acquire the right-of-way needed.  Under Ch. 21 of the Property Code, before the City can exercise said right of eminent domain, the City Council must authorize the initiation of the condemnation proceeding by a record vote.

This item would approve a resolution finding that public convenience and necessity requires the acquisition of right-of-way from these property owners in order to expand DB Wood to the standards required by TCEQ for this portion of the project, and it authorizes the use of eminent domain to acquire the right-of-way, if necessary.  If future surveys and studies determine that less property is required from each of these owners, or that a lesser interest (such as a drainage easement) would be sufficient, the resolution authorizes the use of eminent domain to acquire such lesser interests or smaller areas.  In all instances, Staff will strive to avoid the need to use eminent domain to acquire the required property interests, but in order to meet the desired construction timetable, the condemnation process must run on a parallel track, just in case the parties are unable to reach agreement.

City Staff recommends approval of this item.

None. Engagement of the City’s right-of-way consultant and design engineer was previously approved by Council. Any potential acquisition of right-of-way from the identified property owners would be brought before Council for separate future approval.