R-04-01-22-14C2 - 1/22/2004RESOLUTION NO. R -04-01-22-14C2
WHEREAS, the City Council, upon consideration of the matter, has
determined that there exists a public necessity for the welfare of the
City of Round Rock and the public -at -large to construct and maintain
improvements to Double Creek Drive, and to perform associated public
purposes ("Project"); and
WHEREAS, the City of Round Rock, has a. need to acquire
approximately .253 acres of land in Williamson County, Texas, in fee
simple, to enable the City to complete the Project; and
WHEREAS, a suit to condemn this property is currently pending in
the County Court at Law No. 2 in Williamson County under cause number
02-0029-CC2 and styled the City of Round Rock Texas v. Ronald D. Lutz
and wife. Sara Lutz; and
WHEREAS, pursuant to a special commissioners, award the amount
of $32,040 was deposited in the registry of the Court to allow the City
to take possession of the property as litigation continued; and
WHEREAS, an additional settlement amount of $15, 960 was approved
by the City Council on May 8, 2003; and
WHEREAS, the landowners did not complete the settlement at that
time due to continued disagreement over the addition of septic
relocation costs and the effect on value of newly discovered deed
restriction issues; and
WHEREAS, after evaluation of these new issues the landowners have
now agreed to settle the lawsuit for the acquisition of this property
for an additional payment of $4,500 over what has been previously
approved, making a total final settlement of $52,500; Now Therefore
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BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the proposed additional settlement amount of $4,500 is a fair
and equitable amount for the settlement of this condemnation case, and
That the Mayor and/or the city attorney shall be authorized to
execute, on behalf of the City of Round Rock the necessary documents to
effectuate the settlement of this condemnation case for this amount.
The City Council hereby finds and. declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 22nd day of January, 2004.
N*t-J15KXAXWELL, Mayor
City of Round Rock, Texas
AT N, T:I )-)-A h
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CHRISTINE R. MARTINEZ, City Secret#y
DATE: January 16, 2004
SUBJECT: City Council Meeting - January 22, 2004
ITEM: *14.C.2. Consider a resolution approving a settlement with Ron and Sara
Lutz for the purchase of right-of-way for the Double Creek Drive
Project.
Resource: Steve Sheets, City Attorney
Don Childs
History: This settlement with Mr. and Mrs. Lutz is for right-of-way acquisition for
the Double Creek Drive project.
Funding:
Cost: $52,500 total settlement
Of this amount, $32,040 has previously been paid in connection with a
special commissioners' award, and an additional amount of $15,960 was
approved by the City Council on May 8, 2003. However, the settlement
was not completed by the landowners due to continued disagreement over
the addition of septic relocation costs and the effect on value of newly
discovered deed restriction issues. The landowners have now agreed to an
additional payment of $4,500 to settle this manner.
Source of funds: Transportation Capital Improvement Plan
Outside Resources: N/A
Impact: N/A
Benefit: Improved mobility on Double Creek Drive
Public Comment: N/A
Sponsor: N/A