DEPARTMENT: Transportation and Capital Improvements
DEPARTMENT HEAD: Mike Frisbie, PE
COUNCIL DISTRICTS IMPACTED: Council District 3
SUBJECT:
Acquisition: Real Property for Espada Road (Loop 410 to East Ashley Road) Project
SUMMARY:
An ordinance for the Espada Road (Loop 410 to East Ashley Road) Project, a 2012-2017 Bond Program-funded project, located in Council District 3; authorizing the acquisition, through negotiation or condemnation, of approximately 0.685 acres for interests in land sufficient for project purposes in a portion of three parcels of privately-owned real property located in NCBs 11173 and 11168; and declaring it to be a public use project for the acquisition and authorizing expenditures not to exceed $82,500.00, payable to the selected title company, for land, relocation, litigation expenses and associated title fees.
Pursuant to enacted Texas Senate Bill 18 (SB "18"), this item requires City Council to initiate a motion authorizing the use of power of eminent domain, should it be needed.
BACKGROUND INFORMATION:
The Espada Road (Loop 410 to East Ashley Road) Project was included in the 2012-2017 Bond Program. The Project includes the reconstruction and widening of Espada Road (Loop 410 to East Ashley Road), to include bike lanes, lighting, aesthetic enhancements and drainage improvements. Project construction is estimated to begin in Spring 2015 and is estimated to be completed in July 2016.
This Project requires the acquisition of 32 parcels of privately-owned real property by negotiation or condemnation, if necessary, for the construction of the Espada Road (Loop 410 to East Ashley Road) Project. Currently 29 of the 32 parcels have been acquired or are in the process of being acquired through negotiation. However, the remaining three parcels may require the power of eminent domain.
The City intends to use every effort available to obtain the required parcels for said Project through good faith negotiations, but may require eminent domain if the easement negotiations are not successful. The City of San Antonio has the authority to exercise eminent domain (condemning property) under Article I, Section 17 of the Texas Constitution and Texas Local Government Code.
ISSUE:
An ordinance for the Espada Road (Loop 410 to East Ashley Road) Project, a 2012-2017 Bond Program-funded project, located in Council District 3; authorizing the acquisition, through negotiation or condemnation, of approximately 0.685 acres for interests in land sufficient for project purposes in a portion of three parcels of privately-owned real property located in NCBs 11173 and 11168; and declaring it to be a public use project for the acquisition and authorizing expenditures not to exceed $82,500.00, payable to the selected title company, for land, relocation, litigation expenses and associated title fees.
Property acquisition is a required component to complete the Espada Road (Loop 410 to East Ashley Road) Project. Through this action, City Council authorizes the acquisition of a portion of these parcels of privately-owned real property through negotiation or condemnation.
This acquisition of privately-owned property is necessary for completion of the Espada Road (Loop 410 to East Ashley Road) Project. Approval of this ordinance is a continuation of City Council policy to determine and declare certain projects necessary for public purpose and public use, and authorize the acquisition of private property by condemnation.
ALTERNATIVES:
City Council could not approve this acquisition needed for completion of this Project; however, this action would result in a re-design of this Project which could be more costly.
FISCAL IMPACT:
This ordinance recommends a one-time capital improvement expenditure in the amount of $82,500.00, payable to the selected title company. Funds are available within the Espada Road (Loop 410 to East Ashley Road) Project, from previously authorized 2012-2017 Bond Program funds. The value of this acquisition is based on an appraisals performed by Valbridge Property Advisors, in June and July 2014.
RECOMMENDATION:
Staff recommends approval of ordinance authorizing the acquisition, through negotiation or condemnation, of interests in land sufficient for project purposes in a portion of four parcels of privately-owned real property located in Council District 3 for the Espada Road (Loop 410 to East Ashley Road) Project, a 2012-2017 Bond Program-funded project.