PRESENTER: Presenter
Matthew Eckmann, Assistant Director of Public Works
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SUBJECT: Title
Discuss and consider approval of a resolution of the City of New Braunfels, Texas, authorizing the use of eminent domain proceedings for the acquisition of right-of-way that is necessary to advance and achieve the public use of improving Kohlenberg Road to meet the existing and future needs of the City, in the event negotiations are unsuccessful:
a. Property owned by The Estate of Frederick Frueholz, Jr.: a 2.309 Acre (100,568 square foot) tract of land in the A.M. Esnaurizar Survey No. 98, of Comal County, Texas and being out of the called 239.708 acre tract conveyed to Frederick Frueholz Jr., recorded in Document No. 201306045302 of the Official Public Records of Comal County, Texas; and being more specifically out of the called 49.64 acre 1st Parcel of said 239.708 acres recorded as Volume 78, Page 399 - Tr. 2, Official Public Records of Comal County, Texas. (Comal County Parcel No. 71628)
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DEPARTMENT: Public Works
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COUNCIL DISTRICTS IMPACTED: District 4
BACKGROUND INFORMATION:
The Kohlenberg Road Project is one of the projects approved in the 2023 Bond. The project will widen Kohlenberg Road from two lanes to four lanes between IH-35 and FM 1101. The project will provide for 12-foot driving lanes, a 16-foot median, and upgraded pedestrian facilities. It will also provide for intersection improvements and improved drainage infrastructure. The City has negotiated in good faith with all property owners but has been unsuccessful in acquiring the necessary property rights from this parcel in order to advance the project.
ISSUE:
Staff is seeking the approval for the City to exercise its power of eminent domain, if necessary, to acquire the necessary property rights from the following properties:
a. Property owned by The Estate of Frederick Frueholz, Jr.
i. a 2.309 Acre (100,568 square foot) tract of land in the A.M. Esnaurizar Survey No. 98, of Comal County, Texas and being out of the called 239.708 acre tract conveyed to Frederick Frueholz Jr., recorded in Document No. 201306045302 of the Official Public Records of Comal County, Texas; and being more specifically out of the called 49.64 acre 1st Parcel of said 239.708 acres recorded as Volume 78, Page 399 - Tr. 2, Official Public Records of Comal County, Texas. (Comal County Parcel No. 71628)
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STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☒Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
FISCAL IMPACT:
All funds associated with property acquisition and eminent domain for the Kohlenberg Road Project are incorporated in the funding for this project as part of the 2023 Bond Program, therefore sufficient funds are available.
Recommendation
RECOMMENDATION:
Staff recommends approval