PRESENTER: Presenter
Bruce Haby, Real Estate Manager, New Braunfels Utilities
Matthew Eckmann, Assistant Director of Public Works
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SUBJECT: Title
Discuss and Consider a Resolution authorizing acquisition, by use of the Power of Eminent Domain, of a 0.7402-Acre Permanent Utility Easement Out of the A.M. Esnaurizar Survey, Abstract 98, Comal County, Texas, Being All of Lot 8, Block 4, Resubdivision of Villa Rio, According to the Plat of Record in Volume 129, Page 312, of the Deed Records of Comal County, Texas, Located at 470 Rio Drive, New Braunfels, Texas 78130, Assigned Comal Appraisal District Property ID 67480, Owned by The Villa Rio Subdivision Recreation Committee, Operated by the Spanish Colony Property Owners Association DBA Villa Rio Subdivision Recreation Committee, Which is Necessary to Advance and Achieve the Public Use of Expanding and Improving the New Braunfels Utilities’ Sewer System to Meet Existing and Future Needs and Ensure Reliability.
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DEPARTMENT: New Braunfels Utilities and Public Works
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COUNCIL DISTRICTS IMPACTED: District 5
BACKGROUND INFORMATION:
The Board of Trustees of NBU adopted resolution R-2026-221 on August 27, 2026, recommending that the City acquire a permanent utility easement over, under, upon, and across certain privately-owned real property described above and depicted in the attached Exhibit A (the “Easement”) by purchase or through the use of eminent domain to advance the IH 35 Interceptor Upgrade Rio Bar Screen Project, which requires the demolition of the existing bar screen facility, including associated yard piping, and construction of a new bar screen structure, mechanical bar screen, manual bar screen, odor control system, yard piping, and additional appurtenances related thereto (collectively, the “Facilities”) which are necessary to address existing odor and operational issues and provide additional capacity to serve current and future growth in the North Kuehler sewer shed and ensure reliability
ISSUE:
New Braunfels Utilities, acting as an agent of the City is seeking approval for the City to exercise its power of eminent domain, if necessary, to acquire the rights from the following property:
• a 0.7402-Acre Permanent Utility Easement Out of the A.M. Esnaurizar Survey, Abstract 98, Comal County, Texas, Being All of Lot 8, Block 4, Resubdivision of Villa Rio, According to the Plat of Record in Volume 129, Page 312, of the Deed Records of Comal County, Texas, Located at 470 Rio Drive, New Braunfels, Texas 78130, Assigned Comal Appraisal District Property ID 67480, Owned by The Villa Rio Subdivision Recreation Committee, Operated by the Spanish Colony Property Owners Association DBA Villa Rio Subdivision Recreation Committee
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☒N/A
FISCAL IMPACT:
All costs associated with property acquisition and eminent domain proceedings will be the responsibility of NBU.
Recommendation
RECOMMENDATION:
Staff recommends approval of this resolution.