PRESENTER: Presenter
Matthew Eckmann, Assistant Director of Public Works
Body
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 Lynn K. Wohlfahrt, a 1.034 Acre (45,040 square foot) tract of land and a in the A.M. Esnaurizar Survey No. 98, of Comal County, Texas, and being out of the remainder of the called 92.49 acre tract recorded in Document No. 200306025956 of the Official Public Records (O.P.R.) of Comal County, Texas (Comal County Parcel No. 71705).
b. Property owned by Lynn K. Wohlfahrt, a 0.581 acre (25,301 square foot) temporary construction easement in the A.M. Esnaurizar Survey No. 98, of Comal County, Texas, and being out of the remainder of the called 92.49 acre tract recorded in Document No. 200306025956 of the Official Public Records (O.P.R.) of Comal County, Texas (Comal County Parcel No. 71705).
c. Property owned by Lynn K. Wohlfahrt, a 0.576 Acre (25,077 square foot) tract of land in the A.M. Esnaurizar Survey No. 98, of Comal County, Texas, and being out of the remainder of the called 92.49 acre tract recorded in Document No. 200306025956 of the Official Public Records (O.P.R.) of Comal County, Texas (Comal County Parcel No. 428468).
Header
DEPARTMENT: Public Works
Body
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 Lynn K. Wohlfahrt, a 1.034 Acre (45,040 square foot) tract of land and a 0.581 acre (25,301 square foot) temporary construction easement in the A.M. Esnaurizar Survey No. 98, of Comal County, Texas, and being out of the remainder of the called 92.49 acre tract recorded in Document No. 200306025956 of the Official Public Records (O.P.R.) of Comal County, Texas (Comal County Parcel No. 71705).
b. Property owned by Lynn K. Wohlfahrt, a 0.576 Acre (25,077 square foot) tract of land in the A.M. Esnaurizar Survey No. 98, of Comal County, Texas, and being out of the remainder of the called 92.49 acre tract recorded in Document No. 200306025956 of the Official Public Records (O.P.R.) of Comal County, Texas (Comal County Parcel No. 428468).
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