AGENDA CAPTION:
Title
Consider approval of Resolution 2026-03R, approving a Compromise and Settlement Agreement with Mary Beth Harper and Jaime Lynn Harper providing for the city to purchase a 3.004 acre water, wastewater, and recycled water easement located along State Highway 80, between Old Bastrop Road and Farm to Market 110, for a price of $166,500.00 plus associated closing costs; authorizing the City Manager, or her designee, to execute said agreement and associated closing documents on behalf of the city; and declaring an effective date.
Body
Meeting date: January 20, 2026
Department: Engineering & CIP
Amount & Source of Funding
Funds Required: $166,500.00
Account Number: 52092455-70200
Funds Available: $500,915.90
Account Name: C555-Highway 80 Lift Station and 10-inch FM
Fiscal Note:
Prior Council Action: : Resolution No. 2024-83R on May 21, 2024, and Resolution No. 2025-89R on May 20, 2025.
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Background Information:
Based on the agreed upon settlement for land rights acquisition, we request authorization for city to pay the landowner $166,500.00 in order to finalize an easement that is required for water, wastewater, and recycled water improvements on the Highway 80 Utilities Project.
To provide additional wastewater collection system capacity and alleviate surcharges in the existing wastewater infrastructure, a new lift station and force main are needed to convey wastewater flows from the northeast side of town to the wastewater treatment plant. Water transmission and recycled water transmission improvements are also necessary for this part of the system and will be placed in the same easement and therefore, the city is acquiring 3.004 acres, more or less, for a water, wastewater, and recycled water line easement and right-of-way for the installation and perpetual operation of the improvements. The owner of the property from which the easement is acquired is Mary Beth Harper a/k/a Mary Nance Harper, individually and as Independent Executor of the Estate of Ray Stewart Harper, and Jaime Lynn Harper.
In accordance with the Special Commissioners award for property rights, the city previously deposited $408,500.00 in the Caldwell County Registry of the Court. Over the course of our continued negotiations, we have agreed upon an additional payment of $166,500.00 to settle this matter to avoid continuing this matter to a jury trial. The total payment for this easement acquisition equates to $575,000.00, plus associated closing costs, attorney fees, and court costs.
Authorization of the $166,500.00 settlement amount will provide the city with an executed easement for construction of wastewater and recycled water improvements on the Highway 80 Utilities Project and complete the land acquisition effort for this parcel.
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Recommendation:
Staff recommend approval of this item.