AGENDA CAPTION:
Title
Consider approval of Resolution 2026-59R, approving a Mediated Settlement Agreement with Two Rivers Interests, LP, providing for the city to purchase a 0.311 acre, a 0.025 acre, and a 1.165 acre wastewater easement, and an approximate 0.07 acre temporary construction easement located along Staples Road, between Broadway Street and Old Bastrop Highway, for the Staples Road Wastewater Improvements, for a price of $168,900.00 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: April 21, 2026
Department: Engineering & CIP
Amount & Source of Funding
Funds Required: $168,900.00
Account or Project Number (C = CIP funds): DP30
Funds Available: $168,900.00
Account Name: HK Baugh Ranch Development
Fiscal Note:
Prior Council Action: Resolution No. 2023-91R on May 16, 2023, and Resolution No. 2024-04R on January 16, 2024
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Background Information:
Based on the agreed upon mediated settlement agreement, we request authorization for city to pay the landowner $168,900.00 in order to finalize easements that are required for wastewater improvements on the Staples Road Wastewater Improvements 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 southeast side of town to the wastewater treatment plant, the city is acquiring a 0.311 acre, a 0.025 acre, and a 1.165 acre wastewater easement, and an approximate 0.07 acre temporary construction easement, more or less, for a wastewater 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 Two Rivers Interests, LP, a Texas limited partnership.
In accordance with the Special Commissioners award for property rights, the city previously deposited $271,100.00 in the Hays County Registry of the Court. Over the course of our continued negotiations, we have agreed upon an additional payment of $168,900.00 to settle this matter to avoid continuing this matter to a jury trial. The total payment for this easement acquisition equates to $440,000.00, plus associated closing costs, attorney fees, and court costs.
Authorization of the $168,900.00 settlement amount will provide the city with an executed easement for construction of wastewater and recycled water improvements on the Staples Road Wastewater Improvements Project and complete the land acquisition effort for this parcel.
Council Committee, Board/Commission Action:
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Recommendation:
Staff recommend approval of this item.