SUBJECT:
title
Approval of a resolution authorizing the President & CEO, or her designee, to finalize and execute a Settlement Agreement in Lieu of Condemnation with the City of Pflugerville to grant the City one Temporary Construction Easement across up to 1.208 acres of the 25.00 acres of land owned by CapMetro located at 10805 Cameron Road, in exchange for compensation to CapMetro in the amount of $67,521.
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FISCAL IMPACT:
This action reimburses Capital Metro $67,521.
STRATEGIC PLAN:
Strategic Goal Alignment:
☐ 1. Customer ☒ 2. Community
☐ 3. Workforce ☐ 4. Organizational Effectiveness
Strategic Objectives:
☐ 1.1 Safe & Reliable Service ☐1.2 High Quality Customer Experience ☐ 1.3 Accessible System
☒ 2.1 Support Sustainable Regional Growth ☐ 2.2 Become a Carbon Neutral Agency
☒ 2.3 Responsive to Community and Customer Needs ☐ 2.4 Regional Leader in Transit Planning
☐ 3.1 Diversity of Staff ☐ 3.2 Employer of Choice ☐ 3.3 Expand Highly Skilled Workforce
☐ 4.1 Fiscally Responsible and Transparent ☐ 4.2 Culture of Safety ☐ 4.3 State of Good Repair
EXPLANATION OF STRATEGIC ALIGNMENT: The City of Pflugerville (the “City”), one of CapMetro’s community partners, is constructing a 42-inch raw water line (the “waterline”) from the Colorado River to Lake Pflugerville, within an existing easement along the northern boundary line of CapMetro’s property located at 10805 Cameron Road, parallel to Cameron Road. The City says the waterline is necessary to support the region’s growing population. CapMetro sees this as an opportunity to support the region and foster its community partnership with the City of Pflugerville.
BUSINESS CASE: A Temporary Construction Easement (TCE) is desired by the City of Pflugerville to aid its construction of a new raw water supply line from the Colorado River to the City’s treatment facilities parallel to an existing raw water line within an existing easement, which the City says is necessary to support its rapid growth and demand. The City has offered to compensate CapMetro for the temporary use of this property based upon an appraisal completed, submitted, and reviewed by CapMetro staff. The easement location overlaps with the location for CapMetro’s planned construction of the North Base Demand Response facility; as part of this TCE agreement, the City has agreed to accelerate its construction schedule and reduce the duration of the TCE, so as to minimize impact on CapMetro’s construction schedule.
COMMITTEE RECOMMENDATION: This item will be presented to the full board on October 28, 2024.
EXECUTIVE SUMMARY: The City of Pflugerville has advised CapMetro that it is installing a new raw water supply line within an existing easement. In order to construct this line, the City desires to utilize a 60-foot wide strip of vacant CapMetro land immediately adjacent to this easement. Because the proposed TCE construction period would overlap with CapMetro’s planned development of the property, CapMetro staff asked the City to accelerate its construction of this phase of its project and complete the work by October 31, 2025, so that the City’s construction does not impair or delay the CapMetro project. On September 24, 2024, the TCE agreement was approved by City Council. CapMetro staff and the City’s staff will continue to coordinate the two projects throughout the duration of each project’s construction. As consideration for CapMetro’s Board approving this TCE, a Memorandum of Understanding has been executed among the parties stipulating items regarding a separate license for the City’s raw water line to cross CapMetro railroad corridor new Delwau Lane, CapMetro’s waiver of license fees, and City’s agreement to allow CapMetro’s drainage features at the Cameron Road parcel.
DBE/SBE PARTICIPATION: Does not apply.
PROCUREMENT: Does not apply.
RESPONSIBLE DEPARTMENT: Real Estate
RESOLUTION
OF THE
CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY
BOARD OF DIRECTORS
STATE OF TEXAS
COUNTY OF TRAVIS
AI-2023-978
WHEREAS, the Capital Metropolitan Transportation Authority (CapMetro) Board of Directors and CapMetro management endeavor to partner with communities to support regional growth; and
WHEREAS, the Board and CapMetro management recognize the City of Pflugerville’s desire for a 60-foot Temporary Construction Easement to support the City of Pflugerville’s construction of a 42-inch raw water line across the northern boundary of CapMetro’s property located at 10805 Cameron Road; and
WHEREAS, the Board and CapMetro management are willing to grant the City of Pflugerville the Temporary Construction Easement so long as the City of Pflugerville’s water line project and the granting of the Temporary Construction Easement does not impair or delay CapMetro’s development of its property; and
WHEREAS, the City of Pflugerville has indicated a willingness to accelerate its construction schedule so as to not impair or delay CapMetro’s development of its property in exchange for CapMetro granting the Temporary Construction Easement.
NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President & CEO, or her designee, to finalize and execute a Settlement Agreement in Lieu of Condemnation with the City of Pflugerville to grant the City one Temporary Construction Easement across up to 1.208 acre (52,614 square feet) of the 25.00 acres of land owned by CapMetro located at 10805 Cameron Road, Austin, Travis County, Texas, in exchange for compensation to CapMetro in the amount of $67,521; and that the President & CEO, or her designee, is authorized to finalize and execute all agreements necessary to effectuate the settlement.
______________________ Date: ____________________
Secretary of the Board
Becki Ross