Council finds public purpose for sewer easement for Nature Creek Reserve and hires condemnation counsel if negotiations fail

Council approved a resolution declaring it necessary to acquire a sewer easement to extend infrastructure to Phase 1 of the Nature Creek Reserve development and authorized staff to proceed with eminent-domain proceedings if voluntary negotiations fail.

Staff explained prior efforts to obtain the easement through private negotiations had stalled with a single property owner whose parcel lies along the proposed route. To prepare for the possibility that voluntary acquisition will not succeed, council also approved an engagement letter with Baker Moran Doggett & Dobbs LLP to provide outside condemnation counsel and represent the city in any necessary eminent-domain proceedings. Staff said Nature Creek (the developer) would reimburse professional and legal costs under an agreement to be executed; staff also said they would attempt to minimize city costs where possible.

Staff advised that acquiring the easement and installing the sewer main would make the upstream property more developable, and described the orange line (proposed sewer) and yellow band (easement) for council orientation. The resolution and the engagement letter were approved on council vote.

Ending

Staff will continue negotiations and, if necessary, work with outside counsel to pursue eminent-domain proceedings; recordations and right-of-way dedications will follow any acquisition.