Title
Consider a memorandum/resolution approving a request submitted by Jane W. Janecek, on behalf of Bunny Trail Real Estate, LP, authorizing the City to utilize its condemnation authority in accordance with Killeen Code of Ordinances Sec. 26-93 for a 0.032 acre tract of land located east of The Landing at Clear Creek, Phase IV at the terminus of Mohawk Drive.
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DATE: January 7, 2025
TO: Kent Cagle, City Manager
FROM: Wallis Meshier, Interim Director of Development Services
SUBJECT: Use of condemnation authority for the extension of Mohawk Drive
BACKGROUND AND FINDINGS:
On April 11, 2023, the City Council approved a petition for voluntary annexation submitted by Bunny Trail, LP for 221.272 acres located on the west side of Bunny Trail (Ordinance No. 23-026). At the same meeting, the City Council also approved a request to rezone the property to a Planned Unit Development (PUD) (Ordinance No. 23-027).
There is a narrow strip of land located on the west side of the approved PUD boundary, which is a remainder of The Landing at Clear Creek subdivision and is still owned by WBW Development. The strip of land measures approximately 14 feet wide and 726 feet long. Because it is not owned by the developer of the PUD, this strip of land was not included in the petition for voluntary annexation and is, therefore, still located outside the corporate City limits.
The City of Killeen Thoroughfare Plan and the PUD contemplate extending Mohawk Drive through the proposed development to Bunny Trail. The narrow strip of land separates the current terminus of Mohawk Drive from the property owned by Bunny Trail, LP, and, therefore, precludes access to the proposed development from Mohawk Drive. In order to connect to Mohawk Drive, the 14-foot by 100-foot strip of right-of-way, separating the current terminus of Mohawk Drive and from the proposed development, must be included within the platted boundary by the developer. This strip of right-of-way amounts to 1,404 square foot, or 0.032 acres.
According to a third-party appraisal conducted by National Appraisal Partners, LLP, the fair market value of this 1,404 square foot piece of property is $1,264. On February 22, 2024, Bunny Trail, LP offered to purchase the property from WBW Development for $20,000. The offer to purchase was not accepted.
On September 11, 2024, Jane W. Janecek, on behalf of Bunny Trail, LP, submitted a Request for Use of City Condemnation Authority in accordance with Sec. 26-93.
THE ALTERNATIVES CONSIDERED:
N/A
Which alternative is recommended? Why?
N/A
CONFORMITY TO CITY POLICY:
The proposed ordinance conforms to all applicable City policies.
FINANCIAL IMPACT:
What is the amount of the revenue/expenditure in the current fiscal year? For future years?
This is not applicable.
Is this a one-time or recurring revenue/expenditure?
This is not applicable.
Is this revenue/expenditure budgeted?
This is not applicable.
If not, where will the money come from?
This is not applicable.
Is there a sufficient amount in the budgeted line-item for this revenue/expenditure?
This is not applicable.
RECOMMENDATION:
Staff finds that the applicant’s request for use of City condemnation authority conforms with all City requirements, as stipulated in Killeen Code of Ordinances Sec. 26-93. Therefore, staff recommends that the City Council approve a Memorandum/Resolution approving the applicant’s request for the City to utilize its condemnation authority in accordance with Killeen Code of Ordinances Sec. 26-93 and authorize the City Manager, or designee, to execute all documents necessary to initiate condemnation proceedings to acquire the land.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by Development Services and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Petition
Survey
Condemnation Appraisal
Developer Offer to Purchase
Presentation