Discussion and possible action to adopt RES. 2024-96 authorizing the acquisition of property rights to construct the south half-street improvements for Jomax Road between 72nd Drive and 75th Avenue by donation, outright purchase or the exercise of the power of eminent domain, in accordance with budget authority previously approved by Council.

Development at the northeast and southwest corners of 75th Avenue and Jomax Road are constructing the Jomax Road improvements along their frontage.  There are several smaller parcels along the south side of Jomax Road between 72nd Drive and 75th Avenue that remain undeveloped single-family residential zoned parcels.  With the uncertainty of when these parcels will develop, the City programmed the construction of the south half-street improvements for this segment of Jomax Road to align with the developments to the east and west.

Design efforts are nearing completion, and the project team has identified the land rights necessary to construct the proposed improvements.  Final legal descriptions have been provided for the acquisition of the lands necessary to construct these improvements.  The individual parcels are part of the attached resolution.  The formal acquisition process will commence upon Council approval.  The City will offer property owners the opportunity to donate the property, offer appraised value in a negotiated settlement or, as a last resort, request the City Attorney to file for condemnation.

A separate Council action is being presented this meeting for the dedication of land rights from the City owned parcel at the southeast corner of 75th Avenue and Jomax Road.

Staff recommends that City Council approve the adoption of the attached Resolution authorizing the acquisition of the land rights necessary to construct the roadway improvements for Jomax Road between 72^nd Drive and 75^th Avenue by donation, outright purchase or the exercise of the power of eminent domain.

Funding for the acquisitions is available in the FY 2025-FY2034 Capital Improvement Program – EN00591 – Jomax Road Improvements; 72^nd Drive to 75^th Avenue Project (7003-7053-540000-CIPST-EN00591 and 7010-7075-540000-CIPST-EN00591).