Title
Consider/Discuss/Act on Adoption of a Resolution Determining a Public Necessity to Acquire Certain Property for Public Use by Eminent Domain for Right-of-Way (in Fee Simple) and Temporary Construction Easement for the Construction, Access and Maintenance Associated with a Roadway Infrastructure Project Along Redbud Boulevard from Approximately 1000 Feet North of Wilmeth Road to Bloomdale Road and Authorizing the Interim City Manager to Establish Procedures for Acquiring the Right-of-Way (in Fee Simple) and Temporary Construction Easement on Said Properties, and Take All Steps Necessary to Acquire the Needed Property Rights in Compliance with all Applicable Laws and Resolutions
Summary
MEETING DATE: July 15, 2014
DEPARTMENT: Development Services / Engineering
CONTACT: Mark Hines, PE, Director of Engineering
RECOMMENDED CITY COUNCIL ACTION:
· Approval of Resolution using a motion in a form substantially similar to the following:
"I move that the City of McKinney, Texas, City Council approve this item as written and adopt the Resolution described in this agenda item and authorize the use of the power of eminent domain to acquire for public use all necessary right-of-way (in fee simple) and temporary construction easement from the owner of the property depicted on and described by metes and bounds attached to said Resolution, said depictions and descriptions being incorporated in their entirety into this motion for all purposes including the construction, access and maintenance of infrastructure improvements along Redbud Boulevard from approximately 1000 feet north of Wilmeth Road to Bloomdale Road; and associated with the Roadway Infrastructure Project."
· A roll call vote is required for this item.
ITEM SUMMARY:
· This Resolution provides authority to the Interim City Manager to execute documents for the acquisition of property rights and the use of Eminent Domain to condemn property to construct:
o Paving, drainage, utility, and streetscape improvements on Redbud Boulevard from approximately 1000 feet north of Wilmeth Road to Bloomdale Road; and
o 12-inch water line improvements within the proposed Right-of-Way of Redbud Boulevard.
BACKGROUND INFORMATION:
· The improved portion of Redbud Boulevard currently ends approximately 1,000 feet north of Wilmeth Road and transitions to a rural county roadway known as CR 273.
· This project will result in a new alignment of Redbud Boulevard from its current terminus to an intersection with Bloomdale Road opposite Shawnee Drive. It will also include a 12-inch water line parallel to the roadway within the right-of-way.
· This project will provide an alternate north-south route for local traffic currently using US 75 and SH 5.
· The Project includes paving, drainage, utility, streetscape, sidewalk and water line improvements.
· Construction is anticipated to commence this Fall and anticipated completion is Fall 2015.
· The Project requires the acquisition of Right-of-Way and Temporary Construction Easements from two property owners prior to construction.
· The City has entered into an agreement to purchase with one of the two property owners.
· The remaining property owner has been informed of the project details and necessity for the acquisition of a portion of his property.
· An appraisal has been completed and sent to the property owner along with both an initial and a final offer for the proposed acquisition.
· The remaining property owner has not responded to the City's offer to purchase, therefore the City and the property owner have not been able to agree on an equitable settlement for the acquisition of the ROW. Although staff will continue efforts to negotiate an amicable settlement, the need to file an action in Eminent Domain is necessary to keep the project on schedule.
· The acquisition of the following property is necessary for the Roadway Infrastructure Project:
Property Owner |
Description |
Area |
Resolution Exhibit |
CAC Partners, LTD |
Fee Simple ROW |
1.175 AC |
B-1 |
CAC Partners, LTD |
Temporary Construction Easement |
0.131 AC |
B-2 |
FINANCIAL SUMMARY:
· Funds for the right-of-way acquisition are available in the Capital Improvements Program in ST4257.
BOARD OR COMMISSION RECOMMENDATION:
· N/A