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 Associated with the Green & Andrews Infrastructure Improvements Project which Property is Located at the Intersection of Green and Murray Streets Commonly Known as 208 South Murray Street and Authorizing the City Manager to Establish Procedures for Acquiring the Right-of-Way (in Fee Simple) on Said Property, and Take All Steps Necessary to Acquire the Needed Property Rights in Compliance with all Applicable Laws and Resolutions
Summary
COUNCIL GOAL: Operational Excellence
(2B: Balance available resources to accommodate the growth and maintenance needs of the city)
MEETING DATE: March 15, 2022
DEPARTMENT: Development Services / Engineering
CONTACT: Gary Graham, PE, PTOE, 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 from the owners 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 at the intersection of Green and Murray Street associated with the Green & Andrews Infrastructure Improvement Project.”
• A roll call vote is required for this item.
ITEM SUMMARY:
• This Resolution provides authority to the City Manager to execute documents for the acquisition of property rights and the use of Eminent Domain to condemn property to construct paving and associated infrastructure improvements for the Green & Andrews Streets improvement project (Project).
BACKGROUND INFORMATION:
• The Capital Improvement Plan includes annual funding for comprehensive street infrastructure improvements primarily focused on the reconstruction of substandard residential streets in East McKinney.
• Green Street (Dungan Street to Murray Street) and Andrews Street (Green Street to Greenville Road) have been identified as having a need for replacement of associated street infrastructure which does not meet current City of McKinney Engineering Design Standards.
• The Project requires the acquisition of Right-of-Way (ROW) and various easements from several property owners prior to construction.
• The property owners have been informed of the project details and necessity for the acquisition of a portion of their property.
• All property rights need to be acquired prior to commencing construction of the project which is scheduled to begin this spring.
• The City has acquired all but one parcel necessary for the project.
• The property owner of the remaining parcel (72 square foot corner clip) refuses to work with the City. Staff have made several attempts to work with the property owner to no avail.
• The 72 square foot corner clip is necessary to construct a pedestrian ramp in compliance with the American with Disabilities Act (ADA) and provide adequate turn radius for emergency vehicles at the intersection of Green and Murray.
• An appraisal was completed and sent to the property owner along with a final offer letter for the proposed acquisition.
• Although the City will continue efforts to acquire the ROW amicably, the need to file an action in Eminent Domain will be necessary to keep the project on schedule.
• The remaining property owner is identified below and in the attached Resolution as Exhibit B. The acquisition of the property indicated in Exhibit B is necessary for the Roadway infrastructure Improvement Project:
|
Property Owner |
Description |
Area/Acres |
Resolution Exhibit |
|
The Bonnie Stanfield Trust (Parcel 2) |
ROW |
0.002 Acres or 72 square feet |
B |
FINANCIAL SUMMARY:
• Funds for the property acquisition are available in project ST2267.
BOARD OR COMMISSION RECOMMENDATION:
• N/A