Title
Consider/Discuss/Act on a Ordinance Waiving the City’s Right of First Refusal to Purchase Certain Unused Surplus Portions of the Former Farm-to-Market Road 720 (“FM 720”) Right-of-Way from the Texas Department of Transportation
Summary
MEETING DATE: December 7, 2010
DEPARTMENT: Development Services / Engineering
CONTACT: Corey Nesbit, PE, Engineering Development Manager
RECOMMENDED CITY COUNCIL ACTION:
• Approval of the Ordinance.
ITEM SUMMARY:
• This Ordinance waives the City’s right of first refusal for the unused surplus right-of-way formerly used as FM 720.
BACKGROUND INFORMATION:
• In 2001, FM 720 was removed from the Texas highway system and the maintenance responsibility was transferred to the City.
• Removing this roadway from the TxDOT highway system allowed sections of roadway (McKinney Ranch Parkway and Silverado Trail) to be realigned and quickly constructed by avoiding the delays created by the TxDOT-required processes.
• When the roadway maintenance responsibility was transferred to the City the ownership of the underlying land was not transferred and the right-of-way continues to be owned by the State of Texas.
• A majority of the right-of-way has been incorporated into the right-of-way of the new sections of McKinney Ranch Parkway, Stacy Road, and Silverado Trail and there is a section of the original roadway south of Bountiful Grove Drive that continues to be used for access to Live Oak Lawn and Landscape.
• The unused sections of right-of-way are as follows:
o Between Stacy Road and the south property line of Live Oak Lawn and Landscape
o Between Bountiful Grove Drive and Silverado Trail
o Between Silverado Trail and McKinney Ranch Parkway
• One of the landowners adjacent to an unused section of right-of-way is working with TxDOT to purchase the land adjacent to his property and plans to incorporate the surplus right-of-way into his development project.
• TxDOT is required to offer to sell surplus right-of-way to the local government and cannot sell it to individuals until the local government has declined the offer.
• The unused property will not be needed for the arterial roadway network and the Harvest Bend Subdivision street configuration provides two locations where streets have been stubbed out at the east boundary of the subdivision allowing for the two streets to be eventually extended eastward through the adjacent property providing connections to McKinney Ranch Parkway.
• The closure of FM 720 and the future access to be provided with the subdivision east of FM 720 was explained during the development process for Harvest Bend and the Bates Montessori School; therefore, the purchase of the land by the City is not recommended.
• This Ordinance formally waives the right of first refusal for the unused sections of former FM 720 right-of-way.
• Utility easements and emergency vehicle access rights will be retained along these unused sections of former FM 720 right-of-way and the need for these retained easements will be thoroughly evaluated at the time the adjacent properties develop.
FINANCIAL SUMMARY:
• The adjacent property owners will continue to coordinate directly with TxDOT and will be responsible to reach agreement on the purchase price of the property.
• The City of McKinney has no financial responsibility in conveyance of this property.
BOARD OR COMMISSION RECOMMENDATION:
• N/A