Title
Consider/Discuss/Act Upon Adoption of a Resolution Determining a Public Necessity to Acquire Certain Properties for Public Use by Eminent Domain for Right-of-Way (in Fee Simple), Drainage Easements, Slope Easements and Temporary Construction Easements for the Construction, Access and Maintenance Associated with the FM 543 Realignment Project Commencing from US 75 Continuing Northwesterly for Approximately 2400 Feet; Authorizing the City Manager to Establish Procedures for Acquiring the Right of Way (in Fee Simple) and Easements 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: October 16, 2012
DEPARTMENT: Development Services / Engineering
CONTACT: Jack Carr, 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 easements from the owners of the properties 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, maintenance and realignment of FM 543 from US 75 continuing northwesterly for Approximately 2400 feet.”
ITEM SUMMARY:
• This Resolution provides authority to the City Manager to execute documents for the acquisition of right-of-way (ROW), drainage easements and slope easements; and the use of Eminent Domain to condemn property to construct the realignment of FM 543 from US 75 continuing northwesterly for approximately 2400 feet.
BACKGROUND INFORMATION:
• TxDOT is reconstructing US 75 between Bloomdale Road and Telephone Road including the reconfiguration of the interchange at FM 543 to be in conformance with the City’s Master Thoroughfare Plan.
• The City of McKinney Capital Improvements Program includes the realignment of a section of FM 543 north of US 75 to align with the reconfigured interchange.
• The Project will provide approximately 1800 feet of 4-lane divided arterial roadway extending northwest of US 75, and 2000 feet of 2-lane arterial roadway that will connect to the existing section of FM 543.
• The Project includes paving, drainage, signage, striping and illumination improvements.
• Construction is anticipated to commence in the Spring of 2013 with an estimated completion time of 6 months.
• The City needs to acquire ROW (in fee simple), drainage easements and slope easements prior to construction of the Project.
• The affected property owners have been informed of the project details and proposed acquisitions.
• The City will attempt to amicably acquire the necessary property rights from the landowners voluntarily through the making of bona fide offers prior to filing an action in Eminent Domain.
• The appraisal firm of KIP Realty, LLC has completed the applicable appraisals and initial offer letters have been sent to the affected property owners.
• The acquisition of the following properties is necessary for the FM 543 Realignment Project:
|
Property Owner |
Description |
Area |
Exhibit |
|
Elaine Dawson |
Fee Simple ROW |
0.9786 Acres |
B1 |
|
Elaine Dawson |
Drainage Easement |
0.0938 Acres |
B2 |
|
Elaine Dawson |
Slope Easement |
0.1715 Acres |
B3 |
|
Elaine Dawson |
Slope Easement |
0.3438 Acres |
B4 |
|
Cole 154 LLC (Evelyn Cole) |
Fee Simple ROW |
1.2141 Acres |
B5 |
|
Cole 154 LLC |
Drainage Easement |
0.067 Acres |
B6 |
|
Cole 154 LLC |
Slope Easement |
0.1145 Acres |
B7 |
• SB 18 allows a single resolution to be adopted if: (a) the motion indicates that the first record vote applies to all units of property to be condemned; and (b) the minutes of the City reflect that the first vote applies to all of those units. If two or more members of the City Council object to adopting a single resolution for all of the units of property, then a separate vote must be made for each unit.
FINANCIAL SUMMARY:
• Funds for the right-of-way and easement acquisitions are available in the Capital Improvements Program in ST6091.
BOARD OR COMMISSION RECOMMENDATION:
• N/A