File #: 14-273    Name: Eminent Domain-Stacy Elevated Storage Tank Site
Type: Resolution Status: Approved
In control: City Council Regular Meeting
On agenda: 3/18/2014 Final action: 3/18/2014
Title: Consider/Discuss/Act Upon 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) for the Construction Associated with the Stacy Road Elevated Storage Tank Project Located Along Stacy Road Approximately 2400 Feet East of Alma Road; Authorizing the Deputy 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
Attachments: 1. Resolution, 2. Location Map
Title
Consider/Discuss/Act Upon 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) for the Construction Associated with the Stacy Road Elevated Storage Tank Project Located Along Stacy Road Approximately 2400 Feet East of Alma Road; Authorizing the Deputy 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

MEETING DATE: March 18, 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) from the owners of the property depicted on and described by metes and bounds attached to said Resolution, said depiction and description being incorporated in their entirety into this motion for all purposes including the construction, access, and maintenance of the Stacy Road Elevated Storage Tank located along Stacy Road approximately 2400 feet east of Alma Road."

ITEM SUMMARY:
* This Resolution provides authority to the Deputy City Manager to execute documents for the acquisition of right-of-way (ROW) in fee simple; and the use of Eminent Domain to condemn property to construct the Stacy Road Elevated Storage Tank located along Stacy Road approximately 2400 feet east of Alma Road.

BACKGROUND INFORMATION:
* The 2013 Water Distribution System Master Plan provides for an elevated water storage tank in the vicinity of Alma Road in the Regional Emplo...

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