File #: 12-920    Name: Eminent Domain for ROW at FM543/US 75
Type: Resolution Status: Approved
In control: City Council Regular Meeting
On agenda: 10/16/2012 Final action: 10/16/2012
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
Attachments: 1. Agenda Item Summary, 2. Resolution, 3. Location Map
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 an...

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