Title
Consider/Discuss/Act on Adoption of a Resolution Determining a Public Necessity to Acquire Property Easement Rights for Public Use by Eminent Domain for a Temporary Construction Easement associated with the Honey Creek Sanitary Sewer Trunk Main Project (WW1638) which Property is Located East of U.S. Highway 75, West of Spur 195, and North of Bloomdale Road and Authorizing the City Manager to Establish Procedures for Acquiring the Easement 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: May 20, 2025
DEPARTMENT: Development Services / Engineering
CONTACT: Gary Graham, PE, PTOE, Director of Engineering
Todd Wright, Real Estate Acquisitions Administrator
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 property interests from Oncor Electric Delivery Company LLC, identified as the owner of record by the Collin Central Appraisal District, and any other persons or entities claiming an interest to the property described and depicted in the Exhibit A attached to said Resolution, the description and depiction being incorporated in their entirety into this motion for all purposes including the construction, access and maintenance of infrastructure improvements located east of U.S. Highway 75, west of Spur 195, and north of Bloomdale Road associated with the Honey Creek Sanitary Sewer Trunk Main Project (WW1638).”
• 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 interests in order to acquire a Temporary Construction Easement necessary for the Honey Creek Sanitary Sewer Trunk Main Project (WW1638).
BACKGROUND INFORMATION:
• Construction of a sanitary sewer trunk main is required per the City of McKinney Wastewater Master Plan to support area growth. Construction of the project is scheduled to begin in August of 2025.
• The Project requires the acquisition of a Temporary Construction Easement from the property owner prior to construction.
• The property owner has been informed of the Project details and necessity for the acquisition of a portion of their property.
• Initial and Final offer letters were presented to the property owner based on a valuation by an independent third-party appraiser.
• The property owner and the City have not been able to come to an amicable agreement.
• While staff will continue efforts to work with the property owner in order to acquire the easements amicably if possible, it is necessary to begin condemnation proceedings to ensure the project’s schedule.
• The property owner is identified below and the Temporary Construction Easement is described and depicted in the attached Resolution as Exhibit A. This acquisition is necessary for the Honey Creek Sanitary Sewer Trunk Main Project (WW1638).
|
Property Owner |
Description |
Area/Acres |
Resolution Exhibit |
|
Oncor Electric Delivery Company LLC |
Temporary Construction Easement |
1.472 acres |
Exhibit A |
FINANCIAL SUMMARY:
• Funds for the property acquisition are available in Project WW1638.
BOARD OR COMMISSION RECOMMENDATION:
• N/A