Title
Consider/Discuss/ Act on a Resolution Authorizing the City Manager to Execute a Revocable License Agreement between the City of McKinney and Eldorado Homeowners’ Association, Inc. to Allow for the Construction and Maintenance of a Private Retaining Wall within the Country Club Drive Right-Of-Way
Summary
COUNCIL GOAL: 2.1: Balance available resources to accommodate the growth and maintenance needs of the city
MEETING DATE: July 7, 2026
DEPARTMENT: Public Works
City Attorney’s Office
CONTACT: Ryan Gillingham, Director of Public Works
Mark Houser, City Attorney
RECOMMENDED CITY COUNCIL ACTION:
• Approval of the Resolution authorizing the City Manager to execute a Revocable License Agreement with the Eldorado Homeowners’ Association, Inc.
ITEM SUMMARY:
• Under this Revocable License Agreement, the Eldorado Homeowners’ Association, Inc. (“Eldorado HOA”) is allowed to remove an existing private retaining wall located within the Country Club Drive right-of-way and construct a new retaining wall within that same area. The Revocable License Agreement also requires the Eldorado HOA to pay the City in the amount of $111,000 to cover the additional costs of relocating the City’s water line to a different portion of the City’s right-of-way area.
BACKGROUND INFORMATION:
• • Country Club Drive is a public right-of-way maintained by the City that serves the Eldorado of McKinney subdivision.
• The City previously constructed and installed an underground water line within that portion of the Country Club Drive right-of-way that runs along the southern property line of those homes located on Augusta Street.
• At some time, a private retaining wall was constructed within the City’s ROW area over and on top of the existing water line without the City’s permission.
• The Eldorado HOA was adjudicated to be the responsible party for maintenance and repair of the private retaining wall.
• The City intends to reconstruct portions of Country Club Drive and/or the underground utilities located thereunder, as a part of a future capital improvement project.
• As a part of said future capital improvement project, the Eldorado HOA has agreed to pay $111,000 to the City for its additional costs to move the existing City water line to a different portion of the City’s ROW area so as to not interfere with the private retaining wall.
• The Eldorado HOA has also requested permission to remove the existing private retaining wall and construct a new private retaining wall within the City’s ROW area.
The Eldorado HOA must still obtain all such permits and variances as may be required under the City’s Code of Ordinances to construct the new private retaining wall and shall be solely responsible for the construction, maintenance, removal and replacement of said private retaining wall.
FINANCIAL SUMMARY:
• Upon execution of this Revocable License Agreement, the Eldorado HOA will make payment to the City in the amount of $111,000 to cover the additional costs of relocating the City’s water line to a different portion of the City’s right-of-way area.
BOARD OR COMMISSION RECOMMENDATION:
• N/A