Title
Consider/Discuss/Act on Adoption of a Resolution Determining a Public Necessity to Acquire Certain Property in Fee Simple and Easement Rights for Public Use by Eminent Domain for Right-of-Way (in Fee Simple), a Slope Easement, and a Temporary Construction Easement associated with the Laud Howell Parkway Project (DEV2025-00063) which Property is Located on County Road 202 East of County Road 201 and West of Armadillo Ridge Road and Authorizing the City Manager to Establish Procedures for Acquiring the Right-of-Way (in Fee Simple) and Easements 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
(2.1: Balance available resources to accommodate the growth and maintenance needs of the City)
MEETING DATE: December 2, 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 Billy Tate and Brandee Tate, identified as owners of record by the Collin Central Appraisal District, and any other persons or entities claiming an interest to the property 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 and maintenance of infrastructure improvements located on County Road 202 associated with the Laud Howell Parkway Project (DEV2025-00063).”
• 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 Right-of-Way (in Fee Simple), a Slope Easement, and a Temporary Construction Easement necessary for the Laud Howell Parkway Project (DEV2025-00063).
BACKGROUND INFORMATION:
• The City’s Laud Howell Parkway Project will begin at the current west terminus of Laud Howell Parkway and continue to FM 1461, and will include improvements to underground utilities, storm drainage, street paving, landscape/hardscape, illumination, and other associated street elements. Construction of the Project is scheduled to begin in late 2025.
• The Project requires the acquisition of Right-of-Way (in Fee Simple), a Slope Easement, and a Temporary Construction Easement from the property owner.
• The property owner has been informed of the Project details and necessity for the acquisition of portions of their property.
• An Initial Offer was provided to the landowner based on a valuation by an independent third-party appraiser.
• The landowner has not responded to the City’s Offer.
• While staff will continue efforts to work with the property owner in order to acquire the easements amicably, it is necessary to begin condemnation proceedings to keep the project on schedule.
• The landowners are identified below, and the property is described and depicted in the attached Resolution as Exhibit A Tract I, Exhibit A Tract II, and Exhibit A Tract III. The acquisition of the Right-of-Way (in Fee Simple) and the Slope and Temporary Construction Easements are necessary for the Laud Howell Parkway Project (DEV2025-00063).
|
Property Owner |
Description |
Area/Acres |
Resolution Exhibit |
|
Billy Tate and Brandee Tate |
Right-of-Way (in Fee Simple) Slope Easement Temporary Construction Easement |
0.207 acres 0.054 acres 0.140 acres |
Exhibit A, Tract I Exhibit A, Tract II Exhibit A, Tract III |
FINANCIAL SUMMARY:
• All costs associated with eminent domain will be paid by the developer per the Honey Creek Development Agreement.
BOARD OR COMMISSION RECOMMENDATION:
• N/A