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 Drainage Easement, and a Temporary Construction Easement associated with the Church, Henry & McKinney Streets Infrastructure Improvements Project (CO2213) which Property is Located at the Northeast Corner of S. Church Street and W. Standifer Street 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: October 6, 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 Andrew Sanchez, identified as owner 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 the northeast corner of S. Church Street and W. Standifer Street associated with the Church, Henry & McKinney Streets Infrastructure Improvements Project (CO2213).”
• 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 Drainage Easement, and a Temporary Construction Easement necessary for the Church, Henry & McKinney Streets Infrastructure Improvements Project (CO2213).
BACKGROUND INFORMATION:
• The City’s Church, Henry & McKinney Streets Infrastructure Improvement Project will include improvements to underground utilities, storm drainage, street paving, pedestrian walkways/ADA accessibility, parking, landscape/hardscape, illumination, and other associated street elements. Construction of the Project is scheduled to begin in early 2026.
• The Project requires the acquisition of Right-of-Way (in Fee Simple), a Drainage 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.
• Initial and Final offer letters were presented to the property owner based on a valuation by an independent third-party appraiser.
• The property owner has not responded to the City’s offer letters.
• 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 property owner is 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 easements are necessary for the Church, Henry & McKinney Streets Infrastructure Improvement Project (CO2213).
|
Property Owner |
Description |
Area/Acres |
Resolution Exhibit |
|
Andrew Sanchez |
Right-of-Way (in Fee Simple) Drainage Easement Temporary Construction Easement |
0.0184 acres 0.0065 acres 0.0246 acres |
Exhibit A, Tract I Exhibit A, Tract II Exhibit A, Tract III |
FINANCIAL SUMMARY:
• Funds for the property acquisition are available in Project CO2213.
BOARD OR COMMISSION RECOMMENDATION:
• N/A