Title
Consider/Discuss/Act on Adoption of a Resolution Determining a Public Necessity to Acquire Certain Property for Public Use by Eminent Domain for Right-of-Way (in Fee Simple) Associated with the Virginia and Throckmorton Streets Infrastructure Improvements Project (CO2235) which Property is Located on the Northeast Corner of Virginia and Throckmorton Streets and Authorizing the City Manager to Establish Procedures for Acquiring the Right-of-Way (in Fee Simple) of 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: February 20, 2024
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 right-of-way (in fee simple) from Southwestern Bell Telephone Company, 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 depiction and description 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 Virginia and Throckmorton Streets associated with the Virginia and Throckmorton Streets Infrastructure Improvements Project (CO2235).”
• 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) necessary for the Virginia and Throckmorton Streets Infrastructure Improvements Project (CO2235).
BACKGROUND INFORMATION:
• The City’s Virginia and Throckmorton Streets Infrastructure Improvements Project will construct a single lane roundabout at the intersection of Virginia and Throckmorton Streets, and will also 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 the early spring of 2024.
• The Project requires the acquisition of right-of-way (in fee simple) from the property owner.
• 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 has not responded to the City’s final offer letter.
• 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. The acquisition of the right of way in fee simple is necessary for the Virginia and Throckmorton Streets Infrastructure Improvements Project (CO2235).
|
Property Owner |
Description |
Area/Acres |
Resolution Exhibit |
|
Southwestern Bell Telephone Company |
Right-of-Way (in Fee Simple) |
0.010 acres |
Exhibit A |
FINANCIAL SUMMARY:
• Funds for the property acquisition are available in Project CO2235.
BOARD OR COMMISSION RECOMMENDATION:
• N/A