Title
Consider/Discuss/Act on Adoption of a Resolution Determining a Public Necessity to Acquire Certain Properties in Fee Simple and Easement Rights for Public Use by Eminent Domain for Rights-of-Way (in Fee Simple), Temporary Construction Easements, and a Pedestrian Access Easement Associated With the McKinney Amphitheater Improvements Project (ST2514) Which Properties are Bounded Approximately by US 75 to the West, Eldorado Parkway to the North, Medical Center Drive to the East, and Spur 399 to the South and Authorizing the City Manager to Establish Procedures for Acquiring the Rights-of-Way (in Fee Simple), Temporary Construction Easements, and a Pedestrian Access Easement on Said Properties and Take All Steps Necessary to Acquire the Needed Properties 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: March 3, 2026
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 Emerson Process Management Regulator Technologies, Inc., LXMI McKinney Property Owner LLC, ABS TX Investor, LP, Big Diamond Inc., McRoy Corporation, South Trust Bank, Venezias Pizza Café, Bailey Lee and Susan Lum, Trustees of the Bailey Lee and Susan Lum Trust dated January 20, 2005, Mosin Lum and Patrick Gee-Kie Lum, Trustees of the Ming Cheung Lum Credit Shelter Trust dated May 20, 2010 (as established by The Ming and Mosin Lum Revocable Trust dated March 4, 1992), Bob Chan and Leslie Yee Chan, Trustees of the Bob and Leslie Chan 2001 Family Trust dated February 25, 2001, Patrick Lum and Yu Ye Lum, Trustees of the Patrick and Yu Ye Lum Revocable Trust dated January 20, 2005, and Wayne Siu and Anita Tam Siu, Trustees of the Wayne Siu and Anita Tam Siu Living Trust dated December 6, 1993, and Church of God, A Worldwide Association, Inc., identified as owners of record by the Collin Central Appraisal District (the Property Owners), 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 bounded approximately by US 75 to the West, Eldorado Parkway to the North, Medical Center Drive to the East, and Spur 399 to the South associated with the McKinney Amphitheater Improvements Project (ST2514).”
• 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 Rights-of-Way (in Fee Simple), Temporary Construction Easements, and a Pedestrian Access Easement necessary for the McKinney Amphitheater Improvements Project (ST2514).
BACKGROUND INFORMATION:
• The City’s McKinney Amphitheater Improvements Project extends from the area bounded approximately by US 75 to the West, Eldorado Parkway to the North, Medical Center Drive to the East, and Spur 399 to the South, and will include improvements to street paving, sidewalk paving, landscape/hardscape, illumination, traffic signal improvements, information technology system improvements, and other associated street elements. Construction of the Project is scheduled to begin in mid-2026.
• The Project requires the acquisition of Rights-of-Way (in Fee Simple), Temporary Construction Easements, and a Pedestrian Access Easement from the Property Owners.
• The Property Owners have been informed of the Project details and necessity for the acquisition of portions of their property.
• Initial Offers were provided to the landowners based on valuations by an independent third-party appraiser.
• While staff will continue efforts to work with the Property Owners in order to acquire the easements amicably, it is necessary to begin condemnation proceedings to keep the project on schedule.
•
The Property Owners are identified below, and the properties are described and depicted in the attached Resolution as Exhibit A, (RW4), Exhibit A, (RW5), Exhibit A, (TCE12), Exhibit A, (TCE13), Exhibit A, (RW7), Exhibit A, (TCE7), Exhibit A, (RW8), Exhibit A, (TCE8), Exhibit A, (RW9), Exhibit A, (TCE9), Exhibit A, (TCE10), Exhibit A, (RW11), Exhibit A, (TCE11), Exhibit A, (TCE3), Exhibit A, (TCE4), Exhibit A, (PAE12), and Exhibit A, (TCE19). The acquisition of the Rights-of-Way (in Fee Simple), Temporary Construction Easements, and a Pedestrian Access Easement are necessary for the McKinney Amphitheater Improvements Project (ST2514).
|
Property Owner |
Description |
Area/Acres |
Resolution Exhibit |
|
Emerson Process Management Regulator Technologies, Inc. LXMI McKinney Property Owner LLC ABS TX Investor, LP Big Diamond Inc. McRoy Corporation South Trust Bank Venezias Pizza Cafe Bailey Lee and Susan Lum, Trustees of the Bailey Lee and Susan Lum Trust dated January 20, 2005, Mosin Lum and Patrick Gee-Kie Lum, Trustees of the Ming Cheung Lum Credit Shelter Trust dated May 20, 2010 (as established by the Ming and Mosin Lum Revocable Trust dated March 4, 1992), Bob Chan and Leslie Yee Chan, Trustees of the Bob and Leslie Chan 2001 Family Trust dated February 25, 2001, Patrick Lum and Yu Ye Lum, Trustees of the Patrick and Yu Ye Lum Revocable Trust dated January 20, 2005, and Wayne Siu and Anita Tam Siu, Trustees of the Wayne Siu and Anita Tam Siu Living Trust dated December 6, 1993 Church of God, A Worldwide Association, Inc. |
Right-of-Way (in Fee Simple) Right-of-Way (in Fee Simple) Temporary Construction Easement Temporary Construction Easement Right-of-Way (in Fee Simple) Temporary Construction Easement Right-of-Way (in Fee Simple) Temporary Construction Easement Right-of-Way (in Fee Simple) Temporary Construction Easement Temporary Construction Easement Right-of-Way (in Fee Simple) Temporary Construction Easement Temporary Construction Easement Temporary Construction Easement Pedestrian Access Easement Temporary Construction Easement |
0.077 acres 0.043 acres 0.141 acres 0.048 acres 0.055 acres 0.060 acres 0.031 acres 0.029 acres 0.009 acres 0.011 acres 0.007 acres 0.055 acres 0.056 acres 0.007 acres 0.005 acres 0.003 acres 0.058 acres |
Exhibit A, (RW4) Exhibit A, (RW5) Exhibit A, (TCE12) Exhibit A, (TCE13) Exhibit A, (RW7) Exhibit A, (TCE7) Exhibit A, (RW8) Exhibit A, (TCE8) Exhibit A, (RW9) Exhibit A (TCE9) Exhibit A, (TCE10) Exhibit A, (RW11) Exhibit A, (TCE11) Exhibit A, (TCE3) Exhibit A, (TCE4) Exhibit A, (PAE12) Exhibit A, (TCE19) |
FINANCIAL SUMMARY:
• All costs associated with eminent domain will be paid by the developer per the Chapter 380, Grant, and Development Agreement by and among City of McKinney, Texas, McKinney Economic Development Corporation, McKinney Community Development Corporation and Venu Holding Corporation, Successor-By-Name-Change to Notes Live, Inc.
BOARD OR COMMISSION RECOMMENDATION:
• N/A