Title
Consider/Discuss/Act on a Resolution Authorizing the Execution of Documents for the Acquisition of Right-of-Way/Easements and the Consideration of the Use of Eminent Domain to Condemn Property for the West Street Infrastructure Initiative Project along West Street from Bonner Street to Erwin Avenue.
Summary
MEETING DATE: January 17, 2012
DEPARTMENT: Development Services/Engineering
CONTACT: Jack Carr, PE, Director of Engineering
RECOMMENDED CITY COUNCIL ACTION:
· Approval of Resolution using a motion in a form substantially similar to the following:
“I move that we approve this item as written and authorize the use of the power of eminent domain to acquire all necessary right-of-way and easements from the property owners, labeled 1 through 5, indicated on the attached property locator map for the West Street Infrastructure Initiative Project.”
ITEM SUMMARY:
· This item provides authority to the City Manager to execute documents for the acquisition of right-of-way (ROW) and pedestrian easements (PE); and the use of eminent domain to condemn property as necessary for the reconstruction of the pavement, water mains, sewer mains and drainage system along West Street from Bonner Street to Erwin Avenue.
BACKGROUND INFORMATION:
· The City of McKinney Capital Improvements Program includes the reconstruction of West Street from Bonner Street to Erwin Avenue.
· According to preliminary plans, the City will need to acquire right-of-way and easements from the following property owners (see attached exhibit):
1. (P21) Katherine and Randall Balch - 27 sf ROW
2. (P23) Betsy Ann Griffith - 66 sf PE
3. (P26) Joe Varman Frizell, Jr. - 30 sf ROW and 278 sf PE.
4. (P38) L.B. Weston, LLC - 934 sf ROW.
5. (P41) Kelly Hull - 1,271 sf ROW.
· Senate Bill 18 (SB 18) was passed into law during the Texas 82nd Regular Legislative Session and became effective September 1, 2011. The Bill will have the following impacts on negotiations and the eminent domain practices...
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