Public Hearing and consideration of a Resolution to approve the use or taking of a portion of City of Plano public parkland, known as Legacy Trail at Ohio Drive, pursuant to Chapter 26 of the Texas Parks and Wildlife Code to approve using a portion of dedicated parkland as temporary storage and a utility easement for the purpose of Preston Road Lift Station improvements located at 8015 Ohio Drive; authorizing the City Manager, or his designee, to execute all necessary documents; and providing an effective date. Conducted and adopted Resolution No. 2024-4-6(R)

This is a request by the North Texas Municipal Waster District (NTMWD) for a .02 acre permanent easement and a .4 acre of land as a temporary construction easement (TCE) for three years during its upcoming Preston Road Lift Station Expansion Project.  The lift station location is immediately adjacent to Legacy Trail.  The proposed easements avoid impacts on the trail and trees.  Once the project is complete, disturbed areas will be restored, and turf will be re-established.  

Chapter 26, Section 26.001 of the Parks And Wildlife Code states that “A department, agency, political subdivision, county, or municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park, recreation area, scientific area, wildlife refuge, or historic site, unless the department, agency, political subdivision, county, or municipality, acting through its duly authorized governing body or officer, determines that:

(1)  there is no feasible and prudent alternative to the use or taking of such land; and

(2)  the program or project includes all reasonable planning to minimize harm to the land, as a park, recreation area, scientific area, wildlife refuge, or historic site, resulting from the use or taking.”

The matter was heard by the Parks and Recreation Planning Board on February 27, 2024, and received the Board’s support.

No future action is anticipated.

NTMWD will compensate the City the fair market value for the permanent and temporary easements necessary for its project based on a third-party appraisal.  Revenue received from granting these easements will be deposited to the Park Improvements CIP and used for future park land acquisition.

Approval of this item supports the City's Strategic Plan Critical Success Factor of Excellent, Innovative, and Accountable City Government.