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 between Hedgcoxe Road and Sam Rayburn Tollway, 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 replacing an existing force main; authorizing the City Manager, or his designee, to execute all necessary documents; and providing an effective date. Conducted and adopted Resolution No. 2024-4-7(R)

This is a request by North Texas Municipal Water District (NTMWD) for 6.2 acres of permanent easement and 7.0 acres of land as a temporary construction easement (TCE) for 1.5 years during its upcoming 121 Force Main Improvements Project.  The force main must connect to the lift station immediately adjacent to Legacy Trail.  The proposed easements were designed to minimize impacts on trails 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, including damages for tree removals necessary for the installation of its sanitary sewer force main.  Revenue received from granting these easements will be deposited to the Park Improvements CIP and used towards future park land acquisition and tree planting projects.     

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