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 Greenbelt Trail, pursuant to Chapter 26 of the Texas Parks and Wildlife Code to approve a permanent sanitary sewer and access easement at the dedicated parkland for a manhole replacement project; authorizing the City Manager, or his designee, to execute all necessary documents; and providing an effective date. Conducted and adopted Resolution No. 2025-5-8(R)

This is a request by North Texas Municipal Water District (NTMWD) to approve taking 0.287 acres of parkland for a permanent sanitary sewer and access easement for the purpose of a manhole replacement, in a portion of the City of Plano parkland, known as Legacy Greenbelt Trail located southwest of Ohio Drive.  The manhole replacement is necessary to avoid sanitary sewer overflow and future emergency repair.  The installation of this replacement will not impair the function or aesthetics of the trail.  NTWMD has consulted with Parks staff to design the project with minimal damage to the parkland and trees. 

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 March 5, 2025, and received the Board’s support.  No future action is anticipated.

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

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