REAL ESTATE COMMITTEE MEETING - September 22, 2021 (Via Videoconference) - Regional Service Through Unity Meeting our Region's Needs Today and ...
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Regional Service Through Unity… Meeting our Region’s Needs Today and Tomorrow REAL ESTATE COMMITTEE MEETING September 22, 2021 (Via Videoconference)
AGENDA
I. CALL TO ORDER
II. PUBLIC COMMENTS
Prior to the start of the meeting, speakers must complete and submit a “Public
Comment Registration Form.” During the public comment portion of the
meeting, speakers will be recognized by name and asked to provide their
comments. The time limit is three (3) minutes per speaker, not to exceed a
total of thirty (30) minutes for all speakers. The Committee may not discuss
these items, but may respond with factual or policy information.
III. OPENING REMARKS
A. Chairman/Executive Director/Committee Champion Status Report
concerning legislation and regulatory matters, budgets, current projects
and ongoing programs of the District related to real estate.
2
3
AGENDA
IV. ACTION ITEMS
A. Consider approval of Real Estate Committee meeting minutes – July 21, 2021
B. Authorize adoption of Resolution No. 21-46 authorizing of property to RES
Texas Mitigation, LLC – Consent Agenda Item No. 21-09-07
C. Authorize execution of right-of-way acquisition program and adoption of
Resolution No. 21-49 authorizing the use of eminent domain to acquire right-of-
way for the Forney Mustang Creek Lift Station Phase II and Forney Force Main
Improvements – Administrative Memorandum No. 5763
D. Authorize execution of right-of-way acquisition program and adoption of
Resolution No. 21-50 to acquire permanent and temporary easements for the
relocation of the Wylie to Plano 14-inch and the Wylie to McKinney 20-inch
pipelines – Administrative Memorandum No. 5764
4
AGENDA
V. DISCUSSION ITEMS
A. Discuss North System Exchange Parkway Ground Storage Tank Site – initiating
sale of surplus property
B. Property Catalogue Update – Review Example of Map and Fact Sheet
C. Bois d’Arc Lake Shoreline Development Interests and Marina Solicitation Update
D. Opportunity for Committee members to provide feedback on Real Estate
Committee meeting
E. Opportunity for Committee members to request potential future agenda items
VI. ADJOURNMENT
5
AGENDA
IV. ACTION ITEMS
A. Consider approval of Real Estate Committee Minutes –
July 21, 2021
Recommend Approval of Real Estate Committee
Minutes – July 21, 2021
6
Garrett Murphree
AGENDA
IV. ACTION ITEMS
B. Authorize adoption of Resolution No. 21-46 authorizing of property to
RES Texas Mitigation, LLC – Consent Agenda Item No. 21-09-07
Consider recommendation of adoption of Resolution 21-46 authorizing
conveyance of property in the form of 4.012-acre permanent easement to RES
Texas Mitigation, LLC at the Bois d’Arc Lake Mitigation Property, Project No.
101-0366-14.
What: Adopt a resolution to authorize the Executive Director to execute a permanent access easement
with RES Texas Mitigation, LLC (RES).
Why: NTMWD closed certain public roadways that served as points of access to a RES-owned
mitigation property. NTMWD must provide access for the land-locked parcel.
7
ACCESS EASEMENT WITH RES TEXAS MITIGATION, LLC (RES).
BACKGROUND
• NTMWD has acquired approximately 16,900 acres in support of the
mitigation requirements for the Bois d’Arc Lake project.
• RES owns parcels of land abutting some NMTWD mitigation property.
• NMTWD closed portions of County Roads 2170 and 2175 to prevent public
access to NTMWD mitigation property.
• Closure of the roadways created a land-locked condition to the RES owned
property.
• NMTWD must convey an approximately 4.012-acre permanent access
easement to RES to provide a means of ingress and egress to public right-
of-way.
8
Legend
Access Easement
RES Property
Riverby Ranch Boundry
Access Easement to RES Texas Mitigation, LLC
Project No. 101-0366-14
Consent Agenda Item No. 21-09-07
RECOMMENDATION
Party: RES Texas Mitigation, LLC
Scope: Execution of a permanent access easement
Project: 101-0366-14, Bois d’Arc Lake Mitigation Property
Amount: N/A
10Garrett Murphree
AGENDA
IV. ACTION ITEMS
C. Authorize execution of right-of-way acquisition program and adoption of
Resolution No. 21-49 authorizing the use of eminent domain to acquire
right-of-way for the Forney Mustang Creek List Station Phase II and
Forney Force Main Improvements – Administrative Memorandum No. 5763
Consider recommendation on authorizing the Executive Director to execute a
right-of-way acquisition program with a budget of $1,648,000 and adoption of
Resolution No. 21-49 authorizing the use of eminent domain to a acquire right-
of-way for Project No. 509-0561-20, Forney Mustang Creek Lift Station Phase II
and Forney Force Main Improvements
What: Authorize funding to acquire permanent and temporary easements for the project, and authorize
the use of eminent domain, delegating authority to initiate condemnation proceedings to the
NTMWD Executive Director.
Why: Capacity of the Forney Mustang Creek Lift Station is limited due to the size of the existing
discharge force main. Easements are necessary to install an additional pipeline to allow for
increased discharge capacity.
11FORNEY MUSTANG CREEK LIFT STATION, PHASE II AND FORNEY FORCE MAIN
IMPROVEMENTS EASEMENTS
BACKGROUND
• Capacity at the Forney Mustang Creek Lift Station (FMCLS) is limited to 12
MGD due to the size of the existing discharge force main.
• City of Forney requested NTMWD increase FMCLS capacity to 30 MGD to
meet projected flows beyond 2030 due to service area growth demands.
• A 36-inch force main from FMCLS to Buffalo Creek Lift Station will be
installed to increase discharge capacity.
• Portions of this easement will overlap portions of both the existing 20-foot
Forney to Mesquite Interceptor Pipeline easements and the 30-foot Forney
Mustang Creek Interceptor System Improvements easements.
• Project requires approximately 11.126 of permanent and 16.736 of
temporary easements.
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Party: N/A
Scope: Right-of-way acquisition and the necessary support
services to facilitate the purchasing of easements for the
project
Project: Project No. 509-0561-20, Forney Mustang Creek Lift Station
Phase II and Forney Force Main Improvement
Amount: $1,648,000
14Garrett Murphree
AGENDA
IV. ACTION ITEMS
D. Authorize execution of right-of-way acquisition program and adoption of
Resolution No. 21-50 to acquire permanent and temporary easements for
the relocation of the Wylie to Plano 14-inch and the Wylie to McKinney 20-
inch pipelines – Administrative Memorandum No. 5764
Consider recommendation on authorizing the Executive Director to execute a
right-of-way acquisition program with a budget of $120,000 and adoption of
Resolution No. 21-50 authorizing the acquisition of right-of-way for Project No.
301-0585-21, F.M. 2514 Pipeline Relocations
What: Authorize funding to acquire an easement for the relocation of the Wylie to Plano 14-inch and the
Wylie to McKinney 20-inch pipelines for the widening of Farm-to-Market (F.M.) 2514 (Ballard St.)
in Wylie.
Why: Texas Department of Transportation (TxDOT) announced plans to widen F.M. 2514 in the City of
Wylie from east of Lavon Parkway to Brown Street, a distance of approximately 3.4 miles.
Portions of the 14-inch and 20-inch will be in conflict with the new roadway and will need to be
relocated. Additional easements are needed to accommodate relocation of the pipelines.
15F.M. 2514 PIPELINE RELOCATIONS
BACKGROUND
• TxDOT proposes to widen F.M. 2514, Ballard Street in Wylie, between
Lavon Parkway and Brown Street.
• Portions of the 14-inch Wylie to Plano and the 20-inch Wylie to McKinney
pipelines must be relocated outside the proposed TxDOT right-of-way limits.
• Additional easements are required to accommodate relocation of the
pipelines.
• This project is subject to TxDOT reimbursement.
• The project includes approximately 0.486 acres of permanent and 1.007
acres of temporary easements.
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F.M. 2514 Pipeline Relocations
Project No. 101-0585-21
Administrative Memorandum No. 5764RECOMMENDATION
Party: N/A
Scope: Right-of-way acquisition and the necessary support
services to facilitate the purchasing of easements for the
project
Project: Project No. 301-0585-21, F.M. 2514 Pipeline Relocations
Amount: 120,000
18AGENDA Lewis Issacks
V. DISCUSSION ITEMS
A. Discuss North System Exchange Parkway Ground Storage Tank Site –
initiating sale of surplus property
19NORTH SYSTEM EXCHANGE PKWY SURPLUS PROPERTY
HISTORY
• Approximately 2.0 acres at the North System Exchange Parkway Ground
Storage Tank site in Allen was declared surplus to the needs of the District by
the Board in July 2019.
• NTMWD platted the entire site in 2019, creating Lot 2 in preparation for the
tract to be sold as surplus property.
• The City of Allen is seeking to acquire approximately one acre of the 2.017-
acre tract.
• An appraisal of the property has been obtained.
• The traditional Surplus Property Sale process would be followed for the
remainder, or the full tract if there is no transaction with City of Allen.
• Staff is recommending to accommodate the City of Allen’s request.
2021
NORTH SYSTEM EXCHANGE PKWY SURPLUS PROPERTY
POTENTIAL SALE OF GROUND STORAGE TANK SITE
Original 7.5 Acre Purchase Price: $3,867,000 ($11.86/SF)
Two Acre Appraised Value: $1,270,000 ($14.45/SF)
East One Acre Appraised Value: $ 620,000 ($14.11/SF)
West One Acre Appraised Value: $ 720,000 ($16.39/SF)
2223
24
Garrett Murphree
AGENDA
V. DISCUSSION ITEMS
B. Property Catalogue Update – Review Example of Map and Fact
Sheet
2526
PROPERTY CATALOGUE Properties • 4 Water Treatment Plants • 14 Wastewater Treatment Plants Information • Aerial Map • Location Map • Capacities • Potential Expansion Plans • Property specifics – leased areas, etc. Presentation • Prepared as 11x17 pdfs • Exhibits will be accessible in FileCloud via Board Portal Schedule • December 2021 Completion 27
AGENDA Agenda Galen Roberts
V. DISCUSSION ITEMS
C. Bois d’Arc Lake Shoreline Development Interests and Marina
Solicitation Update
28PRESENTATION OVERVIEW
Background
NTMWD Bois d’Arc Lake Shoreline Management Plan (SMP) Overview
Individual lot owner development
Planned Residential Developments
Process for Considering Commercial Development Proposals
Development Process for First Marina
29BACKGROUND
Discussing this item with the Real Estate Committee because
development around Bois d’Arc Lake (BDL) involves the use of
NTMWD property
BDL Shoreline Management Plan provides framework for individual
private lots and provides that residential or commercial developments
may be authorized by separate agreement
NTMWD staff have received requests for planned residential
development agreements that allow for some shoreline activities to
occur early (e.g. timber clearing)
Seeking input from the Real Estate Committee regarding residential
development agreements and the process for soliciting proposals for
marinas
30DEVELOPING THE PLAN
Grateful for our partnerships, especially with Fannin County
Recognize that locals are excited about recreation and economic
development opportunities – we are too!
Primary purpose of shoreline management plan – balancing drinking
water supply needs with safe recreational uses and sustainability
NTMWD Board continues to be committed to making Bois d’Arc Lake
a success
There is one chance to get this right for NTMWD and County interests
31TIMELINE
Fannin County Comprehensive Plan
SMP Development
NTMWD Board Workshops
November 2019
July 2020
Fannin County Commissioner’s
Court Workshops
September 2019
August 2020
NTMWD Board Adoption of SMP
September 2020 – Water Committee
October 2020 – Board Adoption
32BOIS D’ARC LAKE SMP COMPONENTS
Shoreline Management Plan The Shoreline Management Plan is
Components intended to guide shoreline
Carrying capacity development adjacent to individual
private lots.
Shoreline classifications
Dock criteria Planned residential and commercial
Agreements/Fees/Fines shoreline developments may be
Appeal process authorized by separate agreements.
33SHORELINE CLASSIFICATIONS AND SUITABILITY
34PRIVATE RESIDENTIAL SHORELINE USE
Shoreline Example
• 541 MSL contour corresponds to 100-year flood
• 545 MSL contour corresponds to 500-year flood
MSL = Mean Sea Level
35AGREEMENT TYPES
1. Shoreline Lease and Use Includes:
Agreement “ie permit” • Boat docks
2. Special Event/Temporary • Fixed fishing piers or
Use Agreement overwater patios
3. Natural Resources • Vegetation Modification
Management Notification • Access Paths
4. Mobility Assistance • Land-based facilities:
Vehicle Authorization BBQ pits, picnic tables,
decks, patios, pergolas,
5. Marinas and other gazebos
commercial activities may
be considered individually
by separate agreement
36SHORELINE USE
Shoreline Example
37ONGOING AND UPCOMING SMP EFFORTS
Ongoing efforts to prepare for implementation of the SMP and
accepting applications for individual private lots:
Establish systems and processes for accepting and managing
shoreline agreements
Permitting software integration underway (MyGovOnline)
Develop process with Fannin County to address concurrent
applications (i.e. home with private boat dock)
Coordination with U.S. Army Corps of Engineers
Future SMP actions:
NTMWD Board grant authority to accept applications
Begin accepting private applications
38SMP IMPLEMENTATION
Key considerations regarding the timeline for accepting private
applications:
Systems and resources necessary for successful
implementation are in-place and functional
Fannin County having established their own systems and
processes for development around the lake
Coordination with U.S. Army Corps of Engineers regarding
activities below the 534’ MSL prior to lake filling
Prior to the lake reaching conservation pool elevation construction
activities below the 534’ MSL are governed by provisions in the BDL 404
Permit
Must seek guidance regarding USACE approval/guidelines for shoreline
construction activities such as timber clearing, removal of fill, or
placement of erosion control structures relate to the provisions in the BDL
404 Permit 39RESIDENTIAL DEVELOPMENT
Planned Residential Developments around BDL
Residential development interest around Bois d’Arc Lake has
been increasing
Some entities pursuing planned residential developments have
already acquired property around Bois d’Arc Lake
NTMWD has been approached by several parties that are
actively pursuing or interested in planned residential
developments
• Some have requested NTMWD consider development agreements that
provide assurances and allow for some activities to occur early
• Some individual adjacent property owners have also requested the ability
to perform vegetative modification early (i.e. timber clearing)
40RESIDENTIAL DEVELOPMENTS
Planned Residential Developments
Considerations for Residential Development Agreements:
• Lot owners must still obtain an individual lease and use agreement
per the SMP
• Community improvements must generally conform to the
standards in the SMP
• May have longer term, higher fees and more stringent penalties
than agreements for individual docks as adopted by the Board
• Require a single entity (e.g. HOA) be party to the agreement and
be solely responsible for compliance with all provisions (e.g.
maintenance)
41RESIDENTIAL DEVELOPMENT AGREEMENTS
Next Steps
Continue to engage with
developers
Draft development
agreement for Real Estate
Committee to review
Continue to provide
periodic updates to the
Real Estate Committee
42COMMERCIAL DEVELOPMENTS
Marina Development Proposals
Marina development will likely involve NTMWD property and
facilities
Propose development of a solicitation and review process for
marina development proposals
Development of a marina may include associated commercial
improvements
Consultant support to assist NTMWD staff and Board with:
Development of a solicitation process for marina development proposals
Establishing proposal evaluation process and assisting with review
Consistent with Fannin County Comprehensive Plan
43BOIS D’ARC LAKE CURRENT AND FUTURE COMMERCIAL LAND USE
North Boat
Ramp
FM 897 Bridge North Side of FM
897 Bridge
South Boat
Ramp
FM 897 Boat
Ramp
44BOIS D’ARC LAKE LAND USE – NORTH BOAT RAMP
45BOIS D’ARC LAKE LAND USE – SOUTH BOAT RAMP
46BOIS D’ARC LAKE LAND USE – FM 897 BOAT RAMP
47BOIS D’ARC LAKE LAND USE – NORTH FM 897
48COMMERCIAL DEVELOPMENTS
Next Steps
Identify qualified consultant to assist NTMWD staff in the
development of a solicitation and review process for marina
development proposals
Develop solicitation materials for the Real Estate Committee to
review
Work with the selected consultant, Real Estate Committee and
Fannin County to determine appropriate timing for solicitation
of proposals
Continue to provide periodic updates to the Real Estate
Committee
49AGENDA
V. DISCUSSION ITEMS
D. Opportunity for Committee members to provide feedback on Real Estate
Committee meeting
E. Opportunity for Committee members to request potential future agenda items
VI. ADJOURNMENT
50REAL ESTATE COMMITTEE OUR VISION: To ensure all properties owned or leased by the North Texas Municipal Water District meet the needs of the District and the Region for today and tomorrow. MISSION STATEMENT: Review all real estate acquisitions, sales, leases, agreements and transactions in support of the District operations and goals. Verify use of properties are in support of the District needs in the most efficient way possible.
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