REAL ESTATE COMMITTEE MEETING August 26, 2020 (Via Teleconference) - - PowerPoint PPT Presentation

Regional Service Through Unity… Meeting our Region’s Needs Today and Tomorrow

REAL ESTATE COMMITTEE MEETING

August 26, 2020 (Via Teleconference)

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AGENDA

I. CALL TO ORDER II. PUBLIC COMMENTS (FOR TELECONFERENCE COMMITTEE MEETING ONLY INSTRUCTIONS FOR PUBLIC COMMENT ON-LINE REGISTRATION: Prior to the start

• f the Finance/Audit Committee meeting, members of the public wishing to provide

public comment must submit via email to PublicRelations.Info@ntmwd.com their first and last name, organization, comment topic, mailing address and email address. During the public comment portion of the meeting, speakers will be recognized by name and asked to provide their comments. The time limit is five (5) 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. Public comment is provided for committee meetings held by teleconference during the COVID-19 health threat to confirm the opportunity for two-way communication with the public during the meeting. III. OPENING REMARKS A. Chairman/Interim Executive Director/Committee Champion Status Report concerning legislation and regulatory matters, budgets, current projects and ongoing programs of the District related to real estate.

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AGENDA

IV. DISCUSSION AND POSSIBLE ACTION ITEMS A. Discuss Real Estate Committee charge B. Discuss and possible action on request from City of Melissa for Amendment

• No. 2 to deed restrictions on property adjacent to 121 Regional Disposal

Facility previously donated to the City of Melissa from NTMWD upon the Melissa City Council authorizing the City Manager to execute the same C. Discuss and consider recommendations on August 2020 regular Board meeting agenda items:

• 1. Adoption of Resolution No. 20-36 authorizing sale of property to Wetlands

Management, LP, for the John Bunker Sands Wetland Center’s Event Center – Administrative Memorandum No. 5606

• 2. Adoption of Resolution No. 20-37 authorizing lease agreement with

Wetland Farm, LLC – Administrative Memorandum No. 5607

• 3. Adoption of Resolution No. 20-39 authorizing additional funding for right-
• f-way acquisition for Sloan Creek Force Main project – Administrative

Memorandum No. 5614

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AGENDA

IV. DISCUSSION AND POSSIBLE ACTION ITEMS C. Discuss and consider recommendations on August 2020 regular Board meeting agenda items:

• 4. Authorize execution of right-of-way acquisition program and adoption of

Resolution No. 20-41 authorizing the use of eminent domain to acquire right-of-way for the Wylie to Rockwall Pipeline Relocation project – Administrative Memorandum No. 5615

• 5. Adoption
• f

Resolution No. 20-41 authorizing execution

• f

lease agreement on approximately 300 acres adjacent to the Leonard Water Treatment Plant site – Administrative Memorandum No. 5616

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AGENDA

V. DISCUSSION ITEMS

• A. Opportunity for Committee members to provide feedback on the Real Estate

Committee meeting

• B. Opportunity for Committee members to request potential future agenda items

(No substantive discussion of items will take place at this time) VI. ADJOURNMENT

• Authorizes a government body to consult with its attorney in an

Executive Session to seek advice on legal matters regarding pending

• r contemplated litigation or a settlement offer.
• A government body may not invoke this Section to convene a closed

session and then discuss matters outside of that provision.

• General discussion of policy, unrelated to legal matters, is not

permitted under the language merely because an attorney is present.

• Items discussed during consultation with the District’s attorney are

privileged and should remain confidential

EXECUTIVE SESSION: CONSULTATION WITH ATTORNEY Section 551.071, Consultation with Attorney

Agenda

AGENDA

DISCUSSION AND POSSIBLE ACTION ITEMS

B. Discuss and possible action on request from City of Melissa for Amendment No. 2 to deed restrictions

• n

property adjacent to 121 Regional Disposal Facility previously donated to the City of Melissa from NTMWD upon the Melissa City Council authorizing the City Manager to execute the same

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Agenda

U.S. VENTURE MELISSA TERMINAL/EXPLORER PIPELINE

• 2006 - Transferred 89 acres to Melissa
• Deed Restriction: “The Property is to be used for municipal purposes
• nly.”
• 2006 - Granted Melissa 32 acre easement on 52 acre North Drainage

Area “for public park and recreational purposes.”

• 2016 – Melissa asked to change 89 acre restriction to allow for

development

• Agreed to list of uses; light and heavy industrial not involving

people/customers who may complain about proximity to landfill and compost operation

• June 2020 - City of Melissa attorney contacted Lewis Isaacks about

adding “refined petroleum products terminal storage facility and related facilities and appurtenances” to allowable uses

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Agenda

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Agenda

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Agenda

U.S. VENTURE MELISSA TERMINAL/EXPLORER PIPELINE

• June 2020 – TCEQ air permit notice posted on property
• Permittee is U.S. Venture, Inc.
• Comment period closed June 30; 1 public meeting request
• 8 large capacity tanks storing gasoline, diesel and ethanol
• 2 - 4 million gallon tanks
• Total of ~15.25 million gallons
• Recently, individual emailed NTMWD concerned about pipeline to tank

farm going through Sister Grove Creek basin, noted:

• Role as water provider and LF operator conflict with public welfare
• Owners on pipeline route opposed LF permit implying targeted

retaliation by allowing

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Agenda

U.S. VENTURE MELISSA TERMINAL/EXPLORER PIPELINE

• NTMWD can’t control pipeline location, can impact what may be

developed on 89 acre property

• Melissa in favor given their attorney contacted NTMWD
• Want to maintain excellent relationship with Melissa
• Explorer Pipeline said tank farm project won’t proceed if modification

to restriction does not occur

• Action needed: Committee to decide whether to recommend or decline

to modify deed restriction

• If recommend, will bring deed restriction Amendment No. 2 to board in

September for authorization to execute upon city of Melissa executing same

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Adjourn Executive Session

Agenda

AGENDA

DISCUSSION AND POSSIBLE ACTION ITEMS

A. Discuss Real Estate Committee charge

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REAL 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: Identify all properties owned and leased by the District and the Departments responsible for its utilization. Verify use of properties are in support of the District needs in the most efficient way possible.

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Items of Potential Interest

• Surplus property and sales
• ROW requests on projects
• Lease agreements
• Encroachment agreements
• Property litigation items
• Land transaction with other agencies/municipalities
• Shoreline and Lake Management
• Development agreements
• Permits--concessionaires, marinas, boat docks, special events)

REAL ESTATE COMMITTEE

REAL ESTATE COMMITTEE

REAL ESTATE COMMITTEE

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Reporting

• Lease agreements
• Currently have 13 - Excluding Damesworth and Wetlands Barn on August

agenda

• Site location, lessee name, lease date, terms, including payment if any.
• Bois d’Arc Lake surplus properties
• 34 total
• Approximately 1,635 acres
• Additional information required by Real Estate Committee?
• Listing of ALL District-owned properties
• Other surplus properties
• Initial report and update when there are changes only?

REAL ESTATE COMMITTEE

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District personnel and role

• Mark Simon
• Assistant Deputy of Engineering and Construction
• Champion of Real Estate Committee
• Real Estate Program under his purview
• Garrett Murphree
• Real Estate Manager
• Responsible for all non-Bois d’Arc Lake property acquisitions and leases
• Jennifer Stanley
• Lake Manager and former Real Estate Manager
• Responsible for Bois d’Arc Lake property acquisitions and leases

Agenda

AGENDA

DISCUSSION AND POSSIBLE ACTION ITEMS

C. Consider recommendations on August 2020 regular Board meeting agenda items as follows:

• 1. Adoption
• f

Resolution No. 20-36 authorizing sale

• f

property to Wetlands Management, LP, for the John Bunker Sands Wetland Center’s Event Center – Administrative Memorandum No. 5606

• Consider recommendation on adoption of Resolution No. 20-

36 authorizing the sale of property of 0.3658 acres of land to Wetlands Management, LP, at the price of $6,000 and authorize the Interim Executive Director to execute all documents necessary for the sale of said property and to employ support services required for the preparation of such contracts and closings related to the parties

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AGENDA

What: Authorize sale of property to Wetlands Management, LP, for the John Bunker Sands Wetland Center’s Event Center for the appraised value of the land. Why: Support the John Bunker Sands Wetland Center’s water quality and supply, wildlife management, and wetland systems mission through selling sufficient property for the Wetland Center to expand and construct a new event center.

LEASE OF BARN SPACE ADJACENT TO WETLAND CENTER

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• The John Bunker Sands Wetland Center is in the process of expanding

and would like to construct an Event Center to serve multiple purposes.

• The planned expansion will encroach into 0.3658 acres of property

purchased by NTMWD from Wetlands Management, LP for the purpose

• f operating the East Fork Water Reuse Project (Wetlands), although

the 0.3658 acres is not included in the actual wetlands.

• The appraised value of the parcel is $6,000.

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JOHN BUNKER SANDS WETLAND CENTER’S EVENT CENTER

Agenda

AGENDA

DISCUSSION AND POSSIBLE ACTION ITEMS

C. Consider recommendations

• n

August 2020 regular Board meeting agenda items as follows:

• 2. Adoption
• f

Resolution No. 20-37 authorizing lease agreement with Wetland Farm, LLC – Administrative Memorandum No. 5607

• Consider recommendation on adoption of Resolution No. 20-

37 authorizing lease agreement with Wetland Farm, LLC, and authorizing the Interim Executive Director to execute all documents necessary for the lease of said unused barn space on the Wetland Farm, LLC’s property at or near the John Bunker Sands Wetland Center and to employ support services required for the preparation of necessary contracts

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AGENDA

What: Execute all documents necessary for the lease of unused barn space

• n the WETLAND FARM, LLC’s property near the John Bunker

Sands Wetland Center. Why: Extend useful life of equipment by keeping it out of the weather.

LEASE OF BARN SPACE ADJACENT TO WETLAND CENTER

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• Some heavy and light equipment owned by NTMWD for ongoing
• perations at the East Fork Water Reuse Project (Wetlands) is

currently stored in the open air near material stockpiles.

• In an effort to prolong equipment life by storing under roofs in unused

barns on property surrounded by the Wetlands, staff negotiated a lease that exchanges barn storage space for routine grounds maintenance surrounding the barns.

• No exchange of funds is included.

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JOHN BUNKER SANDS WETLAND CENTER

Agenda

AGENDA

DISCUSSION AND POSSIBLE ACTION ITEMS

C. Consider recommendations

• n

August 2020 regular Board meeting agenda items as follows:

• 3. Adoption of Resolution No. 20-39 authorizing additional

funding for right-of-way acquisition for Sloan Creek Force Main project – Administrative Memorandum No. 5614

• Consider recommendation on adoption of Resolution No. 20-

39 authorizing additional right-of-way funding in the amount of $2,540,000, resulting in a total authorization of $3,600,000, for the Sloan Creek Force Main, Project No. 501-0523-18

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AGENDA

What: Additional funding for previously approved right-of-way acquisition program. Why: Provide additional funding due to project changes and increases in the market value of land.

ADDITIONAL FUNDING: SLOAN CREEK FM ROW ACQUISITION

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Background

• Excess capacity does not exist within UEFIS to meet the future needs
• f Town of Fairview’s and City of Allen’s drainage basins
• City of Allen, Town of Fairview, and NTMWD entered into an ILA to cost

share improvements for new lift station and force main (New Point of Entry into UEFIS)

• NTMWD is responsible for the acquiring and funding easements for

the Force Main. Fairview shall assist in negotiations for easements within Fairview

• The Sloan Creek Force Main Right-of-Way Acquisition Program was

approved in September 2019

ADDITIONAL FUNDING: SLOAN CREEK FM ROW ACQUISITION

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Changes Requiring Additional Funding

• Originally to install a single 24-inch pipeline.
• Hydraulics dictate the need for a two pipeline force main system (12- and

20-inch) due to the limited amount of flows initially available for pumping.

• Easement width expanded from 20 feet to 50 feet for improved access

and maintenance for the two force pipelines (force mains).

• A 200+ acre tract along the pipeline route changed ownership. Worked

with Allen, Fairview, and NTMWD to relocate the Lift Station site within the property, lengthening the pipeline. Eliminated dedication of pipeline right-of-way along the proposed Fairview Parkway.

• The remaining pipeline outside of the development property will be a 30-

inch gravity line. Due to the increase in depth, the easement width is being increased from 20 feet to 30 feet.

• Market prices of land have increased since initial budgeting.

ADDITIONAL FUNDING: SLOAN CREEK FM ROW ACQUISITION

New Map Here

September 2019 Sloan Creek Force Main ROW Acquisition Program: Permanent Easements: 5.70 Acres Temporary Easements: 14.40 Acres Budget: $1,060,000 Current Sloan Creek Force Main ROW Acquisition Program: Permanent Easements: 11.082 Acres Temporary Easements: 14.40 Acres Requested Budget Increase: $2,540,000 TOTAL BUDGET: $3,600,000

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ADDITIONAL FUNDING: SLOAN CREEK FM ROW ACQUISITION Changes to Permanent Easement Acreage, Requested Budget

Agenda

AGENDA

DISCUSSION AND POSSIBLE ACTION ITEMS

C. Consider recommendations

• n

August 2020 regular Board meeting agenda items as follows:

• 4. Authorize execution of right-of-way acquisition program and

adoption of Resolution No. 20-41 authorizing the use of eminent domain to acquire right-of-way for the Wylie to Rockwall Pipeline Relocation project – Administrative Memorandum No. 5615

• Consider recommendation authorizing the Interim Executive

Director to execute a right-of-way acquisition program in the amount of $10,600,000 and adopt Resolution No. 20-40 authorizing the use of eminent domain to acquire right-of-way for the Wylie to Rockwall Pipeline Relocation, Project No. 101- 0528-18, and delegating the authority to initiate condemnation proceedings to the NTMWD Interim Executive Director

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Agenda

AGENDA

What: Acquire permanent and temporary pipeline easements Why: Relocations are required to accommodate TxDOT widening

• f

Highway 205 south of Highway 78. Also, additional capacity and redundancy is needed in the East Transmission System.

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WYLIE TO ROCKWALL PIPELINE RELOCATION PROJECT

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• TxDOT to widen Highway 205 between Highway 78 and John King Blvd
• NTMWD’s existing 20-inch Wiley-to-Rockwall Pipeline runs parallel to Highway
• 205. Paving expansion requires relocation of our water line in this area.
• Project includes installing a 48-inch pipeline from HSPS 3-1 Discharge to the

Wylie Rockwall Farmersville PL to add capacity and redundancy to East Transmission System.

• Easements needed: approx. 15.5 acres Permanent and 35.4 acres Temporary.
• A second phase will include acquiring easements from Lavon No. 2 to the

Rockwall-Cash Pipeline.

• Relocation costs associated with the 20-inch line are eligible for reimbursement

at the completion of the construction project.

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Agenda

AGENDA

DISCUSSION AND POSSIBLE ACTION ITEMS

C. Consider recommendations

• n

August 2020 regular Board meeting agenda items as follows:

• 5. Adoption of Resolution No. 20-41 authorizing execution of

lease agreement on approximately 300 acres adjacent to the Leonard Water Treatment Plant site – Administrative Memorandum No. 5616

• Consider recommendation adoption of Resolution No. 20-41

authorizing the Interim Executive Director to execute lease agreement with Peggy and Bubba Damesworth

• n

approximately 300 acres of District property adjacent to the Leonard Water Treatment Plant, Project No. 101-0154-09

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Agenda

AGENDA

• District owns approximately 300 acres adjacent to the Leonard WTP not

currently being used for facilities.

• Prior to the acquisition of the property, it was being used and maintained by

Peggy Damesworth and Bubba Damesworth for agricultural purposes

• Leasing or subleasing the property for approximately 15 years.
• Alleviate the need for District personnel to mow and maintain the property.
• Cost savings of $24,750 to the District through Damesworth’s construction of

approximately 5,000 feet of barbed wire fence to protect the District’s chain link fence from cattle.

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AGENDA

• V. Discussion Items

A. Opportunity for Committee members to provide feedback on Real Estate Committee meeting B. Opportunity for Committee members to request potential future agenda items (No substantive discussion of items will take place at this time)

VI. Adjournment

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