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Denton PUB approves eminent-domain authorization for Pecan Creek drainage easement acquisitions

February 10, 2025 | Denton City, Denton County, Texas


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Denton PUB approves eminent-domain authorization for Pecan Creek drainage easement acquisitions
The Denton Public Utilities Board on Feb. 10 recommended that city council adopt an ordinance authorizing the acquisition of various permanent drainage easements and temporary construction easements needed for Pecan Creek Phase 3 and 4. The motion — restated on the record — instructed the city to make offers required by state law and, if necessary, use eminent domain to obtain property interests. The vote was unanimous.

City staff, represented by Angel Delore, senior real estate specialist with development services, and Sheldon Gatewood, the project manager, told the board the project includes drainage and sanitary sewer work and road reconstruction on Bernard, West Mulberry, West Sycamore and Stroud Street between Carroll and Elm. Delore said the project will install roughly 2,700 linear feet of reinforced concrete box for drainage, 2,300 linear feet of water line relocation and lowering, and 1,700 linear feet of sanitary sewer relocation and adjustments. The city plans construction to begin in the third quarter of 2025 and to finish by the fourth quarter of 2027, staff said.

Project geometry will increase the footprint of drainage easements in many locations because the new box culverts are substantially larger than the existing open channels, staff said. "The size boxes that we are putting in … is gonna be 16 by eights in their diameter. So it's gonna be double the size," project staff said. Staff added they expect to acquire both permanent easements and temporary construction easements (TCEs) and will first attempt voluntary purchase and negotiation with property owners before pursuing eminent domain.

The board asked for more detail about the project’s flood‑plain effects and whether the city would assist property owners with FEMA map revision letters if properties are removed from the flood plain. Scott Fedex, senior project manager with Capital Projects, said staff can include a projected flood‑map impact analysis and the anticipated FEMA coordination when the project returns for construction approval. Staff also agreed to provide information about whether the city’s drainage department will assist individual property owners with Letters of Map Revision or other FEMA processes.

Delore said city staff have surveys under way and are ordering appraisals for approximately 49 parcels that staff expect to take to council for property‑interest acquisition. She said the eminent‑domain authority is being sought preemptively to keep the project on schedule in case voluntary agreements cannot be reached.

Votes at a glance: PUB recommendation to council to authorize eminent‑domain authority and easement acquisitions for Pecan Creek Phase 3 and 4 (unanimous).

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