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File #: PFC-24-11    Version: 1 Name: Consider approval of a Maintenance Covenant Agreement Station 42 by the PFC
Type: Agenda Items Status: Agenda Item
File created: 5/9/2024 In control: Killeen Public Facility Corporation
On agenda: 6/11/2024 Final action:
Title: Consider the execution of a Maintenance Easement Covenant Agreement (MECA) with the City of Killeen for the Killeen Public Facility Corporation's property located at 801 South W.S. Young Drive.
Attachments: 1. Maintenance Easement Covenant and Agreement
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Title

 

Consider the execution of a Maintenance Easement Covenant Agreement (MECA) with the City of Killeen for the Killeen Public Facility Corporation’s property located at 801 South W.S. Young Drive.

 

Body

 

DATE:                     June 8, 2024                     

 

TO:                     Kent Cagle, City Manager                     

 

FROM:                     Edwin Revell, Executive Director of Development Services                     

 

SUBJECT:                     Maintenance Easement Covenant Agreement (MECA) for the Killeen Public Facility Corporation’s property located at 801 South W.S. Young Drive                     

 

BACKGROUND AND FINDINGS:

 

The Killeen Public Facility Corporation (PFC) is the recorded owner of the property described as Lot 1, Block A of the Young Family addition.  This property is the land that is adjacent to Condor Park, at the intersection of U.S. Business Highway 190, and South W. S Young Drive.  The land is currently being developed as the Station 42 Apartments, formally known as Tank Destroyer Apartments.

Included in the construction of the apartments, are stormwater facilities that include piping, inlets, swales, and detention ponds.  In accordance with Chapter 32 of the City of Killeen Code of Ordinances and the Engineering Drainage Design Manual, a property owner that is developing the property must enter into a MECA with the City of Killeen. The MECA allows the City to inspect the stormwater facilities and follow up with any needed maintenance as required to keep everything functioning as intended.  It is a requirement for the owner of the property to sign and execute the maintenance agreement since it is tied to the property.  In the event the property is subsequently sold, any maintenance responsibilities will be transferred automatically to the new owner.

 

The President of the PFC will need to sign the included easement documents on behalf of the PFC. Once signed by the President of the PFC, the City will route for execution and record the MECA documents with Bell County.

 

THE ALTERNATIVES CONSIDERED:

 

N/A

 

Which alternative is recommended? Why?

 

Staff recommends authorizing the President of the PFC to sign as the owner’s representative of the Killeen Public Facility Corporation and to authorize the recordation of the Maintenance Easement, and Covenant Agreement (MECA).  The MECA is a requirement for any development within the city with stormwater facilities installed.

 

CONFORMITY TO CITY POLICY:

 

This item conforms with all applicable policies.

 

FINANCIAL IMPACT:

 

What is the amount of the revenue/expenditure in the current fiscal year? For future years?

 

N/A

 

Is this a one-time or recurring revenue/expenditure?

 

N/A

 

Is this revenue/expenditure budgeted?

 

N/A

 

If not, where will the money come from?

 

N/A

 

Is there a sufficient amount in the budgeted line-item for this revenue/expenditure?

 

N/A

 

RECOMMENDATION:

 

Staff recommends authorizing the President of the PFC to sign as the owner’s representative of the Killeen Public Facility Corporation and to authorize the recordation of the Maintenance Easement, and Covenant Agreement (MECA).  The MECA is a requirement for any development within the city with stormwater facilities installed.

 

DEPARTMENTAL CLEARANCES:

 

City Attorney

Development Services

 

ATTACHED SUPPORTING DOCUMENTS:

 

Maintenance Easement Covenant Agreement