By Moses Leos III
Kyle’s Marketplace Avenue project moved forward Tuesday amid the knowledge that it may not fall within the easement the city desires.
It extends to a contractual agreement that according to city attorney Ken Johnson “has probably had more changes than a teenage girl in her closet.”
The agreement allows Kyle to reimburse Plum Creek Developers, LLC for engineering studies done on several tracts of lands owned by the LW Parker Family Trust. The measure passed by a 7-0 vote on first reading.
Under the agreement, Kyle would reimburse PCD up to $275,000 for 19 items pertaining to studies done on the land. PCD had previously begun the process of building Marketplace, which is a roadway connecting Burleson Road to City Lights Drive.
Kyle citizens tabbed Marketplace Avenue as one of five road bond projects that were passed in 2013.
PCD would donate the easement to Kyle to begin construction work. However, it would be done with the stipulation that Kyle start construction by September 2015. Otherwise, PCD would retain the easement.
Kyle Mayor Todd Webster said the looming timeline was the primary reason for moving forward.
“It’s important for the West side, because it will be a good route for fire, EMS, police – and people in general – to get north and south on this side of the highway,” Webster said.
But according to assistant city manager James Earp, the city’s intent is to align the roadway differently from what the easement allows. The current easement forces a large bend in the new roadway just north of the railroad tracks on Burleson Road.
The city instead seeks an additional easement south of the PCD donation. It creates a path to Burleson that goes straight across the Parker property.
However, neither PCD nor Parker Estates is contractually obligated to deliver that easement.
In order to straighten out the road, Kyle must work an agreement to swap easements.
Past attempts have been unsuccessful as Parker has been unavailable. Earp said PCD agent Joe Brooks has approached Parker and has assured them he will work with the city. City Manager Scott Sellers said he would meet with Parker next week.
Councilwoman Samantha Bellows-LeMense said the agreement was a step in the right direction. However, she believed language in the agreement needs improvement. That extends to an amendment from Kyle’s bond counsel protecting Kyle if it cannot meet its end of the bargain.
“I think it needs to be more polished, and we need to take into consideration what our bond counsel put in there,” she said.
