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CITY OF HOUSTON - CITY COUNCIL
Meeting Date: 12/19/2017
District A
Item Creation Date:
LGL - JK Longpoint
Agenda Item#: 8.
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| | | | | | | | Summary:
RECOMMENDATION from City Attorney to settle the eminent domain matter in connection with City of Houston v. JK Long Point, LLC., a Texas Limited Liability Company, et al.; Cause No. 1063899; for acquisition of Parcel AY14-103; for Gessner Road Paving and Drainage Project (Long Pont - Neuens Rd.) - DISTRICT A - STARDIG |
| | | | | | | | Background:
The Gessner Road Paving and Drainage Project (Long Point - Neuens Road) provides for the design and construction of a six lane divided concrete roadway with storm drainage, curbs, sidewalks, driveways, street lighting, traffic control, and necessary underground utilities. It will improve traffic circulation, mobility and drainage in the service area. These improvements will upgrade existing road to MTFP standards.
This eminent domain proceeding involves the acquisition of a permanent easement containing 998 square feet (0.0229 acre) of land located at the northwest corner of Gessner Road and Long Point. The property is owned by JK Long Point, LLC., a Texas limited liability company. The property is located at 1401 Gessner Road and is improved with a 5,950 square-foot multi-tenant building. Efforts to negotiate the purchase failed. The matter was referred to the Legal Department to initiate eminent domain proceedings to acquire the needed property interest. The Legal Department filed the case and served notice on the parties as required by law. The Special Commissioners returned an Award for $400,000.00. On April 13, 2016, Council authorized the deposit of the Award of Special Commissioners and payment of both miscellaneous and court costs by Motion No. 2016-0172. The City deposited the Award on June 3rd, 2016. This deposit allowed the City to gain possession of the land. Both parties filed objections to the Award of Special Commissioners to preserve their legal and procedural options, and the matter was placed on the Court’s trial docket.
After the Special Commissioners’ hearing, the parties entered settlement negotiations. The parties agreed to fully settle the condemnation proceedings for an increase of $225,000.00 above the amount of the Award of Special Commissioners ($400,000.00) for a final sum of $625,000.00.
It is recommended, the City Attorney, by Motion, is authorized to settle the eminent domain matter, City of Houston v. JK Long Point, LLC., a Texas Limited Liability Company, et al.; Cause No. 1063899; for an additional $225,000.00 above the amount of the Award of Special Commissioners’ of $400,000.00 paid to McFarland PLLC FBO JK Longpoint, LLC., for a total settlement amount of $625,000.00.
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| | | | | | | | Prior Council Action:
Ordinance Number 2015-10, passed. 1/7/15; Ordinance Number 2014-240, passed 3/26/14; Motion No. 2016-172 passed 4/13/16
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| | | | | | | | Amount and Source of Funding:
$225,000.00; Funds previously appropriated under Ordinance No. 2014-240 out of the Street & Traffic Control and Storm Drainage Fund DDSRF.
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| | | | | | | | Contact Information:
Michelle Grossman 832.393.6216
Steven Beard 832.393.6295
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| ATTACHMENTS: | | Description | Type | | RCA | Signed Cover sheet |
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