The Greens Road Paving and Drainage Project (from Aldine Westfield to John F. Kennedy Boulevard) is designed to improve traffic flow/circulation, reduce congestion and eliminate potential hazards on Greens Road, a designated major thoroughfare. This joint project with TxDOT consists of the removal of the original 2 - lane asphalt roadway and replacement with a 4 - lane concrete divided boulevard with curbs, sidewalks and street lighting, an underground storm sewer system, off - site storm sewer detention facilities, and replacement of sanitary sewer and water lines.
This eminent domain proceeding involves the acquisition of two permanent easements totaling 22,358 square feet. Parcel AY14-136 consists of 14,947 square feet of land. Parcel AY14-138 consists of 7,411 square feet of land. The property is owned by Aero Greensmor, LP, a limited partnership. Efforts by Houston Public Works to negotiate the purchase failed, and the matter was referred to the Legal Department to initiate eminent domain proceedings to acquire the needed property. The Legal Department filed the eminent domain case and a Special Commissioners’ hearing was held at which time the parties testified as to the value of the land acquired and damages to the remainder property.
City’s Testimony for the Special Commissioners: .......................................$ 515,204.00
Landowner’s Testimony for the Special Commissioners: ...........................$1,500,000.00
Award of the Special Commissioners’ Breakdown
Parcel AY14-136……………………………………………………………………….$714,000.00
Parcel AY14-138………………………………………………………………………..$ 29,644.00
Total Special Commissioners’ Award…………………………………................$743,644.00
After the Special Commissioners’ hearing, the parties entered into settlement discussions and agreed to settle the matter for an additional $49,999.00 above the award of Special Commissioners. This settlement was reached to avoid the costs and uncertainties of further litigation. Due to the negotiated settlement, the landowner did not file objections with the court; therefore, litigation of the matter has concluded.
Additional Settlement Amount for Parcel AY14-136……………………………………………$40,000.00
Additional Settlement Amount for Parcel AY14-138…………………………………………… $9,999.00
It is recommended that the City Attorney be authorized by Motion to deposit the Award of the Special Commissioners in the amount of $743,644.00 into the registry of the court and then settle the pending litigation entirely, without objections, for an additional $49,999.00. Funding will be provided by previously approved blanket appropriation ordinance number 2017-373 passed May 24, 2017.
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Ronald C. Lewis,
City Attorney