The Acquisition of Right of Way for Clark Road Drainage and Paving Improvements Project (the “Project”) is needed to address and to reduce the risk of structural flooding in the Airline Drive area. This Project provides the design and construction of storm drainage improvements, necessary concrete paving, curbs, sidewalks, driveways and underground utilities. Additional improvements include providing storm water detention as needed. The project will mitigate the impact of storm water and will reduce the potential flooding in the area.
This eminent domain proceeding involves the acquisition of a permanent easement totaling 282 square feet for the Project. The landowners are Cristelo Atic Guadiana and Maria Dejesus Guadiana. The property is located at 139 Tidwell. Efforts by Houston Public Works to negotiate the easement purchase failed, and the matter was referred to the Legal Department to initiate eminent domain proceedings.
A hearing was convened, and the Special Commissioners ordered an award of $63,500. This is an increase of $3,791 above the final offer amount of $59,709 made by Houston Public Works. All parties have agreed to $63,500 to fully settle the condemnation proceeding.
We recommend the City Attorney be authorized, by Motion, to deposit the amount of the Award of Special Commissioners’ into the registry of the Court and settle this matter for the amount of the Award. Funding will be provided by a previously approved blanket Appropriation Ordinance.
Fiscal Note: There is no anticipated operating and maintenance impact associated with this site acquisition.
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Ronald C. Lewis, City Attorney Carol Ellinger Haddock, P.E.
Director, Houston Public Works