ORDINANCE finding and determining public convenience and necessity for the acquisition of real property interests in connection with the public improvement project known as the Walnut Bend Lane Project (from Westheimer to Westpark); authorizing the acquisition, by gift, dedication, purchase, or eminent domain proceedings of fee simple title or easement interests in and to eight parcels of land required for the project and situated in the H. Woodruff Survey, Abstract No. 844 in Harris County, Texas, said parcels of land being located in the Westchase Area of Houston, Harris County, Texas; authorizing payment of the costs of such acquisitions, including the purchase prices for the property interests, costs associated with relocation assistance, appraisal fees, title policies/services, recordation of instruments, eminent domain proceedings, court costs, and expert witness fees, and authorizing the retention of special counsel, in connection with the acquisition of fee simple or easement interests to ten parcels of land required for the project - DISTRICT F - THOMAS

SUBJECT:  An ordinance for the WALNUT BEND LANE PROJECT (FROM WESTHEIMER TO WESTPARK) be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

RECOMMENDATION: (Summary) An ordinance for the WALNUT BEND LANE PROJECT (FROM WESTHEIMER TO WESTPARK) be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

SPECIFIC EXPLANATION: 

The Walnut Bend Lane Project (from Westheimer to Westpark) (the “Project”) is a public improvement project designed by Westchase District (the “District”) and to be constructed by TxDOT for the improvement of traffic flow, pedestrian safety and access on Walnut Bend Lane in the Westchase District area of the City, which will include irrigation systems, traffic signal system components, site furniture, signage and way  finding, decorative street lighting, bus shelters, pedestrian lighting, landscaping, sidewalks, shared use paths, and bike lanes.  The Project necessitates the acquisition of fee simple title or pedestrian access easements to certain parcels of land that are necessary for the construction, use, maintenance and operation of the Project. 

This action finds a public necessity for the Project; approves and authorizes the acquisition, by gift, dedication, purchase or eminent domain proceedings, of fee simple title or pedestrian access easements in and to the parcels of land required for the Project; authorizes payment of the costs associated with these acquisitions, including purchase price, relocation assistance, appraisals, title policies/services, recording fees and other costs; and ratifies a Public Improvement Development Agreement between the District and the City relating to the development and implementation of the Project (the “Agreement”).  If negotiations to acquire fee simple title or pedestrian access easements in and to the parcels of land required for the Project cannot be concluded as a dedication or purchase or for any other reason for which acquisition by condemnation is warranted, this action authorizes the City Attorney to file or cause eminent domain proceedings to be filed and acquire fee simple title or pedestrian access easements to the land and improvements thereon for said purposes, authorizes payment for the Award of Special Commissioners and court costs associated with condemnation proceedings, and authorizes the City Attorney to retain special counsel to assist in the acquisition.  All costs of acquisitions associated with the Project will be paid by the District pursuant to the Agreement. 

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Carol Ellinger Haddock, P.E., Director

Houston Public Works

WBS No. N-MD0450-0003-2

No funding required.

Marjorie L. Cox

Assistant Director – Real Estate Services

Phone: (832) 365-3130