Item Coversheet

CITY OF HOUSTON - CITY COUNCIL

Meeting Date: 11/28/2023
District A
Item Creation Date:

LGL - Parcel AY20-056 and TCY23-014; City of Houston v. Aracely Nanez, et al.; Cause No. 1205019; Antoine Drive Paving & Drainage Project; WBS/CIP No. N-100009-0001-2.

Agenda Item#: 6.


 
                               
Summary:

RECOMMENDATION from City Attorney, by Motion, to deposit the amount of the Award of the Special Commissioners into the registry of the court and pay all costs in connection with the eminent domain proceeding styled City of Houston v. Aracely Nanez, et al., Cause No. 05019, for acquisition of Parcels AY20-056 and TCY23-014 for the ANTOINE DRIVE PAVING & DRAINAGE PROJECT - DISTRICT A - PECK

Background:

The Antoine Drive Paving and Drainage Project is part of the City’s Street and Traffic Control and Storm Drainage Program and is required to meet City of Houston design and safety standards and improve traffic, safety, and street drainage and remove the risk of structural flooding in the service area by providing for the design and construction of intersections at Hammerly Boulevard, Antoine Drive, and Hempstead Highway along with additional turning lanes, curbs, sidewalks, driveways, street lighting, traffic control, and necessary underground utilities.

 

This eminent domain proceeding involves the acquisition of easement interest in a parcel of land containing a total of 1608 square feet and the acquisition of a temporary construction easement. The property is located at 2106 Antoine Drive in the City of Houston. The property is owned by Aracely Nanez. Prior to sending the matter to the Legal Department, the City attempted to negotiate a purchase of the property, but those efforts were unsuccessful.  The matter was then referred to the Legal Department to initiate eminent domain proceedings to acquire the needed property. The Legal Department filed the eminent domain petition and a Special Commissioners’ hearing was held.

 

City’s Appraisal for the Special Commissioners: .......................................$478,531.00

 

Landowner’s Appraisal for the Special Commissioners: ..........................$570,000.00

 

Award of the Special Commissioners’ Hearing. ..........................................$510,000.00

 

Parcel AY20-056: $508,600.00 and Parcel TCY23-014: $1,400.00

 

Court & Misc. Costs: Special Commissioners’ fees; $1,500.00 ($500.00 x 3); Process Service; $90.00; Court Filings; $350.00; Estimated Total Court & Misc. Costs: $1,940.00.

 

 

 

____________________________

Arturo G. Michel, City Attorney

 

 

 

____________________________

Carol Ellinger Haddock, P.E.

Director, Houston Public Works

Prior Council Action:

Ordinance No. 2022-0222, passed 3/23/2022

 Ordinance No. 2021-0984, passed 11/17/2021

Amount and Source of Funding:

$510,000.00

 

Funds previously appropriated under Ordinance No. 2022-0222 out of the Dedicated Drainage and Street Renewal Capital Fund – Ad Valorem Tax.

Contact Information:

Steven Beard ............. 832-393-6295

Suzanne Chauvin....... 832-393-6219

ATTACHMENTS:
DescriptionType
Signed Cover sheetSigned Cover sheet