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 North Houston Bike Project; authorizing the acquisition of Fee Simple Title in one parcel of land required for the project and situated in the B.B.B. & C.R.R Survey, Abstract No. 174, in Harris County, Texas, said parcel of land being located at the southwest corner of Kuykendahl Road and IH-45 in Houston, Harris County, Texas, by gift, dedication, purchase and the use of eminent domain and further authorizing payment of the costs of such purchases and/or eminent domain proceedings and associated costs for relocation assistance, Appraisal Fees, Title Policies/Services, Recording Fees, Court Costs, and Expert Witness Fees in connection with the acquisition of Fee Simple Title to the parcel of land required for the project - DISTRICT B - DAVIS

SUBJECT: Ordinance authorizing the acquisition by purchase or condemnation, for pubic convenience and necessity, of ±2 acres (±87,120 sq. ft.) of land  located at the southwest corner of I-45 and Kuykendahl Road, City of Houston, Harris County, Texas

Owner: Har Har  Bhole, LLC

RECOMMENDATION:    Approve and authorize an Ordinance for the acquisition by purchase or condemnation, for pubic convenience and necessity, of ±2 acres (±87,120 sq. ft.) of land, being Reserve F1-A of the Northborough Survey, located at the southwest corner of I-45 and Kuykendahl Road, City of Houston, Harris County, Texas.

SPECIFIC EXPLANATION: The City of Houston is in the process of acquiring certain properties to be used for the public purpose of creating a recreational facility to accommodate a public Bike Park including a BMX race track, as part of the North Houston Bike Project. The Bike Park will consist of a BMX Race Track, bike trails, Tot Bike Park, wheelchair course, event space, bowls for biker freestyle tricks and community center.

The City desires to acquire ±2 acres (±87,120 sq. ft.) of land to provide additional public parking for the BMX Race Track which is needed in support of the public Bike Park.  The City has identified a tract of land located at the southwest corner of I-45 and Kuykendahl Road, for this purpose, which is owned by Har Har Bhole, LLC.  The City has offered to purchase the tract from the owner for a purchase price of $609,791.00, which represents the appraised value, but the owner is unwilling to sell the land.  

Pursuant to the Fiscal Year 2014-2018 CIP Budget for TIRZ No. 11 (Greater Greenspoint Zone) adopted by  Council on October 16, 2013 by Ordinance No. 2013-0924, TIRZ No. 11 will reimburse the City for all costs related to this purchase.  

Therefore, the General Services Department recommends that City Council approve and authorize the acquisition of ±2 acres (±87,120 sq. ft.), being Reserve F1-A of the Northborough Survey, located at the southwest corner of  I-45 and Kuykendahl Road, by purchase or condemnation for public convenience and necessity, including authorization of payment for costs of land purchase/condemnation, appraisal fee, title research and policy fees, recording fees, and other acquisition costs in connection with negotiations to settle the purchase or condemnation for public convenience and necessity.   If negotiations to acquire the property cannot be concluded as a purchase, or for any 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 land for said purposes and authorizes payment for the Award of Special Commissioners and court costs associated with condemnation proceedings.

Jacquelyn L. Nisby

Phone: 832-393-8023