Item Coversheet

CITY OF HOUSTON - CITY COUNCIL

Meeting Date: 12/20/2016
District B
Item Creation Date: 12/6/2016

LGL Parcel LY15-008; City v. FPL Real Estate, Ltd., Gellhorn Drive Paving & Drainage Project; L.D.#052-1500048-001;

Agenda Item#: 5.


 
                               
Summary:

RECOMMENDATION from City Attorney to deposit the amount of the Award of Special Commissioners into the Registry of the Court and pay the costs of court and settle the case in connection with eminent domain proceedings styled City of Houston v. FPL Real Estate, Ltd., a Texas limited partnership, et al, Cause No. 1071452; for acquisition of Parcel LY15-008; for the GELLHORN DRIVE PAVING & DRAINAGE PROJECT (IH610 - Wallisville) - DISTRICT B - DAVIS

Background:

The Gellhorn Drive Paving and Drainage Project provides for right-of-way acquisition, design and construction of a four lane divided concrete roadway with storm drainage, curbs, sidewalks, driveways, street lighting, traffic control and the necessary underground utilities. The project will improve traffic circulation, mobility and drainage in the service area and upgrade the existing roadway to Major Thoroughfare and Freeway Plan standards.

This eminent domain proceeding involves the acquisition of fee simple title in and to a vacant parcel of land containing 0.6564 acre of land from a parent tract containing 57.511 acres. The property is owned by FPL Real Estate, Ltd., and is located at the termination of Wood Forest Boulevard and north of IH-10. Efforts by Public Works and Engineering 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 served notice on the parties as required by law.

City’s Testimony for the Special Commissioners: $100,076.00 (i.e. $3.50 psf for the land).

Landowner’s Testimony for the Special Commissioners: $128,669.00 (i.e. $4.50 psf for the land).

Award of Special Commissioner: $114,000.00 (i.e. $3.99 psf).

Court & Misc. Costs: Special Commissioners’ fees; $1,650.00 ($550.00 x 3); Process Service; $135.00; Appraisal costs; $5,050.00; Total Court & Misc. Costs: $6,835.00.

 

It is recommended that the City Attorney be authorized by Motion to deposit the amount of the Award of Special Commissioners into the registry of the Court, pay the costs of Court and settle this case for the amount of the award. Funding will be provided by a previously approved blanket Appropriation Ordinance.

Prior Council Action:

Ordinance Number 2015-984, passed 10/14/15; Ordinance Number 2015-155, passed 2/18/15

Amount of Funding:

$120,835.00; Funds previously appropriated under Ordinance No. 2015-155 out of the Street & Traffic Control and Storm Drainage Fund DDSRF.

Fiscal Note: There is no anticipated operating and maintenance impact associated with this site acquisition.

Contact Information:

Joseph N. Quintal

Phone: 832.393.6286

(alternatively Michelle Grossman 832.393.6216)