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Home My WebLink AboutO-2008-3075 conveyance of two parcels of land adjacent to Sens Roa/for widening project to be purchased by Harris County 10 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 28. 2008 Bud2et Requested By: Ron Bottoms Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Conveyance Ordinance Amount Requested: Exhibits: Exhibits: Property offer letters Budgeted Item: YES NO Exhibits 1leriallll:ilp SUMMARY & RECOMMENDATION Attached is an ordinance authorizing the sell of two tracts of city owned property along Sens Road for the Sens Road widening project. The purchaser of this property is Harris County. I have included their offer letters, as well as an aerial map illustrating the two properties in question. val of this ordinance and the sell of city owned land. (0~ Date ' ORDINANCE NO. 2008- 30'15' AN ORDINANCE AUTHORIZING AND APPROVING THE CONVEYANCE OF TWO PARCELS OF LAND ADJACENT TO SENS ROAD, IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, BEING A 0.1840 ACRE TRACT OF LAND LOCATED IN THE ENOCH BRINSON SURVEY, ABSTRACT NO. 05, HARRIS COUNTY, TEXAS, AND A 0.0043 ACRE TRACT OF LAND LOCATED IN THE RICHARD PEARSALL SURVEY, ABSTRACT NO. 625, HARRIS COUNTY, TEXAS, TO COUNTY OF HARRIS, A BODY CORPORATE AND POLITIC, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the documents which are attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such documents and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Sales price for the two tracts shall be $30,401.00 , and $512.00, respectively. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Codei and that this meeting has been open to the public as required by' law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, thiS:::? gI- day of ~ I CITY OF LA PORTE , 2008. By: Q~Ji_Y/~_ Alton E. Porter Mayor ATTEST: LfJJf:tf f{f!!a4J City Secretary APPROVED: lj~ -r ~ Clark T. Askins Assistant City Attorney 2 RIGHT OF WAY DIVISION 10555 NORTHWEST FREEWAY, SUITE 210 HOUSTON, TEXAS 77092 OFFICE: 713-355-7750 FAX: 713-683-0201 ROBERT F. GASKINS, GENERAL MANAGER April 8, 2008 City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 Re: Project: Sens Road - 2 Tract No.: 9, Project I.D. 2773302 Ladies and Gentlemen: I am in the process of acquiring right of way necessary for the County's improvement to the captioned project. The County's records reflect that you are the owner of the above-captioned tract also known as 0.1840 acres of land situated in the Enoch Brinson Survey, A-5 in Harris County, Texas. An appraisal of the property has been made by an experienced and qualified independent fee appraiser to determine its fair market value. Just compensation for the property has been established as $30,401.00, which amount is not less than fair market value. By letter dated March 14, 2008, you were informed by the County of its intention to purchase the above- captioned tract and of your obligation, as provided by Texas Property Code Ann. 921.0111, to provide the County with any appraisals in your possession. The County's letter also informed you that the disclosure of your appraisal reports shall take place within ten (10) days of receipt of the County's appraisal report, but no later than ten (10) days prior to the Special Commissioners hearing, should such hearing become necessary. This letter represents the final offer on behalf of the County to purchase your property known as Sens Road - 2, Tract 9 in Harris County, Texas, including all improvements located on the property. In the event the condition of the property should change for any reason, the County reserves the right to withdraw this offer. Previous negotiations with you to purchase the property have been unsuccessful, although we have attempted to negotiate and bargain with you in good faith. If I do not receive your written acceptance of this offer or a written acceptable counter offer within twelve (12) days from the date of this letter, your unwillingness to accept this offer will be assumed. In that event, the County will rely on obtaining the requested conveyance by the exercise of its rights under eminent domain. If you have any questions concerning this matter, please contact me. RIGHT OF WAY DIVISION 10555 NORTHWEST FREEWAY, SUITE 210 HOUSTON, TEXAS 77092 OFFICE: 713-355-7750 FAX: 713-683-0201 ROBERT F. GASKINS, GENERAL MANAGER April 8, 2008 City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 Re: Project: Sens Road - 2 Tract No.: 3, Project 1.0. 2773302 Ladies and Gentlemen: I am in the process of acquiring right of way necessary for the County's improvement to the captioned project. The County's records reflect that you are the owner of the above-captioned tract also known as 0.0043 acres of land situated in the Richard Pearsall Survey, A-625 in Harris County, Texas. An appraisal of the property has been made by an experienced and qualified independent fee appraiser to determine its fair market value. Just compensation for the property has been established as $512.00, which amount is not less than fair market value. By letter dated March 14, 2008, you were informed by the County of its intention to purchase the above- captioned tract and of your obligation, as provided by Texas Property Code Ann. 921.0111, to provide the County with any appraisals in your possession. The County's letter also informed you that the disclosure of your appraisal reports shall take place within ten (10) days of receipt of the County's appraisal report, but no later than ten (10) days prior to the Special Commissioners hearing, should such hearing become necessary. This letter represents the final offer on behalf of the County to purchase your property known as Sens Road - 2, Tract 3 in Harris County, Texas, including all improvements located on the property. In the event the condition of the property should change for any reason, the County reserves the right to withdraw this offer. Previous negotiations with you to purchase the property have been unsuccessful, although we have attempted to negotiate and bargain with you in good faith. If I do not receive your written acceptance of this offer or a written acceptable counter offer within twelve (12) days from the date of this letter, your unwillingness to accept this offer will be assumed. In that event, the County will rely on obtaining the requested conveyance by the exercise of its rights under eminent domain. If you have any questions concerning this matter, please contact me. Sincerely, (1ry~,air----' Je fer ~n:~s Ri ht of Way Agent -caVr'...To]jE1Vl'IAL' Sens Road - 2 Harris County Land Acquisition Harris County Tract #3 1,2 (F onner Lift Station Site) Offer in Easement 3 0.0043 Ac - 186 sf Date $/sf Total $ City Appraisal n/a n/a n/a Ha. Co. Appraisal 2/22/08 2.75 512.00 City Purchase n/a n/a n/a 1 Former Lift Station Site dedicated to City by developer/owner to provide sanitary sewer service to property @ SW comer ofSens Rd and Ave D now owned by LPISD. 2 Lift Station Site is 30' x 30': Ha. Co. proposes to acquire only the area needed for ROW (approximately 6.235 ft by 30ft), leaving approximately 714 sf in City's ownership. 3 Recommendations: i.) Confirm no piping, etc. is needed to maintain sanitary sewer service A.) Ha. Co. Purchase in Fee B.) Offer LPISD the purchase ofthe remaining 714 sf at the $2.75/sf= $1,963.50 ii.) If an area for piping is needed staff recommends an easement. CONFlBEl,T1.4L Sens Road - 2 Harris County Land Acquisition Harris County Tract #9 1 (Fire Station #3 Land) Offer in Easement 2 0.1840 Ac - 8,016 sf Date $/sf Total $ City Appraisal 3 10/07 3.75 30,060 4 Ha. Co. Appraisal 2/22/08 3.79 30,401 City Purchase Price 03/03 2.39 19,158 4 18,016 sf of which 4,716 sfis encumbered by easements 2 Staff recommends Ha Co purchase in fee 3 As discussed in previous executive session the City's recent bid on surplus properties received on the residual for Fire Station # 3 residual acreage was 2.44/sf Council asked staff to not award bid until County appraisal was in and to contact bidder and confirm they would honor their bid on a sf basis minus the area needed for road expansion. The bidder agreed. 4 Adjusted to reflect 8,016 Legend RaiJlines --- Drainage Channels <2. Property Lines If(;; City limits . ,~ ".. ~ Disclaimer: The City of La Porte makes no representation or warranty as to the accuracy of thiS map and Its Information nor to Its fitness for use. Any user of this map product accepts the same AS IS, WITH ALL FAULTS, and assumes ail responsibility for the use thereof, and further agrees to not hold the City of La Porte liable from any damage, loss, or liability arising from any use of the map product. Independent verification Of ail information containeo on this map should be obtaineo by the end user City of La Porte 604 W Fairmont Parkway La Porte, TX 77571 (281) 471-5020 www./aportetx.gov La Porte GIS Mapping 1 "equals 287 . 9