HomeMy WebLinkAboutR-2010-18 TABLED/Takings Resolution-acquisition of 0.0644 acres,condemnation from CenterPoint Energy, development of pedestrian/bicycle trail
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REQUEST FOR CITY COUNCIL AGENDA ITEIVI
Agenda Date Requested: July 26, 2010
Appropriation
Requested By:
Stephen L. Barr
Source of Funds:
N/A
Department:
Parks & Recreation
Acc't Number:
Report: _Resolution: ~Ordinance:
Amount Budgeted:
Takings Resolution
Amount Requested:
Exhibits:
Bud!!eted Item:
YES
NO X
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
--------
In December 2009 the City of La Porte sent a request for easement to CenterPoint Energy for a
proposed bicycle-pedestrian pathway between the new Pecan Park and the Brookglen community. The easement
is necessary to be able to connect the park with the community across the CenterPoint power line corridor. A
section of the easement (approximately 126 feet) would run parallel to the power line corridor. CenterPoint is
opposed to an easement that runs parallel to their corridors, although they have no objection to running
perpendicular to their corridors.
The issue for them is a legal issue because the city cannot legally indemnifY a public utility, so they feel
that granting the easement places an undue liability burden on them. Staff members from both groups have met
to try to resolve the problem without success. CenterPoint has notified us that they will be sending a formal letter
of rejection of the easement (which we have not yet received).
In consultation with the City Attorney, the only recourse the City has to obtain the necessary easement,
other than legislative intervention, is to exercise our right of condemnation for the .0644 acres of land that we
need to be able to build the pathway. The City Attorney will be obtaining an appraisal of the property values for
the condemnation procedure. At this time there is no estimate of the cost of the condemnation.
Counsel has recommended that staff present the attached Takings Resolution that will put CenterPoint
on notice that we intend use the City's condemnation power to obtain an easement on this property.
Action Required bv Council:
Con ider approval of a Takings Resolution for acquisition of 0.0644 acres of land by condemnation
fr m Ce . t Energy as described in the metes and bounds in said Resolution, by the City of La Porte.
Ron Bottoms, City Manager
7;!/-~
Date
RBSOLUTXOR RO. 2010-~
A RBSOLUTXON AUTHORXZXNG THB ACQUXSX~XOR OF A ~BN (10) FOOT WXDB
PBDBSTRI:AN/BJ:D EASJDIBNT, COIlTAXRXRG 0.06'" ACRES m TKB cJ:n OF LA
PORTB, 1'J:NJ)D1'G COIIPLJ:.ARCB WJ:TH ~BB OPBR IIBBTXRGS LAW, ANJ) PROV:mXHG
AN BFFBC~IVB DATB HBREOF.
WBBRBAS, the city Council of the city of La Porte has found
and determined that public necessity requires the location of a
right-of-way for pedestrian/bike purposes on the hereinafter
described real property, in the city of La Porte, Harris County,
Texas;
WHEREAS, the City Council of the city of La Porte has found
and determined that a right-of-way for a ten (10) foot wide
pedestrian/bike easement over and across the hereinafter described
real property is suitable and needed for right-of-way purposes, and
that it is necessary to acquire same for right-of-way purposes; and
WBBRBAS, the City Council of the City of La Porte deems it
advisable to authorize, and does hereby authorize, Knox W. Askins,
City Attorney of the City of La Porte, or his designated
representative, to represent the City of La Porte in the
acquisition of the hereinafter described property;
HOW ~UFORE, BB XT RESOLVED BY TUB cJ:n COUHCXL 01' TUB CX'1'Y
OF LA PORTB.
section 1. That the said Knox W. Askins, as city Attorney for
the City of La Porte, or his designated representative, be and he
is hereby authorized to negotiate with the owners of the
hereinafter described land, concerning the acquisition by the City
of La Porte, of a right-of-way for a ten (10) foot wide pedestrian/
bike easement, located in the City of La Porte, Harris County,
Texas, said right-of-way being more particularly described on the
metes and bounds description, attached hereto as Exhibit "A", and
the plat, attached hereto as Exhibit "Bn, incorporated by reference
herein, and made a part hereof for all purposes, at the fair market
value for same, and should said City Attorney, or his designated
representative, as the duly authorized representative of the City
of La Porte, be unable to agree with such owners as to the fair
market value of such pedestrian/bike right-of-way, then, and in
that event, said attorney be, and he is hereby authorized and
directed to file against all owners and lienholders, proceedings in
eminent domain to acquire the above described property, for
pedestrian/bike easement right-of-way purposes.
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
Code; and that this meeting has been open to the public as required
by law at all times during which this resolution 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 Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 26th day of July, 2010.
CITY OF LA PORTE
J:}e rr1 -!abJ-e 1
By:
Daryl Leonard,
Mayor Pro-Tem
ATTEST:
Martha A. Gillett
City Secretary I
APPROVED: .
~aJq~
Knox W. Askins
City Attorney
2
Exhibit "A"
METES AND BOUNDS DESCRIPTION
0.0644 ACRES OF LAND IN THE WILLIAM M. JONES
SURVEY, ABSTRACT No. 482
IN HARRIS COUNTY, TEXAS
(10' PEDESTRIAN/BIKE EASEMENT
HOUSTON LIGHTING AND POWER Co. TRACTS)
BEING a 0.0644 acre tract of land situated in the William M. Jones Survey, Abstract No. 482 in
Harris County, Texas and being a part of that certain 12.87 acre tract of land described in the
deed to Houston Lighting and Power Co. recorded in Volume 2480, Page 600, Deed Records of
Harris County, Texas together with a part of that certain 4.912 acre tract of land described in the
deed to Houston Lighting and Power Co. recorded in Volume 6442, Page 474, Deed Records of
Harris County, Texas, said 0.0644 acre tract is described by metes and bounds as follows:
COMMENCING at a 1 inch pipe on the South line of Spencer Highway, being the Northeast
corner of said 12.87 acre tract; THENCE, South 03 degrees 06 minutes 25 seconds East, along
the East line of said 12.87 acre tract and the West line of that certain 16.72 acre tract of land
described in the Judgment to Coastal Industrial Water Authority recorded in Harris County
Clerks File No. E165986, Official Public Records of Real Property of Harris County, Texas,
2,063.85 feet to the POINT OF BEGINNING of this tract herein described;
THENCE, South 03 degrees 06 minutes 25 seconds East, along the East line of said 12.87 acre
tract and the West line of said 16.72 acre tract, 10.08 feet to a point on a non-tangent curve to
'the left whose radius is 1,250.00 feet and whose radius point bears South 03 degrees 56
minutes 06 seconds West;
THENCE, in a Westerly direction along said curve, passing the West line of said 12.87 acre
tract which is the East line of said 4.912 acre tract and continuing along said curve in all through
a central angle of 07 degrees 03 minutes 39 seconds, 154.04 feet;
THENCE, South 86 degrees 52 minutes 27 seconds West, 126.34 feet to the East line of that
certain tract of land described as Tract 4 in the document recorded in Harris County Clerks File
No. 0674061, Official Public Records of Real Property of Harris County, Texas;
THENCE, North 03 degrees 06 minutes 25 seconds West, along the East line of said Tract 4,
10.00 feet;
THENCE, North 86 degrees 52 minutes 27 seconds East, 126.34 feet to the beginning of a
tangent curve to the right whose radius is 1,260.00 feet;
THENCE, in an Easterly direction along said curve, passing the East line of said 4.912 acre
tract and the West line of said 12.87 acre tract, continuing along said curve in all through a
central angle of 07 degrees 00 minutes 17 seconds, 154.04 feet to the POINT OF BEGINNING
and containing 0.0644 acres of land.
Page 1 of 3
K:\proj\survey\02121301 West end\M&B CenterPoint Esmt.doc
Bearings are based on the Texas Plane Coordinate System, South Central Zone (No. 4204)
North American Datum of 1983 (NAD 83) CORS adjustment based from satellite observations.
This description was prepared in conjunction with surveys made on the ground in March and
April 2009 and in conjunction with the attached survey drawing dated July 15, 2010.
July 15, 2010
~7./J1"2CJ/o
By: Huitt-Zollars, Inc.
Steven E. Williams, R.P.L.S.
Texas Registration No. 4819
Page 2 of 3
K:\proj\survey\o2121301 \West end\M&B CenterPolnt Esmt.doc
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0.0644 ACRES OF LAND IN THE
WILUAM M. JONES SURVEY,
ABSTRACT No. 482 IN HARRIS
COUNTY TEXAS
(10' PEDESTRIAN/BIKE
EASEMENT. CENTERPOINT
ENERGY)
CITY OF LA PORTE
HUITT -70LLARS. INC.
1500 S. DAIRY ASHFORD
SUITE 200
HOUSTON, TX 77077
PHONE 281.496-0066
fAX 281-496-0220
604 WEST FAIRMONT PARKWAY
LA PORTE, TEXAS 77571
281-471-5020
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DATE
CONFLICT OF lNTEREST AFFIDAVIT
THE STATE OF TEXAS i
COUNTY OF HARRIS ~
I, Gh V~ bvC-EL7Lf!);jg-amember of the City of La Porte Cou.P'~~
, make this affidavit and hereby on oa1h state the following: I have a
substantial interest in. a business entity or real property as defined in. Chapter 171, Texas Local
Government Code, and a vote is to be taken or a decision is to be made that will have a special
economic effect on this business entity or real property.
The agenda item (){r: )JVVlt l"'1"- I ( rOIl- ~ ~ 20 J 0 ,affecting this business entity or real
property is: 1A14~J r- '("soc-vll ;'.-u h,/l ACyU1SIT/O,v dF, Oi'PW .4C1l-~S or:: LJI'./I) _
f3 Q,Nl>~I11/"~UJ,v r-fLI),~ f~-,,-..f.J?~..lb//Yf L";.t-P/t jI, h:?/l... ",,~i/-L~/'.h1-e.~ #~ Ped4L,hu,fM/..a4.<.L~ 7R...
COMPLETE (A) OR (B): (A) The business entity is C.e.ut~{L~l:>IN~ {;"rv-eIUi,/ (name); or
(B) The real property is located at:
1 have a substantial interest for the following reasons:. (check all which are applicable)
_ Ownership of 10 % or more of the voting stock or shares of the business entity..
_ Ownemhip of 10% or more or $15,000 Dr more of the fair ~ket value of the
~.entity.
~ Funds received from the business entity exceed 10 % of gross income for the
previous year.
Real property is involved and I have an equitable or legal oWDeI5hip of the
property with a fair maiket value of at least $2,500.
_ A relative of mine bas a substmtial interest in the business entity or real
property that would be affected by a decision of the public body of which r
am. a member.
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any
decision involving this business entity or real property and from any further participation on this
matter by discussion or debate.
Singed this .z.Jo day of
~~ .20I~}
Signature of OffiS
THE STATE OF TEXAS i
COUNTY OF HARRIS i
~ ~. 6; II e# on 1lDs day pe=nally aweare<I
.. 'f. known to me to be the pexson whose name is subscribed to the
ing . . acknowledged to me that he/she executed the same for the purposes and
considera1ion thetcin. expressed..
Given under my hand and seal of office ~daYOf Jidli . 20 / () .
(SEAL) -------r
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