Consideration of and action on authorizing acceptance of Special Commissioners Judgement acquisition of real property Parcel 007, valued at $124,213.00, for State Highway 6 Roadway Improvements, CIP ST1404.

Approve acceptance of the Award of Special Commissioners judgement for acquisition of real property value of $124,213.00 (Parcel 007) for CIP ST1404 - State Highway 6 Roadway Improvements.

The Engineering Department is in the process of acquiring fee simple right-of-way (ROW) for CIP ST1404, State Highway 6 Road Improvements. ROW acquisition includes following the approved Texas Department of Transportation (TxDOT) conveyance process through either direct purchase by deed or by the eminent domain (ED) process.

Resolution No.16-13, passed April 2016, declared the public need for the State Highway 6 ROW acquisition and also authorized City staff to purchase the required ROW. Ordinance No. 2051, passed in May 2016, authorized the City Manager to acquire parcels in connection with this project, if the combined costs of acquisition, relocation, and closing do not exceed $100,000.

Due to complexities of title for acquisition of Parcel 007, a "friendly" ED process was agreed to by all parties and is pursued as the most expedited path to acquire this parcel. On November 15, 2017, Commissioners (appointed by a Judge from the Fort Bend County Civil Court Law) considered this parcel to determine fair and equitable value after all the matters involved were submitted as part of the ED process. The value of the award issued by the Commissioners was $124,213.00 which exceeds the threshold for City Manager approval on this project. Attached is the Award of the Special Commissioners in the amount of $124,213.00 for parcel 007. This parcel is needed for this project and follows the requirements of the TxDOT approval and conveyance process.

To date the engineering department has secured 38 of the 44 parcels needed with the remainder parcels awaiting final judgment prior to closing. Thirty-three (33) of the parcels are in the process of being conveyed to the state.  

The Engineering Department recommends City Council approve the acceptance of the Award of Special Commissioners judgment for acquisition of real property parcel #7 with a value of $124,213.00 for CIP ST1404 - State Highway 6 Roadway Improvements.