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File #: 23-0637    Version: 1 Name:
Type: Financial Authorization Status: Passed
File created: 1/23/2023 In control: Commissioners Court
On agenda: 1/31/2023 Final action: 1/31/2023
Title: Request for approval of a settlement in connection with Park at West Creek, LP v. Harris County, Texas; Cause No. 2016-32867; In the 80th District Court of Harris County, Texas; CAO File No. 16TRL0181.
Sponsors: Bridget Johnson
Attachments: 1. Order -Park at West Creek, LP v. HC 1-31-23
Department: County Attorney
Department Head/Elected Official: Christian D. Menefee

Regular or Supplemental RCA: Regular RCA

Type of Request: Financial Authorization

Project ID (if applicable): N/A
Vendor/Entity Legal Name (if applicable): N/A

MWDBE Contracted Goal (if applicable): N/A
MWDBE Current Participation (if applicable): N?A
Justification for 0% MWDBE Participation Goal: N/A - Goal not applicable to request

Request Summary (Agenda Caption):
title
Request for approval of a settlement in connection with Park at West Creek, LP v. Harris County, Texas; Cause No. 2016-32867; In the 80th District Court of Harris County, Texas; CAO File No. 16TRL0181.
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Background and Discussion:
The above is a declaratory judgment action filed against Harris County, Texas regarding the existence of a non-exclusive permanent access easement across property owned by Harris County, Texas at 2223 West Loop South off of the northbound frontage road of the west 610 Loop. The property is currently utilized by Harris County for the "RTC" building. The allegation is that in 1973, a non-exclusive access easement was created for the benefit of the interior parcel of land immediately adjacent to the west of the RTC building, currently utilized by the Park at West Creek as an apartment complex. The Park at West Creek sought to have a judicial declaration that the access easement still existed and wanted to use it for access. At present, this area is the driveway for the RTC building and contains some parking spots and a small picnic recreational area. The boundary between the RTC building and the Park at West Creek's land is currently fenced off with a wooden fence. This settlement would ratify the existence of this easement and allow the Park at West Creek to construct the improvements necessary for the creation of a driveway which would allow the residents of the Park at West Creek to access the Park's property via the access easement from the west 610 Loop northbound front...

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