STRATEGIC PRIORITY: Transportation & Infrastructure
AGENDA DATE: April 10, 2024
COUNCIL DISTRICT(S): 5
DEPARTMENT: Department of Public Works
EXECUTIVE: Dr. Robert Perez
______________________________________________________________________
SUBJECT
Title
Authorize (1) deposit of the amount awarded by the Special Commissioners in the condemnation proceedings styled City of Dallas v. Nancy Ruth Lander as Trustee of the Nancy Ruth Lander Marital Trust and John B. Reece, et al., Cause No. CC-23-00513-C, pending in Dallas County Court at Law No. 3, to acquire fee simple title of approximately 15,065 square feet of land located near the intersection of Military Parkway and Scottsdale Drive for the Dallas Water Distribution Division Scottsdale Drive Project; and (2) settlement of the condemnation proceeding for an amount not to exceed the awarded amount - Not to exceed $5,599.70, increased from $78,500.00 ($75,000.00, plus closing costs and title expenses not to exceed $3,500.00) to $84,099.70 ($81,049.70 being the award, plus closing costs and title expenses not to exceed $3,050.00) - Financing: Water Construction Fund
Body
BACKGROUND
On October 12, 2022, the City Council authorized the acquisition of this property by Resolution No. 22-1530; and on December 14, 2022, the City Council authorized acquisition through the use of condemnation by Resolution No. 22-1814. The property owner was offered $75,000.00, plus closing cost and title expenses not to exceed $3,500.00, which was based on a written appraisal from an independent appraiser. The property owner of record refused offer and the City filed an eminent domain proceeding to acquire the property. After a hearing on January 22, 2024, the Special Commissioners awarded the property owner $81,049.70. This item authorizes deposit of the amount awarded by the Special Commissioners for the property, which is $5,599.70 more than the City Council originally authorized for this acquisition.
The City has no control over the Special Commissioners appointed by the judge or any award that is subsequently rendered by the Special Commissioners. The City, in order to acquire possession of the property and proceed with its improvements, must deposit the amount awarded by the Special Commissioners in the registry of the Court.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On October 12, 2022, the City Council authorized acquisition from Nancy Ruth Lander and John B. Reece, of approximately 15,065 square feet of land located near the intersection of Military Parkway and Scottsdale Drive for the Dallas Water Utilities Distribution Division Scottsdale Drive Project by Resolution No. 22-1530.
On December 14, 2022, the City Council authorized acquisition through the use of condemnation by eminent domain to acquire from Nancy Ruth Lander and John B. Reece of approximately 15,065 square feet of land, located near the intersection of Scottsdale Drive and Carr Street for the Dallas Water Utilities Distribution Division Scottsdale Drive Project by Resolution No. 22-1814.
FISCAL INFORMATION
|
Fund |
FY 2024 |
FY 2025 |
Future Years |
|
Water Construction Fund |
$5,599.70 |
$0.00 |
$0.00 |
Resolution No. 22-1530 $78,500.00
Additional Amount (this action) $ 5,599.70
Total Authorized Amount $84,099.70
OWNERS
Nancy Ruth Lander
John B. Reece
MAP
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