STRATEGIC PRIORITY: Transportation & Infrastructure
AGENDA DATE: April 26, 2023
COUNCIL DISTRICT(S): 4
DEPARTMENT: Water Utilities Department
EXECUTIVE: Kimberly Bizor Tolbert
______________________________________________________________________
SUBJECT
title
Authorize the (1) deposit of the amount awarded by the Special Commissioners in the condemnation proceeding styled CITY OF DALLAS VS. SOUTHERLAND 37, LLC, et al., Cause No. CC-21-04654-E, pending in Dallas County Court at Law No. 5, for acquisition from Southerland 37, LLC, of approximately 287,786 square feet of land, located on East Kiest Boulevard at its intersection with Southerland Avenue for the Dallas Floodway Extension Project; and (2) settlement of the condemnation proceeding for an amount not to exceed the award - Not to exceed $837,900.00 ($829,900.00, plus closing costs and title expenses not to exceed $8,000.00) - Financing: Flood Protection and Storm Drainage Facilities Fund (2006 General Obligation Bond Funds)
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BACKGROUND
On August 11, 2021, the City Council authorized the acquisition of this property, by Resolution No. 21-1274. The property owner was offered $143,893.00, which was based on a written appraisal from an independent certified appraiser. The property owner did not accept the offer. On September 22, 2021, the City Council authorized a condemnation proceeding, by Resolution No. 21-1603 and the City filed an eminent domain proceeding to acquire the property. After a hearing before the Special Commissioners on February 21, 2023, the property owner was awarded $829,900.00. This item authorizes deposit of the amount awarded by the Special Commissioners for the property, which is $686,007.00 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. Future relocation assistance may be necessary for this acquisition.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On August 11, 2021, City Council authorized acquisition from Southerland 37, LLC of an unimproved tract of land containing approximately 287,786 square feet located on East Kiest Boulevard at its intersection with Southerland Avenue for the Dallas Floodway Extension Project by Resolution No. 21-1274.
On September 22, 2021, City Council authorized the second step of acquisition for condemnation by eminent domain to acquire an unimproved tract of land containing approximately 287,786 square feet, from Southerland 37, LLC, located on East Kiest Boulevard at its intersection with Southerland Avenue for the Dallas Floodway Extension Project by Resolution No. 21-1603.
FISCAL INFORMATION
|
Fund |
FY 2023 |
FY 2024 |
Future Years |
|
Flood Protection and Storm Drainage Facilities Fund (2006 General Obligation Bond Funds) |
$837,900.00 |
$0.00 |
$0.00 |
OWNER
Southerland 37, LLC
Mark Cuban, President
MAP
Attached