STRATEGIC PRIORITY: Workforce, Education & Equity
AGENDA DATE: February 26, 2025
COUNCIL DISTRICT(S): 5
DEPARTMENT: Department of Facilities and Real Estate Management
EXECUTIVE: Donzell Gipson
______________________________________________________________________
SUBJECT
Title
Authorize settlement in lieu of proceeding further with condemnation in the condemnation suit styled City of Dallas vs. Totsie Irene Farley, et al., Cause No. CC-21-02174-c in Dallas County Court at Law No. 3 filed in from A+ Charter Schools, Inc., of approximately 466,639 square feet of land located near the intersection of Masters Drive and Old Seagoville Road for District 5 New Park at Masters Drive Project - Not to exceed $407,759.49 increased from $574,000.00 ($568,196.00, plus closing costs and title expenses not to exceed $5,804.00) to $981,759.49 ($975,000.00 plus closing costs and title expenses not to exceed $6,759.49) - Financing: Park and Recreation Facilities (B) Fund (2017 General Obligation Bond Fund)
Body
BACKGROUND
This item on behalf of the Parks and Recreation Department authorizes a settlement for the acquisition of approximately 466,639 square feet of land located near the intersection of Masters Drive and Old Seagoville Road for the District 5 New Park at Masters Drive Project. This settlement will allow acquisition of the property without further condemnation proceedings.
The first resolution approved on August 12, 2020, authorized the necessity of acquiring real property and authorizing its purchase for public use in the amount of $568,196.00.
The settlement will avoid increased costs associated with construction delays, commissioners’ costs, updated appraisal reports, court filing fees and uncertainty associated with the possibility of commissioners’ award being higher than the negotiated amount of $975,000.00. The settlement amount is based on independent appraisals and further negotiations between the City and the property owner.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 27, 2021, City Council authorized condemnation for the acquisition of real property from the Heirs At Law of the Estate of Totsie Irene Farley, deceased; the Heirs At Law of the Estate of Marion Adoree Farley Smith, deceased; Caressa Jean Smith Holder, as her interest may appear and the Heirs At Law of the Estate of Frederick Alexander Smith, deceased, as their interest may appear of approximately 473,497 square feet of land in Dallas County for the District 5 New Park at Masters Drive Project by Resolution No. 21-0259.
On August 12, 2020, City Council authorized necessity of acquiring real property and authorizing its purchase for public use from the Heirs At Law of the Estate of Totsie Irene Farley, deceased; the Heirs At Law of the Estate of Marion Adoree Farley Smith, deceased; Caressa Jean Smith Holder, as her interest may appear and the Heirs At Law of the Estate of Frederick Alexander Smith, deceased, as their interest may appear of approximately 473,497 square feet of land located near the intersection of Masters Drive and Old Seagoville Road for the District 5 New Park at Masters Drive Project by Resolution No. 20-1128.
FISCAL INFORMATION
|
Fund |
FY 2025 |
FY 2026 |
Future Years |
|
Park and Recreation Facilities (B) Fund (2017 General Obligation Bond Fund) |
$407,759.49 |
$0.00 |
$0.00 |
Resolution No. 20-1128 $574,000.00
Additional Amount (this action) $407,759.49
Total Authorized Amount $981,759.49
OWNER/EXECUTIVE
A+ Charter Schools, Inc.
Dr. Brenton White, Superintendent
MAP
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