STRATEGIC PRIORITY: Transportation & Infrastructure
AGENDA DATE: December 13, 2023
COUNCIL DISTRICT(S): 7
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. The Royal Kingsguest, LLC. et al., Cause No. CC-22-03844-D, pending in Dallas County Court at Law No. 4, to acquire fee simple title of approximately 9,987 square feet of land located near the intersection of Dolphin Road and Detonte Street for the Dolphin Road from Spring Avenue to North Haskell Avenue Project; and (2) settlement of the condemnation proceeding for an amount not to exceed the awarded amount - Not to exceed $116,678.00, increased from $138,000.00 ($133,322.00, plus closing costs and title expenses not to exceed $4,678.00) to $254,678.00 ($250,000.00 being the award, plus closing costs and title expenses not to exceed $4,678.00) - Financing: Street and Transportation (A) Fund (2017 General Obligation Bond Fund) ($23,335.60) and Capital Projects Reimbursement Fund ($93,342.40)
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BACKGROUND
On January 27, 2021, the City Council authorized the acquisition of this property by Resolution No. 21-0227 and on April 13, 2022, the City Council authorized acquisition through the use of condemnation by Resolution No. 22-0590. The property owner was offered $133,322.00, plus closing cost and title expenses not to exceed $4,678.00, 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 August 1, 2023, the Special Commissioners awarded the property owner $250,000.00.
This item authorizes deposit of the amount awarded by the Special Commissioners for the property, which is $116,678.00 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.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 27, 2021, the City Council authorized acquisition by Resolution No. 21-0227.
On April 13, 2022, the City Council authorized the use of condemnation by Resolution No. 22-0590.
FISCAL INFORMATION
|
Fund |
FY 2024 |
FY 2025 |
Future Years |
|
Street and Transportation (A) Fund (2017 General Obligation Bond Fund) |
$ 23,335.60 |
$0.00 |
$0.00 |
|
Capital Projects Reimbursement Fund |
$ 93,342.40 |
$0.00 |
$0.00 |
|
Total |
$116,678.00 |
$0.00 |
$0.00 |
Resolution No. 21-0227 $138,000.00
Additional Amount (this action) $116,678.00
Total Authorized Amount $254,678.00
OWNER
The Royal Kingsquest, LLC
George Davis King Jr., Manager
MAP
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