STRATEGIC PRIORITY: Mobility Solutions, Infrastructure, and Sustainability
AGENDA DATE: September 25, 2019
COUNCIL DISTRICT(S): 14
DEPARTMENT: Water Utilities Department
EXECUTIVE: Majed Al-Ghafry
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SUBJECT
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Authorize (1) settlement in lieu of proceeding further with condemnation in the condemnation proceeding/lawsuit The City of Dallas v. LG East Ross, LLC, a Texas Limited Liability Company, et al., pending in Dallas County Court At Law No. 2, Cause No. CC-19-00248-B, for acquisition from LG East Ross, LLC, et al., of a subsurface easement under approximately 11,455 square feet of land located on Ross Avenue at its intersection with Washington Avenue for the Mill Creek/Peaks Branch/State Thomas Drainage Relief Tunnel Project, in the amount of $150,000.00; and (2) the deposit of the settlement amount of $150,000.00 - Not to exceed $153,500.00 ($150,000.00 being the settlement amount plus closing costs and title expenses not to exceed $3,500.00) an increase of $69,815.00 from the amount Council authorized in the second resolution for this acquisition - Financing: Flood Protection and Storm Drainage Facilities Fund (2006 Bond Funds)
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BACKGROUND
This item authorizes settlement for the acquisition of a subsurface easement under approximately 11,455 square feet of land located on Ross Avenue at its intersection with Washington Avenue for the Mill Creek/Peaks Branch/State Thomas Drainage Relief Tunnel Project. This settlement will allow acquisition of the property without further condemnation proceedings.
On May 10, 2017, the City Council authorized the purchase of this property, by Resolution No. 17-0761. The property owner was offered $51,942.00, which was based on a written appraisal from an independent certified appraiser. The property owner did not accept the offer.
On March 16, 2018 a second appraisal was performed to realize the current market value of the property. The apprai...
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