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File #: 21-1590    Version: 1 Name:
Type: CONSENT AGENDA Status: Approved
File created: 8/17/2021 In control: Department of Sustainable Development and Construction
On agenda: 9/22/2021 Final action:
Title: Authorize the (1) deposit of the amount awarded by the Special Commissioners in the condemnation proceedings styled City of Dallas v. 1401 Turtle Creek Dunhill, LLC, et al., Cause No. CC-20-05284-E, pending in Dallas County Court at Law No. 3, to acquire approximately 2,706 square feet of land in Dallas County for the Lower Eastbank Interceptor Project; and (2) settlement of the condemnation proceeding for an amount not to exceed the award - Not to exceed $64,054.00, increased from $114,000.00 ($110,946.00, plus closing costs and title expenses not to exceed $3,054.00) to $178,054.00 ($175,000.00 being the award, plus closing costs and title expenses not to exceed $3,054.00) - Financing: Wastewater Construction Fund
Indexes: 6
Attachments: 1. Map, 2. Resolution, 3. Exhibit A
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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STRATEGIC PRIORITY: Economic and Neighborhood Vitality
AGENDA DATE: September 22, 2021
COUNCIL DISTRICT(S):|910|DEPARTMENT: Department of Sustainable Development and Construction
EXECUTIVE: Dr. Eric A. Johnson
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SUBJECT

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Authorize the (1) deposit of the amount awarded by the Special Commissioners in the condemnation proceedings styled City of Dallas v. 1401 Turtle Creek Dunhill, LLC, et al., Cause No. CC-20-05284-E, pending in Dallas County Court at Law No. 3, to acquire approximately 2,706 square feet of land in Dallas County for the Lower Eastbank Interceptor Project; and (2) settlement of the condemnation proceeding for an amount not to exceed the award - Not to exceed $64,054.00, increased from $114,000.00 ($110,946.00, plus closing costs and title expenses not to exceed $3,054.00) to $178,054.00 ($175,000.00 being the award, plus closing costs and title expenses not to exceed $3,054.00) - Financing: Wastewater Construction Fund

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BACKGROUND

On September 11, 2019, City Council authorized the acquisition of this property by Resolution No. 19-1391 and on June 24, 2020, City Council authorized acquisition through the use of condemnation by Resolution No. 20-1026. The property owner was offered $110,946.00, which does not include closing costs and title expenses not to exceed $3,054.00, which was based on a written appraisal from an independent certified appraiser. The property owner did not accept the offer and the City filed an eminent domain proceeding to acquire the property. After a hearing on August 08, 2021, the Special Commissioners awarded the property owner $175,000.00.
This item authorizes deposit of the amount awarded by the Special Commissioners for the property, which is $64,054.00 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 render...

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