STRATEGIC PRIORITY: Economic and Neighborhood Vitality
AGENDA DATE: September 22, 2021
COUNCIL DISTRICT(S): 6
DEPARTMENT: Department of Sustainable Development and Construction
EXECUTIVE: Dr. Eric A. Johnson
______________________________________________________________________
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 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 September 11, 2019, City Council authorized acquisition from Azoff Irving, Co Trustee of the Red Oak Trust, of approximately 2,706 square feet of land located in Dallas County for the Lower Eastbank Interceptor Project by Resolution No. 19-1391.
On June 24, 2020, City Council authorized acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from Azoff Irving, Co Trustee of the Red Oak Trust, of land containing approximately 2,706 square feet of land located in Dallas County for the Lower Eastbank Interceptor Project by Resolution No. 20-1026.
FISCAL INFORMATION
|
Fund |
FY 2021 |
FY 2022 |
Future Years |
|
Wastewater Construction Fund |
$64,054.00 |
$0.00 |
$0.00 |
OWNER
1401 Turtle Creek Dunhill, LLC
William L. Hutchinson, Managing Member
MAP
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