STRATEGIC PRIORITY: Mobility Solutions, Infrastructure, and Sustainability
AGENDA DATE: December 8, 2021
COUNCIL DISTRICT(S): 6
DEPARTMENT: Department of Public Works
EXECUTIVE: Majed Al-Ghafry
______________________________________________________________________
SUBJECT
title
Authorize settlement in lieu of proceeding further with condemnation proceedings styled City of Dallas v. Market Center Boulevard, LLC, et al., Cause No. CC-20-02627-E, pending in Dallas County Court at Law No. 5, to acquire approximately 2,724 square feet of land in Dallas County for the Lower Eastbank Interceptor Project - Not to exceed $170,610.00 increased from $132,390.00 ($129,390.00 being the award, plus closing costs and title expenses not to exceed $3,000.00) to $303,000.00 ($300,000.00, plus closing costs and title expenses not to exceed $3,000.00) - Financing: Wastewater Capital Improvement F Fund
body
BACKGROUND
This item authorizes a settlement in lieu of proceeding further with condemnation proceedings styled City of Dallas v. Market Center Boulevard, LLC, et al., Cause No. CC-20-02627-E, pending in Dallas County Court at Law No. 5, for the acquisition of a tract of land containing approximately 2,724 square feet of land in Dallas County for the Lower Eastbank Interceptor Project. This settlement will allow acquisition of the property without further condemnation proceedings.
This property will be used for the construction of approximately 7,700 LF of a 104-inch diameter wastewater main and two 72-inch diameter wastewater mains. The consideration is based on an independent appraisal. No relocation benefits are associated with this acquisition. The consideration is based on an independent appraisal.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On September 11, 2019, City Council authorized acquisition from Market Center Boulevard, LLC, of approximately 2,724 square feet of land located in Dallas County for the Lower Eastbank Interceptor Project by Resolution No. 19-1395.
On February 12, 2020, City Council authorized acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from Market Center Boulevard, LLC, of land containing approximately 2,724 square feet of land located in Dallas County for the Lower Eastbank Interceptor Project by Resolution No. 20-0281.
On January 27, 2021, City Council authorized the deposit of a Special Commissioners’ Award and Settlement of a condemnation proceeding from Market Center Boulevard LLC, of land containing approximately 2,724 square feet of land located in Dallas County for the Lower Eastbank Interceptor Project by Resolution No. 21-0229.
FISCAL INFORMATION
|
Fund |
FY 2022 |
FY 2023 |
Future Years |
|
Wastewater Capital Improvement F Fund |
$170,610.00 |
$0.00 |
$0.00 |
Resolution Nos. 19-1395 & 20-0281 $114,684.00
Resolution No. 21-0229 $132,390.00 ($114,684 Increased an Additional $17,706.00)
Additional Amount (this action) $170,610.00
Total Authorized Amount $303,000.00
OWNER
Market Center Boulevard, LLC
Peter Von Gontard
Andrew Von Gontard
Alexander Von Gontard
Adalbert Von Gontard III
Adalbert Von Gontard IV
MAP
Attached