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File #: 22-174    Version: 1 Name:
Type: CONSENT AGENDA Status: Approved
File created: 12/16/2021 In control: Water Utilities Department
On agenda: 1/26/2022 Final action:
Title: Authorize the (1) deposit of the amount awarded by the Special Commissioners in the condemnation proceeding styled CITY OF DALLAS VS. MAINLAND LAND & EQUIPMENT CO., A NEBRASKA CORPORATION, et al., Cause No. CC-21-00536-E, pending in Dallas County Court at Law No. 5, for acquisition from Mainland Land & Equipment Co., of an improved tract of land containing a total of approximately 11.755 acres located Sargent Road near its intersection with Morrell Avenue for the Dallas Floodway Extension Project; and (2) settlement of the condemnation proceeding for an amount not to exceed the award - Not to exceed $323,000.00 - Trinity River Corridor Project Fund (1998 General Obligation Bond Funds) ($320,000.00, plus closing costs and title expenses not to exceed $3,000.00)
Indexes: 4
Attachments: 1. Map, 2. Resolution
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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STRATEGIC PRIORITY: Environmental & Sustainability
AGENDA DATE: January 26, 2022
COUNCIL DISTRICT(S):|910|DEPARTMENT: Water Utilities Department
EXECUTIVE: Majed Al-Ghafry
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SUBJECT

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Authorize the (1) deposit of the amount awarded by the Special Commissioners in the condemnation proceeding styled CITY OF DALLAS VS. MAINLAND LAND & EQUIPMENT CO., A NEBRASKA CORPORATION, et al., Cause No. CC-21-00536-E, pending in Dallas County Court at Law No. 5, for acquisition from Mainland Land & Equipment Co., of an improved tract of land containing a total of approximately 11.755 acres located Sargent Road near its intersection with Morrell Avenue for the Dallas Floodway Extension Project; and (2) settlement of the condemnation proceeding for an amount not to exceed the award - Not to exceed $323,000.00 - Trinity River Corridor Project Fund (1998 General Obligation Bond Funds) ($320,000.00, plus closing costs and title expenses not to exceed $3,000.00)

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BACKGROUND

On September 23, 2020, the City Council authorized the acquisition of this property by Resolution No. 20-1472. The property owner was offered $10.00, which was based on a written appraisal from an independent certified appraiser. The property owner did not accept the offer. On November 11, 2020, the City Council authorized a condemnation proceeding by Resolution No. 20-1822 and the City filed an eminent domain proceeding to acquire the property. After a hearing before the Special Commissioners on December 13, 2021, the property owner was awarded $320,000.00. This item authorizes deposit of the amount awarded by the Special Commissioners for the property, which is $318,490.00 more than the City Council originally authorized for this acquisition, plus additional closing costs and title expenses not to exceed $1,500.00.

The City has no control over the Special Commissioners appointed by the judge or any award that is subsequently re...

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