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File #: 22-2097    Version: 1 Name:
Type: CONSENT AGENDA Status: Approved
File created: 9/12/2022 In control: Water Utilities Department
On agenda: 10/26/2022 Final action:
Title: Authorize the (1) deposit of the amount awarded by the Special Commissioners in the condemnation proceeding styled CITY OF DALLAS VS. DALLAS H.B.M. III L.L.C., A TEXAS LIMITED LIABILITY COMPANY, et al., Cause No. CC-22-01267-B, pending in Dallas County Court at Law No. 2, for acquisition from Dallas H.B.M. III L.L.C., a Texas Limited Liability Company, et al., of an improved tract of land containing a total of approximately 263,495 square feet located on East Kiest Boulevard at its intersection with Rector Street for the Dallas Floodway Extension Project; and (2) settlement of the condemnation proceeding for an amount not to exceed the award - Not to exceed $4,085,723.00 ($4,061,888.00, plus closing costs and title expenses not to exceed $23,835.00) - Financing: Flood Protection and Storm Drainage Facilities Fund (2006 General Obligation Bond Funds) ($3,025,971.41) and Trinity River Corridor Fund (1998 General Obligation Bond Funds) ($1,059,751.59)
Indexes: 4
Attachments: 1. Map, 2. Resolution
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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STRATEGIC PRIORITY: Transportation & Infrastructure
AGENDA DATE: October 26, 2022
COUNCIL DISTRICT(S): 4
DEPARTMENT: Water Utilities Department
EXECUTIVE: Kimberly Bizor Tolbert
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SUBJECT

title
Authorize the (1) deposit of the amount awarded by the Special Commissioners in the condemnation proceeding styled CITY OF DALLAS VS. DALLAS H.B.M. III L.L.C., A TEXAS LIMITED LIABILITY COMPANY, et al., Cause No. CC-22-01267-B, pending in Dallas County Court at Law No. 2, for acquisition from Dallas H.B.M. III L.L.C., a Texas Limited Liability Company, et al., of an improved tract of land containing a total of approximately 263,495 square feet located on East Kiest Boulevard at its intersection with Rector Street for the Dallas Floodway Extension Project; and (2) settlement of the condemnation proceeding for an amount not to exceed the award - Not to exceed $4,085,723.00 ($4,061,888.00, plus closing costs and title expenses not to exceed $23,835.00) - Financing: Flood Protection and Storm Drainage Facilities Fund (2006 General Obligation Bond Funds) ($3,025,971.41) and Trinity River Corridor Fund (1998 General Obligation Bond Funds) ($1,059,751.59)

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BACKGROUND

On December 8, 2021, City Council authorized the acquisition of this property by Resolution No. 21-2006. The property owner was offered $959,374.00, which was based on a written appraisal from an independent certified appraiser. The property owner did not accept the offer.

On January 26, 2022, City Council authorized a condemnation proceeding by Resolution No. 22-0261 and the City filed an eminent domain proceeding to acquire the property. After a hearing before the Special Commissioners on August 9, 2022, the property owner was awarded $4,061,888.00. This item authorizes deposit of the amount awarded by the Special Commissioners for the property, which is $3,126,349.00 more than the City Council originally authorized for this acquisit...

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