STRATEGIC PRIORITY: Transportation & Infrastructure
AGENDA DATE: April 26, 2023
COUNCIL DISTRICT(S):|910|DEPARTMENT: Water Utilities Department
EXECUTIVE: Kimberly Bizor Tolbert
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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. SOUTHERLAND 37, LLC, et al., Cause No. CC-21-04654-E, pending in Dallas County Court at Law No. 5, for acquisition from Southerland 37, LLC, of approximately 287,786 square feet of land, located on East Kiest Boulevard at its intersection with Southerland 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 $837,900.00 ($829,900.00, plus closing costs and title expenses not to exceed $8,000.00) - Financing: Flood Protection and Storm Drainage Facilities Fund (2006 General Obligation Bond Funds)
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BACKGROUND
On August 11, 2021, the City Council authorized the acquisition of this property, by Resolution No. 21-1274. The property owner was offered $143,893.00, which was based on a written appraisal from an independent certified appraiser. The property owner did not accept the offer. On September 22, 2021, the City Council authorized a condemnation proceeding, by Resolution No. 21-1603 and the City filed an eminent domain proceeding to acquire the property. After a hearing before the Special Commissioners on February 21, 2023, the property owner was awarded $829,900.00. This item authorizes deposit of the amount awarded by the Special Commissioners for the property, which is $686,007.00 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 p...
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