Legislation Details

File #: 19-9492    Version: 1 Name: Rafah Condemnation Settlement
Type: Agenda Item Status: Consent Agenda
File created: 10/22/2019 In control: City Attorney
On agenda: 11/5/2019 Final action: 11/5/2019
Title: Authorize settlement in lieu of proceeding further with condemnation in the condemnation lawsuit styled City of Grand Prairie v. Rafah Real Estate, LLC Series H, pending in Tarrant County Court at Law No. 2, Cause No. 2019-002758-2, for acquisition from Rafah Real Estate, LLC Series H of a parcel of land in Tarrant County for right-of-way, a drainage easement, and a temporary construction easement for the Seeton Road Widening Project - Phase 2 (from Grand Peninsula Drive to Day Miar Road), for a total settlement of $183,000, plus closing costs and title expenses
Attachments: 1. 19-9492 Settlement.pdf

From

Mark Dempsey - Deputy City Attorney

 

Title

Authorize settlement in lieu of proceeding further with condemnation in the condemnation lawsuit styled City of Grand Prairie v. Rafah Real Estate, LLC Series H, pending in Tarrant County Court at Law No. 2, Cause No. 2019-002758-2, for acquisition from Rafah Real Estate, LLC Series H of a parcel of land in Tarrant County for right-of-way, a drainage easement, and a temporary construction easement for the Seeton Road Widening Project - Phase 2 (from Grand Peninsula Drive to Day Miar Road), for a total settlement of $183,000, plus closing costs and title expenses

 

Presenter

Megan Mahan - City Attorney

 

Recommended Action

Approve

 

Analysis

This project and interest in land was approved for acquisition by condemnation on September 18, 2018, City Council Agenda (File ID 18-8089).  The City first attempted to negotiate with the representative of Rafah Real Estate, LLC Series H (Rafah) but was unsuccessful.  The City filed a condemnation proceeding and during the pendency of the lawsuit, the City and Rafah negotiated this settlement.

 

The City will pay all title expenses and closing costs.

 

Financial Consideration

Funding in the approximate total amount of $186,500 is available in Street Capital Projects Fund (400192) WO #02006403 (Seeton Rd Grand Peninsula STRT) 68610 (ROW/Easements)