Agenda

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Item # 4.m.

City Council (FY24)

Meeting Date:	04/23/2024
Department:	Parks & Recreation
Key Focus Areas:	Mobility and Connectivity

AGENDA CAPTION:

Consider action on a Resolution authorizing the use of Eminent Domain for the acquisition of permanent right-of-way for Dallas Area Rapid Transit (DART) to construct Phase 2 of the Cotton Belt Trail in Addison, with limits east of Surveyor Blvd to the Dallas North Tollway and at Marsh Lane.

BACKGROUND:

This item would authorize eminent domain proceedings as necessary for the acquisition of two parcels of additional right-of-way needed in those cases where agreement cannot be reached on property purchases, for the construction of Phase 2 of The Cotton Belt Trail in Addison.

On February 27, 2024, Council authorized the City Manager to execute easement and property acquisition documents for additional right of way that will be needed for the construction of Phase 2 of the Cotton Belt Trail by DART. Negotiations with the two affected property owners have been ongoing since December 2023. Staff anticipates that one or possibly both property owners will not be willing to accept the appraisal amount for the properties. For this project to stay on schedule, it is necessary to obtain authorization to use eminent domain proceedings to acquire these properties.

The attached resolution declares the public purpose of the project. It authorizes the use of eminent domain in those cases where an agreement cannot be reached with the property owners.

RECOMMENDATION:

Administration recommends approval.

Attachments
Resolution ED Cotton Belt ROW