DEPARTMENT: Trinity River Corridor Project CMO: Jill … tracts are improved with single family residences which may require potential relocation assistance at a future date. Six tracts

KEY FOCUS AREA: Economic Vibrancy

AGENDA DATE: September 23, 2009

COUNCIL DISTRICT(S): 7

DEPARTMENT: Trinity River Corridor Project

CMO: Jill A. Jordan, P.E., 670-5299

MAPSCO: 56G

SUBJECT

Authorize acquisition, including the exercise of the right of eminent domain, if suchbecomes necessary, of nine tracts of land containing a total of approximately63,700 square feet located near the intersection of Colonial Avenue and StarksAvenue for the Trinity Parkway; potential relocation assistance may be warranted -

Not to exceed $134,700 ($1 11,700, plus closing costs not to exceed $23,000) -

Financing: 1998 Bond Funds

BACKGROUND

This item authorizes the acquisition of nine tracts of land containing a total ofapproximately 63,700 square feet. Three tracts are improved with single familyresidences which may require potential relocation assistance at a future date. Sixtracts are unimproved. These properties are located near the intersection ofColonial Avenue and Starks Avenue and are required for the reconstruction of adirect connector route between US 175/SM Wright to 1-45 to ultimately eliminate“dead-man’s curve”. This connector is part of the Trinity Parkway, without it thedowngrade of SM Wright cannot proceed. The offer amounts are based uponindependent appraisals.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS. COMMISSIONS)

This item has no prior action.

FISCAL INFORMATION

1998 Bond Funds - $134,700 ($1 11,700, pIus closing costs not to exceed$23,000)

OWNERS

Salem Institutional Baptist ChurchLennis Levine, Trustee

Angelos Kolobotos

W.J. Jones

Alan Coleman and Latese Coleman

Emanuel V. Goss and Jerrod Bourquin

Detroit Michigan Packer, Alvin Packer and Angela L. Packer

Avan Easter, Sr. and Melba Easter Revocable Living Trust

M.H. Now, LLCClark Carman, Manager

Desoto Real Estate ResourceEliich Muhammed, President

MAPS

Attached

Agenda Date 09/23/2009 - page 2

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COUNCIL CHAMBER

September 23, 2009

A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REALPROPERTY AND AUTHORIZING ITS APPROPRIATION AND/OR CONDEMNATIONFOR A MUNICIPAL PURPOSE AND PUBLIC USE.

DEFINITIONS: For the purposes of this resolution, the following definitions of termsshall apply:

CITY: The City of Dallas.

PROPERTY: The tracts or parcels of land described in “Exhibit A”, attached hereto andmade a part hereof for all purposes.

PROJECT: Trinity Parkway

PROPERTY INTEREST: Fee Simple Interest

OFFER AMOUNT, OWNER and CLOSING COSTS are described below:

TRACT OFFER CLOSING COSTS ENCUMBRANCENO. OWNER AMOUNT NOTTO EXCEED N

1 Salem Institutional $5,950.00 $2,000.00 PBW98N965KDBaptist Church

2 Angelos Kolobotos $10,500.00 $2,500.00 PBW98N965KA3 W.J. Jones $5,950.00 $2,000.00 PBW98N965KC4 Alan and Latese $5,950.00 $2,000.00 PBW98N965KE

Coleman5 Emanuel V. Goss and $5,950.00 $2,000.00 PBW98N965KF

Jerrod Bourquin6 Detroit Michigan $55,000.00 $5,000.00 PBW98N965KG

Packer, Alvin Packerand Angela L. Packer

7 Avan Easter, Sr. and $5,950.00 $2,000.00 PBW98N965K0Melba EasterRevocable Living Trust

8 M.H. Now, LLC $5,950.00 $2,000.00 PBW98N965KB9 Desoto Real Estate $10,500.00 $3,500.00 PBW98N965KH

provided, however, that the term “OWNER” as used in this resolution means all personshaving an ownership interest, regardless of whether those persons are actually namedherein.

AUTHORIZED AMOUNT: $134,700.00

COUNCIL CHAMBER

September 23, 2009

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

SECTION 1. That the PROJECT is a municipal and public purpose and a public use.

SECTION 2. That public necessity requires that the CITY acquire the PROPERTYINTEREST in the PROPERTY for the PROJECT.

SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST in thePROPERTY, the Assistant Director of the Development Services Department, RealEstate Division, or such person as she may designate, is hereby authorized anddirected to offer the OFFER AMOUNT as payment for the PROPERTY INTEREST inthe PROPERTY.

SECTION 4. That in the event the OWNER accepts the OFFER AMOUNT, the CityController is authorized and directed to draw a warrant in favor of the OWNER, or thetitle company closing the transaction described herein, in the OFFER AMOUNT payableout of Trinity River Corridor Project , Fund No. 6P14, Department PBW, Unit N965,Activity TRPP, Object 4210, Program PB98N965, Vendor No. 342843. The OFFERAMOUNT and the CLOSING COSTS together shall not exceed the AUTHORIZEDAMOUNT.

TRACT OFFER ENCUMBRANCEAMOUNT

1 $5,950.00 PBW98N965KD

2 $10,500.00 PBW98N965KA

3 $5,950.00 PBW98N965KC

4 $5,950.00 PBW98N965KE

5 $5,950.00 PBW98N965KF

6 $55,000.00 PBW98N965KG

7 $5,950.00 PBW98N965KO

8 $5,950.00 PBW98N965KB

9 $10,500.00 PBW98N965KH

COUNCIL CHAMBER

September 23, 2009

SECTION 5. That the CITY is to have possession of the PROPERTY at closing; andthe CITY will pay any title expenses and closing costs. In the event of condemnationthe CITY will pay court costs as may be assessed by the Special Commissioners or thecourt. Further, that litigation expenses determined by the City Attorney to be necessaryare authorized for payment. All costs and expenses described in this section shall bepaid from the previously described funds.

SECTION 6. That if the OWNER refuses to accept the OFFER AMOUNT the CITY willappropriate the PROPERTY INTEREST in the PROPERTY for the PROJECT under thelaws of eminent domain and the provisions of the Charter of the City of Dallas. In suchcase, the City Attorney is authorized and requested to file the necessary suit(s) andtake the necessary action for the prompt acquisition of the PROPERTY INTEREST inthe PROPERTY by condemnation or in any manner provided by law.

SECTION 7. That in the event it is subsequently determined that additional personsother than those named herein have an interest in the PROPERTY, the City Attorney isauthorized and directed to join said parties as defendants in said condemnation suit(s).

SECTION 8. That in the event the Special Commissioners in Condemnation appointedby the Court return an award that is the same amount or less than the OFFERAMOUNT, the City Attorney is hereby authorized to settle the lawsuit for that amountand the City Controller is hereby authorized to issue a check drawn on the previouslydescribed funds in an amount not to exceed the Commissioners’ award made payableto the County Clerk of Dallas County, to be deposited into the registry of the Court, toenable the CITY to take possession of the PROPERTY without further action of theDallas City Council.

SECTION 9. That this resolution shall take effect immediately from and after itspassage in accordance with the provisions of the Charter of the City of Dallas, and it isaccordingly so resolved.

APPROVED AS TO FORM:P. PEI

EXHIBIT A TRACT 1Field Notes describing a 7,000 Square Foot (0.1 607 Acre) Tract of Land

In City Block 2247, to be Acquired from theSalem Institutional Baptist Church

Being 7,000 Square Feet (0.1607 Acres) of land situated in the John M. CrockettSurvey, Abstract No. 353, Dallas County, Texas, and lying in Block 2247 (officialCity of Dallas Block Numbers), being the remainder of Lot 44 of the Ervay Placeaddition, an addition to the City of Dallas, recorded in Volume 1, Page 443 of theMap Records of Dallas County, and being all of the property conveyed to theSalem Institutional Baptist Church by Quit Claim deed dated December 2, 1995and recorded in Volume 95234, Page 2803 of the Deed Records of DallasCounty, Texas and being more particularly described as follows:

BEGINNING at an “X” cut in concrete at the most Easterly corner of said Lot 44and Block 2247, being also the intersection of the Northwest line of Stark Street(a variable width Right-of-Way) with the Southwest line of Colonial Avenue (a 60’Right-of-Way):

THENCE South 50°35’02” West, departing the last said Southwest line ofColonial Avenue and with the said Northwest line of Stark Street a distance of140.00 feet to a 5/8” dia. Iron Rod with cap marked “City of Dallas” set at themost Southerly corner of said Lot 44, at the intersection with the Northeast line ofa 15-foot alley:

THENCE North 38°54’58” West, departing the last said Northwest line of StarkStreet and with the Northeast line of said Alley a distance of 50.00 feet to an “X”cut in concrete at the most Westerly corner of the herein described tract of land:

THENCE North 50°35’02” East, departing the last said Northeast line of saidAlley, and 5.00 feet distant from and parallel with the Northwest line of said Lot44 a distance of 140.00 feet to a 5/8” dia. Iron Rod with cap marked “City ofDallas” set on the Southwest line of the above referenced Colonial Avenue, andthe most Northerly corner of the herein described tract of land:

THENCE South 38°54’58” East with the said Southwest line of Colonial Avenue adistance of 50.00 feet to the POINT OF BEGINNING, containing 7,000 SquareFeet, or 0.1607 Acres of land.

BASIS OF BEARINGS: Bearings are based on the Southwest line of ColonialAvenue, at South 38°54’58” East, as derived from Global Positioning Systemobservations using the North Texas Cooperative Real Time Kinematic Survey,Virtual Reference Station System, North American Datum of 1983.

Parcel 543 Page 1 of 2

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EXHIBIT A TRACT 2Field Notes describing a 7,700 Square Foot (0.1768 Acre) Tract of Land

In City Block 2247, to be Acquired fromAngelos Kolobotos

Being 7,700 Square Feet (0.1768 Acres) of land situated in the John M. CrockettSurvey, Abstract No. 353, Dallas County, Texas, and lying in Block 2247 (officialCity of Dallas Block Numbers), being all of Lot 45 and the Northwest 5.00 feet ofLot 44 of the Ervay Place addition, an addition to the C1y of Dallas, recorded inVolume 1, Page 443 of the Map Records of Dallas County, and being all of theproperty conveyed to Angelos Kolobotos by Warranty Deed dated December 10,2007 and recorded in Instrument 20070449018 of the Official Public Records ofDallas County, Texas and being more particularly described as follows:

BEGINNING at a 5/8” dia. Iron Rod with cap marked “CITY OF DALLAS”(hereinafter referred to as a “5/8” I.R. w/COD cap”) set on the Southwest line ofColonial Avenue (a 60’ Right-of-Way) at the most Easterly corner of the hereindescribed tract of land, from which the most Easterly corner of Block 2247 bearsSouth 38°54’58” East a distance of 50.00’:

THENCE South 50°35’02” West, departing the last said Southwest line ofColonial Avenue, at 5.00 feet Southeasterly from and parallel with the commonline between Lots 44 and 45, a distance of 140.00 feet to an “X” cut in concreteat the most Southerly corner of the herein described tract of land, at theintersection with the Northeast line of a 15-foot alley:

THENCE North 38°54’58” West with the Northeast line of said Alley, pass at 5.00feet the common Southwest corner of Lots 45 and 46, a distance of 55.00 feet toa 5/8: I.R. w/COD cap set at the most Westerly corner of the herein describedtract of land:

THENCE North 50°35’02” East, departing the last said Northeast line of saidAlley and with the common line between said Lots 45 and 46 a distance of140.00 feet to a 5/8” l.R. w/COD cap set on the Southwest line of the abovereferenced Colonial Avenue, at the common Northeast corner of said Lots 45 and46 and the most Northerly corner of the herein described tract of land:

THENCE South 38°54’58” East with the said Southwest line of Colonial Avenue adistance of 55.00 feet to the POINT OF BEGINNING, containing 7,700 SquareFeet, or 0.1768 Acres of land.

BASIS OF BEARINGS: Bearings are based on the Southwest line of ColonialAvenue, at South 38°54’58” East, monumented as noted and derived from GlobalPositioning System observations using the North Texas Cooperative Real TimeKinematic Survey; Virtual Reference Station System, tjtJj American Datum of1983.

J’.9qParcel 538 Page 1 of 2

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DI1N RIVER CORRIDORToliway Project

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EXHIBIT A TRACT 3Field Notes Describing Land To Be Acquired in Block 2247

From W. J. Jones

Being situated in the John M. Crockett Survey, Abstract No. 353, Dallas County,Texas, and being all of Lot 46, Block 2247 (Official City of Dallas Block Numbers)of the Ervay Place Addition, an addition to the City of Dallas, recorded in Volume1, Page 443 of the Map Records of Dallas County, and being all of the propertyconveyed to W. J. Jones, by Deed dated July 22, 1959 and recorded in Volume5156, Volume 47 of the Deed Records of Dallas County, Texas and containing7,000 square feet (0.1607 Acres) of land, according to the plat thereof.

This description is approved as to form.

Li-ry T B llingsley, RILS (I Date:Chief i Surveyor V

Page 1 of 2 Parcel 535: Lot 46, Block 2247

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From Alan & Latese Coleman

Being situated in the John M. Crockett Survey, Abstract No. 353, Dallas County,Texas, and being all of Lot 47, Block 2247 (Official City of Dallas Block Numbers)of the Ervay Place Addition, an addition to the City of Dallas, recorded in Volume1, Page 443 of the Map Records of Dallas County, and being all of the propertyconveyed to Alan Coleman and Latese Coleman, by Deed dated March 20, 2008and recorded in Instrument Number 20080101359 of the Deed Records of DallasCounty, Texas and containing 7,000 square feet (0.1607 Acres) of land,according to the plat thereof.


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EXHIBIT A TRACT 5

Field Notes Describing Land To Be Acquired in Block 2247From Jerrod Bourquin

Being situated in the John M. Crockett Survey, Abstract No. 353, Dallas County,Texas, and being all of Lot 49, Block 2247 (Official City of Dallas Block Numbers)of the Ervay Place Addition, an addition to the City of Dallas, recorded in Volume1, Page 443 of the Map Records of Dallas County, and being all of the propertyconveyed to Jerrod Bourquin, by Deed dated October 22, 2007 and recorded inInstrument Number 20070388655 of the Deed Records of Dallas County, Texasand containing 7,000 square feet (0.1607 Acres) of land, according to the platthereof.


_______________

I-&‘ -Scott Holt, RPLS Date:Assistant Chief City SurveyorFor: Larry T. Billings!ey, RPLSChief City Surveyor


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From Detroit Michigan Packer

Being situated in the John M. Crockett Survey, Abstract No. 353, Dallas County,Texas, and being all of Lot 71, Block 2249 (Official City of Dallas Block Numbers)of the Ervay Place Addition, an addition to the City of Dallas, recorded in Volume1, Page 443 of the Map Records of Dallas County, and being all of the propertyconveyed to Detroit Michigan Packer by Affidavit of Heirship dated December 12,1986 and recorded in Volume 87007, Page 5113 of the Deed Records of DallasCounty, Texas and containing 7,000 square feet (0.1607 Acres) of land,according to the plat thereof.


-,,,-: rry T. Billingsley, RPLS Date:Chief City Surveyor


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From The Avan Easter Sr. and Melba Easter Revocable Living Trust

Being situated in the John M. Crockett Survey, Abstract No. 353, Dallas County,Texas, and being all of Lot 70, Block 2249 (Official City of Dallas Block Numbers)of the Ervay Place Addition, an addition to the City of Dallas, recorded in Volume1, Page 443 of the Map Records of Dallas County, and being all of the propertyconveyed to the Avan Easter Sr. and Melba Easter Revocable Living Trust, byQuitclaim Deed dated December 29, 2000 and recorded in Volume 2001020,Page 3999 of the Deed Records of Dallas County, Texas and containing 7,000square feet (0.1607 Acres) of land, according to the plat thereof.


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From M.H. NOW, LLC

Being situated in the John M. Crockett Survey, Abstract No. 353, Dallas County,Texas, and being all of Lot 68, Block 2249 (Official City of Dallas Block Numbers)of the Ervay Place Addition, an addition to the City of Dallas, recorded in Volume1, Page 443 of the Map Records of Dallas County, and being all of the propertyconveyed to the M.H. NOW, LLC, by Deed dated January 25, 2007 and recordedin Instrument Number 20070051376 of the Deed Records of Dallas County,Texas and containing 7,000 square feet (0.1607 Acres) of land, according to theplat thereof.


Larry TfiIlings1ey, F(LS Date:Chief Cif,’ Surveyor


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Being situated in the John M. Crockett Survey, Abstract No. 353, Dallas County,Texas, and being all of Lot 67, Block 2249 (Official City of Dallas Block Numbers)of the Ervay Place Addition, an addition to the City of Dallas, recorded in Volume1, Page 443 of the Map Records of Dallas County, and being all of the propertyconveyed to the DeSoto Real Estate Resource, by Deed dated April 2, 2008 andrecorded in Instrument Number 20080115844 of the Deed Records of DallasCounty, Texas and containing 7,000 square feet (0.1607 Acres) of land,according to the plat thereof.


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COUNCIL DISTRICT(S): 7


CMO: Jill A. Jordan, P.E., 670-5299

MAPSCO: 56G

SUBJECT

Authorize acquisition, including the exercise of the right of eminent domain, if suchbecomes necessary, of two tracts of land containing a total of approximately27,449 square feet improved with commercial buildings located at the intersectionof Lamar Street and Starks Avenue for the Trinity Parkway; potential relocationassistance may be warranted — Not to exceed $465,000 ($445,000, plus closingcosts not to exceed $20,000) - Financing: 1998 Bond Funds

BACKGROUND

This item authorizes the acquisition of two tracts of land containing a total ofapproximately 27,449 square feet of land. Each tract is improved with acommercial building. Relocation assistance may be required at a future date.These properties are located at the intersection of Lamar Street and StarksAvenue and are necessary for the reconstruction of a direct connector routebetween US 175/SM Wright to 1-45 to ultimately eliminate “dead-man’s curve”.This connector is part of the Trinity Parkway, without it the downgrade of SMWright cannot proceed. The offer amounts are based upon independentappraisals.

PRIOR ACTION/REVIEW (COUNCIL. BOARDS, COMMISSIONS)

This item has no prior action.

FISCAL INFORMATION

1998 Bond Funds - $465,000 ($445,000, plus closing costs not to exceed$20,000)

OWNERS

Brian Famkar and Seyed Moosavi

Fermin Lopez and Gloria Lopez

MAPS

Attached


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Property to be acquired

COUNCIL CHAMBER

September 23, 2009

A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REALPROPERTY AND AUTHORIZING ITS APPROPRIATION AND/OR CONDEMNATIONFOR A MUNICIPAL PURPOSE AND PUBLIC USE.

DEFINITIONS: For the purposes of this resolution, the following definitions of termsshall apply:

CITY: The City of Dallas.

PROPERTY: The tracts or parcels of land described in uExhibit A”, attached hereto andmade a part hereof for all purposes.

PROJECT: Trinity Parkway

PROPERTY INTEREST: Fee Simple Interest

OFFER AMOUNT, OWNER and CLOSING COSTS are described below:TRACT OFFER CLOSING COSTS ENCUMBRANCEN OWNER AMOUNT NOTTO EXCEED N

1 Brian Famkar, Seyed $225,000.00 $10,000.00 PBW98N965KNMoosavi

2 Fermin Lopez, $220,000.00 $10,000.00 PBW98N965KMGloria Lopez

provided, however, that the term “OWNER” as used in this resolution means all personshaving an ownership interest, regardless of whether those persons are actually namedherein.

AUTHORIZED AMOUNT: $465,000.00


SECTION 1. That the PROJECT is a municipal and public purpose and a public use.

SECTION 2. That public necessity requires that the CITY acquire the PROPERTYINTEREST in the PROPERTY for the PROJECT.

SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST in thePROPERTY, the Assistant Director of the Development Services Department, RealEstate Division, or such person as she may designate, is hereby authorized anddirected to offer the OFFER AMOUNT as payment for the PROPERTY INTEREST inthe PROPERTY.

COUNCIL CHAMBER

Sertember 23, 2009

SECTION 4. That in the event the OWNER accepts the OFFER AMOUNT, the CityController is authorized and directed to draw a warrant in favor of the OWNER, or thetitle company closing the transaction described herein, in the OFFER AMOUNT payableout of Trinity River Corridor Project , Fund No. 6P14, Department PBW, Unit N965,Activity TRPP, Object 4210, Program PB98N965, Vendor No. 342843. The OFFERAMOUNT and the CLOSING COSTS together shall not exceed the AUTHORIZEDAMOUNT.

1 Brian Famkar, Seyed $225,000.00 PBW98N965KNMoosavi

2 Fermin Lopez, $220,000.00 PBW98N965KMGloria Lopez

SECTION 5. That the CITY is to have possession of the PROPERTY at closing; andthe CITY will pay any title expenses and closing costs. In the event of condemnationthe CITY will pay court costs as may be assessed by the Special Commissioners or thecourt. Further, that litigation expenses determined by the City Attorney to be necessaryare authorized for payment. All costs and expenses described in this section shall bepaid from the previously described funds.

SECTION 6. That if the OWNER refuses to accept the OFFER AMOUNT the CITY willappropriate the PROPERTY INTEREST in the PROPERTY for the PROJECT under thelaws of eminent domain and the provisions of the Charter of the City of Dallas. In suchcase, the City Attorney is authorized and requested to file the necessary suit(s) andtake the necessary action for the prompt acquisition of the PROPERTY INTEREST inthe PROPERTY by condemnation or in any manner provided by law.

SECTION 7. That in the event it is subsequently determined that additional personsother than those named herein have an interest in the PROPERTY, the City Attorney isauthorized and directed to join said parties as defendants in said condemnation suit(s).

SECTION 8. That in the event the Special Commissioners in Condemnation appointedby the Court return an award that is the same amount or less than the OFFERAMOUNT, the City Attorney is hereby authorized to settle the lawsuit for that amountand the City Controller is hereby authorized to issue a check drawn on the previouslydescribed funds in an amount not to exceed the Commissioners’ award made payableto the County Clerk of Dallas County, to be deposited into the registry of the Court, toenable the CITY to take possession of the PROPERTY without further action of theDallas City Council.

SECTION 9. That this resolution shall take effect immediately from and after itspassage in accordance with the provisions of the Charter of the City of Dallas, and it isaccordingly so resolved.

APPROVED AS TO FORM:THOMAS P. P’

COUNCIL CHAMBER

September 23, 2009

City Attorney

Exhibit A — Tract I

Field Notes Describing Land To Be Acquired In Block 2247 FromFermin Lopez and Gloria Lopez

Being 9,000 SqLlare Feet (0.2066 Acres) of land situated in the John M. CrockettSurvey, Abstract No. 353, DaUas County, Texas, and lying in Block 2247 (officialCity of Dallas Block Numbers), being the remainder of Lots 8 and 9 of the ErvayPlace addition, an addition to the City of Dallas, recorded in Volume 1, Page 443of the Map Records of Dallas County, and being all of the property conveyed toFermin Lopez and Gloria Lopez by deed dated July 17, 2007 and recorded inInstrument 20070259308 of the Official Public Records of Dallas County, Texasand being more particularly described as follows:

BEGINNING at a PK Nail set on the common line between Lots 9 and 10 of saidBlock 2247, at the most Easterly corner of a tract of land conveyed to the TexasHighway Department by Deed recorded in Volume 2189, Page 221 of the DeedRecords of Dallas County, and being the most Southerly corner of the hereindescribed tract of land:

THENCE North 3805458w West along, the Northeast line of said Texas HighwayDepartment tract, being also the Northeast line of Lamar Street, pass at 50 feetthe common line between said Lots 8 and 9, same being also the most Easterlycorner of a tract of land conveyed to the Texas Highway Department by Deedrecorded in Volume 2188, Page 405 of the Deed Records of Dallas County, andcontinuing for a total distance of 81.00 feet to an “X” cut in concrete at the Pointof Curvature of a Curve to the left:

THENCE Northwesterly along said Curve, having a Radius of 2,914.93 feet, aCentral Angle of 0°22’24”, an Arc Length of 19.00 feet and a Chord which bearsNorth 39°06’lO” West a distance of 19.00 feet to the most Northerly corner ofsaid Texas Highway Department tract, and being also the most Westerly cornerof the herein described tract of land (unable to monument) lying on the commonline between Lots 7 and 8:

THENCE North 50°35’02” East, departing the said Northeast line of Lamar Streetand with the common line between said Lots 7 and 8 a distance of 90.06 feet to a5/8” Dial. Iron Rod with cap marked “CITY OF DALLAS” (hereinafter referred toas “518” I.R. w/COD cap”) set at the common Northeast corner of said Lots 7 and8, on the Southwest line of a 15-foot wide alley:

THENCE South 38°54’58” East along the Southwest line of said alley, pass at50.00 feet a 5/8” I.R. w/COD cap set at the common Northeast corner of saidLots 8 and 9, and continuing for a total distance of 100.00 feet to a 5/8” I.R.w/COD cap set at the common Northeast corner of said Lots 9 and 10:

Parcel No’s 532 & 536 Page 1 of 3

Field Notes Describing Land To Be Acquired in Block 2247 FromBrian Fermin Lopez and Gloria Lopez

ThENCE South 50°35’02” West with the common line between said Lots 9 and10 a distance of 90.00 feet to the POINT OF BEGINNING, contaIning 9,000Square Feet, or 0.2066 Acres of land.

BASIS OF BEARINGS: Bearings are based on the Northeast line of LamarStreet, at North 38°54’5& West, monumented as noted and derived from GlobalPositioning System observations using the North Texas Cooperative Real TimeKinematic Survey, Virtual Reference Station System, North American Datum of1983.

Parcel No’s 532 & 536 Page 2 of 3

LEGEND:5’8 lit wCOD Cap Set

P.K. Nail Set

‘X” Cut in Concrete

Property to be Acquired

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Exhibit A — Tract II

Field Notes Describing Land To Be Acquired In Block 2247 FromBrian Famkar and Seyed Moosavi

Being 18,449 Square Feet (04235 Acres) of land situated in the John M.Crockett Survey, Abstract No. 353, Dallas County, Texas, and lying In Block2247 (official City of Dallas Block Numbers), being the remainder of Lots 10, 11,12 and 13 of the Ervay Place addition, an addition to the City of Dallas, recordedIn Volume 1, Page 443 of the Map Records of Dallas County, and being all of theproperty conveyed to Brian Famkar and Seyed Moosavi by deed dated June 19,2008 and recorded in Instrument 20080245151 of the Official Public Records ofDallas County, Texas and being more particularly described as follows:

BEGINNING at a 5/8” dia. Iron Rod with cap marked “CITY OF DALLAS”(hereinafter referred to as u5/BJII.R. w/COD cap”) set at the most Easterly Cornerof said Lot 13, at the intersection of the Northwest line of Stark Street (a 1 05-footRight-of-Way) with the Southwest line of a 15-foot wide Alley:

ThENCE South 50°35’02” West, departing the Southwest line of said alley, andwith the said Northwest line of Stark Street a distance of 90.00 feet to a PK Nailset at the intersection with the Northeast line of a tract of land conveyed to theTexas Highway Department by deed March 13, 1940 and recorded in Volume2207, Page 371 of the Deed Records of Dallas County, same being now theNortheast line of Lamar Street (a variable width Right-of-Way):

ThENCE North 38°54’58” West, departing the last said Northwest line of StarkStreet and with the said Northeast line of Lamar Street, a distance of 205.00 feetto a PI( nail set at the most Westerly corner of said lot 10, being also a commonSouthwest corner with Lot 9:

ThENCE North 50°35’02” East along the common line of said Lots 9 and 10, adistance of 90.00 feet to a 5/8”l.R. w/COD cap set at the common Northeastcorner of said Lots 9 and 10, in the Southwest line of said 15-foot wide Alley, andbeing also the most Northerly corner of the herein described tract of land:

THENCE South 38°54’58” East with the Southeast line of said Alley a distance of205.00 feet to the POINT OF BEGiNNING, containing 18,449 Square Feet, or0.4235 Acres of land.

BASIS OF BEARINGS: Bearings are based on the Northwest line of StarkStreet, at South 5O035b02 West, monumented as noted and derived from GlobalPositioning System observations using the North Texas Cooperative Real TimeKinematic Survey, Virtual Reference Station System, North encan Datum of1983.

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COUNCIL DISTRICT(S): 1, 2, 3, 4, 5, 6, 7


CMO: Jill A. Jordan, RE., 670-5299

MAPSCO: 43 44 45 55 56 57

SUBJECT

Authorize (1) acceptance of a donation from the Trinity Trust Foundation through theDallas Foundation in an amount not to exceed $2,000,000 for the creation andoperation of the Dallas Urban Design Studio; (2) establishment of appropriations in anamount not to exceed $2,000,000; and (3) execution of an agreement with the TrinityTrust Foundation for the creation and funding of the Dallas Urban Design Studio - Notto exceed $2,000,000 - Financing: Private Funds

BACKGROUND

The Trinity Trust Foundation has received a private donation to establish the DallasUrban Design Studio in partnership with the City of Dallas, with an initial focus onneighborhoods and development areas within the Trinity River Corridor. The purposeof the Dallas Urban Design Studio is to elevate the design consciousness and culture ofDallas, while working to balance social, economic, environmental, and designsustainability towards enhancing livability for all Dallas residents. Its primary functionsinclude:

Advising city staff, City Council, boards and commissions, the developmentcommunity and public interest groups on the importance of quality urban design andurbanism;

Facilitating an urban culture in Dallas within the City and throughout the community;and

Engaging in collaborative design of large private projects with private design anddevelopment forces, as well as review and influence significant public worksprojects.

This is a unique opportunity to help advance livable communities within Dallas andelevate an awareness and attention to design in both private and public projects. A keyto the success of the Studio is blending together elements from Dallas’ designcommunity and City Hall.

BACKGROUND (Continued)

With this in mind, the Studio will be guided and directed by experts in the field. AnUrban Design Special Advisor will provide experience and expertise in urban design toassist City staff in the ongoing work of the Studio. The Studio Director will be anarchitect by profession with the intent to better the City by engaging designprofessionals and the general public. Contracts for the services of each of theseprofessional services will be brought back to Council for consideration on a futureCouncil agenda.

The Studio will be organized as part of the City in partnership with the Trinity Trust. Anagreement will be executed between the City and the donor, subject to the termsoutlined in Attachment A.

PRIOR ACTION I REVIEW (COUNCIL, BOARDS, COMMISSIONS)

The Trinity River Corridor Project Committee is scheduled to be briefed on September22, 2009.

FISCAL INFORMATION

Private Funds - $2,000,000


Attachment ATerms for the creation of the Dallas Urban Design Studio

1. Mission: The Dallas Urban Design Studio will be created with an initialfocus on the Trinity River Corridor for the purpose of elevating the designconsciousness and culture of Dallas. The Studio will balance social,economic, environmental, and design sustainability to enhance livabilityfor all Dallas residents. The success and effectiveness of the Studio atachieving its mission will be tracked through goals and performancemeasures which will be developed by the City and the Trinity Trust.

2. Functions: The primary functions of the Studio include:• Advising city staff, City Council, boards and commissions, the

development community and public interest groups on theimportance of quality urban design and urbanism;

• Facilitating an urban culture in Dallas within the City and throughoutthe community; and

• Engaging in collaborative design of large private projects withprivate design and development forces, as well as review andinfluence significant public works projects.

3. Funding: The total amount of the grant shall not exceed $2,000,000 to beutilized over a five-year period. The City will not provide a cash match forthe initial year (FY 2009-2010) of the Studio’s operation. The city willprovide an increasing share of the Studio’s funding over years two (FY2010-2011) through five (FY 2013-2014), with the Studio being completelyfunded by the City in year six (FY 2014-2015). Funding for the Studio willbe reviewed annually, subject to annual appropriations.

4. Reporting: The Dallas Urban Design Studio will report to the CityManager.

5. Office: The City of Dallas will provide space and equipment at City Hallfor the operation of the Dallas Urban Design Studio.

6. Affiliation with other City Departments: The Dallas Urban DesignStudio will work cooperatively with other departments of the City toadvance the Studio’s mission and elevate an awareness and attention todesign in both public and private projects.

COUNCIL CHAMBER

September 23, 2009

WHEREAS, the Trinity Trust Foundation works closely with the City of Dallas to achieveexcellence in the Trinity River Corridor Project; and,

WHEREAS, the Trinity Trust Foundation raises private funds to implement theBalanced Vision Plan for the Trinity River Corridor Project; and,

WHEREAS, the Trinity Trust Foundation has received a private donation to establishthe Dallas Urban Design Studio in partnership with the City of Dallas with an initial focuson areas adjacent to the Trinity River Corridor Project; and,

WHEREAS, the purpose of the Dallas Urban Design Studio shall be to elevate thedesign consciousness and culture of Dallas, while working to balance social, economic,environmental, and design sustainability towards enhancing livability for all Dallasresidents; and

WHEREAS, the Dallas Urban Design Studio will be funded via a donor advised fund atthe Dallas Foundation; and,

Now, Therefore,


Section 1. That the City Manager is hereby authorized to (1) accept the donation fromTrinity Trust Foundation in an amount not to exceed $2,000,000 for the creation of theDallas Urban Design Studio; and (2) execute an agreement with the Trinity TrustFoundation for the creation and funding of the Dallas Urban Design Studio, afterapproval as to form by the City Attorney.

Section 2. That the City Manager is hereby authorized to establish appropriations in anamount not to exceed $2,000,000 in Fund DLO2, Dept. CMO, Unit 5801.

Section 3. That the City Controller is hereby authorized to deposit funds in Fund DLO2,Dept. CMO, Unit 5801, Revenue Source 8411 in an amount not to exceed $2,000,000.

Section 4. That this resolution shall take effect immediately from and after its passagein accordance with the Charter of the City of Dallas, and it is accordingly so resolved.

Distribution: Trinity River Corridor Project, David Whitley, 6CSCity AttorneyOffice of Financial Services

Documents

DEPARTMENT: Trinity River Corridor Project CMO: Jill … tracts are improved with single family residences which may require potential relocation assistance at a future date. Six tracts