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Item 4C Memo Item 4C Page 1 of 2 M E M O R A N D U M (January 18, 2022) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Authorize the purchase of a right-of-way and a temporary construction easement from Stephanie B. Lomme for the Davis Boulevard (FM 1938) and W. Continental Boulevard intersection improvements in an amount not to exceed $143,363. Action Requested: Authorize the purchase of a right-of-way and a temporary construction easement from Stephanie B. Lomme for the Davis Boulevard (FM 1938) and W. Continental Boulevard intersection improvements in an amount not to exceed $143,363. Background Information: The purpose of this project is to improve traffic management at the intersection of FM 1938 and W. Continental Boulevard to handle increased traffic volumes. This project is the result of the study recommended in the Southlake 2030 Mobility Master Plan project number MT25. The improvements will include traffic signalization, modified eastbound and westbound approaches, crosswalks and sidewalks, and an improved culvert crossing through increased drainage capacity of Critical Drainage Structure No. 18 on Union Church Road west of the intersection. The purchase of the right-of-way and temporary construction easement are essential to the design and construction of the project. As included in the appraisal, the approved amount also specifies the value of the existing site improvements within the proposed easements. The total compensation for the 0.1546 acres of Right-of-Way needed and the 0.0255 acres of temporary construction needed is $143,362.56. The property was appraised at $136,500, therefore the negotiated cost is above appraisal by 5.03% yet within Staff’s authorization. Item 4C Page 2 of 2 Easement Amount Right-of-Way $ 90,091.85 Temporary Construction Easement $ 890.00 Site Improvements $ 52,380.71 Total Purchase $ 143,362.56 Financial Considerations: Funding for purchase of the right-of-way and the temporary construction easement is available via the approved Capital Improvement Program. Expenditures will not exceed approved budgeted funds. Strategic Link: This item links to the City’s Strategy Map strategic focus areas of Mobility, Infrastructure, and Quality Development. It specifically relates to the City’s Corporate Objectives, C2: Provide Travel Convenience Within City & Region, and F2: Invest to Provide & Maintain High Quality Public Assets. The Critical Business Outcome is, CBO2: Enhance Mobility Though Aggressive Traffic Management Initiatives And Capital Project Implementation. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: The City Council may approve or deny the request. Supporting Documents: Attachment A: Stephanie B. Lomme Offer Letter Staff Recommendation: Authorize the purchase of the right-of-way and the temporary construction easement with Stephanie B. Lomme for the Davis Boulevard (FM 1938) and W. Continental Boulevard intersection improvements in an amount not to exceed $143,363. Staff Contact: Rob Cohen, Director of Public Works Kevin Ferrer, P.E., Deputy City Engineer Kevin Taylor, P.E., Civil Engineer SOUTHLAKE i rN ARRAY October 19, 2021 Stephanie B. Lomme 2300 W. Continental Blvd. Keller, TX 76092 RE: Davis Boulevard (FM 1938) and Continental Boulevard/Union Church Intersection Improvements Parcel 7 Dear Ms. Lomme: The City of Southlake seeks to acquire the necessary property rights to facilitate the improvements to the intersection of Continental Boulevard and Davis Boulevard. The need has been established for 0.1546 acres of Right -of -Way and 0.0255 acres of temporary construction easement along your property located at 2300 W. Continental Boulevard, Southlake, Texas, also known as a portion of the tract of land located in the J.G.Allen No. 18 Addition, to the City of Southlake, Tarrant County, Texas, according to the plat recorded in instrument no. D199143620, Plat Records of Tarrant County, Texas. In exchange for the execution and delivery of the necessary documents, and subject to final approval by the Southlake City Council, the City agrees to pay $143,362.56 as total compensation for the 0.1546 acres of Right -of -Way needed and the 0,0255 acres of temporary construction easement needed. Any areas damaged by construction activities will be returned to like or better condition of the property prior to construction. If this offer is acceptable, please sign where provided below indicating your acceptance and return to me along with an executed easement document bearing your notarized signature and a W-9 form from you. If you need a notary, please contact me to set an appointment. You have the right to discuss with others any offer or agreement regarding the City's acquisition of the subject property, or you may (but are not required to) keep the offer or agreement confidential from others, subject to the provisions of Chapter 552 of the Texas Government Code, Texas Open Records Act, as it may apply to the City. 2411 Garden Park Ct. Suite E Arlington, Texas 76013 Tel 817 265-5252 off emaihterrynarraytech.net Tel 817 793-4265 cell The Texas Legislature enacted House Bill 1495, known as the "Landowner's Bill of Rights Act", requires that entities with eminent domain authority provide to landowners a written statement of their rights and options as provided by law. Since an interest in your property is required by the City of Southlake to facilitate the construction of public improvements, a copy of your rights as prepared by the Texas Office of the Attorney General is enclosed with this letter. Web site: (www.oag.state.tx.us) or (https://www.oag.state.tx.us/agency/landownersbillofrights.pdf). If you have any other questions, please call me at 817-793-4265. I thank you in advance for cooperation regarding this community improvement effort. Sincerely, Terry Khammash, SR/WA Array Technologies, Inc. Director of Real Property Accepted by: ���/ Stephanie Brooke Lomme Enclosures: Appraisal Exhibit A -including metes and bounds and sketch- Right of Way dedication Exhibit A -including metes and bounds and sketch-TCE Title commitment Temporary Construction Easement Deed Landowner's Bill of Rights TREC form-IABS W-9 form Approved By: _____________________________________ Date: _________________ Rob Cohen Director of Public Works _____________________________________ Date: _________________ John Huffman Mayor