Item 4D Memo
Item 4D
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 water and pedestrian access
easements from Joseph and Kimiela Mortazavi for the Pearson,
Union Church, and Dove Road water system improvements in
an amount not to exceed $52,354.
Action
Requested: Authorize the purchase of water-pedestrian access easements from
Joseph and Kimiela Mortazavi for the Pearson, Union Church, and
Dove Road water system improvements in an amount not to exceed
$52,354.
Background
Information: The purpose of this project is to install a new 12-inch water main
along S. Pearson Lane and Union Church Road, to complete
missing segments within the system and to upsize the remaining 6-
inch water line segment along E. Dove Road to a 12-inch main. This
project will improve system flow and redundancy in the project
areas. In addition, missing sidewalk segments will be completed to
provide pedestrian access to Chesapeake Park. This project is the
result of the Southlake 2012 Water Master Plan project 16 and as a
Tier 1 segment in the revised Sidewalk Priority Projects list of the
Mobility Plan.
The purchase of four water-pedestrian access easements will assist
in closing approximately 384 feet of 12-inch water and 395 feet of
6-foot sidewalk along M.J. Farm and Nursery (2499 Union Church
Road). The original appraisal of $52,340 offered was approved by
Mr. and Mrs. Mortazavi on December 21, 2021 as summarized
below. The temporary construction easements are valid for the
duration of the initial construction of the water and sidewalk facilities
and will terminate upon final acceptance of the improvements by the
City. As included in the appraisal, the approved amount also
specifies the value of the existing site improvements within the
proposed easements.
Item 4D
Page 2 of 2
Easement Amount
Four Water-Pedestrian Access Easements $ 44,489.00
Four Temporary Construction Easements $ 2,460.00
Site Improvements $ 5,405.00
Total Purchase $ 52,354.00
Financial
Considerations: Funding for purchase of the water-pedestrian access easements
and the temporary construction easements are 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, B6: Optimize Use Of
Technology, and F2: Invest to Provide & Maintain High Quality
Public Assets. The Critical Business Outcomes are, CBO2:
Enhance Mobility Though Aggressive Traffic Management
Initiatives And Capital Project Implementation, and CBO5: Improve
Quality Of Life Through Progressive Implementation Of Southlake’s
Comprehensive Plan Recommendations.
Citizen Input/
Board Review: None.
Legal Review: None.
Alternatives: The City Council may approve or deny the request.
Supporting
Documents: Attachment A: Mortazavi Offer Letter
Staff
Recommendation: Authorize the purchase of four water-pedestrian access easements
with Joseph and Kimiela Mortazavi for the Pearson, Union Church,
and Dove Road water system improvements in an amount not to
exceed $52,354.
Staff Contact: Rob Cohen, Director of Public Works
Kevin Ferrer, P.E., Deputy City Engineer
Jeff Ginn, P.E., Civil Engineer
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Mansfield, Texas 76063
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Right of Way Services
Temple, Texas 76502
Consultant to the City of Southlake, Texas
December 21, 2021
Joseph and Kimiela D. Mortazavi, husband and wife CERTIFIED MAIL RETURN RECEIPT
2651 Union Church Road 9402 7116 9900 0674 8730 47
Keller, TX 76248-9509
RE: INITIAL OFFER LETTER
Parcel No(s).: 3, 4, 5, and 6
Project: City of Southlake, Water Distribution System Improvements
S. Pearson Lane, Union Church Road, E. Dove Road
Situs Address: 2477, 2499 and 2515 Union. Church Road, Southlake, Tarrant County, TX 76092
Dear Mr. and Mrs. Mortazavi:
In acquiring property for infrastructure projects, the City of Southlake (City) follows a definite procedure for
appraising the real property needed and for handling personal negotiations with each owner. As has been or will
be explained by the City's representative, Shawn Jackson of Stateside Right of Way Services (Stateside), the City
would like to acquire a permanent water and pedestrian access easement on your property located at 2477, 2499
and 2515 Union Church Road, Southlake, Tarrant County, TX 76092 for the Water Distribution System
Improvements - S. Pearson Lane, Union Church Road, E. Dove Road Project.
We believe at this stage of the purchase process it is mutually beneficial to confirm that, based on an appraisal
prepared by O'Brien Realty Advisors, LLC, the City is offering you $52,354.00 (Fifty -Two Thousand Three
Hundred Fifty -Four and 00/100 Dollars) for your property. This amount is the total amount of just
compensation for all interests in the portion of your property to be acquired, as determined in accordance with
State law, subject to clear title being conveyed to the City. This offer does not include any damages
to the remainder of the property. In accordance with State law, it is the policy of the City to negotiate
with the fee owner(s) of the real property with the understanding that you will, in turn, negotiate with any lessee
or other party who may own any interest in the land or improvements, with the exception of public utility
easements, which will be handled separately by the City.
This offer is subject to the approval of the City Council and may be withdrawn or terminated by the City if not
approved by the City Council.
If you wish to accept this offer, please contact Shawn Jackson as soon as possible, at (817) 521-0125, so that the
process of issuing your payment may be started. If you are not willing to accept this offer, you may submit a
written request for administrative settlement/counteroffer, setting forth a counteroffer amount and the basis for
such amount, provided such settlement request is received in writing within thirty (30) days from the date of this
letter. Please note that your opportunity to subunit an administrative settlement shall be forfeited if such a
settlement request is not received by the City within the thirty (30) day deadline. Please also note that the City has
the right to withdraw or modify this offer at any time prior to your acceptance.
Upon acceptance of this offer and payment of the purchase price, you will be reimbursed for any fair and
reasonable incidental expenses necessarily incurred in transferring title to the property for use by the City.
Parcel No(s). 3, 4, 5 and 6 - City of Southlake -Water Distribution
System Improvements - S. Pearson lane, Union Church Road, E_ Dove Road Page 1 of 3
Expenses eligible for reimbursement may include (1) recording fees, transfer taxes and similar expenses incidental
to conveying the real property to the City and (2) penalty costs for prepayment of any preexisting recorded
mortgage entered into in good faith encumbering the real property. Voluntary unnecessary expenses or expenses
incurred in clearing questionable title will not be eligible for reimbursement. Eligible incidental expenses will be
reimbursed upon submission of a claim supported by receipted bills or other evidence of actual expenses incurred.
You may file a written request for review if you believe that the City failed to properly determine the eligibility
for, or the amount of, incidental expenses to be reimbursed. There is no standard form on which to request a
review of a claim; however, the claim must be filed with this office within six months after you are notified of the
City's determination on any claim for reimbursement.
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, Government Code (the Public Records Act) as it may apply to the City.
We respectfully request the opportunity to meet with you to answer any questions you may have regarding the
details of the type of facility to be built, the City's offer, or the proposed purchase transaction. Also, please do not
hesitate to contact me at the telephone number provided above regarding any questions you may have.
Enclosed you will find a copy of the State of Texas Landowner's Bill of Rights, Appraisal Report(s), Information
About Brokerage Services, "a Memorandum of Agreement, Acknowledgement of Receipt and a W-9 form. We
ask that you sign and return the Acknowledgement of Receipt as soon as possible. A self-addressed,
stamped envelope has been included for your convenience. If you would life to accept the City's offer,
please also sign the enclosed Permanent Water and Pedestrian Access Easement and W-9 form and return
along with the Acknowledgement of Receipt in the envelope provided.
Please note we have enclosed copies of all appraisal reports relating to your property being acquired which were
prepared in the ten. (10) years preceding the date of this offer and produced or acquired by the City, including the
appraisal on which this offer is based.
Sincerely,
Shawn Jackson
Project Manager
Stateside Right of Way Services
Agreement between landowner and City
Note: Driveway replacements will be limited to the approaches onto Union Church Road to the north
extents of proposed water and pedestrian access easement. Contractor will be required to restore all
disturbed areas to existing conditions or better.
Proposed Nursery Site Modifications (2477, 2499, and 2515 Union Church Road):
o InstaIl 12" water line and 6' sidewalk within the City's proposed water and pedestrian access easement.
o Fence will be relocated so as not to impede access to City water line or pedestrian access.
o Remove the unused driveway & culvert.
o Remove and replace the existing driveway & culverts at the nursery entrance/exit. Extend the entrance
driveway apron for better site ingress.
Parcel No(s). 3, 4, 5 and 6 - City of Southlake - Water Distribution
System Improvements - S. Pearson Lane, Union Church Road, E. Dove Road Page 2 of 3
o Remove and replace the existing driveway/culvert at the house site. Preference is to keep as an unpaved
driveway.
o Nursery driveways will be regraded to provide a crown to minimize the amount of runoff from Union
Church on to the nursery site.
o Bar ditches and culverts will be regraded to drain to the culvert crossing at the east end of the nursery site.
o Southlake streets and drainage crew will survey the existing wye inlet at the east end of the nursery site to
determine if the wye inlet can be lowered and/or an additional culvert connection from the bar ditch can be
added to improve drainage.
o With your permission, our crews will also survey the east side of the nursery property to determine if an
area drain or drainage ditch could connect to improve drainage. 'These drainage improvements are private
and cannot be provided by the City.
o The contractor will use trenchless methods to install the water line, the tie-ins at the east west end of this
segment, in addition to the water services tie-ins and fire hydrant, will need to be open cut.
o Landowner and contractor will coordinate on driveway closures for driveway improvments.
Proposed 2651 Union Church Modifications:
o Install 12" water line and 6' sidewalk within the City's existing right-of-way.
o The existing fence and gate will be relocated to the property line.
o The Contractor is required to minimize the impact of the existing trees within the existing right-of-way. It
is anticipated the water and sidewalk improvements will only require pruning of the existing trees.
o When pavement replacement of Union Church is scheduled (not under the water and sidewalk
improvements construction contract), subgrade modifications, including a culvert crossing will be provided
to alleviate prolonged standing groundwater issues that are adversely impacting the paving.
o Southlake streets and drainage crew will survey the existing bar ditch to determine the low spot for the
culvert crossing. It is assumed this will be --10 to 20ft west of the driveway.
Acceptance of Agreement
Joseph Mortazavi Date
P
l 1
t rf n
Kimiela D. Mortazavi j Date
City of Southlake Authorized Representaive Date
Parcel No(s). 3, 4, 5 and 6 - City of Southlake - Water Distribution
System Improvements - S. Pearson Lane, Union Church Road, E. Dove Road Page 3 of 3