Item 4H MemoCITY OF
SOUTH LAKE
Item 4H
MEMORANDUM
(February 1, 2022)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Authorize the purchase of a right-of-way with Guan and May
Tan for the Pearson, Union Church, and Dove Road water
system improvements in an amount not to exceed $52,292.
Action
Requested: Authorize the purchase of a right-of-way with Guan and May Tan for
the Pearson, Union Church, and Dove Road water system
improvements in an amount not to exceed $52,292.
Background
Information:
Financial
Considerations:
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 main 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 installed in the
project areas. 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 a 4,747 square foot right-of-way will assist in
upsizing approximately 189 feet of 6-inch water to a 12-inch water
main and 6-foot sidewalk along 875 E. Dove Road. The initial
appraised value of $52,292 was offered and subsequently approved
by Mr. and Mrs. Tan on December 17, 2021 as summarized below.
As included in the appraisal, the approved amount also specifies the
cost of existing site improvements within the proposed easement.
Appraisal Specifics
Amount
Right -of -Way Easement
$ 45,916.00
Site Improvements
$ 6,376.00
Total Purchase
$ 52,292.00
Funding for purchase of the right-of-way and site improvements is
available via the approved Capital Improvement Program.
Expenditures will not exceed approved budgeted funds.
Page 1 of 2
Item 4H
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, CB02:
Enhance Mobility Though Aggressive Traffic Management
Initiatives And Capital Project Implementation, and C1305: 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: Tan Offer Letter
Staff
Recommendation: Authorize the purchase of a right-of-way with Guan and May Tan for
the Pearson, Union Church, and Dove Road water system
improvements in an amount not to exceed $52,292.
Staff Contact: Rob Cohen, Director of Public Works
Kevin Ferrer, P.E., Deputy City Engineer
Jeff Ginn, P.E., Civil Engineer
Page 2 of 2
Attachment A
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3010 LBJ Freeway, Suite 1490
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12830 Willow Centre Dr., Suite A
Dallas, Texas 75234
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Houston, TX 77066
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99 Regency Parkway, Suite 105
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6276 West Adams Ave.
Mansfield, Texas 76063
Right of Way Services
Temple, Texas 76502
Consultant to the City of Southlake, Texas
September 24, 2021
Guan Chuan Tan and May Tan, husband and wife CERTIFIED MAIL RETURN RECEIPT
1206 Golden Gate Drive
Southlake, TX 76092
RE: INITIAL OFFER LETTER
Parcel No.: 8
Project: City of Southlake, Water Distribution System Improvements
S. Pearson Lane, Union Church Road, E. Dove Road
Situs Address: 875 E. Dove Road, Southlake, Tarrant County, TX 76092
Dear Mr. and Mrs. Tan:
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 utility easement on your property located at 875 E. Dove 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 $52,292.00 (Fifty -Two Thousand Two
Hundred Ninety -Two and NO/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 submit 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
Parcel No. 8 - City of Southlake — Water Distribution System
Improvements - S. Pearson Lane, Union Church Road, E. Dove Road Page 1 of 2
reasonable incidental expenses necessarily incurred in transferring title to the property for use by the City.
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 like to accept the City's offer,
please also sign the enclosed Right -of -Way Dedication Instrument 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,
C`v
Shawn Jackson
Project Manager
Stateside Right of Way Services
Imo►[eiL01ffN abi
• Acknowledgment of Receipt
• Right -Of -Way Dedication Instrument
• State of Texas Landowner's Bill of Rights
• Appraisal Report Completed by Jason D. Pace, Mike C. O'Brien and Gina Cannova Phalen O'Brien Realty
Advisors, effective July 20, 2021
• Title Commitment effective July 25, 2021 and Title Curative Letter
• W-9
• Self -Addressed Stamped Envelope
Parcel No. 8 - City of Southlake — Water Distribution System
Improvements - S. Pearson Lane, Union Church Road, E. Dove Road Page 2 of 2