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Item 4E - MemoCITY OF SOUTH LAKE Item 4E MEMORANDUM (May 17, 2022) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Authorize the purchase of right-of-way and a temporary construction easement from JJJB Enterprises, Inc. for the Davis Boulevard (FM 1938) and W. Continental Boulevard intersection improvements in an amount not to exceed $457,540. Action Requested: Background Information: Authorize the purchase of right-of-way and a temporary construction easement from JJJB Enterprises, Inc. for the Davis Boulevard (FM 1938) and W. Continental Boulevard intersection improvements in an amount not to exceed $457,540. 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. The property was appraised at $437,040, and the approved counter-offer amount was negotiated above appraisal by 4.69%, which is within staff's authorization. The approved amount is for the 0.617 acres of right-of-way needed, the 0.028 acres of temporary construction easement needed, and improvements to the right-of-way such as fencing, signage, landscaping, and trees. Appraisal Specifics Amount Right -of -Way $ 370,000.00 Construction Easement $ 2,800.00 -Temporary Site Improvements $ 84,740.00 Total Purchase $ 457,540.00 Page 1 of 2 Item 4E 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: JJJB Enterprises, Inc. Offer Letter Staff Recommendation: Authorize the purchase of right-of-way and a temporary construction easement from JJJB Enterprises, Inc. for the Davis Boulevard (FM 1938) and W. Continental Boulevard intersection improvements in an amount not to exceed $457,540. Staff Contact: Rob Cohen, Director of Public Works Kevin Ferrer, P.E., Deputy City Engineer Kevin Taylor, P.E., Civil Engineer Page 2 of 2 Attachment A SOUTHLAKE April 12, 2022 J.J.B. Enterprises, Inc., a Texas corporation c/o Betsy Shatley 8900 Davis Blvd. Keller, TX 76248 FAAWW ARRAY TF114N0I C1GVES INC RE: Davis Boulevard (FM 1938) and Continental Boulevard/Union Church Intersection Improvements Parcel 9 and 10 Dear Ms. Shatley: 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 0.617 acres of permanent right of way, and 0.028 acres of temporary construction easement along your property located at 8900 & 1639 Davis Boulevard, Southlake, Texas, also known as a portion of the tract of land located in the Samuel H. Thompson Survey, Abstract no.15044 and the Lewis A. clay survey, Abstract no. 346, City of Southlake, Tarrant County, Texas, according to the deed recorded in vol. 11640, Pg.747 of the Deed 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 has accepted your counteroffer of $457,540.00 as total compensation for the 0.617 acres of permanent right of way needed for the project and 0.028 acres of temporary construction easement needed. As an additional condition of the counteroffer acceptance, you agree to ensure all plantings referenced in the counteroffer be completed no later than 30-days after notification by the City of completion of the project. If this offer is acceptable, please sign where provided below indicating your acceptance and return it 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 email:terry@arraytech.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 (hftps://www.oag.state.tx. us/agency/la ndownersbil lofrig hts. pdf). If you have any other questions, please call me at 817-793-4265. 1 thank you in advance for cooperation regarding this community improvement effort. Sincerely, Theresa Khammash, SR/WA Array Technologies, Inc. Director of Real Property Accepted Accepted Accepted By: ILZ �Cls Shatley Approved By: Rob Cohen, Director of Public Works John Huffman, Mayor Date: Date: Zz— Date: Date: