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: