HomeMy WebLinkAboutResolution - 518 - URA Land Acquisition - RC Strong - Public Park Development, Lake 6 YCL Project - 06/12/1980(� WMM: pc t
RESOLUTION RESOLUTION 4518 - 6/-12 /80
A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR
's
THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT;
AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED.
WHEREAS, it has been determined by the City Council that a certain parcel
{ of land located in the vicinity of Lake 6 in the Yellowhouse Canyon Lakes
Project within the City of Lubbock, Lubbock County, Texas, should be acquired
and developed for public park purposes; and,
WHEREAS, the Department of Housing and Urban Development (HUD) has
contracted with the
i City of Lubbock to provide funds through the Community
Development Program to aid in the development of such a project, and,
f
WHEREAS, it is necessary to acquire for public park purposes the fee
{ simple title to the land hereinafter described, owned by R. C. Strong; and,
l
WHEREAS, the City Council has caused two appraisals to be made of said
land and the value and total damages, if any, to the owner, and all others
s whose interest may appear, for fee simple title to said land has been appraised
and the City Council finds the price offered to be fair and equitable; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock acquire for the purposes of developing a public
park the fee simple title to the land lying and being situated in Lubbock
County, Texas, and described as follows, to -wit:
Parcel No. 99600-95-50: (See attached Legal description)
Purchased Price - $6,600.00 (Six Thousand Six Hundred and No/100
Dollars)
THAT the owner, and all others whose interests may appear, be offered
through the Urban Renewal Agency of the City of Lubbock, Texas, the amount
established as the fair market value and total damages, if any, for fee simple
title and acquisition of said land for the purposes herein stated, for the use
and benefit of the City of Lubbock, being the amount hereinabove stated, and
that unless accepted forthwith the City Attorney is hereby authorized and
instructed to institute condemnation proceedings for and on behalf of the City
of Lubbock to acquire fee simple title to said land, as hereinabove described,
for public park purposes.
Passed by the City Council this
12th day of June , 1980.
00
'0'.007 ��. �/A .0
BIL MCALIST R, MAYOR
ATTTST:
&:�
Evelyn Gaffga, City Secre ar reasurer
APPR EAS TO CONTENT:
il
20 atatLl
Vicki Foster, -Community Development Coordinatox
Apprond as to twar
As.16tant City Attwney
l v n fls- s
A tract of land located in Section 3, Block. "B ", Lubbock County,
Texas, being the same tract heretofore conveyed to R. C. Strong in
Quit Claim Deed in Volume 1480, Page 774, being further described as
follows: BEGINNING at a 3/8" iron rod (found) which bears S. 00*03'50"
E., 690.00 feet and S. 89'58'30" W. 99.00 feet from the Northeast
corner. of the Northwest Quarter of Section 3, Block "B"i Lubbock
County,. Texas, said rod also bears S. 89'58130" If., 99.00 feet from
the Southeast corner of a certain tract heretofore conveyed by Sid
Caraway to Wiley Puckett in Volume 95, Page 63, said rod also being
the Southwest corner of a 1.544 acre trac.t heretofore conveyed to G.
E. Williams in Volume 1101, Page 223, for the Southeast corner of this
tract; THENCE S. 8958130" W. a distance of 281.64 feet to a 1/2t°
square metal tube (set) for the Southwest corner. of .this tract; TBENCE
N. 000538" W., at 4.99 feet pass. a 3/8" iron rod . (found) at the
Southeast corner of Lot 163, Puckett Suburban Homes Addition to the
City of Lubbock, Lubbock County, Texas, continuing along the East line
of said Lot 163, at 634.99 feet pass the Northeast corner of said Lot
163, continuing for a total distance of 676.22 feet to a-1/2" square
metal tube (set) for the Northwest corner of tha.s tract; THENCE N.
8924135" E. a distance of 281.95 feet to a 1/2" square metal tube
(set) at the Northwest corner of said 1.544 acre tract, for the hortbeast
corner of this tract; THENCE S. 00'03150" E., along the West line of
said 1.544 acre tract, a distance of 679.00 feet to the Point of
Beginning.
ACQUISITION APPRAISAL REVIEW
PARCEL NO. 99600-95-50 PROJECT NAME Yellowhouse, Lake 6s 5th Year C.D.
ADDRESS 19th Street near Zenith Ave.
OWNER (s) R. C. Strong
TENANT (s) Vacant site
.LEASEHOLD No
LEGAL DESCRIPTION: See attachment for metes and bounds description.
1. Acquisition appraisal received ............................. May 12. 1980
(Date)
2. All corrections by appraiser completed....... ...... May 27, 1980
3., Appraisal is adequate and acceptable ....................... Yes
4. On-site inspection of property..............................vMav 20, 1980
(Date)
5. Person accompanying review appraiser ....................... None
6. On-site inspection of comparables .......................... May 13th and 16th. 1980
(Date)
7. Any report of unlawful condition or occupancy............... No
8. Basis for conclusion as to fair market value: Approval of the appraiser's valuation is
based on my inspection of the property and review of the appraisal report. Minor corr-
ections were made with a change in the valuation resulting from one.
In my opinion the final estimate is $ 6,60G.00
I hereby certify that I have no interest, present or contemplated, in the property; and to
the best of my knowledge and belief, all statements and information in this report are true
and correct, and no important facts have been withheld or overlooked.
May 28, 1980
DATE REVIEW_APPRAISER
aro . e y,
. -1-
Partial Taking
Whole Property
Part Taken
Remainder Before
Remainder After
Damages
TOTALTAKING AND DAMAGES:. .........................
-2-
Buildings & Structures
APPRAISAL
REVIEW APPRAISAL
(Whole Taking)
V4uation
Valuation
1. None
None
None
2.
3.
4.
Garage .......................
Fence ..... ........ .......... * Steel post, cable
None
None
Landscape...................
Cellar ......................
Other............. ........
Other. .................
Other....... ..............
Fixtures ....................
Tenant -Owned Building, Structure,.
Fixture & Other
1.
.2.
Larid................ ............... 4.383 ac.
6,600
$ 6,600
TOTAL:.. .......................
$ 6,600
6,600
The value of any improvements on this site are
in the valuation
of the land.
Partial Taking
Whole Property
Part Taken
Remainder Before
Remainder After
Damages
TOTALTAKING AND DAMAGES:. .........................
-2-
APPRAISAL REPORT -FOR THE CITY OF LU MOCK
Project Yellowhouse, Lake -6, 5th Year C..D.
Parcel Number 99600-95-50 '
Property Address 19th Street near Zenith Avenue and on edge of Yellowhouse Canyon
Interest Appraised Fee Simple
Property Owner R. C. Strong
Date'of Apprai.ser's.Inspection. 4-1-80
Owner or Representative Accompanying Inspection none
Owners Not Present at Inspection R. C. Strong
9
.Limiting Conditions of the Appraisal:
(1) That the title is good and marketable, (?) that no responsibility is assumed by
the Appraiser for legal matters, especially those affecting the title to the property,
(3) that the legal description of the property and the interest therein to be appraised,
furnished to the Appraiser by the Agency, is correct, and (4) that no survey of the
property has been made.
The Undersigned Hereby Certifies:
(1) That I personally made a thorough inspecti the property, (2) that, to the
best of my knowledge and belief, everything co ed in the report is true and no
relevant and important fact has,been omitted,-41j`that neither trey employment nor my
compensation is contingent on the valuationrwrted, and (4) that I have no past,
present, or prospective interest (including -that of real estate agent or broker) -in
the property, the parties involved, or any other interest that would conflict in any
way with the services performed or the making of an impartial report, (5) that I will
disregard any decrease or increase in the fair market value.of the real property to
be acquired (or the entire property of the owner in the case of a partial taking)
prior to the date of valuation caused by the public improvement or project for which
the property is to be acquired for such improvement or project, other than that due
to physical deterioration within the reasonable control of the owner. In the case of
a partial taking, using the before -and -after method of valuation, my opinion of the
value of the remaining not -to' -be acquired portion of the property does not reflect
any increase or decrease in value attributable to the project, (6) that my analyses
and opinions of property value does not reflect any consideration of or allowance for
the relocation assistance and payments provided under Title II of the Act.
It is my opinion that the fair market value of property to be acquired is $ 6,450
as of 4-1-80 .
Apri t 24. 1980
Date Jifmy J a I1.A.I.,S.R.P.
fS-''''.?M'15`
r
Mt r eR k:t
S l� lfi •rr f.di "`f°"'a ..''Ysxv 'a"`S`� "»?s S',EC +t. � 0x�''.'. �;. .�'^ 5 t :. #T•�1 &- yh_• ..�y'...}. i
Purpose and Scope of'Appraisal
The purpose of this appraisal is to estimate the market value of the
property. The.property rights appraised are fee simple with the
exception of mineral interests:.
Pe
Function of Appraisal ry
This appraisal is required by the. City of Lubbock for its guidance
in making fair and impartial determinations of fair market value and
the just compensation to be offered to the property owner.
Ownership
R. C. -Strong
1337 49th Street
Lubbock, Texas 79412
�.. •.{{ T`' ,3 ^�i+P d.� nw: M}.Tr... J'. ,�McTr t'Pii�". . 4+A..w.9.S ,]ys^`i A w+'u`.:� idl' A' -`N ''° �. ,,;u __
rw
.. -
UN
Definition of Market Value
The term "market value," as used in this appraisal, is defined
in the book entitled REAL ESTATE APPRAISAL TERMINOLOGY, first;
printing, 1975, on page 137 as follows:
The highest price in terms of money which a property will bring
in a competitive and open market under all conditions requisite
to a fair sale, the buyer and seller, each acting prudently,
knowledgeably and assuming the price is not affected by undue
stimulus.
Implicit in'this definition is.the consummation of a sale as of
a specified date and the passing of title from seller to buyer
under conditions whereby:
1.,. Buyer and seller are typically motivated.
2. Both parties are well informed or.well advised,
and each acting in what he considers his own best
interest.
3. A reasonable time is allowed for exposure in the
open market.
4. Payment is made in cash or its equivalent.
5. Financing, if any, is on terms generally available
in the community at the specified date and typical
for the property type in its locale. -
6. The price represents a normal consideration for the
property sold unaffected by special financing amounts
and/or terms, services, fees, costs, or credits incurred
in the transaction.
No Text
r
A tract of land located in Section 3, Block "B", Lubbock County,
Texas, being the, same tract heretofore conveyed to R. C. Strong in
Quit Claim Deed in Volume 1480, Page 774, being further described as
follows: BEGINNING at a 3/8" iron rod (found) which bears S. 00°03'50"
E., 690.00 feet and S. .89"58'30"' W. 99.00 feet from the Northeast
corner of the Northwest Quarter of Section 3, Block 'W% Lubbock
County, Texas, said rod also bears S. 89°58'30" W., 99.00 feet from
the Southeast corner of a certain tract heretofore conveyed by Sid
-Caraway to Wiley Puckett in Volume 95, Page 63, said rod also being.
4
the •Southwest corner of -a 1.544 acre tract heretofore conveyed to G.
E. Williams in Volume 1101, Page 223, for the Southeast corner of this
tract; THENCE S. 89"58'30" W. a distance of 281.64 feet to a 1/2"
square metal tube (set) for the Southwest corner of this tract; THENCE
N. 00°05138" W., at 4.99 feet pass a 3/8" iron rod (found) at the
Southeast corner of Lot 163, Puckett Suburban Homes Addition to the
City of Lubbock, Lubbock County, Texas, continuing along the East line -
of said Lot 163, at 634.99 feet pass the Northeast corner of said Lot:
163, continuing for a total distance of 676.22 feet to a"1/2" square
metal tube (set), for the Northwest corner of this tract; THENCE N.
i 89°24'35" E. a distance of 281.95 feet to a 1./2" square metal tube
(set) at the Northwest corner of said 1.544 acre tract, for the Northeast
corner of this tract; THENCE S. 0003'50" E., along the West line of
said 1.544 acre tract, a distance of 679.00 feet to the Point of
Beginning. -
T
;,:• ..»..-- fFYi; a,;..sw.'x..:,z!' `+KT 'n::Ei'7• ,�^i.k x '.'#� �x tn::r� yy "''A vn .,, 1 ;'•r K S r.J ..5'.^?,
•k r 5 xi.'3
. r� .„1 K ".,•..i, ¢,.w5 4i,4 d.a4 a '•`.:»:;v k? .,Ix. h ! u,*q,i.,,,- 'iM r•"' ,c:.vfA
Neighborhood Analysis
The subject property is situated in a neighborhood that is located
in the east part of the City of Lubbock. The neighborhood area is
defined as the area generally shown on theffollowing Neighborhood
Map.- The map also shows the general land uses and the location of
subject property.
This neighborhood has experienced very little growth in recent'
:years. No significant new construction has been observed in recent
years. -Deed records indicate that market activity has been very
slow. The purchase of the Canyon land and its development into a
LLpark has been the most significant change in the neighborhood in
recent years.
.This neighborhood is located about 3 miles southeast of downtown
'Lubbock and in.the opposite direction from the main -residential
and commercial growth direction of the city which is southwest.
This -neighborhood has an ample supply of vacant land if the demand
for residential development should be generated.
Most of the housing in the area is modest to very modest in price
+ class and are typically occupied by lower income families.
..;r , f;x "'�J!s w r,t,z�"i'le'dx}'4,.ht�'�e^�,+.�•'iX .;g,�')r .,^'• 2'� d�+ ;. y-...R ,�* v :+tp 'Y<1.,
y..,: '�1•�.e'..•�;'..,.:f .K � ..�?` •cY �., f"".^''.�w� is {#� ..,._ : 4 T X x if a%�jr�%�..i�� �, t�`.+.,y trYn w-L a `"' .kt. S'?'�, � i.r,..,•:, R• 4.s jun � ,a' � �F y i � � �,r.�'�``` d,.
r�rsi aa�:.�'.a�i" tm``r��`���' a+=',•n�� -•_ _'�•iiKaY.tfe.m' ve'i.:�.,r. rh--�.-_.,�.s,.l. � k ' x , . .e.,si�.SSi�r�. `. •" '� x.r ➢ �..' "^y K : 3� ='
yi iLK Jt 013'n nrtn
L AP ir� G +u� •c`
32
33
•111 f v r• • M • � • I /� 1 , � • � .
E f?A C [G.*01-i
• y
. SUBJECT PROPERTY .
AGRI CULTU.RAtI
r, 9y • USE
.Ot
elrw3 ':
i33 •.•tt 1' ' �+.•w irf•tIIR
•S
�w•.1 •� dam•' ►. •�• � . �•
NL
!FYI 41- dilq,
t 1 Vl �•�.y f .�•�4 • •
fib'.':.°
S • 1• � '/ '%` �•��:'dr '�, •.t���,1,1 s .A ��•1" •I. !t�F II`�S�:I.f'E'1••1�"iR •.'�•/�����V-'
1.��•!i r►r►1 �� � 7TH •Sf•• .. •+ v .\
• MK'r••y . t SIR.- t:•lx 1� t Y••t • ••�•,r` p�.��� p 1 C .
IN
is_II •:�, i:'t.: {�S` • � 't i L�,11•� /. j. y:�•:.':1•. � �ilw• . �`1_ 1.JLI ••w
E YS
� � 11
GOV
Description of'Imp rovements _
The property is vacant and unplatted land. The only improvements are
'some cable fence -on steel and wood post and some scrap fence.which,do.
not add any significant.value:to.the property. City water and sewer 4
pro rata expense has.'not been paid.
Site Data
This tract is* 4.383 acres in area with dimensions as can be observed
from the following Site Sketch.
The site fronts to East 19th Street, which is paved but without curb
r or gutter. The tract is near the edge of Yellowhouse Canyon. The
natural topography of the tract is a mold slope from north to south
over most of the property, with a sharp slope to the.southwest across
the southwest corner of the property. This natural terrain has been
substantially altered by caliche mining operations over the years. A
Targe area has been excavated in the middle and front area of the tract.
�. No significant adverse easements or encroachments were noted at the time
of the appraisal inspection. The HUD flood hazard map does not include
this tract in a flood area. The site is zoned R-1, Single Family
Residential.
City water and sewer would be available after platting and payment of pro
rata expenses. Other utilities are also available.
281.64'
No Text
r
�� 5. :✓' C�' ~ .,
*V
•:V't'Y.
Jts
�.7 1^ � {4 'C,�'xi�;gr',f� � " ��4F�y � l � r� J� f ' ;'if"
::) :} .^S `Rj. i!�+: rt .�.t, rye, � ai.1' ,N�f�';ir.. Fr 4T ' f :a S'. � W
Ann
Taxes
Agent
Assessed Value Tax Amount—
mountCity
Ci tyand School*
$1,430 $35:47
State and 'County .
1,940 32.49
Total $67.96
Use and Occupancy
.
The land was vacant at the time.of the appraisal inspection and without
any existing -'use.
Rental Information
None known.
Annual Operating Costs
Does not apply.
Highest and Best Use
The property -owner reports
that the present use of the property is
multi-purpose including:
(1) storage of equipment
(2) storage.of materials
(3) caliche source
No Text
Valuation of the Property ;.
The subject property is vacant except for the minor improvements which
are not.considered to have any contributory value. The only meaningful
approach to value -is the direct comparison`approach. The most pertinent
comparables from the Plarket Data Supplement are summarized as_follows:
Land Sale Pro;,Price Indicates
# Date 'Acres .. ZoMng , Rata ..Per Acre For Subject'
1 4=78 1.0 R-1 No $2,400 below $2,400
A .a
3' 11-77 0.73 R-1 No 2,054 below $2,054
Offer 11 current 1.0 .. _.,R-1 Yes 2,500 below $2,500
Offer #2 ;
current 10.86. . R-1 .,No 192.50 about $1,250
Subject 12-72 4.29 R-1 No-
Sale
o ; 165.50 above $1,165.50
Sale No. 1 is rated better -than subject because of its smaller size and
.
better topography. Sale No. 3 is also rated better than subject for the
I ,
i same reasons. Offer No. l is rated better:than,subject due to a better
location, better terrain, and smaller size, Offer #2 is rated about even
with subject. It is.much larger but also it is all level usable land.
Subject property was purchased in 1972 for $1,165.50 per acre. The
inn excavated areas on subject make it less desirable -than at the time of
the purchase, but the purchase was nearly 8 years -ago.
►,; In the final analysis it was concluded that $1,500 per acre was the
most likely sale price of the property at the present time..
4.29 acres @ $1,500 _ $6,435
say
Final Estimate of Value $6,450
•
...........
0�MARKET DATA MAP bwotOk
i
t &*Oslo 649
LM Iitt
LURK a
- — i
LAW OFFER
ra It IL a a I
ry
If
ILI
8410 FL
r _ _ ovey,.o : a
El
4F
Lis U;
I— vflMill l om I ff RE-Ifl. Fl- P-111 I Ttl 11 ulVAl
IQs-
AM
RUEL
-� aC.
MARTIN
LAW SALE
LAIID SALF1
A
In
tY
14
....... . .......... . I
I
......... .
44 66 16
ISubject
LAND
001:
N
ASSUMPTIONS ACID CONTINGENT CONDITIONS
The appraiser assumes:
1. That the legal description furnished is correct.
2. That the title to the property is good.
3. That the property is free and clear of all liens.
4. That the property will be properly maintained.
This report is submitted subject to.the following limiting conditions:
1. That no guarantee is made as to correctness of information,
estimates, oropinions by others and used in
making this appraisal.
2. That no liability is assumed on account of inaccuracies
or errors in such information, estimates, or opinions.
3. That no liability is assumed on matters of a legal
character affecting the property, such as title defects,
over -lapping boundaries, etc., and no right to expert
testimony unless adequate arrangements for fees are made.
4. The appraisal fee is not, in any sense, contingent upon
anything other than delivery of this report.
•.^'+> a t� :#.:^ ti -r;y:r,^y .w:5*+ - -Yf §';¢'Tan:6'7S# ,,y; _ y :reg.;,, ,.c! t r J ; v.ti*vim yam!-tom.. :srsz.;: s4.-,,s:n-astea.•r,r-mrarm a ',F,e...- x.:z._yP•.:
�.�isa�.l#�P16..s..i
RESTRICTIONS UPON DISCLOSURE AND USE
1. Disclosure of the contents of these appraisal reports is
governed by the By-Laws and Regulations of the American
i Institute of Real Estate Appraisers of the National
.Association of Real Estate Board.
2. Neither all nor any part of the contents of these reports
(especially any conclusions as to value, the identity of
the appraiser or the firm with which he is connected, or
any reference to the American Institute of Real Estate
Appraisers or to the Society of Real Estate Appraisers
or to the M.A.I. or S.R.P.A. designation) shall be
disseminated to the public through advertising media, public
relations media, news media,-sales media or any other public
means of communication without the prior written consent and
approval of the undersigend.
a .x.,.1 ''YT �,e+wle, r r:#s ,d✓ .� .4. r �1 3 �+s r .» -k, h .. $ dk , ,/� : t fr¢ i�'r.�'�' t„�,9-+; S, � a t f.
-s-s'1'�a '`..,� �f�.,e",a'��'?-,..�E�,�;�i r'.;vast^e�°+kxr�'7���K3'��.,.#�-•°'�,�-�.�.,:.�,,'�.,}`�i t -:.s, .� ,,�...:iSE�S': .:� %. '9..+;c�-:`Y»'b"
QUALIFICATIONS OF JIMMY J, GODDARD, 14.A.I.,S.R.P.A.
Education:
Professional Recognition Award,'presented by the American
Institute of Real Estate Appraisers for the years 1980, 1981,
and 1982.
i
Texas Technological University
BBA .Degree, 1963
Major: Finance Option: Real Estate and Insurance
Successfully completed Appraisal Course by Texas Highway
Department; Austin Texas 1964
Successfully completed Examination Is Case.Study Course II,
and Course VIII, !American Institute of Real Estate Appraisers
Pot itions*H61d:
Owner -'Goddard and Associates -.presently, Lubbock, Texas
• Manager -Property Evaluators, Inc., -1966 - San Angelo, Texas
Review and Staff Appraiser - Texas Highway Department - 1963
to 1966, Odessa, Texas
President - South Plains Chapter - Society of Real Estate
Appraisers, 1974- 1975
Member - 1973 Young.Men's Council Society of Real Estate
x Appraisers r 1976 - 1977
Instructor - Texas Tech University. -
Lubbock Christian College
4
Memberships:
Member of American Institute of Real Estate Appraisers
Senior Real Property Appraiser -Society of Real Estate Appraisers
Real Estate Broker's License - Texas Real Estate Commission
National Association of Realtors
Texas Association of Realtors
Lubbock Board of Realtors
Partial'List 6f Clients.*
Texas Highway Department
City of Lubbock
Veteran's Administration
Secretary of Housing and Urban Development
Republic National Bank of Dallas- Trust Department
Lubbock National Dank
First National Bank of Lubbock
First Federal Savings and Loan Association
First Texas Savings Association of Lubbock
State Savings and Loan Association
West Texas Savings Association
Sentry Savings Association
Mortgage Guaranty Insurance Corporation
Merrill Lynch Relocation Management Corp.
PMI Mortgage Insurance Company
'r West Central Investment Corporation
Lutheran Mutual Life Insurance Company, Waverly, Iowa
Phillips Petroleum Company
Gulf Oil Company
Continental Oil Company
Sun Oil Company
Texaco, Inc.
Great Southwestern Life Insurance Company, Houston, Texas
Southwestern Bell Telephone Company
The Western Company
Texas Instruments, Inc.
Texas International Company
Southwestern Life, Dallas