HomeMy WebLinkAboutResolution - 519 - URA Land Acquisition - GE Williams - Public Park, Lake 6 YCL Project - 06/12/1980WMM: pc'
RESOLUTION RESOLUTION #519 - 6/12/80
A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR
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 City of Lubbock to provide funds through the Community
Development Program to aid in the development of such a project; and,
WHEREAS, it is necessary to acquire for public park purposes the fee
simple title to the land hereinafter described, owned by G. E. Williams; and,
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
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. 99600-95-75: (See attached Legal description)
Purchased Price - $2,800.00 (Two Thousand Eight 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.
r
BILL Mc I TER, MAYOR
ATT ST
Evelyn Ga fga, City ct y -Treasurer
Approved as totoofform: `
APP OV D AS TO - CONTENT :
Assistant City Attorney
Vicki -Foster, Community Development Coordinator
A tract of land located in Section 3, Block "B", Lubbock County,
Texas, being the same tract. heretofore conveyed to G. E. Williams in
Volume 1101, Page 223, being further described as follows: BEGINNING
at a 3/4" iron pipe (found) which bears S. 00'03'50" W., 690:00 feet
from the Northeast corner of the Northwest Quarter of Section 3, Block
"B", Lubbock County, Texas, said 3/4" iron pipe also being the Southeast
corner of a certain tract heretofore conveyed by Sid Caraway to Wiley
Puckett in Volume 95, Page 63, for the Southeast.corner of this tract;
THENCE S. 89058'30"'W. a distance of 99.00 feet to a 3/8" iron rod
(found) at the Southeast corner of a 4.383'acre tract heretofore
conveyed to R. C. Strong in Quit Claim Deed in Volume 1480, Page 774,
for the Southwest corner of this tract; THENCE N. 00°03'50" W., along ,
the East line of said 4.383 acre tract, a distance of 679.00 feet to a
1/2" square metal tube (set) for the Northeast corner of said 4.383.
acre tract, and for the Northwest corner of this tract; THENCE N.
89024135" E. a distance of 99.00 feet to a 1/2" square metal tube
-(set) for the Northeast corner of this tract; THENCE S. 00°03'50"-B. a.
distance of 680.00 feet to the Point of Beginning.
1980 ACQUISITION APPRAISAL REVIEW
PARCEL NO. 99600-95-75 PROJECT NAME Yellowhouse, Lake 6: 5th Year-C.D.
ADDRESS East 19th Street just south of Zenith Ave.
OWNER (s) G. E. Williams
TENANT (s)' Vacant site
LEASEHOLD No
LEGAL DESCRIPTION: See attachment for metes & 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 ............. ..............:.May 16, 1980
(Date)
S. -'Person accompanying review appraiser ....................... None
6.` On-site inspection of comparables .......................... May lath &..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.
In my opinion the final estimate is $ 2,800.00
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 A ISER
-I &ro-ra- . Kelly, SM
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Buildings & Structures
APPRAISAL
REVIEW APPRAISAL
(Whole Taking)
Va9.uation
Valuation
I. None
None
None
2.
3.
4.
Garage...... ....... ......
Fence ........................
Landscape ....................
Cellar.......................
Other..... .............. ...
dell hole, cased None
None
Other .......................
Other........................
Fixtures ............. .....
Tenant -Owned Building, Structure,
Fixture & Other
1.
2.
Land .............................
1,544 ae_ 2,800
$ 2C800
TOTAL: ...........................
$ 2,800
2,800
Partial Taking
Whole Property
Part Taken
Remainder Before
Remainder After
Damages
TOTAL TAKING AND DAMAGES :....................
...
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APPRAISAL REPORT FOR THE CITY OF LUBBOCK
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Xq Project Yel lowhouse �
,�a_�g 6L 5th Year D
Parcel Number 99600-95-75
am Property Address East 19th St. just south of Zenith and on north edge of Yellowhouse
Interest Appraised Fee Simple. Canyon
Property Owner G. E. Williams
Date of Appraiser's Inspection 3-31-80
Owner or Representative Accompanying Inspection G. E. Williams
Owners Not Present at Inspection none
i_ Limiting Conditions of the Appraisal:
(1) That the title is good and marketable,,(2) 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 Agenc ect, and (4) that no.survey of the
property has been made. c
The Undersigned Hereby Certifies:
(1) That'I personally madea' thorough inspection of the property, (2) that, -to the
best of my knowledge and belief, everything contained in the.report is true -and no
relevant and important fact has been omitted, (3) that neither my employment nor my
-. compensation is contingent on the valuation reported;' 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 -valve 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 Acta
It is my.opinion that the fair market value of property to be acquired is $ 2,800
as of March 31, 1980 .
May 7, 1980
Date
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Purpose and Scope of Appraisal
AIRF
14
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.
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Function of Appraisal
his appraisal s
T app a al 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
G. E. Williams
}
2111 18th Street
Lubbock, Texas 79401
. .
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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:
`
Tine 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
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under conditions whereby.-
hereby:1.
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. Financia if an is on terms generally available
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in the community at the specified date and typical
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for the property type in its locale.
6. The price represents a normal consideration for the
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property sold unaffected by special financing amounts
and/or terms, services, fees, costs, or credits incurred
in the transaction.
Sales History
The only sale of subject property in recent years was as follows:
Grantor: ------------------ Annie Mae Bishop
.
-
------------------
Grantee: G. E. Wil.liams -
Book and Page: -----=----=- 1101 - 223
Date: --------------- -----. 9-16-66
Recited Sale Price; - $10
Off -Record Title Information
The owner reported an offering price of $5,000 about 3 years ago. A
cash contract of $4,000 was given for subject property during this .
time period. The contract eventually fell through due to the inability
to obtain a zoning change.
-
Delineation of Property_ '
See attachment.
"
A tract of land located in Section 3, Block 11B#? Lubbock County,
Texas, being the same tract heretofore conveyed'to G. E. Williams in
Volume 1101; Page 223, being further described as follows: BEGINNING
!r- at a 3/4" iron pipe (found) which bears S. 00°03'50" W., 690.00 feet
from the Northeast corner of the Northwest
Quiarter of Section 3, Block
"B", Lubbock County"Texas, said 3/4" iron pipe also being the Southeast .
�. corner of a certain tract heretoforq conveyed by .Sid Caraway to Wiley
E�. Puckett in Volume 95, Page 63, for the Southeast corner of this tract;
THENCE S. 89'58'30" W. a distance of 99.00 feet to a 3/8" iron rod
(found) at the Southeast corner of a 4.383 acre tract heretofore
conveyed to R. C. Strong in Quit Claim Deed in Volume 1480, Page 774,
for,the Southwest corner of this tract; THENCE N. 00°03'50" W., along
-the East line of said 4.383 acre tractI a distance of. 679.00 feet to a
1/2" square metal tube (set) for the Northeast c:orner.of: said 4.383
acre tract, and for the Northwest corner of this tract; THENCE N.
89'24'35" E. a distance of 99.00 feet to a 1/2" square metal tube -
rf (set) for , the Northeast corner of this tract; TITENCH S. 00°03'50" R. a
r distance of 680.00 feet to the Point of Beginning.
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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 the following Neighborhood
Hap. The'map also shows the general land uses and the location of
Ali subject property.
This neighborhood has experienced very little growth in recent
fr 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
park has been -the most significant change in the neighborhood in
recent years.
i
This neighborhood is located about 3 miles southeast of downtown
.L 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.
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SUBJECT PROPERTY
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USE
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Description of Imarovements
The property is vacant and unplatted land. The only improvement
is an abandoned, unequipped water well which is not considered to
add any significant value.to the property. The owner reported the
well to be approximately 86 foot in depth with a'6" casing. City
water or sewer pro rata expense has not been paid.
Site Data
This tract is 1.544 acres in area with dimensions as can be observed
from the following Site Sketch. It fronts to East 19th Street, which
is paved but without curb or gutter. The tract is along the rim of
the Yellowhouse Canyon. Most of this tract is a gentle slope from
19th Street to the south end. A small area near the south end has had
caliche removed some seven or eight years ago as reported by the
property owner.
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. This site is zoned R-1, Sing'e Family
Residential.
City water and sewer would be available after -platting and payment of
pro rata expenses. Other utilities are also available.
No Text
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Taxes
Agent Assessed Value Tax Amount ”
City and School $670 $16.61
State and County 450 7.54
Total $24.15
Use and Occupancy-
ccupancyThe
Theland was -vacant at the time of the appraisal inspection and without
-
any existing use. The owner reported that the tract has been in a*vacant
1:
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and unoccupied state fora number of years.
Rental Information
None known.
Annual Operating Costs
Does not apply.
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Highest and Best Use =
-.
The highest and best use of subject property is for single family
residential use.
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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 Market Data Supplement are summarized as follows:
Land Sale Pro Price Indicates
# Date AcresZoning Rata Per Acre, For Subject'
4-78 1.0 R-1 No. $2,400 below $2,400
2,': 12-72 4.29 R-1 No $1,165.50 above $1,165.50
3 11-77 0.73 R-1 No $2.,054 below $2,054
4 2-78 0*152 R-1 Yes $3,947 below $3,947
Offer #1 current 1.0 R-1 Yes $2.,500 below $2,500
Subject ,.1.544 R-1 No
Sale No. I is rated better than subject due to subjects.larger size and
extreme depth. Sale No. 2 adjoins subject t on its west side. Subject is
rated better than this sale because of -the sale date, subjects'smaller
size and better topography. Subject is rated inferior to Sale No. 3 and
4 due to these sales smaller size and better topography. Sale No..4 also
has pro rata expense paid. Offer No. I is superior to subject for location
and pro rata expense. The market data brackets the value as more than
$1.1,65.50 per acre and less'than*$2,054 per acre. In the final analysis,
a.price of $1,800 per acre Is concluded as the most likely sale -price
of subject property.
1.544 acres @ $1,800 = $2,779
say
Final Estimate of Value ----------------- $2,800
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ASSUMPTIONS AND 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, or opinions .furnished by others.and used in
making appraisal.
raisal.
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
W 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.
L_ is 4. The appraisal fee is not, in any sense, contingent upon
anything other than delivery of this report.
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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
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.
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QUALIFICATIONS OF JIMMY J. GODDARD, 1i.A.I.,S.R.P.A.
c.
Education:
Professional Recognition Award, presented by the American
Institute of Real Estate Appraisers for the
years 1980, 1981,
and 1982.
`
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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 .I, Case
Study Course II,
and Course VIII, American Institute of Real
Estate Appraisers
Positions Held:
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
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Appraisers - 1976 - 1977
.
Instructor -Texas Tech University
Lubbock Christian College
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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 of 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 Bank
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
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, Inca
Texas International Company
Southwestern Life, Dallas