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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 -2 - . .. - . . - -. .t' F,ry.. .�. �`• : L. :..a. �nr. �..�w:a �'..ey+ .� i`� 3t tG `z"i�i.R. - -A .' 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 :.................... ... -2 - . .. - . . - -. .t' F,ry.. .�. �`• : L. :..a. �nr. �..�w:a �'..ey+ .� i`� 3t tG `z"i�i.R. Ue i^ —y ,u t, APPRAISAL REPORT FOR THE CITY OF LUBBOCK Vn 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 i G da rd, M.A:.I.,S.R' R'.iz'Y.7EE'tF,+{$yttiA!d`''_.r.^4 { 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. Aj 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 . . '91 ^fhfpkt7. :eaf3"s' A,.11jre r 'fiKIR �iNEy".}yK�,Y : ht. S4i5yy�'xgn�"u #Aa-m�auy!w. Y' �d�3J7qq 4 y�R` R 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 P P 9 Y -vim 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 9: Y� 9 Y t- in the community at the specified date and typical r for the property type in its locale. 6. The price represents a normal consideration for the F 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. LI MV c , „t.wr.s '3N Z ";l" r re • 'th'iMt k r'' � �eY' r4v:.y s - r ...w.i ' . a r,�i' i r°ig ?. C T*a 4a ri r r`r 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. Q `,ex7s"ai�'�^ �"„".'��s'�'�'w�'vz.;•;�+rns:;en„�.�r�w•.•:•*.^.�*�rmar ,..,,.r.•,w^+Ctrs..<s•;ys.r_�a_•r►��«'�t��xw�•�;saw,s...r+cRS'°'�e”';5a�xarnr.��..�"�k.,'}*"+,.sa. AT ,. y�K sa I AP .Q M ',_ .O=� •.vim �' 32 s ,�. • • rLd �(�• Loll i•i, � SUBJECT PROPERTY ! _ ( � AGRICULTURAL USE art •' � `�� _ ' . � �. re iqS > V_ n• r � € _ off• i�•� r _'o� _ • _ .-. rl E 31ST -- 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 ''.4 1 � r.,� ti'.5 „ s -, r ::y,•_ . ».:�'-,�sy:/+eN+s:M1nvF«snaxti:.....,«...,.. ... �• ,..... . .w+w..',..-a.w. :. .,.s. +u: ..i-w.,r.,.' :,w _ 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: f and unoccupied state fora number of years. Rental Information None known. Annual Operating Costs Does not apply. r Highest and Best Use = -. The highest and best use of subject property is for single family residential use. i 'y 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 ----------------- $2,800 .T...._..r,. .,. .F.._ .....w�.,.:,.,_... rte,,.o,.�........,...ca..,�,.,.....,�... ra+ 44 Th ""v MARKET DATR MAp !ztAoi t{ E • Oar N sat 1 1 t id 1 L 1 t.l -Ay I L..9 Ul UAUSUAN---.� tt s % a * lugft • ti A ' it l ! • t PARSO&T OMY[ t +rs iE `� • . sit �_ a ku F 4 4 t» t - LAIID, SALE . w o M • 1 Or �y RLIEL C. 1 [ 11nA�11 •i . MARTIN VAN LAIID SALE '. �. OWL*. # r:ol t { .. �� 0 I t t •:ti t 1 LAIID SALE • �a `:' `3 =I,,� .; LAIID OFFER2--- -- ASSUMPTIONS AND CONTINGENT CONDITIONS The appraiser assumes: 1. That the legal description furnished is correct. 2. That the title to the property is good. _ 3. That the property is free and clear of all liens. 4. That the property will be properly maintained. This report is submitted subject to the following limiting conditions: 1. That no guarantee is made as.to correctness of information, estimates, or opinions .furnished by others.and used in making appraisal. raisal. 2. That no liability is assumed on account of inaccuracies or errors in such information, estimates, or opinions. 3. That no liability is assumed on matters of a legal W character affecting the property, such as title defects, over -lapping boundaries, etc., and no right to expert testimony unless adequate arrangements for fees are made. L_ is 4. The appraisal fee is not, in any sense, contingent upon anything other than delivery of this report. JI ����x � `*x.56.. v+.. � t{. � +.n, '$' ��� Th` i i !:e $� A4� fes' i `ZQ -l■$ .i^c'A � �;CP' kp.Y�:✓..n' +1"v Y�� 4 � �`t� ��` 1�TiK a't +,iWFSii7+Ei'w`.�`'7h'i,�p;f. -B'+. ,. ��;t i���,i■� ��—b;■ddSk iw4.. G.b z`h _i4_, �..d w: ,_. 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. ■ i ik .yaH`� y+'ffaen .L'ti„i;r�v_ .. ,�.;: .S�..oer x; .._ .:.,. +,.-: ,« -.. ..v.y,;.,.� y,. v- rr- .'P,s-v94•:v. f L 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. ` Aj 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 { Appraisers - 1976 - 1977 . Instructor -Texas Tech University Lubbock Christian College �L r..���'�ss.�i r�,�k>', a 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