HomeMy WebLinkAboutResolution - 521 - URA Land Acquisition - Annie & Henry Davis - Public Park, Lake 6 YCL Project - 06/12/1980RESOLUTION RESOLUTION #521 — 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 Annie Davis and Henry
L. Davis; 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. 99600-95-10OA: (See attached Legal description)
Purchased Price - $800.00 (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 e , 980.
BILLcALI TER, MAYOR
ATTEST.'
Evelyn Gaff a, City Secr`erKr?Vrreasurer Wmved as to 10mr
r
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OS TO CONTENT:
� Assistant City Atiorney
Vicki Foster, Community Development Coordinator
A tract of land located in Section 4, Block 0, and in Section 3, Block *B,
Lubbock County, Texas, being the same tract heretofore conveyed to Annie
and Henry L. Davis in Volume 952, Page 359, dated August 13, 1963, being
further'described as follows: BEGINNING at a 3/8" iron.rod (found) which
bears N. 8958'30" E., 1462.95 feet and S. 00014'00" E., 200.90 feet from
the -Southwest corner of Section 4, Block 0, and the Northwest corner of_
Section 3, Block B, said rod being the Southwest corner of a 3.061 acre
tract heretofore conveyed to tlarcelano DeLeon in Volume 1398, Page 203,
said rod being in the North line of a 199.02 acre tract heretofore conveyed
to the City of Lubbock, in Volume 1308, Page 129, for the Southeast corner
of. this tract; THENCE N. 89°38'44" W., along the North line of said 199.02
-acre tract, a distance of 50.00 feet to a'1/2" square metal tube (set) at
the Southeast corner of a 0.982 acre tract heretofore conveyed to Annie
Hall in Volume 951, Page 103, for the Southwest corner of this tract;
THENCE N. 0014'00" W., along the East line of said 0.982 acre tract, a
distance of 437.39 feet to a 1/2" square metal tube (set) at the Northeast
corner of said 0.982 acre tract, for the Northwest corner of this'tract;
THENCE S. 7228'04" E. a distance of 52.50 feet to a 3/8" iron rod (found)
at the Northwest corner of said 3.061 acre tract, for the Northeast corner
of this tract; THENCE S. 0014'00" E., along the West line of said 3.061
acre tract, a distance of 421..88 feet to the Place of Beginning.
JUN 1 2 198.0
ACQUISITION APPRAISAL REVIEW
PARCEL NO. 99600-95-100A PROJECT NAME Yellowhouse, Lake 6: 5th Year C.D.
ADDRESS East 19th Street south of Ute Avenue
OWNER (s) Annie and Henry L. Davis
TENANT (s) Vacant site
LEASEHOLD No
LEGAL DESCRIPTION: See attachment for metes and }sounds 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 13, 1980
(Date)
S. Person accompanying review appraiser ....................... Annie Davis, owner
6. On-site inspection of comparables .......................... May 13th & 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 but with an
increase.in the land after reconsideration of the land values in all of the project
based on comparability.
In my opinion the final estimate is $ 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 PPRA1SE p
- '
-1-
Buildings & Structures
APPRAISAL
REVIEW APPRAISAL
(Whole Taking)
Vctluation
Valuation
1. None
None
None
2.
3.
4.
Garage .......................
Fence........................None
None
Landscape ....................
Cellar.......................
Other.............. .......
Other., .............
Other.........................
Fixtures.. ....... .......
Tenant -Owned Building, Structure,
-
Fixture & Other
l .
2.
j_
Land .......... .................. .493 ac.
$ 750
SOQ
TOTAL:........... ....... .........
750
$� g00
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APPRAItAL REPORT FOR THE CITY OF LUBBOCK
Project Yellowhouse, Lake 6','5th Year C.a.
°Parcel Number 99600-95-IOOA
Property Address East 19th Street south of Ute Avenue and on north edge of Yellowhouse
Canyon
Interest Appraised Fee simple -
Property Owner Annie Davis and Henry L. Davis
Date of Appraiser's Inspection 4-1-80
Owner or Representative Accompanying:Inspection none
Owners Not Present at Inspection Annie Davis and Henry L. Davis
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 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 -inspection of the property, (2) that, to the
best of my knowledge and belief, I contained in the report is true and no
relevant and important fact has4 WiTfed, (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 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 $ 750.00
as of 4-1-80 •
April 94 1980 •
ateqW
J. Goddard, M.A.I., .R.P.A.
At
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.'
Function .:bf' Apprai sal
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 ,
Annie Davis and Henry L. Davis
3207 Teak Avenue
Lubbock, Texas 79404
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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:
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
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A tract of land located in Section 4, Block 0,. and in .Section 3, Block Us
Lubbock County, Texas, being the same tract heretofore conveyed to Annie
and Henry L. Davis in Volume 952, Page 359, dated August 13, 1963, being
further described as follows: BEGINNING at a 3/8" iron rod (found) which.
bears N. 8958'30" E., 1462.95 feet and S. 0014100" E., 200.90 feet from
the Southwest corner of Section 4, Block 0, and the Northwest corner of
Section 3, Block B, said rod being the Southwest corner of a 3.061 acre
tract heretofore conveyed to Marcelano DeLeon in Volume 1398, Page 203,
said rod being in the North line of a 199.02 acre tract heretofore conveyed
to the City of Lubbock, in Volume 1308, Page 129, for the Southeast corner
of this tract; THENCE N. 89"38'44" W., along the North line of said 199.02
acre tract, a distance of 50.00 feet -to a 1/2" square metal tube (set) at
the Southeast corner of a 0.982 acre tract heretofore conveyed to Annie
Hall in Volume 951, Page 103, for the Southwest corner of this tract;
'THENCE N. 00014100" W., along the East line of said 0.982 acre tract, a
distance of 437.39 feet to a 1/2" square metal tube (set) at the Northeast
corner of said 0.982 acre tract, for the Northwest corner of this tract;
q THENCE S. 72'28104" E. a distance of 52.50 feet to a 3/8" iron rod (found)
at the Northwest corner of said 3.061 acre tract, for the Northeast corner
of this tract; THENCE S. 0014'00" E., along the West line of said 3.061
acre tract, a distance of 421.88 feet to the Place of Beginning.
IF
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Heighborhood 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
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
park 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.
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SUBJECT
PROPERTY,
AGM CULTURAL
USE
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Description of Improvements
The property is vacant and unplatted land. The only improvement is
some scrap fence which does not add any significant value to the
property. City water -or sewer pro rata expense is not paid.
Site Data
This tract is 0.493 acres'in area with dimensions that can be observed
from the following Site Sketch. The site fronts to East 19th Street,
which is paid�d but without curb or gutter. The tract is located along
the edge of Yellowhouse Canyon. About the north one-quarter to one-third
of the tract is near level land. The balance of the tract is rough
sloping canyon land.
PeNo 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 north tip of this tract is
zoned R-2, Two Family Residential, but.the majority of the tract is
PIzoned 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.
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SITE SKETCH
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THIS POINT nfAV N6965O 30"E 130 t9'—?
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AND S00°000 E 1".94 ►AOM THF
SOUTHWf %T COR►1ER Of SECTION
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900�M 00 E ZOO 10 t'3e[ THE SOLIT""ST
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Taxes
agent Assessed Value -Tax Amount
City and School * $278 $ 6.88
State and County 400 6.70
Total $13.58
*City and School office had this property combined with adjoining parcel
to the west. The figure shown is an arbitrary portion of the total shown
on rolls.
Use and Occupancy
The land was vacant at the time of the appraisal inspection and without
any existing use.
t Rental Information
i
None known.
Apnual Operating Costs
Does not apply.
Highest and Best Use
The highest and best use of this property is for single family residential
purposes.
ins
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
i
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 Acres Zoning Rata Per Acre For Subject
T 4-78 1.0 R-1 No $2,400 below $2,400
2 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
Subject ---- 0.493 R-2 No ---- ----
Sale No. 1 is rated superior to subject because it is all level land.
Sale No. 2 is a larger tract and is an older sale date. Subject is rated
better than this sale. Sale No. 3 is all level land and even without
street paving paid it is considered better than subject. `
In the following analysis a value conclusion of $1,500 per acre is
concluded for subject property.
0.493 acres 0 $1,500 = $740
say..
Estimated Land Value $750
Mum""
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ASSUMPTIONS AND CONTINGENT CONDITIONS
The appraiser assumes:
E
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 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
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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.
=—,....:
:lciib`..•%�i�.{�ri�� +r«hatsrc.iss3 ."�6� "::.
QUALIFICATIONS OF JIMMY J. GODDARD, M.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.
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
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, Inc.
Texas International Company
Southwestern Life, Dallas