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HomeMy WebLinkAboutResolution - 523 - URA Land Acquisition - Sylvester Robinson - Public Park, Lake 6 YCL Project - 06/12/1980WMM.pc RF.SnT.iTTTnN RESOLUTION x{'523 - 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 Sylvester Robinson; 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. 99600-95-175: (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 une ,1980. s BIL c ST , OR AT EST: J X elyn Ga ga, City SC46raa -Treasurer A' ed tofw*. APP OVED AS TOO CONTENT: xi,si,tant city AttwneY Vicki Foster, Community Development Coordinator .r i 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 Sylvester Robison in Volume 985, Page 605, being further . .. described as follows: BEGINNING at a 3/4" iron pipe (found) which bears N. 8958'30" E.", 1979.22 feet and S. 00°01130" F.., 204.31 feet from the Southwest corner of Section 4, Block "0", and from the Northwest corner of Section 3, Block "B", Lubbock County, Texas, said 3/4" pipe also being the Southeast corner of that certain tract heretofore conveyed by Wiley Puckett to Callie Elliston in Volume 120, Page 534, said 3/4" pipe also being in the lest line of a 3.155 acre tract heretofore conveyed to Woodrow Locklin in Volume 1032, Page 66, said 3/4" pipe also being an "L" corner 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. 8938'44" W., along the North line of said 199.02 acre tract a distance of 65.00 feet to a 1/2" square metal tube (set) for the Southeast corner of a 0.589 acre tract heretofore conveyed to Faith First Baptist Church in Volume 1122, Page 255, for the Southwest corner of this tract; THENCE N. 00`04'30" W., along the East line of said 0.589 acre tract, a distance of 182.25 feet to a 3/8" iron rod (found) for an East corner of said 0.589 acre tract, and for a West corner of this tract; THENCE N. 8958130" E., along the common line of said 0.589 acre tract and this tract, a distance of 3.00 feet to a 3/8" iron rod (found) for an.East corner of said 0.589 acre tract and for a West corner of this tract; THENCE N. 0006'13" E. a distance of 98.62 feet to a 3/8" iron rod (found) 'at the Northeast corner of said 0.589 acre tract for the Northwest corner of this tract; THENCE S. 72°28104" E. a distance of 52.50 feet to a 1/2" square metal tube (set) in the West line of said 3.155 acre tract for the Northeast corner of this tract; THENCE S. 00'01'30" E., along the West line of said 3.155 acre tract, a distance of 261.71 feet to the Point of Beginning. ;SUN Ta 2 1980 ACQUISITION APPRAISAL REVIEW PARCEL. NO. 99600-95-175 PROJECT NAME Yellowhouse, ADDRESS East 19th Street near Vanda Ave. OWNER (s) Sylvester Robinson Lake 6: 5th Year C.D. TENANT (s) Vacant site LEASEHOLD No LEGAL DESCRIPTION: See attachment for metes and bounds description. 1. Acquisition appraisal received ............................. May 12. 1980 (Date) --'Y- 2. All corrections by appraiser completed.. ........... ..... May 27, 1980 3. Appraisal is adequate and acceptable ....................... Yes 4. --on-site inspection of property..............................4May 16, 1980 (Date) 5. :Person accompanying review appraiser .................. ... Sylvester_ Robinson, 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- sbased basedon my inspection of the property and review of the appraisal report. Only minor corrections were made, none affecting the valuation. 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. -�f�--cam--- May 28, -1980 ; DATE REVIEW APP ISER Id L, Kelly, SRPA -l- n. Buildings & Structures APPRAISAL REVIEW APPRAISAL (Whole Taking) Valuation Valuation 1. None None None .2. 3. 4. Garage....................... Fence..................:..... Landscape........... ....... Cellar...................... Other........................ Other....................... Other.... .........:....... Fixtures .......... ... ..... Tenant-Owned Building, Structure, Fixture & Other 2. Land ............................. .399 ac. 800. 800 TOTAL :.......................... $ 800 800 :partial Taking Whole Property Part Taken Remainder Before Remainder After Damages TOTALTAKING AND DAMAGES.............................. -2- ,y- .?� �=.�c�';s "„�i.o3iii�• -:.afs"4e.. ;fit*. C � APPRAISAL REPORT FOR THE CITY OF LUBBOCK Project Yellowhouse; Lake.6, 5th Year C.D. Parcel Number 99600-95-175 Property Address East 19th St. near Vanda Avenue and on edge of Yellowhouse Canyon Interest Appraised Fee Simple Property Owner: Sylvester'Robinson Date of Appraiser's Inspection 3-3180 _ Owner or Representative Accompanying, Inspection Sylvester Robinson y .. Owners Not Present at Inspection none 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 pro a the interest therein to be appraised, furnished to the Appraiser by the Agency r®®ct, and (4) that no survey of the property has been mad@. 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, 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 pa -ties 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 ry opinion that the fair market value of property to be acquired is S 800.00 as of 3-31-80 -tia 7 1980 Date Ji Goddard, M.A.I.,S.R.P,A. f i1� h ^�t`",� •a�+w'++ �`a o- � e, aor � , i,aP 'u �K�4� r 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.. 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 -underconditions 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. x tr ia,} '^�' � '* i; r, .s"z^ ,y:• s... wtc �' .5 r ; Rha 5. ,.:+"�w. �.'s�u�"wr��t; A tract of land lE.;,ated in Section 4., )Mock "0", and in Section 3, Block "B", Lubbock County' Texas, bele�,A the some tract heretofore conveyed to Sylvester Robison in Vol-wrr,,+ 985, page 605, being further described as followst BEGINNING at a -V4" iron pipe (found) which. bears N. 8958'30" E•, 1979.22 feet ; %ta S. 00001'30" P-.., 204.31 feet: from' the Southwest corner of Section 4, nlock "0", and from the Northwest *corner of Section 3, Block ~n'', Lubbock County, Texas, said 3/4" pipe also being the Southeast corner of that certain tract heretofore conveyed by Wiley Puckett t�<) Callie Elliston in Volume 120, Page 534, said.3/4" Pipe also being in the West line of a 3.155 acre tract heretofore conveyed to Woc*dYow Lockiin in Volume 1032, Page 66, said 3/411 pipe also being ,nit "L" corner of a 199.02 acre tract heretofore conveyed to the City of Lubbock in Volume 1308, Page 129, ;for the Southeaat. corner of thia tract, THENCE N. 8938'44" W., along the North line of said 199.02 n(Ire tract a distance of 65.00 feet -toa 1/2" square metal tube (sat) for the Snuthcist: corner` of. a 0.589 acre tract heretofore conveyed to Faith First Baptist Church in Volume 1122, Page 255, for the Southwagt corner of this tract; THENCE N. 00'04.30" W., along the Enat� 1.3ne of 'said 0.:589 acre tract, a .distance of 182.25 feet to a 3/8" iron rod: (found) for. an East corner of said 0.589 acre tract, and fnr a West corner of this tract; _ THENCE -N. 89058'30" E., along the common line of. sal. d 0.589 Cr tract -and this tract, a distance of 3.00 feet to a 3/8" iron rod . (found) for an East corner.. of said 0.589 acre tract and for. a West pg. corner of this tract' THENCE N. 0(1'06') 3" E. a distance of 98.67_ feet to a 3/8" iron rod (found) at the Northeast corner of said 0.589 acre tract for the Northwest corner of thi" tract; THENCE S. 72'28'04" E. a distance of 52.50 feet to a 1/2" Millare metal tube (set) in the West.line of said 3.155 acre tract fur the Northeast corner ofthis tract; THENCE S. 00"01130" E., along, the West Eine of. said 3.1.5.5 acre. . tract, a distance of 261.71 feet to thtt Point of Beginning. f Neiahborhood 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 - subject property. PsThis 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. Pa Most of the housing in the area is modest to very modest in price class and are typically occupied by lower income families. t ij n rTr *i -r r r rvt 71-- 5TR��T 4LX 34 40 a-�.!scft- aaftim-xzo:wL���* Iry ..SUBJE�r /. PROPERTY AGRICULTURAL USE \�' FQ7F I cop N-01, W�N sl Nf J. F. 31"T Kkl V . �Sp - - Descriotion of Improvements The -property is. vacant and unplatted land. The only improvement is some scrap fonce.which'does not -add any significant value to the property. City'watetr or sewer pro rata expense has not been paid. Site Data -This tract iT 0.589 acres in size with dimensions as can be observed from the -following site sketch. The site fronts to East 19th Street, which is 'paved but without curb or.gutter. The tract is situated.along the rim of the Yeilowhouse Canyon. The north approximate two-thirds of the -tract is fairly level land fronting to East 19th Street. The south one -'third of the tract is rough sloping land falling off into the canyon. 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 north tip of the tract is zoned R-2, Two Family Residential, but the south and major part of the tract 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. lz'xi.q� { "" "� :.rum 19,51 SITE SKETCH o •Q M , 93,E Z o STq� s � T�� h S t 3 go cs QD mQ . . N W fN ~ �0' a e d OD � co N10 WOl Ilf W cinz A n O' v f N O .. Rlclit g�g� cE a R 9 t VN = - .491 g Tw� N z - ��i VI t 86.50' - - THIS PUNT BEARS NII 59'50 E 19►9 22'ANG Svu'UI'lu E 204 SI'rROM THE NORThwEST CORNER Of SECTION 3 BLOCK B, ANG THE SOUTHWEST CORNER M OF SECTIUN 4, BLOCK U. SAME BEING THE SOUTHEA.T CORNER Of A CERTAIN TRACT A - CONVEYED BY WILEY PUCKETT TO CALVE ELLISTON IN VOL- 12O. PG. BSA 3 Nyj ACRE TRACT OESCmbED IN VOL 1032, PG. 66 Dovld F. Trommel 10 Woodrow Lockhrt December 9, 1964 3 b No Text No Text Valuation'6f'the'Pro0erty 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 Suppl emwnt are summarized as follows: 'Indicates Land sale Pro Price _. 0 Date Acres '.Zo- .fling Rata 'PWAcre For Subject ON 1 4.78 1.0 R-1 No $2,40(? below $2,400 .: 12-72' .. 2 4.29 :.j _ R-1 No ., ... ..$1,165.50 above $1,165.50 3- 0.73 - No $2,054 $2,054 1i-77� � R-1 4 2-78 0.152 R-1 Yes $3,947 below $3,947 Offer. it .current :1.0 R-1 Yes $2,500 below $2,500 Subject --- 0.399 R-1 No --- -- -- Subject is rated inferiorto Sale No. 1 because of the sales better topography. ISubject. i s '.rated better than Sale No. 2 due to. the; sale's, larger size and old sale date, Sale No. 3 is rated about even with subject. It had better topography but it also had an unpaid paving lien.. Sale No.` 4 is rated better than subject due to its smaller size and pro rata expense. Offer No. 1-is rated better than subject due to a better location.'. In the final analysis a price of $2,000 per acre was concluded as the most likely sale price for the subject property. - 0.399 acres @ $2,000 = $798 11 s ay ll Final Estimate of Value ------------ $800 25 R K E T DATA MAP AAVLOk 41 I it 10 pq Shiva sesamem a a MIA I 114 1 18; E19, fi fit:; i 3' i :© SAO oil ( Off'? s a too El .41436-- _ , C " ' oCAl So .: TM IAND SALE 60 CH at IQ MARi1N , MMI L 9 ~bit . . . . . . . . . . . .... J.Paitt LAND SA LAW SALE #3 a I ..... ..... ........ ......... . ... .7— . . . ......... ..... ........... . ........ . rum Subject Lgbjqwu, k LAND OFFER #1 LAND SALE IM TM -��'f74�s.,r����'��' y r?F"�k�$�+'ees'�"�;�.m-,s�.h'':���+t:� �: -, �xtrr cta• sem.• :«,,;a*.: fi"'=.r,,,prr,F e.--.i>._M. ,:�, 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, i estimates, or opinions furnished by others and used•in making this appraisal.. i 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. l 4. The appraisal fee is not, in any sense, contingent upon anything other than delivery of this report. L 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 reportsus -, (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. ON f QUALIFICATIONS OF Mri4Y 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. 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 - p resently, Lubbock, Texas Manager - Property Evaluators, Inc. '- 1966 -San Angelo, Texas Review and Staff Appraiser - Texas Highway Department - 1963 to 1966, Odessa; Texas ME 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 Herrill 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