HomeMy WebLinkAboutResolution - 524 - URA Land Acquisition - F.A. Ussery - Public Park, Lake 6 YCL Project - 06/12/1980NCO
WMM: RESOLUTION #524 - 6/12/80
RESOLUTION
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 F. A. Ussery; 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. 99600-95-225: (See attached Legal description)
Purchased Price - $4,850.00 (Four Thousand Eight Hundred Fifty 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.
BILSTER, MAYOR
AT ST
t
I` -Evelyn Gaf ga, City Secietar4b&reasurer
i
APPROVED AS TO CONTENT:
Vicki Foster, Community Development Coordinator
Apppme�d as ttoo (form:
Assistant City Attorney
A tract of land located in Section 4, lock
tract heretoforecoand in nveyedto
otrOLlock
-
B, Lubbock County, Texas, being the sa
F. A. Ussery in Volume 338"page 349, dated March 12, 1947, and in
Volume 477, Page 206, dated April 7, 1952, being further described as
follows: BEGINNING at a 3/8" iron rod (found) which bears N. 89 58 30 _
E., 954.23 feet and S. 0033106" W., .39.94 feet from the Southwest
corner of Section 4, Block 0, and from the Northwest corner of Section
3, Block B, Lubbock County, Texas, said rod being, an "L" corn.ex of a -
199.02 acre tract heretofore conveyed to the City of Lubbock in Volume
1308, Page 129, for the Southwest corner of this tract; THENCE N.
00'33'06" E., along a line of said 199.02 acre tract, at 39.94 feet
pass a 3j8" iron rod (found) for a North corner of. said 199.02 acre
tract, said rod also being at the Southeast corner of a 0.646 acre
tract heretofore conveyed to E. C. Gregston in Volume 656, Page 235,
and continuing along the East line of said 0.646 acre tract, at 300.43
feet pass a 1/2" square metal tube (set) for the Northeast corner of ,
said 0.646 acre tract, same square tube also being the Southeast corner
of a•0.176 acre tract heretofore conveyed to E. C. Gregston :tn Volume
656, Page 235, and continuing along the Eastt-line of said 0.176 acre
tract for a total distance of 420.43 feet to a 3/4" iron pipe (found)
at the Northeast corner of said 0.176 acre tract, and for the Northwest
corner of this tract; THENCE S. 72°28104 " E, a distance of 377..72 feet
to a 1/2" square metal tube (set) for the Northwest corner of a 0.982
acre tract heretofore conveyed to Annie Hall in Volume 951, Page 103,
for the Northeast corner of this tract; THENCE S. 00001130" E., along .
the West line of said 0.982 acre tract, a distance of 306.47 feet to a
3/4" iron pipe (found) in the North line of 'said 199.02 acre tract, for
the Southeast corner of this tract; THENCE S. 858130" W., along the
North line of said 199.0 9
2 acre tract, a distance of 364.36 -feet to the
Point of Beginning. .
s ' JUN 2 9980 -
ACQUISITION APPRAISAL REVIEW
PARCEL NO. 99600-95-225 PROJECT NAME Yellowhouse-, Lake 6: 5th Year C.D.
ADDRESS East 19th.Street'just south of Teak Ave.
OWNER (s) F. A. Ussery
TENANT (s) Vacant site
LEASEHOLD No
LEGAL DESCRIPTION:. See attachment for metes and bounds description
1. Acquisition appraisal received............... May 6, 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)
5. Person accompanying review appraiser ......................... Mr. Ussery, owner
6. On-site inspection of comparables........... .............. May 13th & 16th, '1990
(Date)
'7. Any report of unlawful condition or occupancy.............. No
8. Basis for conclusion as to fair market value: Arproval of the appraiser's valuation is
based on my inspection of-thet
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 $ 4,850.00 .
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 j
DATE Harold L.� KeI 1 SRP
_1_ -
YF' J r
Buildings & Structures
(Whole Taking) APPRAISAL REVIEW APPRAISAL
Valuation Valuation
1. None None None
2.
.4.
Garage .......................
Fence ....................... None None
Landscape.......... .....
Cellar ......................
Other.........................Well hole. cased None None
Other ........................
Other......
Fixtures ....................
Tenant -Owned Building, Structure,
Fixture & Other
. 1.
2.
Land .................. .......... 3.025 ac. 4,550 4,850
TOTAL :.......................... $ 4,550 $ 4,850
Partial Taking
Whole Property
Part Taken
Remainder Before
Remainder After
Damages
TOTALTAKING AND DAMAGES:....... ..................
-2-
APPRAISAL REPORT FOR THE CITY OF LUBBOCK
Project Yellowhoup,. Lake 6 5th ypa C D.._
Parcel Number 99fiffl-95- �5
Property Address East 19th Street just south of Teak Avenue and on -north -edge of Yellowhous
Interest Appraised _ Fee Simple Canyon
Property Owner F A Ussery
Dati,of Appraiser's Inspection 4-1-80 _
Owner or Representative Accorhpanying Inspection F. A. Ussery
Owners Plot 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 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, 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 imhrovement or project for which
the property 1s to be acquired for such improvement roject, other than that due
to physical deterioration within the reasonabl -o f the owner. In the case of
a partial taking, using the before-and-afte d f valuation, my opinion of the
value of the remaining not -to -be acquired p n 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 $4,550
as of 4-1-80 •
April 21 1980 '
Date Jimmy J, f a II.A.I.,S.R.P.A.
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 of Appraisal
This appraisal is required by the City of Lubbock for its quidance
in making fair and impartial determinations of fair market value
and the just compensation to be offered to the property owner.
Ownership
F. A. Ussery
4117 Cast 4th Street
Lubbock, Texas 79403
j
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.
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Sales History
The only recent sales of subject property are shown as follows:
(1) Grantor: =--:-- -
D. C. Beevers
Grantee; ----=-----------
F. A. Ussery
Book and Page: -=---------- .
338.-:349
_ _
Date: - --------=-------
3`12.-47
Recited Sale Price: ------
$1,000
Location: ==------------==
East;one acre'of�subiect property
(2) Grantor: ---= ------------
R. D.: Maynard
Grantee: -------- ---- --
F. A.}Ussery
Book and Page: _
477 - 206
Date: --------------- ------
4-7-52
Recited Sale Price:
$10
Location: -----------------
West two acres of subject property
Off -Record Title Information
The interview with the property owner did not produce any known
title information.
Delineation of Property
See next page.
A tract of land located in Section 4, Block O, and in Section 3, Block•
B, Lubbock County, Texas, being the same tract heretofore conveyed to
F. A. Ussery in Volume 338, page 349, dated lHarch 12, 1947, and in
Volume 477, page 206, dated April 7, 1952,' being further described as
follows: BEGINNING at a 3/8.0 iron rod (found) which bears N.. 89'58130"
E., 954.23 feet and S. 00'33106" W., 39.94 feet from the Southwest
corner of Section 49 Block 0, and from the Northwest corner of Section
3, Block BO Lubbock County, Texas, said rod being an "L" corner of a
199.02 acre tract heretofore conveyed to the City of 'Lubbock in Volume
1308, Page 129, for the Southwest corner of this tract; THENCE W.
0003306".E., along a line of said 199.02 acre tract, at 39.94 feet
pass a 3/8" iron rod (found) -for a North corner of said 199.02 acre
tract, said rod also being at the Southeast corner of a 0.646 acre
-tract heretofore conveyed to E.. C. Gregston in Volume 656, Page 235,
and -continuing along the East line of said 0.646 acre tract, at 300.43
feet pass a 1/2" square metal tube (set) for the Northeast -corner of
said 0.646 acre tract, same square tube also being, the Southeast corner
of a•0.176 acre tract heretofore conveyed to E. C. Gregston In Volume.
656, Page 235; and continuing along the East line of: said 0.176 acre
tract for a total distance of 420.43 feet to a 3/4" iron pipe (found)
at the Northeast corner of said 0.176 acre tract, and for the Northwest
corner of this tract; THENCE S, 72'28104" E, a distance of 377.72 feet
to a 1/211 square metal tube (set) for the Northwest corner of a 0.982
acre tract heretofore conveyed to Annie Hall in Volume 951, Page 103,
for the Northeast corner of this tract; THENCE S. 00'01130" E., along
the West line of said 0.982 acre tract, a distance of 306.47 feint to a
3/4" iron pipe (found) in the North line of*said 199.02 acre tract, for
the Southeast corner of this tract; THENCE S. 89°58130" W., along the
North line of said 199.02 acre tract, a distance of 364.36 feet to the
Point of Beginning.
1
Heiahborhood Analysis
MW 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.
PeThis 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
DOand commercial growth direction of the city which is southwest.
This neighborhood has an ample supply of vacant land if the demand
hofor 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.
a _.
..........
-fix 34 AP
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SUBJECT
PROPERTY
j ` I AGRICULTUML
USE
"I a 49
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• Description of Improvements
The property is vacant and.unplatted land. The only improvement
e •
Is some barbed wire, 'wood and picket fences on scrap posts which
are in poor condition and do not add any significant value to the
` property. City water and sewer pro rata expense has not been paid
on this property.
Site Data
This tract-is 3.025 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 or gutter. The tract is alone the
edge of Yellowhouse Canyon. About one-half of the land is near level
land along 19th Street and one-half is rough land sloping sharply
toward the lake .in the lower part of 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 site is zoned R- 2, Two
Family Residential.
City water and sewer would be available after platting and payment
of pro rata expenses. Other utilities are also available.
ti
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Taxes
Assessed Value
Aunt -
:Tax Amount
City and School :$2;080
$51.58
State and County 740
12.39
Total
$63.97
..Use and Occupancy-
The land was vacant at the time of the appraisal
The
inspection and
without any existing use. The owner reported that the tract has
been in a vacant state for a number of years.
Rental Information
None known.
Annual Operating Costs
Does not apply.
Highest and Best Use
The highest and best use of subject property is
for one or two
family residential use.
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Valuation of the Property
The subject property is vacant except for the fencing and the
only meanirfgtui _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
1 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 -.73 R-1 No 2,054 below $2,054
Offer #1 current. 1.0 R-1 Yes. 2,500 below $2,500
Offer #2 current 10.86 R-1 No 1,250 above $1,,250
Subject ---- 3.025 R-2 No ---- ----
Sale No. 1 is better located than subject and has better topography.
It is all level usable land. Sale No. 2 has similar terrain but is
-an older sale. Sale.No. 3 is a smaller tract that is all level land,
subject is rated inferior. Offer No. 1 has better topography and
pro rata expense paid. Offer No. 2 is all level land and is better
located but is much larder in size. The smaller tracts tend to sell
for higher per unit prices.
In the final analysis it was concluded that $1,500 per acre was the
most likely market value conclusion for subject property.
3.025 acres 0,$1,500 = $4,537.5
„say„
Final Estimate of Value $4,550
14
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MARKET DATA MAP
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Let Am - I at all
LAND OFFER I
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LAND OFFER
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LAIID SALE
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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 f=urnished 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.
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
ON'Hated to the public through advertising media, public
disseminated
relations media, news media, sales media or any other public
means of communication without the prior written consent and
approval of the undersigend.
This
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QUALIFICATIONS OF JIMMY J. GODDARD, M.A.I.,rS.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
El 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
niversityLubbock Christian College
1
h:;. � - ti` ,q. :t<, .! � . Y s .{i ...� k Yd.,Y ; ] �y -'� t.0 N �. w' .�♦ +r 4.K , �'K .. ♦ 37 i '� ._. .w�`x G`krr-t+t `i.-? t4r.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 ' tist' 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