HomeMy WebLinkAboutResolution - 525 - URA Land Acquisition - Fred Flewellen - Public Park, Lake 6 YCL Project - 06/12/1980WMM:pc RESOLUTION #525 - 6/12/80
RESOLUTION
5
�� A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR
1� 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 Fred Flewellen; 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. 99600-895-270: (See attached Legal description)
Purchased Price - $2,350.00 (Two Thousand Three 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 June , 1980.
PTLU
A
Mc ISTER, MAYOR
ST:-..-__.
elyn Gai7ga,,City Sec etar reasurer
Approved as to roma: _
APP OVEP.AS TO CONTENT:
)'e / J o aZ% Assistant Cky ney
Vicki Fos"ter, Community Development Coordinator
9�1o00 ` X' -51'S �p
A tract of land located in Section 4, Block 0, Lubbock County, Texas,
being the same tract heretofore conveyed to Fred Flewellen in Volume
985, Page 446, dated April 7, 1964, being further described as follows:
BEGINNING at a 1/2" iron rod (found) in the East line of a 0.646 acre
tract heretofore conveyed. to E. C. Gregston in Volume 656, Page 235,
and being the Northeast corner of a 0.697 acre tract heretofore conveyed
to the City of Lubbock in Volume 1370, Page 314, said rod bears N.
89`58'30" E., 846.99 feet and N. 0011114" E., 191.87 feet from the
Southwest corner of Section 4, Block 0, Lubbock County, Texas; THENCE
N. 72'27120" W. along the North line of "said 0.697 acre tract, a
distance of -47.40 feet to a 1/2" iron rod (found) as a North corner of
said 0.697 acre tract, said rod being a South corner of this tract;
THENCE S.- 87003123" W., along the North line of said 0.697 acre tract,
at 105.46 feet pass a 3/4" iron pipe. (set) at the Northwest corner of
said 0.697 acre tract, said pipe also being the Northeast corner of a
2.543 acre tract heretofore conveyed to the City of Lubbock in Volume
1408, Page 987, continuing along the North. line of said 2.543 acre
tract for a total distance of 146.44 feet to a 3/4" Giron pipe (found)
in the North line of said 2.543 acre tract, for the Southwest: corner of
this tract, and being the Southeast corner of a 2.848 acre tract heretofore
conveyed to Deema McIlhaney Endsley in Volume 953, Pape 479; TBENCE N.
000,06100" E., along the East line of said 2.848 acre tract, a distance
of 223.25 feet to a 3/4" iron pipe (found) for the Northeast: corner of
M said 2.848 acre tract, and being the Northwest corner of this tract;.
THENCE N. 87*00'14" E. a distance of 146.35 feet to a 3/4" iron pipe
(found) for a North corner 'of this tract; THENCE S. 72'28'04" E. a.
distance of 47.81 feet to a 3/4" iron pipe (found) for the Northwest
corner of a 0.168 acre tract, heretofore conveyed to" W. Leroy Waggoner
in Volume 1144, Page 91, for the Northeast corner of -this tract; THENCE
S. 00011114" W., along the West line of said 0.168 acre tract, at
154.65 feet pass a 1/2" square metal tube (set) at the Southwest corner
of said 0.168 acre tract, said tube also being the Northwest corner of
said 0.646 acre tract heretofore conveyd to E. C. Gregston in Volume
656, Page 235, continuing along the West line of said 0.646 acre tract
for a total distance of 223.27 feet to the Place of Beginning.
4UN 1 2 198
d
ACQUISITION APPRAISAL REVIEW
PARCEL NO. 99600-895-270 PROJECT NAME Yellowhouse, Lake 6: 5th Year C.D.
ADDRESS East 19th Street just south of Spruce Ave.
OWNER (s) Fred Flewellen
TENANT (s) Vacant site
LEASEHOLD No
LEGAL DESCRIPTION: See attachment for metes & bounds describtion.
1. Acquisition appraisal received ............................ May 12, 198.0'.
(Date)
2. All corrections by appraiser completed..................... May 27, 1980
3. Appraisal is adequate and acceptable....................... Yes
4. On-site inspection of property ............................... Nay 16, 1980
(Date)
-5. Person accompanying review appraiser....... ................ None
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.
In my opinion the final estimate is $ 2,350.00
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 SER
Harold L. Kelly, SRPA
4
-1-
Buildings. & Structures
(Whole Taking)
APPRAISAL
REVIEW APPRAISAL
Valuation
Valuation
1. None
None
None
2.
3.
4.
Garage......................
Fence......... ............
Landscape...................
Cellar......................
_
Other.........................
Other..... ............. ...
Other... ..................
Fixtures ....................
Tenant-Owned Building, Structure,
Fixture & Other
1.
2. .
Land........................... .982 ac.
TOTAL :..........................
$ 2,350
2,350
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APPRAISAL REPORT FOR THE CITY OF LUBBOCK
Project Yellowhouse, Lake 6, 5th Year C.D.
Parcel Number 99600-895-270
Property Address E.19th St. just south of Spruce Avenue and on north edge of Yellowhouse
Interest Appraised Fee Simple Canyon
Property Owner Fred Fiewellen
Date of Appraiser's Inspection 4 -1 -80 --
Owner or Representative Accompanying Inspection none
Owners Not Present at Inspection Fred Flewellen
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,iiro interest that would conflict in any
way with the services performed or the
`' Rg 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 I1 of the Act. �
It is my opinion that the fair market value of property to be acquired is $ 2,-48[1'
as of 4-1-80 .
April 29, 1980
Date Jim Goddard, Pi.A.I.,S.R. .A.
Puroose 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 guidance
in making fair and impartial determinations of fair market value and
the just compensation to be offered to the property owner.
Ownership
Fred Flewellen
1802 East 24th Street
Lubbock, Texas 79404
7 -
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
Pie 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 sale of subject property in recent years was as follows:
Grantor:---------=`------` Deema Mcllhaney Endsley
Grantee: ----------------- Fred Flewellen
Book and Page:
----------- 985-446
Date: -------------------- 4-7-64,
Recited Sale Price: ------ $2,500
Off -Record Title Information
The interview with the property owner did not produce any known
title information.
Delineation of Property
See attachment.
,
... ^i•. .. �, �, N .*i ..� i �4�';��r�3i`�r'Ra,r.�.e.°i..:cr�$F.36 Y3.m3,w�.�aa lLsw:�'.iiY4 +i'.39f'n .,k
.. �R ., nv � b •Y':rb���4 � $� ,t4�, .,'��"' .�" ,. i�5: ' tti� , L^kY s � 3 `��.a
A tract of land located in Section 4, Block 0, Lubbock County, Texas,
being the same tract heretofore conveyed to Fred Flewellen in Volume
985, Page 446, dated April 7, .1964, being further described as follows:
BEGINNING at a 1/2" iron rod (found) in the East line of a 0.646 acre
tract heretofore conveyed to E. C. Cregston in Volume 656, Page 235,
and being the Northeast corner of a 0.697 acre tract heretofore conveyed
to the City of Lubbock in Volume 1370, Page 314, said rod bears N.
89*58'30" E., 846.99 feet and N. 00"11114" E., 191.87 feet from the -
Southwest corner of Section 4, Block 0, Lubbock County, Texas; THENCE
N. 72'27120" W., along the North line of said 0.697 acre tract, a
distance of 47.40 feet to a 1/2" iron rod (found) as a North corner of
said 0.697 acre tract,. said rod being a South corner of this tract;
THENCE S. 87°03'23" W., along the North line of said 0.697 acre tract,
at 105.46 feet pass a 3/4" iron pipe. (set) at the Northwest corner of
said 0.697 acre tract, said pipe also being the Northeast corner of a
2.543 acre tract heretofore conveyed to the City of Lubbock in Volume
1408, Page 987, continuing along the North line of said 2.543 acre-
tract
cretract for a total distance of 146.44 feet to a 3/4" iron pipe (found)
In the North line of said 2.543 acre tract, for the Southwest corner of
this tract, and being the Southeast corner of a 2.848 acre tract heretofore
Conveyed to Deema Mcllhaney Endsley in Volume 953, Page 479; THENCE N. .
00'06100" E., along the East line of said 2.848 acre tract, a distance
of 223.25 feet'to a 3/4" iron pipe (found) for the Nor.tbeast corner of
said 2.848 acre tract, and being the Northwest corner of this tract;
THENCE N. 87'00114" E. a distance of 146.35 feet *to a 3/4" iron pipe
(found) for a North corner of this tract; THENCE S. 7228104 " E. a
distance of 47:81.feet to a 3/4" iron pipe (found) for the Northwest
corner of a 0.168 acre tract heretofore conveyed to W. Leroy Waggoner .
in Volume 1144, Page 91•, for the Northeast corner of this tract; T1IENCE
line of said Q.168 acre tract, at
S. 0011'14" W., along the West
154.65 feet pass a 1/2" square metal tube (set) at the Southwest corner
of said 0.168 acre tract, said tube also being the Northwest corner of
said 0.646 acre tract heretofore conveyd to E. C. Cregston in Volume
656, Page 235, continuing along the West line of said 0.646 acre tract
for a total distance of 223.27 feet to the Place of. Beginning.
T
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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
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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32
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SUBJECT
PROPERTY
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1 USE
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Descriation of Improvements
The property is vacant, unimproved, unplatted land. City water or
sewer pro rata has never been paid on this property.
Site Data
.This tract is 0.982 acres in size with dimensions as can be observed
from the following site sketch.
The site ftdnts to East 19th Street, which is paved but without curb
and gutter. The tract backs up to the canyon. The rear 20 feet or
so of the tract drops off steeply -to about a 15 foot lower elevation.
It.appears that a portion of subject has been filled. Except for
the rear approximate 20 feet, the tract lays fairly level.
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 expense. Other utilities are also available.
i
i
'Will
SITE SKETCH
!.MEET
19TH STREET
t
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V
o
g
O 982 ACBE TRACT
.3C ..
aD
t ?_t W O c N+ ��
N
a��ppp N
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DESCRIBED 1N VOL. 985, PG 446
Deamo Melllwney Endsley to Fred Flewellen_
td�i = N a >W
�o Lei
w
N
Apt11 7, 1964 N wco W t3 t` oin
N u
ip
ALSO DESCRIBED IN GEED OF TRUST iN VOL.486 PG.390, N
Fred Flewetten b Louro Grimes
o x z
M
n
•
August 1, 1968
„ N
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50
-...58.89, .�
N89°58'3d'E 106.89•
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THIS PAINT DEARS Ne9951(30"E
646.99 AND NO0'If'14"E 260 49i
FROM THE SOUTHWEST CORNER
0, SECTION 4, BLOCK O.
O
N
Qs
.,....N87
►_
q 146.44
03 23" E_. - -- SrZo ,
2? ?Q�K+,:
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a
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105.46 4
0
n
got` v
0697 ACRt TRACT
aoo - N
M
N �0�
> O T.
W
PREVIOUSLY
o DESCRIBED IN VOL 1305, PG. 216
� W
o A- cc
tD m ii --in
ao John L. Gdhspie to H G Burcnett ao
00 October 3.1967
3 a`� "31 in
a Y p
°
—
Gof-j
N
H G Burchell it, [',qty oft uGt»rt'h
- ' -z
OUrr CLAIM DEED VOL 1370, PG. 314
8
December 19, 1973
�N 4, BLOCK O
KED BY SYLVAN
A'�Rp
S.Q%i%S 1951 �
THIS POINT FEARS Ne906e'3dc
946.99 FROM THE SOUTHWEST
CORNER OF SECTION 4.6LOCK O a
15000" _ - — \
li
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Taxes
A ent
Assessed Value
Tax Amount
City and School
$710
$17.61
State and County
200
3.35
Total
$20.96
Use and Occupancy
The land was vacant at
the time of the appraisal
inspection and.without
any existing use.
Rental Information
None known.
Annual Operating Cost
Does not apply.
Highest and Best'Use
The highest and best use
of subjects property is
for one or two family
residential use.
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Valuation of the Property
The subject property is vacant land and 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 Acres Zoning Rata .Per Acre For Subject
list
1 4-78 1.0 R-1 No $2,400 $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. $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 4-64 0.982 R-2 No 2,546 $2,546
Sale No. 2 is a larger tract that sold several years ago and sets the lower
limits of -the value range. Sale No. 4 and Offer No. l set the upper limits
of the value range. Sale No. 4 is a much smaller tract with pro rata paid.
Offer No. 1 is very similar except in a better location due to quality of
immediately surrounding development. Sales Nos. 1 and 3 are roughly equal
with subject indicating $2,054 to $2,400 per acre. The records indicate
that subject sold in 1964 for $2,546 per acre. By allowing the greatest
weight to Sale No. 1 a value conclusion of $2,400 per acre is concluded.
E 0.982 .acres @ $2,400 = $2,356.80
..say..
$2,350 ------- FI14AL ESTIMATE OF VALUE
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MARKET DATA MAP
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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 goad.
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
anything other than delivery of this report.
1
dial
RESTRICTIONS
. _, ". _ i - :--i"'asr r+,.r"f�Lf3d..�.P:r�i'.1as°.ai:�xai�sii�i�i6ir` _-i--•t�y, 7u v_4i. "t '�r__.
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.
E
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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 Corrse'VIII, American Institute of Real Estate Appraisers
Positions'Held:
Owner - Goddard and Associates - presently, Lubbock, Texas
f 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 1. 1976 - 1977
Instructor - Texas Tech University
} Lubbock Christian College
._ Y 3: aT' �s.r f'c" �• i. � 1 4iX '�.'.... ! .X Y, :, ,. ': � _ a Y
.w,,.._.�..- _ :.t ..d.c•. _.a......+31.•+ L,aey%f.,..'.x'�..s - • "� - =' "—�_��.1�t..%:,_ +Yc4X: = .�:. _� _
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