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HomeMy WebLinkAboutR80-205 O0 I CITY OF PLAINVIEW I RESOLUTION NO. R80-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXA~ ESTABLISHING FAIR MARKET VALUE FOR THE PARCELS OF PROPERTY LISTED HEREIN AND LOCATED IN THE PLAINVIEW COMMUNITY DEVELOPMENT STORM DRAINAGE PROJECT AREA. WHEREAS, THE City Council of the City of Plainview desires to establish fast market value for property located in the City of Plainview's Community Development Strom Drainage Project area; and WHEREAS, the Community Development Department has obtained an appraisal from a qualified real estate appraiser,under contract, for his determination as to fair market value; and WHEREAS, the review appraiser has submitted his report including his opinion of the fair market value; and WHEREAS, the City Council of the City of Plainview has reviewed and discussed the appraisals and the report of the review appraiser; NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Plainview, to certify that the work of the appraiser and review appraiser has been performed in a competent manner in accordance with applicable State Law, the Housing and Urban Development (Public Law 93-383), and the Department of Housing and Urban Development policies and require- ments; therefore, the following fair market value is hereby established and the listed acquisition price is hereby approved. SECTION l: A. Tract l: 1. Owner: Fort Worth & Denver Railway Company 2. Appraiser and Date of ~ppraisal: David Julian, 11/5/79 3. Review Appraiser and Date of Review Appraisal: Walter Dodson, 1/4/80. 4. Fair Market Value: $100.00 5. Acquisition Price: $100.00 B. Tract 2: 1. Owner:r R.C. Sanders 2. Appraiser and Date of Appraisal: David Julian, 11/5/79 3. Review Appraiser and Date of Review Appraisal: Walter Dodson l/4/80. 4. Fair Market Value: $95.00 5. Acquisition Price: $95.00 C. Tract 3: 1. Owner: Azzie Fisher 2. Appraiser and Date of Appraisal : David Julian, 11/5/79 3. Review Appraiser and Date of Review Appraisal: Walter Dodson, 1/4/80. 4. Fair Market Value: $140.00 5~ Acquisition Price: $140.00 CITY OF PLAINVIEW no 08 D. Tract 4: 1. Owner: Lucia G. Mauricio. 2. Appraiser and Date of Appraisal: David Julian, 11/5/79. 3. Review Appraiser and Date of Review Appra sal: Walter Dodson 1/4/80. 4. Fair Market Value: $140.00 5. Acquisition Price: $140.00 E~ Tract 5: I. Owner Mary L. Forbes, et. al. 2. Appraiser and Date of Appraisal: David Julian, 11/5/79. 3. Review Appraiser and Date of Review Appraisal: Walter Dodson 1/4/80. 4. Fair Market Value: $140.00 5. Acquisition Price: $140.00 F. Tract 6: 1. Owner: A.B. Cross Estate. 2. Appraiser and Date of Appraisal: David Julian, 11/5/79. 3~ Review Appraiser and Date of Review Appraisal: Walter Dodson, 1/4/80. 4. Fair Market Value: $180.00 5. Acquisition Price: $180.00 G. Tract 9: 1. Owner: Atchinson, Topeka & Sante Fe Railway Company. 2. Appraiser and Date of Appraisal: David Julian, 11/5/79. 3. Review Appraiser and Date of Review Appra~sal:'~Walter Dodson, 1/4/80. 4. Fair Market Value: $295.00 5. Acquisition Price: $295.00 H. Tract 10: 1. Owner A.L. Higgins 2. Appraiser and Date of Appraisal: David Julian, 11/5/79. 3. Review Appraiser and Date of Review Appraised: Walter Dodson, 1/4/80. 4. Fair Market Value: $140.00 5. Acquisition Price: $140.00 I. Tract 13: 1. Owner: Higgins Gin Company 2. Appraiser and Date of Appraisal: David Julian, 11/5/79. 3. Review Appraiser and Date of Review Appraisal: Walter Dodson, 1/4/80. 4. Fair Market Value: $250.00 5. ~cquisition Price: $250.00 J. Tract 14: 1. Owner H.N. Wardlow and Jane La Font 2. Appraiser and Date of Appraisal: David Julian, 11/5/79.. 3. Review Appraiser~ and Date of Review Appraisal: Walter Dodson l/4/8o. CITY OF PLAINVIEW 4. Fair Market Value: $500.00 5. Acquisition Price: $500.00 Section 2: The appraisals indicate that the acquisition of the following tracts will.create an uneconomic remnant of the remain property, therefOre, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), the Mayor and City Council hereby declares as uneconomic remnants the tracts which, as a result of the acquisition of the strom drainage right-of-way channel, no longer have direct access to a dedicated street or the tracts that did not originally have direct access to a dedicated street when the channel right-of- way covers more than one-half (½) of the designated tract and authorizes the City Staff to offer the additional amounts indicated below as just compensation for the uneconomic remnants: A. Tract 2: $5.00, Adjusted Acquisition Price - $100.00. B. Tract 3: $10.00; Adjusted Acquisition Price.- $150.00. C. Tract 4: $10.00; Adjusted Acquisition Price - $150.00. D. Tract 5: $10.00; Adjusted 'Acquisition Price - $150.00. E. Tract 6: $20.00; Adjusted Acquisition Price - $200.00. F. Tract 9: $5.00; Adjusted Acquisition Price - $300.00. G. Tract 10: $10.00; AdjuSted Acquisition Price - $150.00. H. Tract 15: $200.00; Adjusted Acquisition Price - $700.00. Section 3: Total cost of acquisition, including amounts indicated Resolution No. R80-196, if all property owners: A. Refuse offer to purchase uneconomic remnants $18,612'.20. B. Accept offer to purchase uneconomic remnants.- $19,382.20. PASSED AND APPROVED this 22nd day of January, 1980. ATTEST: WALTER S.. DODSDI~, City Clerk BURLINGTON NORTHERN FORT WORTH AND DENVER RAILWAY COMPANY A SUBSIDIARY OF BURL NGTON NORTuERN FOR'f WORTH CLUB BUILDING, POST OFFICE BOX 943, FORT WORTH, TEXAS 76101, PHONE (817) 332-8131 INDUSTRIAL DEVELOPMENT AND REAL ESTATE DEPARTMENT Honorable J. Robert Wayland Mayor City of Plainview and City Council of Plainview, Texas P. O. Box 1870 Plainview, Texas 79072 December 18, 1979 Gentlemen: I would like to take this opportunity to restate, for the record, the Fort Worth and Denver Railway Company's verbal objection to proposed annexation of Parcel Number 7 of your annexation plan. As I pointed out to your honored body, we want to register the Railway Company's strong opposition to your proposed annexation of the Railway Company's track and right-of-way as outlined in Parcel No. 7 of your Exhibit "A". The description indicates that a strip of land approximately 300 feet wide and beginning at a point near future Interstate 27 and Highway 194 is proposed for annexation. Included within this 300 feet wide strip is Railway Company right-of-way which is 100 feet wide. Looking at your outline of Parcel No. 7, you can readily see the only purpose for including this strip is to reach your ultimate destination - - that is several lucrative industries to the west. We cannot stress strongly enough our total opposition to this pro- posed annexation plan as outlined. The Railway Company neither seeks, requests nor requires such services as the City of Plainview might offer if this.annexation becomes a reality. Strickly speaking - - from the Railway Company's view point, we would be afforded but one service, that being the privilege of paying more city taxes for services we neither seek, request nor require. Gentlemen, I appreciate your kind attention in this important matter and again request that Parcel No. 7 not be included in your annexation plans until such time as you are prepared to include for annexation other property to the north, not just a strip of land 300 feet wide merely to include the railroad. Again thank you. Yours very truly, H. D. Cochrum Land and Tax Commissioner STATE OF TEXAS § : COUNTY OF HALE § TO THE HONORABLE CITY COUNCIL OF THE CITY OF PLAINVIEW: NOW COMES, Plainview Oil Mill, Ltd, and respectively makes application to the said City of Plainview, (acting by and through its City Council) to designate the hereinafter referred to area as an industrial district persuant to the authority granted the City under section 5 of Article 970A Vernon's Annotated Civil Statutes and in this connection will show the said City Council as follows: That the area owned by it and described in Exhibit A attached hereto is used by it for the purposes of operating an oil mill. Through its facilities it crushes and processes sunflower seed and cotton seed~and all other vegetable oils and services Gins and its customers by supplying tb~m with goods and services. That it is the owner of the property described in Exhibit A attached. In connection with this application to designate such area as an industrial district the Plainview Oil Mill, Ltd., owner of said area agrees that the property will not be used for any purpose except the purpose for which it is presently being used without the consent and agreement of the City Council of the City of Plainview. Applicant agrees to this limitation and restriction in consideration of the City's designating said area as an industrial district and its agreement that Che said territory will not be annexed to the city for a period of seven (7) years. (1) That when this Application is approved by Resolution of the City Council then said resolution and this application shall constitute a contract and agreement between the City of Plainview and the Plainview Oil Mill, Ltd., its successors and assigns as follows: (a) That the area described in Exhibit A shall be an in- dustrial district. (b) That said area shall be immune from annexation by the City for a period of seven (7) years from the date of the approval of this application. (c) That the City shall have the rights accruing to it by reason of the property having been designated an industrial district as provided by Article 970A, Section 5, Vernons Annotated Civil Statutes. (2) That said area will not be used for any purpose except that for which it is presently being used without the consent of the City acting by and through its City Council. Respectfully submitted, PLAINVIEW OIL MILL, LTD. -2- STATE OF TEXAS § COUNTY OF HALE § BEFORE--ME, the undersigne~authority, on this day personally appeared ~/~,~ ,~., ~..~ ~ , known to me to be-~h~-~son ~se ~am~' ~s subscribed to the foregoing instr~ent, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and iq~ the capacity therein y stated ~ ~ ~~~~~ ~ ~ ~iw~ ~ ~= ~ ~ s~m~ 0~ 0~c~, t~is /~ ~ ~y ~~, .~, A. D. 1979. ~~ N°tar~ic, ~le Count~ Texas Name of Notary Public (printed) EXHIBIT A ALL OF THE SOUTHEAST ONE-FOURTH (SE/4) OF SECTION TWENTY-FOUR (24), BLOCK JK-2, G. C. & S. F.- RAILWAY COMPANY SURVEYS, IN HALE COUNTY, TEXAS, LYING NORTH OF THE FORT WORTH AND DENVER RAILWAY RIGHT-OF-WAY AND CONTAINING 40 ACRES OF LAND, MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: A 39.93 ACRE TRACT OUT OF THE SOUTHEAST ONE-FOURTH (SE/4) OF SAID SECTION 24 DESCRIBED AS FOLLOWS: BEGINNING at an old wagon spindle at the Northeast corner of the Southeast one-fourth (SE/4) of Section 24, Block JK-2, G. C. & S. F. Railway Company Surveys in Hale County, Texas; THENCE South 89 degrees 56' West a distance of 2,516.9' to a 5/8" steel rod set in the Northeast (NE) right-of-way of the Fort Worth and Denver Railway; THENCE South 61 degrees 16'. 50" East parallel to and 50' from the centerline of said railway right-of-way, a distance of 2,870.0'to a 5/8" steel rod in road and the East line of said Section 24; THENCE North 1,382.0 feet to the PLACE OF BEGINNING and containing 39.93 acres of land.