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.