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HomeMy WebLinkAboutPO 5934: ABNDONMENT, VACATING AND RELINQUISHING INTERSECTION OF LAUREL AND REDBUD~~ ~t .t A~ wi"~- . INTEROFFICE MEMORANDUM To: STEVE FITZGIBBONS, CITY M.gNAGER AND THE CITY COUNC][L FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING susJECr: A08-01 (ABANDONMENT OF ABOUT 2.334 ACRES CONSISTING OF STREETS IN FAIRLEA ADDITION BY REDBUD AND LOCUST, LAUREL AND HOLLY AND 32ND STREET) THE LOCATION IS EAST OF 32ND STREET AND SOUTH OF THE LOWER NECHES VALLEY" CANAL IN THE CITY OF PORT ARTHUR ,JEFFERSON COUNTY„ TX ) DATE: 11/18/08 BACKGROUND: Total Industry has been expanding their terrain since 2005. The Fairlea Addition was the area selected for the expansion process; it is closest to their refinery in the ETJ (;(Extra Territorial Jurisdiction). The industry has since bought most of the houses and lots except for ten remaining. Seven householders remain and three lots, though vacant, are not owned by Total. Contracts are pending on three other lots, shown as almost green color with blue representing the houses (See Exhibit A- chronicled events). Exhibits "B" will illustrate the appraisal sites and letter so skating the price of right of ways th~.t the Industry now wishes to abandon. A public hearing was therefore requested in accordance with the Local Government Code and Chapter 94- Article VII of the City Code. The public hearing was on October 7 . This meeting is to finalize the transfer of property Applicant- Total Industry (Pat Avery-Representative). Owner- same RECOMMENDATION: The Planning and Zoning Commission recommends these right-of--ways for abandonment on August 18, 2008. BUDGETARYIFISCAL EFFECT: The; City will obtain revenue from this abandonment 1 , A08-O1 (Abandonment of about 2.334 acres) STAFFING/EMPLOYEE EFFECT: Contractual Matters shall be attended to promptly after City Council's decision SUMMARY: The abandonment of the property should be; approved with the consent of the owner willing to comply with all the City's Subdivision Rules, City Ordinances and Code>. The process will be complete with signing of the Special Warranty Deed. 2` I'.O. NO.5934 11/18/08 CWR ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING A,N ABANDONMENT, VACATING AND RELINQUISHING THE 2.334 ACRES CONSISTING OF STREETS BY TI~~ INTERSECTION OF LAUREL AND REDBUD, 39~ APfD GRANDVIEW AND 32ND AND GRANDVIEW AND DEPICTS:D ON THE DISPLAY AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE. (A08 Ol -TOTAL) WHEREAS, under Section 272.001, Texas Local Government Code ,and Article I, Section 7 of the Charter of the City of Port Arthur, the City has the power to abandon and vacate streets, public road rights-of--way, alleys andl easements, subject to the provisions of Article VI. (Abandoning and Vacating City Streets, Alleys and Easements; Conveying., Selling and Exchanging City Land) of Chapter 94 of the Code of Ordinances of the City of Port .!~rthur; and, WHEREAS, a request has been received to abandon certain streets located in the :Fairlea Addition, City of Port Arthur, Texas as denoted in Exhibit "A"; and WHEREAS, the City Council held a public hearing on October 7, 2008 at 9:00 a.m., after giving notice to all property owners v~rithin 200 feet and publishing notice in the official newspaper of the City; and, WHEREAS, recommendation of approval from the Planning and Zoning; Commission has been received and considered; and, WHEREAS, the City Council has determined that the proposed aba~idonment and vacation is for a public purpose and is in the public interest; and, that all requirements of Article VI of said Chapter 94 and all other applicable ordinances and laws have been satisfied.; now, therefore, N.O. NO. 5934 11/18/08 Page 2 of 6 BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That the facts and opinions in the preamble are true and correct. SECTION 2. That the following; described public streets in the City of Port Arthur be, and the same are hereby abandoned, vacated and relinquished to the owners of the abutting property, as to all rights and interest of the City of Port Arthur therein, ~to wit: 2.334 Acres Consisting Of Streel:s by the Intersection of Laurel and Redbud, 39th and Grandview and 32°d and Grandviiew SECTION 3. That this Ordinance is contingent on the following: Payment to the City of Port Arthur of $8,200 is determined by "EXHIBIT B" SECTION 4. That the Mayor shall be authorized to execute a Special Warranty deed (in a form substantially in accordance with Exhibit "C") conveying the abandoned property to TOTAL Petrochemicahs, Inc. once the funds are received. SECTION 5. That if any portion of this Ordinance shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provision hereof. SECTION 6. That a certified copy of this Ordinance shall be filed for record in the Office of the County Clerk of Jefferson County, Texas. Y.O. NO. 5934 11/18/08 Page 3 of 6 READ, ADOPTED AND APPROVED this day of November, A.;D., 2008 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR COLiNCILMEMBERS NOES: ATTEST: MAYOR ACTING CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER DIRECTOR OF PLANNING P.O. NO.5934 11/18/08 Page ~ of 6 EXHIBIT "A" (CHRONICLED EVENTS WITH REQUEST FOR CHANGES) TOTAL PETROCHEMICALS Port Arthur Refinery June 24, 2008 Mr. Dale Watson Planning and Zoning Director City of Port Arthur 444 4th Street Port Arthur, Texas 77640 Subject: Abandonment /Fairlea Addition -Revised Case # A06-04 and A06-OS Dear Mr. Watson: I am in receipt of your email dated June 12, 2008 where you indicate the only remaining issue is not accepting the request to abandon the section of Laurel Street between Locust and Beech. I have adjusted the following to reflect that change so please consider the following fir abandonment: • Laurel street area adjoining Lot 10 of Block 1:3 and Lot 1 Block 14 of Fairlea Addition • Laurel street area adjoining Lots 20 & 10 of Block 5 and Lots 11 & 1 of Block 6 of ]Fairlea Addition • Redbud at Laurel adjoining Lots 2-10 of Blockk 6 and Lots 21-11 of Block 2 of Fairlea Addition. • 39th at Grandview area adjoining Lots 10 & 20 Block 14 of Fairlea Addition • 32°d street adjoining Lots 11 & 1 of Block 11 of Fairlea Please notify me at 409-963-6869 or by email ~~at.avery~a~total.com as to the next step for t:he abandonment process and I will provide any further needed information as well. You may also contact my assistant, Mrs. Joni Newton at 409-963-6040 or by email to ijoni.nev~~ton~utotaLcom Best Regards, 1 \ ~i ~\ ~ (,~~~ Patricia L. Avery °`-~~, ~ Administrative Manager ~` PLA/bw: jn Attachment File (1) ~~ i -~~ F `I ROi Hi~i. AL ~' US a IP I~ C ? F4:!, Fort nrt11 i, T`~ 1754 J i ila,: bC c~ ~1"~ S~ireel, mot i Ari;~ur 7h i ~ 642 TOTAL. e1:4U9.953.5iQ0-F~X:4U9.96288r'0 0 0 N N U H Z Q J H Q J N N N v N t G C C M 01 w t t: O N rn O rn aD O N rn CO O rn tlD N rn ~D ~ a0 r tp N_ C M r tD N C M r l0 O N R _M r ~ ~ ~ M r r ~_ ~_ d M N N N N j N ~s+,{Y.,~i~J N O J Q 7 4 N W J I O N rn rn rn rn rn W m V oo ^ w N co m 0 W r n V r co m m co O co m V, ~ N V M « 7 C M ~ to V M J h C M i'7 e~ to <_ M N H W~ Q' W J J O N rn N O rn N N F W G' d' W J J O O N _rn rn N N rn OD r co OD r ~ OD r_ co OD r ~n N W_ n_ m ~ ~ ~_ M ~ ~ M ~ ~_ M a M <_ M N = O J J Y N N N S O J J~ N 0 0 0 o c N N rn rn N rn N rn m W V ro m ro °r G ro W r ~ V O r r Z ~ m m co J w ~o ~ U~ a M N v M N v M N ~ M N T ~_ M N M N C 'O f 1: ~ .~~ ., V J J a a Q I" P.O. N0.5934 11 / 1 x/08 Page 5 of 6 EXHIBIT "B" (APPRAISAL LETTER, STATING PROPERTIES & COST PER ACRE) A Summary Appraisal Report of Various street right-of--way in the Fairlea Addition, P1:.Arthur, Texas FOR. Ms. Brigid Walls TOTAL Petrochemicals USA, Inc. Hwy 366 & 32°d Street Pt. Arthur, Tea:as 77642 AS OF October 20, 2008 BY BISHOP REAL ESTATE, APPRAISERS, INC. Jimmy W. Bishop MAI, SRA 4749 Odom Road, Suite 101 Beaumont, Texas 77706-6908 BISHOP REAL ESTATE APPRAISERS, INIv. October 21, 2008 Ms. Brigid Walls TOTAL Petrochemicals USA, Inc. Hwy 366 & 32°d Street Pt. Arthur, Texas 77642 RE: A Summary Appraisal Report ofvarious street right-of--way in the Fairlea Addition, Pt. Arthur, Texas. Dear Ms. Walls, Pursuant to your request, I have personally inspected and analyzed the above captioned property for the purpose of estimating its Market Value, excluding minerals. Please refer to the Scope of Work on Page 6 for an outline of the appraisal process utilized for this analysis. Based primarily on the facts and analyses contained in this report, it is my opinion the Market Value of the property, assuming no environmental issues are present, as of October 20, 2008, was: EIGHT THOUSAND TWO HU]vDRED ($8,200) DOLLARS This report is subject to the Certification, General Limiting Conditions, and General Underlying Assumptions outlined therein. Presented on the following pages is a detailed report containing pertinent descriptive and market data considered in the estimate. If I can be of any further assistance, please contact rne. Respectfully submitted, BISHOP REAL ESTATE APPRAISERS, INC. w.~~ Jimmy W. Bishop MAI, SRA State Certified #TX-1320188-G General Real Estate Appraiser 4749 Odom Road, Suite 101, Beaumont, Tea~:as 77706 * 409/898-8800 * 409/898-8988 1 AERIAL PHOTOGRAPH (Taken in late 2005) .., .. . .., ,. ` _.:.. ..~ . _ - ;,. .... . .. ,~.::r.... -- MM.,!!w!MM,~ :. .. a ...~ Y 3~g.:. ~ j The red lines represent what I understand to be the right-of--way that is requested to be abandoned. I was not provided a copy of the Request for Abandonment and relied on the description provided on Page 26 as the basis for this drawing and analysis. EXECUTIVE SUMMARY SUMMARY OF SALIENT FACTS AND CONCLUSIONS APPRAISAL TYPE: Summary Appraisal Report PROPERTY LOCATION: The six street right-crf--ways are located in the Fairlea Addition of Pt. Arthur, Texas and include portions of Laurel, Redbud, 32°d and 39t" Streets. ESTATE APPRAISED: Fee Simple Estate OWNER: City of Pt. Arthur CLIENT: TOTAL Petrochemicals USA, Inc. LAND DESCRIPTION: There are six right-of--ways as follows: Tract 1 has 7,250 SF, Tract 2 has 14,500 SF, Tract 3 has 14,500 SF, Tract 4 has 33,500 SF, Tract 5 has 14,500 SF and Tract 6 has 17,400 SF for a total area of 101,650 SF or 2.:33 acres. They are asphalt paved streets with open drainage ditches. The area is near level and appears adequately drained. All public utilities are available. The adjoining property owner (Total Petrochemicals USA, Inc.) has requested these streets be closed and deeded to them to unify their land holdings in the neighborhood. The streets now sever their parcel ownerships. HIGHEST AND BEST USE: Non-economic remnant RECONCILED MARKET VALUE ESTIMAT]E .....................$8,200 EFFECTIVE DATE OF APPRAISAL: 10/20/2008 DATE OF REPORT: 10/21/2008 ESTIMATED EXPOSURE AND MARKETING TIMES: Indefinitely if not acquired by an adjoining property owner for expansion of their otlher lands. SALES HISTORY: The property has been in the same ownership for many years. It is not actively offered for sale but there is a potential pending sale between the City of Pt. Arthur and TOTAL. The final sales price has not yet been negotiated. EXTRAORDINARY ASSUMPTIONS & HYPOTHETICAL CONDITIONS: I have relied on the descriptions on Page 26 as the basis for the property to be analyzed and valued. The Scope of Work was to estimate the Market Value of this land as the adjoining property owner has approached the City of Pt. Arthur about its abandonment of use as public city streets. Based on my understanding of the Scope of Work, the analysis and valuation will be directed towards the market value of the real estate if sold in an open market situation rather than the tradiitional reversionary ownership that occurs when public right-of--way is abandoned. Also, I did not consider the potential for any enhancement to the adjoining property owners land iiF they purchase this street right-of--way. 4 VALUATION REPORT -SUMMARY FORMAT- DATE: October 21, 2008 TO: Ms. Brigid Walls TOTAL Petrochemicals USA, Inc. Hwy 366 & 32°d Street Pt. Arthur, Texas 77642 FROM: Jimmy W. Bishop MAI, SRA Bishop Real Estate Appraisers, Inc. 4749 Odom Road, Suite 101 Beaumont, Texas 77706-6908 PROPERTY IDENTIFICATION: Legal: The tracts are described on Page 26. No surveys were available as of the writing of this report. Local Address: The street right-of--way includes part of Laurel, Redbud, 32°d and 39~' Streets, Pt. Arthur, Texas 77642 PROPERTY RIGHTS/LEGAL CONSTRAINTS: The property rights being valued a.re fee simple. Fee Simple Estate, as defined in The Dictionary of Real Estate Appraisal, Fourth Edition, Page 113, is: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power and escheat. No mineral interest was included in this analysis. INTENDED USE AND INTENDED USER: T'he purpose of this appraisal is to develop an opinion of the Market Value of the Fee Simple Estate, assuming no environmental issues are present and without consideration to any mineral interests that may or may not exist. The report is to be used as a value basis for the possible sale of the right-of--way by the City of Pt. Arthur. The intended user and the clients are TOTAL Petrochemicals USA, Inc. and the City of Pt. Arthur. The original appraisal request was made by Mr. Mark Sokolow, Pt. Arthur City Attorney. He advised me TOTAL would be responsible for the fee and it was my understanding the report should be addressed to them to be proviided to the City. Ms. Brigid Walls confirmed that during our conversations about the project. VALUE DEFINITION: The value definition employed in this valuation is "Market Value,". Market Value, as defined in FIRREA, 12 C.F.R., Part 34, is: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and 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.• buyer and seller are typically motivated„ 2. both parties are well informed or well advised, and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and S. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by arryone associated with the sale. EFFECTIVE/DELIVERY DATE: Date property was visited - 10/20/2008 Effective Date of appraisal - 10/20/2008 Date of Report - 10/21/2008 6 Date range report was prepared - 10/16/2008 - 10/21/2008 Date report was signed and delivered - 10/21/2008 SCOPE OF THE ASSIGNMENT: As defined by the Uniform Standards of Professional Appraisal Practice, this is a real estate appraisal presented in Summary Format. This appraisal involves the use of all applicable approaches to value and concludes with an estimate of nnarket value based on an unconditioned definition. It has been my intention to prepare this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional Practice of the Appraisal Institute. This is the appraisal of six parcels of existing street right-of--way in the Fairlea Addition proposed for abandonment by the City of Pt. Arthur. This analysis will include use of the Direct Sales Comparison Approach since this is the most commonly utilized approach in the analysis and valuation of this type property. I visited the property and viewed (via driving the area) the characteristics of the immediate and general market area. My visit to the Subject Property included viewing each of the tracts along with aerial photos and several plats and maps I had available in my office and on-line. I relied on the descriptions on Page 26 as the basis for this analysis along with the Special Conditions previously outlined. My search for market data for use in the applicable approaches utilized the local MLS, local brokers, investors and other area appraisers. My market search included the entire Southeast Texas Market and I commenced rriy searches for data beginning about five years ago. Texas is anon-disclosure state. It is important that the intended users of this appraisal understand that in Texas, there is no legal require;ment for grantors or grantees to disclose any information relative to a transfer of real property, other than the recordation of the deed itsf;lf. In Texas, the deed contains no information about the transaction, including the purchase price. As a result, no data source provides absolute coverage of all transactions. It is possible that there are sales of which I am unaware. My data sources provide all the data typically available to appraisers in the ordinary course of business. This appraisal is not a property condition report, .and should not be relied upon to disclose any conditions present in the property. It does not guarantee that the property is free of defects. I am not a licensed inspector, and I did not make an "inspection" of the property as defined by 'TREC Rule 535.227-535.231 for real estate inspectors. I visited the property and developed impressions of physical characteristics based on my observation of apparent, not unapparent conditions. Nor am I qualified to detect or identify hazardous substances, which may, o~r may not, be present on, in, or near the subject property. The presence of hazardous materials may negatively affect market value. I have no reason to suspect the presence of hazardous substances, and I valued the subject assuming that none are present. No responsibility is assumed for any such conditions or for any expertise or engineering required to detect or 7 discover them. I urge the user of this report to obtain the services of specialists for the purpose of conducting inspections, engineering studies, or e-nvironmental audits. I did not perform a title search or survey of the subject property. Engineering studies, ADA determinations, surveys, title reports, and environmental audits are beyond the scope of work, as I am not qualified to detect or identify structural or mechanical deficiencies present in the improvements, nor hazardous substances that ma;y, or may not, be present on, in, or near the subject property. REGIONAL/CITY/NEIGHBORHOOD DATA: The property is located in the eastern part of the City of Pt. Arthur in the Fairlea Addition. This addition is generally between FM 366 and the Total Petrochemicals facility along the Neches River. Several years ago, the refinery owr-ers at that time (Fina) began purchasing the homes in Fairlea Addition due to on-going homeowner complaints about their industrial neighbor. Ovc;r the years, a majority of the homes were purchased and the improvements removed from the; lots. The sales were on a voluntary basis and there are still several homeowners that chose not to sell. For the most part, they are on the streets further removed from the refinery. Uses to tl~~e west are residential in nature with local commercial uses along FM 366 and industrial uses along the Neches River to the east. The streets in Fairlea Addition are asphalt paved two-lane residential width roadways with open ditches. All public utilities are available and extended to the various lots in the subdivision. Among the exhibits is an area map. TAX AND ASSESSMENT DATA: Since the subject property is owned by the City of Pt. Arthur, it is exempt from taxation and was not on the tax rolls. Should a sale occur to a non- exempt entity, the land will be added to the tax rolls in future years. LAND DESCRIPTION: There are six right-of--ways as follows: Tract 1 has 7,250 SF, Tract 2 has 14,500 SF, Tract 3 has 14,500 SF, Tract 4 has 33,500 SF, Tract 5 has 14,500 SF and Tract 6 has 17,400 SF for a total area of 101,650 SF or 2.33 acres. They are asphalt paved streets with open drainage ditches. The area is near level and appears adequately drained. All public utilities are available. The adjoining property owner (Total Petrochemicals USA, Inc.) has requested these streets be closed and deeded to them to unify their land holdings in the neighborhoodl. The streets now sever their parcel ownerships. SALES HISTORY: USPAP requires the appraiser to report and analyze any sales of the Subject Property over the last three years. Any current listings and/or pending sales should also be disclosed and discussed. The property has been in the same ownership for many years. It is not actively offered for sale but there is a potential pending sale between the City of Pt. Arthur and TOTAL. The final sales price has not yet been negotiated. HIGHEST AND BEST USE is defined in The Appraisal of Real Estate, Eleventh E~~ition, Appraisallnstitute, P. 297, as: " .....The reasonably probable and legal use of vacant land or an improved property wl-ich is physically possible, appropriately supported, financially feasible, and that results in the highest value". Some of the following explanations are also out of that publication. The purpose of this appraisal is to estimate the values of the fee simple interest. To accomplish this, the Highest and Best Use must be estimated. The procedure used in this report to estimate the Highest and Best Use of the subject tract was to consider, in sequence, the site's legal uses, its physically possible uses, its feasible uses and, -finally the optimum or maximum profitability. Data collected and analyzed for purposes of studying the neighborhood and particularly the site was useful in .arriving at a final decision. The following primary factors were considered in estimating the Highest and Best Use of the subject property. Legal Permissibility: Deed restrictions, zoning, building code requirements, and envirornnental regulations can limit or dictate uses of a site. The land is zoned for residential uses by the (:ity of Pt. Arthur. Physically Possible: The configuration of the property, its topography and availability of utilities are major components to this analysis. The land consists of long and narrow strips that were designed for use as city streets in the Fairlea Subdivision. They have been utilized as city streets for many years and have asphalt paving with open drainage ditches. Their shape severely limits any independent use other than for their historical use, that being a city street that serves the adjacent platted residential lots. Financial Feasibility: Economically, a property use is expected to produce a positive return to the investment. If it does, then it can be assumed to be a feasible or proper use. Factors dictating which uses are feasible include the previously outlined possible and legal uses. The location, access, shape, area development, competing properties and ;;eneral area characteristics help determine what returns could be anticipated from various possible; uses. The residential zoning as well as the narrow and elongated shape severely limit the potential independent use of the land to anyone; other than an adjoining property owner. The property varies in width from 50' to 60' based on the plat that was furnished. This configuration severely limits the potential independent use of this land that has a total estimated area of about 2.33 acres. The land has relatively poor overall utility due: to its shape and has extremely limited marketability. It has the characteristics of anon-economic unit and that means it does not have the physical characteristics necessary for independent use as reflected in the market place fora 2+ acre of land that is zoned fir single-family residential uses. Maximum Profitability: The most profitable use slhould conform to neighborhood trends and be consistent with existing land uses. The use that results in maximum profitability is beyond the scope of the "land only" valuation. It is critical to the analysis of improved properties and represents that use which provides the maximum ret<arn to the investment. After analyzing the above factors, the Highest and Best Use of the subject property, as of the effective date of this appraisal, is: Non-economic unit VALUATION PROCEDURES: The three stand<rrd approaches to value are as follows: 1) Cost Approach: if improved, the appraiser estimates the; cost to reproduce/replace the improvements, then estimates the accrued depreciation (physical, functional, or external) that may be present and deducts that from the cost new. The land, as if vacant, is then valued and added to the depreciated cost of the improvements. 2) Direct Sales Comparison Approach includes the accumulation, review and direct comparison of other improved properties that have recently sold or are offered for sale. Consideration is given to locational and physical differences between the sales and the subject. 3) The Income Approach is an analysis whereby actual rents/leases are analyzed or rents are estimated based on available market data. Appropriate deductions are made for anticipated vacancies and expenses to estimate a net operating income that is then capitalized into a value indication. The value estimates indicated by the three approaches are then correlated into a final estimate of value. In this instance, the only applicable analysis is the Direct Sales Comparison Approach. The Cost Approach was not applicable due to a lack of improvements to consider and there was not ample rental data available for similar parcels of land and the Income Approach could not be utilized. The Direct Sales Comparison Approach is presented on the following page. 10 DIRECT SALES COMPARISON APPROACH Market data sheets are on Pages 19-22. The market indicates properties of this type are most often traded on the basis of sales price per acre and that will be the basis for this analysis. They are not necessarily presented in their order of importance to this analysis. They are compared to the subject on the following grid: ***ADJUSTMENT GRID*** SALE # Sub'ect 1 2 3 4 SALES PRICE $14,198/acre $12,903/acre $12,903/acre $23,664/acre FINANCING Cash Cash Cash Cash Ad' ustment 0 0 0 0 DATE OF SALE 4/2006 4/2006 5/2004 3/200' Ad'ustment 0 0 +10% 0 ADJUSTED SALES PRICE $14,198/acre $12,903/acre $14,193/acre $23 664/acre LOCATION Fairlea Pt. Acres-C Pt. Acres-C Pt. Acres-C Groves-S Ad'ustment 0 0 0 -$10,000/,acre SIZE 2.33 acres 0.81 acre 0.93 acre 0.62 acre 6.55 acres Ad'ustment 0 0 0 0 TOPO/UTILITY Level/Poor Ade uate-S Ade uate-S Ade uate-S Ade uate-S Ad'ustment -75% -75% -75% -75% INDICATED VALUE $3,550/acre $3,226/acre $3,548/acre $3,416/acre Comments: The comparables are some distance <Iway but from a comparable older residential neighborhood. They were the best I found from various sources with comparables 1 & 2 being 2006 sales and Sale 4 a 2007 purchase. All four had traditional near rectangular shapes anti were superior with respect to overall utility. The negative adjustment made to each for superior utility was somewhat subjective and somewhat based on a general analysis of land sales that had a variety of different factors that limited the use other than what was traditional for that neighborhood. Conclusion: Based primarily on the preceding analysis, I am of the opinion that a unit value of $3,500/acre is considered reasonable. This calculates to the following indication of value for the subject site: 2.33 acres x $3,500/acre = $8,155, Rounded to $8,200 11 RECONCILIATION: 1 was of the opinion the data that was presented was the best available and provided a reasonable value indication. Based on the data presented herein as well as other data reviewed and retained in my files, I am of the opinion that as of October 20, 2008, the value indication was: EIGHT THOUSAND TWO HUNDRED ($8,200) DOLLARS MARKETING AND EXPOSURE PERIOD: I have interviewed several area brokers and reviewed sales patterns of many of the sales in my database. Based on this data and analysis, the Marketing and Exposure Periods were estimated 1:o be indefinite due to the non-economic unit nature of the land. 12 CERTIFICATION This is a Summary Appraisal Report that is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Unifornl Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it might not include full discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. I certify that, to the best of my knowledge and belief, 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions arf; limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. My engagement in this assignment was not contingent: upon developing or reporting predetermined results. 6. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7. The reported analyses, opinions and conclusions were developed, and this report has been prep<u~ed, in conformity with the requirements of the Code of Ethics & Standards of Professional Practice of the Appraisal Institute, which include the Uniform Standards of Proi.`essional Appraisal Practice. 8. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 9. I have made a personal inspection of the property that is the subject of this report. 10. No one provided significant real property appraisal assistance to the person signing this certification. 11. As of the date of this report, Jimmy W. Bishop has completed the continuing education program. of the Appraisal Institute. (J v ~• ~`~ 10/21/2008 Jimmy W. Bishop MAI, SRA Date 13 GENERAL LIMITING CONDITIONS This report is subject to the following General Limiting Conditions: The appraiser will not be required to give testimony or appear in court because of 1-aving made this appraisal, with reference to the property in question, unless arrangements have been previously made therefore. 2. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event only with proper written qualification and only in its entirety. The distribution of the total valuation in this report between land and improvements applies only under the reported highest and best use of the property. The allocations of value for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. 4. Neither all nor any part of the contents of this report, or copy thereof, shall be conveyed to the public through advertising, public relations, news, sales, or any other media without the written consent and approval of the appraiser. Nor shall the appraiser, firm, or professional organization of which the appraiser is a merriber be identified without written consent of the appraiser. GENERAL UNDERLYI]vG ASSUMPTIONS The legal description used in this report is assumed to be correct. 2. No survey of the property has been made by the appraiser and no responsibility is assumed in connection with such matters. Sketches in this report are included only to assist the reader in visualizing the property. No responsibility is assumed for matters of legal nature affecting title to the property nor is an opinion of title rendered. The title is assumed to be good and merchantable. 4. Information furnished by others is assumed to be true, correct, and reliable. A reasonable effort has been made to verify such information; however, no responsibility for its accuracy is assumed by the appraiser. 14 All mortgages, liens, encumbrances, leases, .and servitudes have been disregarded unless so specified in the report. The property is appraised as though under responsible ownership and competent management. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. No responsibility is assumed for such conditions or for engineering which mazy be required to discover such factors. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined, and considered in this appraisal report. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless anon-conformity has been stated, defined, and considered in this appraisal report. 9. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described andthat there is no encroachment or trespass unless noted within the report. 15 QUALIFICATIONS OF JIMMY W. BISHOP MAI, SRA State Certified # TX-1320188-G General Real Estate Appraiser PROFESSIONAL AFFILIATIONS AND ACTIVITIES MEMBER: Appraisal Institute MEMBER: Beaumont Board of Realtors. MEMBER: Texas Association of Realtors. MEMBER: National Association of Real E state Boards. EDUCATIONAL BACKGROUND Educated in the public schools in San Antonio, Texas. Graduated in 1974 from Lamar University with a Bachelor of Business Administration degree' in Marketing. Received Associate of Applied Science Degree in Real Estate, Lamar University, 1983. Seminars and courses attended in recent years include: Understanding Limited Appraisals Seminar, Houston, Texas, 1996. Ranch Valuation, Austin, Texas, 1996. Standards of Professional Practice, Part B, Beaumont, Texas, 1996. Real Estate Continuing Education (MCE), 1997. Standards of Professional Practice, Part C, Beaumont, TX, 1998. Defending and attacking an appraisal in litigation, Beaumont, TX, 1999. FHA and the Appraisal Process, Houston, TX, August, 1999. Special Purpose Properties, Beaumont, TX, October, 1999. Outlook for Texas Rural Lands, College Station, TX, March, 2000. Standards of Professional Practice, Part A, Houston, TX, March, 2001; Outlook for Texas Rural ]Lands, College Station, TX, April 2001; Standards of Professional Appraisal Practice of the Appraisal Institute, Part C, Beaumont, TX, April 2002. USPAP Update, Beaumont, TX 2004. Outlook for Texas Rural Lands, College Station, Texas, May, 2005. R22982- Future of Appraising and Cool Tools, Appraisal Institute, Shreveport, LA, November 2005. Fair Housing -Virtual Classroom, December, 2005. Outlook for Texas Rural Lands, College Station, TX, April, 2006. Real Estate Broker MCE, College Station, TX, April, 2006. USPAP, Course 400, Houston, TX, September 2006. 17th Annual Outlook for Texas Land Markets, San Antonio, Texas, Apri12007. Mandatory Continuing Education, Legal, San Antonio, Texas, April 2007. 18th Annual Outlook for Texas Land Markets, San Antonio, Texas, April 2008. Mandatory Continuing Education, Ethics, San Antonio, Texas, April 2008. 16 Qualifications of Jimmy W. Bishop, Page TWVO (Continued) EMPLOYMENT HISTORY 11/84- Present: Self employed as Fee Appraiser 3/82 - 10/84: Staff Appraiser with Coak & Associates Real Estate Appraisers 3/77 - 2/82: Staff Appraiser with American Real Estate Corporation, Appraisal Department EXPERIENCE Active in the Real Estate Appraisal business since 1975 and afull-time fee appraiser since the Spring of 1977 having completed appraiser a:>signments on residential, commercial, and industrial properties for numerous individuals, estates, attorneys, corporations, and various governmental agencies. Approved by the Texas Real Estate Commission to teach various Real Estate Courses. Texas Real Estate Broker License #220094. Qualified as an expert witness in various County anti State District Courts as well as Federal Court. 17 TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD BE lT KNOKV TH~tT JIMMY WAYNE ~3ISHOP ICAI-'/NC: PR06TDED SATISFACTORY F.6TDF..'V('F, pF THE QU:dLIFIC'AT/OAS RF."~7(%1XED B}' TIlETE.4itSAPPR:1lSE•RLICEASL~'C,'A:YDCERTIFIC:gTIOA"ACT, TE\"rI S 0C'CUP.4TI0:~"S CODE. CI;LAPTh.'R 11 U3, IS AI;T/fOR/"LED TO LiSF Tl!'fi TITLE STATE CERTIFIED (GENERAL REAL ESTATE APPRAISER Number: TX-1320'188-G Date Df Issue; January 10, 2007 Date of Expiration: March 31, 2009 hr Witness T'bereoj tihirlr~ .1. ~FarJ. ('hair Wayne Tlzurharn. C'a+nmissimrer tihirlcq .1. W ard. Chair harry I/. Kokcl, \'ire-Chair llatcolm J, Dcason, Secrclan- farnr Carson William A. Faulk. Jr.. t'aul E;. Moore James 6. Rafifff Clinton P. Sayers Dona ti. ticurry 18 PARTIAL LIST OF CLIENTS Bishop Real Estate Appraisers, Inc. 4749 Odom Road, Suite 101 Beaumont, Te:~as 77706 Allied Home Mortgage Capital AgriLand Farm Credit Bank of America Beaumont Housing Authority Beaumont Mortgage Bridge City State Bank Capital One National Bank Capital One Mortgage Banking Cendant Mobility/STARS Chase Manhattan Mortgage ChevronTexaco Citizens Bank City of Beaumont City of Bridge City City of Kountze City of Nederland City of Silsbee City of Vidor CommunityBank of Texas CU Members Mortgage Diocese of Beaumont Doga Mortgage DuPont Beaumont Federal Credit Union Entergy Services, Inc. Executive Relocation Express Financial Services, Inc. First Bank & Trust, Jasper First National Bank of Newton Five Point Credit Union Ford Motor Credit Frost Bank GMAC Mortgage Guaranty Bank Hamshire-Fannett ISD Jefferson County Appraisal District Jefferson County Drainage District #6 Jefferson County Drainage District #7 K:ountze ISD Lamar University Lower Neches Valley Authority L-umberton Municipal Utility District MCT Credit Union Memorial Hermann Baptist Hospital MidSouth Bank Mobiloil Federal Credit Union Neches Huntsman Federal Credit Union Nederland Economic Development Corp. C)range Savings Bank P'NB Financial/McAfee Mortgage Port Neches Economic Development Corp. Premcor Refining Group, Inc. Safequard Properties, Inc. Silsbee Economic Development Corp. Smithcorp Real Estate Services Superior Mortgage Texas Department of Transportation Texas First Bank Texas State Bank Texas Workforce Commission T'he Church of Christ of Latter Day Saints T'he Mortgage Corner Valuation Administrators Wachovia Bank, National Association VVaI-Mart Realty Appraisal Washington Mutual Wells Fargo Bank VVHR Group, Inc. 19 i_i~tin~. [~f~~(~u MLS # 49826 Status SOLD•INNER OFFICE Type LESS THAN 1 ACRE Address 58th 58th Street Address 2 .806 Acre Tract City Port Acres State TX Zip 77640 Area PC4 Class LAND Asking Prrce 515.000 Sale/Rent For Sale IDX Include Yes General Agent KEELY Ri7CHEY -CELL (4D9) 626-4899 Price Per Acre 515,000 Comp-SIA {Y/N) n Comp-BIA (YIN) y Subdivision Palomar Addn Owner-Name Wiesen Lot Size 130 x 270 = 0, $1 /}ct,L School pAISD (PISD) District Days On 129 Market Remarks Property was divided and sold from listing 48927 Sold Status How Sold CASH Closing Date Sl1$/2006 Selling Agent JULIE COBB -CELL (409) 1 460-0054 Additional part of MLS 48927 divided Info $/} Ly / Zoning Single Family Improved W/House None Distance To Bus Dist 1-5 Miles 'y .. Listing Office KELLER WILLIAMS/PRIME REAL ESTATE -Main 1 (409) 722-7978 Comp-S/A,°I°S 0 Comp-BIA%! 3% Comp- VARY/N n Listing Date 4111!2006 Appraisal # Part of Listing 48927 Apprax SgFt 35,100 Original 815 000 Price . Dateract 4/11120D6 ~ ~~I~S~ th~~ Sald Price 811,500 Selling Office KELLER WILLIAMS/PRIME REAL ESTATE -Main (409) 1 722-7978 20 i_ atiny [~F1ta MLS # 49128 Status SOLD CO-OP Type LESS THAN 1 ACRE Address 58th 58th Street Address 2 .9295 Acre Tract City PoR Acres State TX Zip 77640 Area PC4 Class LAND Asking Price $15,000 Sale/Rent For Saie IDX Include Yes General Agent KEELY RITCHEY -CELL (409) 626-4899 Price Per Acre $15,000 Comp-S/A (YIN) y Comp-B/A (YIN) y Subdivision Palomar Addn Occupied By vacant land Appraisal # Part of Listing 48927 Approx SgFt 40,486 Original Price $15,000 SAc.E 2 Zoning Single Family Improved WlHouse None Distance To Bus Dist 1-5 Miles Listing Office KELLER WILLIAMSIPRIME REAL ESTATE -Main 1 {409) 722-7978 Comp-S!A%S 3.0 Comp-BlA,%S 3.0 Comp- VAR.YIN y Listing Date 2/17!2006 Owner-Name Wiesen Lot Size 150 x 269.91 4 , rt 3 7} tt b School pAISD (PISD) District Days On 53 Market Remarks Property was divided and sold from listing 48927 Sold Status How Sold CASH Closing 4111!2006 Date Selling Agent 1 JULIE COBB -CELL (4091460-0054 Selling' KELLER WILLIAMSlPRIME REAL ESTATE - Office 2 Main (409) 722-7978 Dis Pts nla SgFt 40486.50 ract ~ ~ Cate 211972006 ~ ~ ~i y0 3 '~ ' Sold Price $12,000 Selling Offic e KELLER WILLIAMS(PRIME REAL ESTATE - 1 Main (409) 722-7978 Mold $ 12000 OD Int Rate n/a Additional part of m1s48927 divided info 21 s>9,c F 3 Zoning Single Family Improved WI House None Distance To Bus Dist 1-5 Miles MLS # 44950 Status SOLD-INNER OFFICE Type LESS THAN 1 ACRE Address 2862 60TH STREET Address 2 City Port Acres State TX Zip 77640 Area PC1 Class LAND Asking Price $10,000 SalelRent For Sale IDX Include Yes General Agent NON MEMBER NON MEMBER # of Acres D 5D Comp-51A{YIN) N Comp-B1A{Y/N) Y Legal LT 4, BLK 16, TR 2 Listing date 1 112 2/2 0 0 2 Owner-Name ROBBIE ROBIN LotSixe 247.20X110 4.c.tAG~S Original Price 510,000 Features Listing Office 1 AMERICAN REAL ESTATE -Main {409) 727-31436 Comp•SJA%S 0 Comp-B/A%E $600 Camp-VAR.YIN N Subdivision Port Acres Occupied 8y VACANT Appraisal # - School District PAISD (PISD) Days On Market 535 Land Use Topography Gas Sign On Propert Res. Dev. Level City Yes Loi Improvement Road Frontage Sewer Possession Cleared/Leveled City City On Funding Lot location Road Surface Water Inside Blacktop City Financial Annual Tax $143 Remarks SELLER RESERVES MINERAL RIGHTS. SPACIOUS LOT IN PORT ACRES REA DY TO BUILD ON WATER AND GAS HAS BEEN ADDED. CLOSE TO SCHOOL.. Sold Status How Sold CASH Contract Date 4123/2004 ~p~l Jt)~ t' g (.Z Closing Date 5/1012004 Sold Price $8,000 i Selling Agent 1 NON MEMBER NON MEMBER Selling Office 1 AMERICAN REAL ESTATE -Main (409) 727-3196 Sold E $8,000 22 MLS #: 49253 Port Neches-Port Arthur-Nederland Board of REALTORS i0f2ir2008 08:18 AM Page i ALL FIELDS DETAIL Sf~GE MLS If 49253 toning Singlo Family Status SOLD CO-OP Ilmproved with House None Type 3.10 Acres (Distance to Bus District 1 - 5 Miles Address 0000 CLEVELAND & 25TH ST Address 2 City Groves State TX Zip 71619 Area G6 Gass LAND Asking Price $165.000 SalelReM For Sale IDX Include Yes GENERAL Agent NIKKI VOIGHT • 1409) 549-48$8 Listing Office 1 RF;MAX FIRST - Mam {407) F27-: Listing Agent 2 Listing Office 2 Comm 3A YIN Yes Comm SA SI% 3 Comm BA YIN Yes Comm BA $/°! Variable YIN No Listing Date 5(612006 Expiration Date p of Acres 5 55 Price per Acre 23664 12 7imher Acres Pasture Acres Legal LTS 5.10,14.15 TERRACE AVE_ t8.1925THST,LTS618 Subdivision Rainbow Occupied By VAt;AN7 Owner Name ' PURYEAR OwnerPhone# Appraisal Number 'Lot Size 6 55 ACRE S Approx SgFt School District PN-G ISD (Grov) Directions HWY "t3 EXIT 25TH 5T .LEFT TO Off Market Oate 3.`12'2007 CLEVELAND Associated Document Count 0 Mapping Tax ID Update Date 3?t a.~2007 Status Date + 3?1412007 HotSheetDate 3?t4,~2007 Price Date 3?1412007 Input Date 5?8?2006 Original Price $185,000 Days On Market 310 Days On MLS 308 FEATURES LAND USE ROAD FRONTAGE SEWER SIGN ON PRpPERTY Res Dev City Cdy Yes LOT LOCATION ROAD SURFACE WATER POSSESSION Corner Blacktop City On Funding CWde-sac GAS EQUIPMENT Inside City No FINANCIAL Annual Tax SOLD STATUS How Sold CASH ConVact Date 9128?2008 Closing Date 3!12/2007 Soid Price $t 55.000 Sellrng Agent 1 DONNA SCLERANDI - (4091 658-2064Seliing Office 1 CB SOUTHERN HOMES I3M7 - M 14091 856-7392 Selling Agent 2 Selling Office 2 Appraiser's Namc Concessions Sold $ 155000 Dis Points Interest Rate Sq Ft Sold Corp. Total Room 23 NEIGHBORHOOD MAP xo ~~¢y`t6 ~,~~ ..~9N*r 'L ~'li of :T CF. N~~ ~~ _ r~ ~ ---_ _~.. c ~Atreco ~o}rrr ~S.po _ ~E,vgr m z N'"iCW~MS >2 ~aMES ea~N - u` 5 ~' 0 s~ '1 ;~'~~~,~~ Ry;iu 1'r ~,rek p /„ ~'~~ 0 S~~BJEC'~' i~~ZOPF'RTV r r1j,1,,. ~, o 'b, y U,fF R!y ~i 3~ ~t~"i B C~*4 ~~~~ ~ v.M3ae ~~' vFOeF°?cc~b 'Fe- ~ J rv~ ~2~,``~ Q`N e4~y Jefferson City ShopU~ng Ctr e~ BEa~enor?i ~~ ~.~ ,~ ~:cr ~~ r~ a? 9 ,,a ~v~q,, a°.. ~? t~.q,~GnRrittO 3 , •~ ~Tg o~C'~`,T,ra_r S~ ,y ;a`. ~q ~,~ ~w er, qp~ ~ R4 ca ` ~ r ,w ",. c~ ~ a' ~~o Hp ~~1',~P. rF" ~y ttiF'~[,tUr ~ ~2ytir ct~ CRF ~ ~~ sr, "Fhr ~4,pr ~~'A~t~, Y^~ A, '~r"Y ay ~~A ~ ~YE~ "QVF¢ oyfi ~~' a`W o~m F cF~t, ,. c;~ *~,~t ~' o~; ,.r " Groves~t'o r <,t~, ~`y- o~~ ~o Rr, +. 4- A k'' p9 COQ `~d ~? ~ ~ ; '{Sy q„ - 0JP Y~~s 4g~ ef~~rGL~. y0 a~~v '~Jy 04~ 1.. iJ ~~' ,~9'3' crab, ~~'H~ s4t~ ~~~5 ~r qr, ~~ ~ ,? ~ q "flr. '~'&~~c,°~ ~+W ~~~~ ~ ~' ~F s " oar , _~ p~Y',, 4~°,rF qG~; "T y s~F' re •~ rtr. ~6`^~ °F `F &; r y WS d sq "cr 't'r ~" NF !SC ~+f ~. UVTH.r E+1°.pKi r" o ~6 n .may ...... ., , I3 eo lrti*r, oy to 5 ~Fr Qg~'' ~'~:. ~ ~" o h8 f OT COfi1fTIQrCB ~ F~~r ryOp~ 4L ~' 367 AL ~1, Rl . t'ii:: ,. ~ ...:.P,. r~? c, r ~. 4p41 , P~'; Si ~ ~k 1 • 1~' "°t2 oNSSA c,,~r ~ gsi,~" ~ r ~ BFq ag _~P¢ '~s ~ i•,,s~ 3 p~~~a T~ ~P o ~S tiny e~:fi r '~'- v" r~"~rr a, ~, ,~~ '~.~_ '" '~ ~ s ~r y~` ~,~ ~ trt at ,~ ., . "~yc ~ °ta~~pr 5 ~- rF ~'..rr ~ r ~`'F~~,,k oy , ~ sro 'tb F"r yc~. ° ,` ,~r fir '~r r`'' ~~: ~yrr o ~~ ~~ q"~~ y ~ ryt~p $ SJ"'tii 9'~y FRViy ~ ,l., S L y, q~ }~ S `L~ '~`~ .1" `i1 ~ ARd .G4• ~,;, !hZ ~. E'Qq"`qiy !"i~•~ ( ~i<' ? 'E~ ~ w a'f.. 3°~ {' is _ fir: c h " w a a =it ~r~G. =O: 1 ~ J`',E.U95~ ," " ~~ g~0&~ `~M,y. O . 'oF ~Fi 4 CS ~ T ~ ~ti $ ~a~ ~~; ~ 'r° a~ 'yrt `~ cr ot, ~ rr ~" Y~~ ao ~~tag . 24 c+ Prepared for: ~~~~•~~~~~ Bishop Peal Estate Apprai~ses~, Inr. www,interflood.cona • i-800-252-b633 Port Arthur, TX d7~t2 25 l ,,..._.... _. I P~~ t Arthur, Texas t ';--~-a": ti- ' . `.-assn , ~ ~, _i t rG 0 M x 7n xo ; i ~ _.w ~- ~ Yv __... ~.y~~ .~acz y ,, ~~__ _~T- . 1 i„ ` ~. .e -- - _. ~ . i.. \ I ` t tS S a ~ ti i5 _. x .• -~ , _ ~ ,( ~ : w __~ t x cam' ~iY.x. -j _. s l ~, ~ I Ala 7 ~'• 5 ~ btu _ {~.,~~' Qom.. ,...__. ~ t i x.r .__ .__ _. ~ _... s i~..i=tel.:. ` "1 ~9'} ~ a~ 3 i ~ i wr l ~ ~ ~ ~ ~~.»_ ~~ r. s ra ~ f 1 to xo l x ro :~c~ ~m I µ' i ~ r~ r ~ ~ ~ 1 __ 3 t... , .w y__.._ y I. __ ~ __. ~ -- . , - _, --- ... I ,~ -- rs . z s _x .. ., _. . ~ I I. -- 1 ---- I ~, -' ~-""~ -~ ; ~-ri ,_ ... ,. -. ~~ ' f .._ ~ i ~ ~ 4_ _ k ~ S._ l t;~r J f ~ KNOLL E~ :.°-r ~T~ j r~ • Li t~ ~~ 2 ~ rq:x '~`xo Y r W d is x ~ ~ i • , ~ ~ ; ~.~- ~ it ~ , r~ I ~ Y k ., . jt-M ~ M1 _ 1. 1 i ~ 1 it J ~ '- ' , 'J± ._... »__. hhh r• jj ~_ ~ . _~ -~ t .. ~-- = - ~~~~~ 1 h, r~r ~ _ _ .. .. - ... , _ s _ -- - 32nd ~ _. __ __. ,~ ..f_ _, ~_ -- APPLICANT: LEGEND Totai Petrochemical, Inc. E3oundaries of APPLICANTS MAILING ADDRESS: P. 0. [3ox 849 Proposed Change Part Arthur, TX 77641-0849 PROPOSED ABANDONMENT: ~•~~ XX Street ROW Easement ,~----~. Scale: APPROXJMATE AREA: ~~~ ` Not to scale Holm from Logist to Gr~nc~iew ~. r Terrell Street from Locust #o Grandview r Laurel southerly'/ block,~etween 4~Gust an randview a cn Gragdwew Avenue frsrr~32~ Stmt t~`39 S?f - 26 Jim Bishop From: LWaIIs9574@aoLcom Sent: Friday. October D3, 2008 2 49 PM To: jbishop@bishoprea.com Subject: TOTAL value for abandonment property for city of PA Attachments: Fairlea_Map 8-21-08 Abandonment - rezone.xls Hi Mr Bishop I am attachhtg a Fairlea map that indicates the areas requested and approved by the City of Port Arthur Planning pepartment. I understand the City would like a review by you of your appraisal of 2005 for similar property in Fairlea.. It you can possibly determine this before this Tuesday, even if it costs more to do so, please consider it Your report can be addressed to Ms Pat Avery TOTAL Petrochemicals USA. Inc. Hwy 356 and 32nd street Part Arthur. Texas. The hard copies can be mailed to me at S23 S 2nd Street, Nederland, Tx 77627 An electronic copy is good to have as well. The following is the description that I gave the City as a guide to thie amount of land affected by the abandonment. t • Laurel street area adjoining Lnl I(7 of Block 13 and Lnt I Block Id of Pairlca Addition. {equ:rh I~t~' ~ 5(}' or ?,~itl ,;q. ft.l 2 • i.aum9 street area adjoining I.nts 2D ~. 10 of'Block 9 and t_uic I I K t of Block 10 ul f~airlea Addition- (equals ?9U' x jl)' or Id.~i10sq.li.} ~ • Laurei street area adjoining L.ots'_t7 & It) o(Block ~ arxl Leas 1 I & 1 of Bluck t. of Fairlea ,~ldditient. {eyuais 29Q' x gip' or I•t,50f1 sq. tt.} Gf Radhud al I.aurcl adjoining Lots * I.10 of Block 6 and I.o[s ? I - I I of Block _' of Fairlea Addition. tcquals 6?t)' > >0 ur 33.~itU sy. ft.) ~' 9rlr at (irandvie~r arcs adjoining Lots 10 fC ?t7 Block I~t of Fairlea Addition. (equals X011' x iq' or I={.i(!t! sq. il.) ~, . ,2r"t street adjoining Lots 1 f ~ I ut Hlr>ck 1 1 of Fairlea Additicm, tequal, 'c?0' ?: 6Q' ur 17,atK1 sy. fl. ) Please call me if you have any questions. 1 can be reached at 409-749-4455 Thank you Brigid Walls F 0 ~r ~ ~ ~ AR ~ .33 A cRBS New MapQuest Local shows what's happening at your destination. Dining, Movies, Events. News & more. Try it out! 27 TYPICAL VIEW ALONG GRANDViEW TYPICAL VIEW ,ALONG 39TH TYPICAL VIEW 28 ~`3,~a w'~'"+}d--i3t~~y,Yyl+~~" •. ... sx~a~...,ta1 FF i "Yrto`'"~.~. .~ ~ y ~~ .-:~ t - s.^.as.~~aa . ~~: ~f. ? 7 ~... .. ~~~j~sf:idkidj~,y~„~ia~e~ax««=.~,ri~ ;~^ .., .. -i...,.. wF aa*pr ~; 1 ~ 1~IL~1L ~ IL~~ 29 TYPICAL VIEW ALONG GRANDVIEW 1~.C1. NU. 5934 11/18/08 Pale 6 of 6 EXHIBIT "C" WA1~;R.ANTY DEED SPECIAL WARRANTY DEED Date: November 21, 2008' Grantor: City of Port Arthur, Texas, a municipal corporation Grantor's Mailing Address (including county) P.O. Box 1089, Port Arthur, Jefferson County, Texas 77641 Grantee: TOTAL Petrochemical, Inc. Grantee's Mailing Address (including county) P.O. Box 849 Port Arthur Jefferson County, Texas 77641-08;49 Consideration: A value for abandoned land vas established for an estimated 2.334 acres or a total of 101,650 sq. ft., at a dollaz value of $8,200 Property (including any improvement): • Laurel street area adjoining Lot 10 of Block 13 and Lot i Block 14 of Fairlea Addition. (equals 145' x 50' or 7,250 sq. ft.) • Laurel street area adjoining Lots 20 & 10 of Block 9 and Lots 11 & 1 of Block 10 of Fairlea Addition. (equals 290' x 50' or 14,500 sq. ft.) • Laurel street area adjoining Lots 20 & 10 of Block 5 and Lots 11 & 1 of Block 6 of Fairlea Addition. (equals 290' x 50' or 14„500 sq. ft.) • Redbud at Laurel adjoining Lots *1-10 of Block 6 and Lots 21-11 of Block 2 of Fairlea Addition. (equals 670' x 50' or 33,500 sq. ft.) • 39`~ at Grandview area adjoining Lots 10 & 20 Block 14 of Fairlea Addition. (equals 290' x 50' or 14,500 sq. ft.) • 32°d street adjoining Lots 11 & 1 of Block 11 of Fairlea Addition. (equals 290' x 60' or 17,400 sq. ft.)- 101, 650 square feet or 2.334 acres (See Attachments - Exhibit A and B) Reservations from and Eacceptions to Conveyance and Warranty: That such dee;d is subject to all restrictions, covenants, conditions, easements, rights-of--way and prescriptive rights whether recorded or not, and all recorded reservations if any and zoning and other laws affecting the property. The City reserve an easement for all existing water, sewer and storm sewer easements as well as for other City utilities , Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to leave and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to GranteE; and Grantee's heirs executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty by and through only tl7e grantor. Executed on the day of GRANTOR: A.D., 2008 City of Port Arthur Mayar APPROVED AS TO FORM: City Attorney ATTEST: City Secretary Original to Grantor: City of Port Arthur Engineering Department P.O. Box 1089 Port Arthur TX 77641-1089 ACKNOWLEDGEMENT THE STATE OF TEXAS: COUNTY OF JEFFERSON: BEFORE ME, the undersigned Notary Public, on this day personally appeared Deloris "Bobbie" Prince, known to me to be the person whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same as the act and deed of the City of Port Arthur, for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A.D. 2008. NOTARY PUBLIC SIGNS ON THIS LINFs NOTARY PUBLIC IN AND FOR PRINT NOTARY' S NAME HERE JEFFERSON COUNTY, TEXAS