HomeMy WebLinkAboutPO 5934: ABNDONMENT, VACATING AND RELINQUISHING INTERSECTION OF LAUREL AND REDBUD~~
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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
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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)
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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
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24
c+ Prepared for:
~~~~•~~~~~ Bishop Peal Estate Apprai~ses~, Inr.
www,interflood.cona • i-800-252-b633 Port Arthur, TX d7~t2
25
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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
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TYPICAL VIEW ALONG GRANDViEW
TYPICAL VIEW ,ALONG 39TH
TYPICAL VIEW
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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