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HomeMy WebLinkAboutPR 15236: CONDEMNATION OF PROPERTY (SABINE PASS) - COMMUNITY CENTERP. R. No. 15236 06/23/09 gt RESOLIITION NO. A RESOLIITION AS IT PERTAINS TO THE CONDEMNATION OF PROPERTY IN SABINS PASS FOR A COMMIINITY CENTER WHEREAS, the City Council considers it a public necessity to condemn a portion of Park Plaza in Sabine Pass for a Community Center as to better serve the citizens of Sabine Pass. WHEREAS, the City has obtained an appraisal attached hereto as Exhibit "A" which delineates the value of the property at $45,000. NOW THEREFORE, BE IT RESOLVED BY THS CITY COIINCIL OF THE CITY OF PORT ARTHIIR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Attorney is authorized to make a final offer of $45,000 for the portion of Park Plaza to be used for a community center and to also take such action, if necessary as to condemn this property. Section 3. That Jefferson County will be requested to contribute what ever monies that they receive for their interests to the City for the community center and to fully cooperate with the City. Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of z.pr15236 A.D., 2009, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor Councilmembers NOES: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: D~ i~~~- CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER APPROVED AS TO AVAILABILITY OF FIINDS AY~~L42~ ~~ DIRECTOR OF FINANCE z.pr15236 EXHIBIT ~~A" EXHIBIT KB" A Summary Appraisal Report of a tract of land at the corner of Gulfway and Broadway (Tracts 116 & 128) Sabine Pass, Texas 77655 FOR Mr. Mazk Sokolow City Attorney City of Port Arthw P.O. Box 1089 port Arthur, Texas 77641 AS OF May 14, 2009 BY BISHOP REAL ESTATE APPRAISERS, INC. Timmy W. Bishop MAT, SRA 4749 Odom Road, Suite 101 Beaumont, Texas 77706-6908 BISHOP REAL ESTATE APPRAISERS, INC. June 24, 2009 Mr. Mazk Sokolow City Attorney City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77641 RE: A Summary Appraisal Report ofa tract of land at the corner of Gulfway and Broadway (Tracts 116 & 128) Sabine Pass, Texas 77655. Dear Mr. Sokolow, 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 utilised for this analysis. Based primarily on the facts and analyses contained in this report, it is my opinion tt~eaMazket Value of the property, assuming no environmental issues aze present, as of May 14, 2009, FORTY FIVE THOUSAND ($45,000) DOLLARS This report is subject to the Certification, General Limiting Coeditioasa ade e ep rt containing Assumptions outlined therein. Presented on the following pag pertinent descriptive and market data considered in the estimate. If I can be of any further assistance, please contact me. Respectfully submitted, BISHOP REAL ESTATE APPRAISERS, INC. ~W•`a' 0 Jimmy W. Bishop MAI, SRA State Certified #TX-1320188-G General Real Estate Appraiser 4749 Odom Road, Suite 101, Beaumont, Texas 77706 * 409/898-8800 * 4091898-8988 AERIAL PHQTOGRAPH (Taken in late 2005) -. . ,. ~~~ _ Yom:, _ - d - '~`~ !• 1~ ..~. ~ ~ _ . '~~. a. ,. 5' +~~ ~, GbJe~1 1 • .~ x•; i 4'~ 1. V ... ~: 11 •~~. • +i 3 ~.: ~~jl 1 ' ~~ ti~ The black lines were added to the photo only to depict the general shape and location of the land and are not intended to represent exact boundary line locations. EXECUTIVE SUD~IlVIARY SUMMARY OF SALIENT FACTS AN'D CONCLUSIONS APPRAISAL TYPE: Summary Appraisal Report PROPERTY LOCATION: The property is located at the comer of Gulfway Drive and Broadway (JCAD Tracts 116 & 128), Sabine Pass, Texas 77655 ESTATE APPRAISED: Fee Simple Estate less any mineral interests CLIENT: City of Port Arthur LAND DESCRIPTION: According to Jefferson County Appraisal District records, the land has an azea of 22,500 SF with 150' along Broadway and 150' along Gulfway Drive (Hwy 87). The land is near level and at street grade. Both streets are two-lane, two-way asphalt paved. There are 4-way stop signs at their intersection. According to the attached FEMA Map, the tract is in Zone - A. It has all public utilities available and is zoned for commercial uses with an LC classification. There are the remnants of an older masonry building and the concrete foundation from a second structure along the Broadway frontage. The preceding aerial photo depicts a couple structures on the northerly part of the tract. However, those structures were apparently destroyed by Humcane Ike or possibly by Hurricane Rita in September 2005. Either way, the only remaining improvements include the masonry shell of a building and the slab of a second structure. The improvements offer no measurable contributory value and tend to serve as somewhat of a detriment to the re-development of the land. HIGHEST AND BEST USE: Local commercial uses RECONCILED MARKET VALUE ESTIMATE :................ $45,000 EFFECTIVE DATE OF APPRAISAL: May 14, 2009 DATE OF REPORT: June 24, 2009 SALES HISTORY: There is apparently some dispute as to the ownership history of the property with both the City of Pt. Arthur, the George Welch Estate and Billy Williams claiming all or part ownership to the real estate. It does not appear to be actively offered for sale and I was not advised of a pending sale. Therefore, no recent sales history was available for review and analysis. EXTRAORDINARY ASSUMPTIONS & HYPOTHETICAL CONDITIONS: I was not provided a current survey of the real estate and was instructed to rely on information from the Jefferson C.A.D. records as to the shape and size of the land. The Scope of Work for this assignment was to combine Tracts 116 & 128 as a single parcel of real estate as the City of Pt. Arthur contends they have ownership of both. VALUATION REPORT -SUMMARY FORMAT- DATE: June 24, 2009 TO: Mr. Mazk Sokolow City Attorney City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77641 FROM: Jimmy W. Bishop MAI, SRA Bishop Real Estate Appraisers, Inc. 4749 Odom Road, Suite 101 Beaumont, Texas 77706-6908 PROPERTY IDENTIFICATION: Legal: No metes and bounds description was provided. For proposes of this analysis, I have identified the property as Tracts 116 & 128, Jno. McGaffey Survey, A-167, Jefferson County, Texas Local Address: I could not accurately identify the street address. Census Tract: 48245-0116.00 PROPERTY RIGHTS/LEGAL CONSTRAINTS: The property rights being valued are 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: The 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 in a dispute over the ownership of all or part of the real estate. The intended user and the client is Mr. Mark Sokolow, City Attorney, on behalf of the City of Port Arthur, Texas. 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: 1. 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 far exposure in the open market; 4. payment is made in terms of cash in US. dollars or in terms offinancial arrangements comparable thereto; and 5. the price represents the normal consideration for the property sold unaffected by special or creative frnancmg or sales concessions granted by anyone associated with the sale. EFFECTIVE/DELIVERYbATE: Date property was visited - 5/14/2009 Effective Date of appraisal - 5/14/2009 Date of Report - 6/24/2009 Date range report was prepared - 5/10/2009 - 6/1/2009 & 6/20/2009 - 6/24/2009 Date report was signed and delivered - 6/24/2009 6 COMPETENCY PROVISION: The USPAP contains a requirement that an appraiser have the knowledge and experience to complete an assignment competently. Jimmy W. Bishop MAI, SRA has over 30 years of commercial property appraisal experience. During that period, he has appraised dozens of similar type properties, primarily in the Southeast Texas market. This experience, together with knowledge gained through Appraisal Institute courses, complies with Competency Provision. Qualifications are attached for your review. SCOPE OF THE ASSIGNMENT: As defined by the Uniform Standazds 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 market value based on an unconditioned defmition. 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. Please refer to the EXTRAORDINARY ASSUMPTIONS & HYPOTHETICAL CONDITIONS outlined on Page 3 as the part for these analyses and valuations. This is the appraisal of a 22,500 SF tract of land with remnant improvements at the comer of Gulfway Drive and Broadway, Sabine Pass, Texas. 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 the property and relying on aerial photos, plats and maps that were available in my office files and on-line. I also discussed with the client the parameters for the valuations. My search for mazket 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 my 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 requirement for grantors or grantees to disclose any information relative to a transfer of real property, other than the recordation of the deed itself. 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 &ee 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 chazacteristics based on my observation of apparent, not unapparent conditions. Nor am I qualified to detect or identify hazardous substances, which may, or may 7 not, be present on, in, or neaz the subject property. The presence of hazardous materials may negatively affect market value. I have no reason to suspect the presence of hazazdous 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 discover them. I urge the user of this report to obtain the services of specialists for the purpose of conducting inspections, engineering studies, or environmental 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 may, or may not, be present on, in, or near the subject property. REGIONAL/CITY/NEIGHBORHOOD DATA: The property is located at the comer of Gulfway Drive (SH 87) and Broadway. This is the main intersection in Sabine Pass and it is locally known as the "four way stop". Sabine Pass is a small community that was annexed by Port Arthur many years ago and is subject to their zoning regulations. Sabine Pass is identified as an industrial azea due to the development along the Sabine-Neches Ship Channel that includes base stations for industrial off-shore operations, marine service businesses, ship, barge and boat repair facilities and some fishing/shrimping businesses. The ship channel offers the most direct access to the Gulf of Mexico and in tum from the Gulf inland to the Intracoastal Canal, the Port of Port Arthur, the Port of Beaumont via the Neches River and the Port of Orange via the Sabine River. There is also significant industrial development along these water fronts and these vessels pass Sabine Pass in route to these destinations. The Sabine Pass location offers more ease of access than further inland. The upper Gulf Coast was devastated by Hurricane Rita in late 2005 and Hurricane Ike in September 2008. These storms did major structural damage to improvements in Sabine Pass as well as further inland. Many homes and businesses were totally destroyed by the humcanes and recovery has been slow. Many home owners are re-building with elevated structures. The national recession has also had a negative impact on the area industry. With the fall in natural gas and oil prices over the last several months, many businesses have closed down or significantly reduced their work force and some projects have been put on- hold until some recovery occurs. Many small businesses that catered to the industry employees have closed due to a lack of business. In conclusion. Sabine Pass has been devastated by recent hurricanes and, although the citizens are aggressively trying to re-build, the process is expected to be slow, at best. Among the exhibits is a Neighborhood Map. 8 TAX AND ASSESSMENT DATA: Values, for ad valorem tax purposes, are assessed by the Jefferson County Appraisal District. A copy of their 2008 print-out is on Pages 27-28. The 2009 Tax Roll has not yet been certified. One account (Tract 128) is also in the name of George Eazl Welch. The other (Tract 116) is in the name of Billy Williams. They are presented primarily as the basis for the property description. Accoun_ t_# Land~Value Improvements Total 300167 (Tract 116) $3,750 0 $3,750 300167-165000-5(128) $2,500 0 $2,500 LAND DESCRIPTION: According to Jefferson County Appraisal District records, the land has an azea of 22,500 SF with 150' along Broadway and 150' along Gulfway Drive (Hwy 87). The land is near level and at street grade. Both streets are two-lane, two-way asphalt paved. There are 4-way stop signs at their intersection. According to the attached FEMA Map, the tract is in Zone - A. It has all public utilities available and is zoned for commercial uses with an LC classification. There are the remnants of an older masonry building and the concrete foundation from a second structure along the Broadway frontage. The preceding aerial photo depicts a couple structures on the northerly part of the tract. However, those structures were apparently destroyed by Humcane Ike or possibly by Hurricane Rita in September 2005. Either way, the only remaining improvements include the masonry shell of a building and the slab of a second structure. The improvements offer no measurable contributory value and tend to serve as somewhat of a detriment to the re-development of the land. FURNITURE, FIXTURES AND EQUIPMENT: None was included in this analysis and valuation. 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. There is apparently some dispute as to the ownership history of the property with both the City of Pt. Arthur, the George Welch Estate and Billy Williams claiming all or part ownership to the real estate. It does not appeaz to be actively offered for sale and I was not advised of a pending sale. Therefore, no recent sales history was available for review and analysis. HIGHEST AND BEST USE is defined in The Appraisal of Real Estate, Eleventh Edition, AppraisaZlnstitute, P. 297, as: " .....The reasonably probable and legal use of vacant land or an improved property which is physically possible, appropriately supported, financially feasible, and that results in the highest value". Some of the following explanations aze also out of that publication. The purpose of this appraisal is to estimate the value 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 amving at a fmal 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 environmental regulations can limit or dictate uses of a site. The land is believed to be zoned for commercial uses with a Light Commercial (LC) classification by the City of Part Arthur. This is a broad class that allows most general commercial and light industrial uses. However, any planned use should be pre- approved by the City as not all commercial uses are allowed. Physically Possible: The configuration of the property, its topography and availability of utilities are major components to this analysis. The site has a comer location at the primary intersection in Sabine Pass. It has adequate size and shape and ample public utilities are available. Financial Feasibility: Economically, a property use is expected to produce a positive retum to the investment. If it does, then it can be assumed to be a feasible or proper use. Factors dictating which uses aze feasible include the previously outlined possible and legal uses. The location, access, shape, area development, competing properties and general azea characteristics help determine what returns could be anticipated from various possible uses. The commercial zoning and the comer location at the "four way stop" are factors conducive for some type of commercial development. However, the recent devastation from humcanes has had a severe negative impact on area growth and neazly every improvement was at least partially damaged by either Rita or Ilse. Although expected to be somewhat short term in nature, the national recession has also had a negative impact on industrial businesses in Sabine Pass and all of Pt. Arthur as well as most of the balance of the country. Businesses that would tend to locate in Sabine Pass would tend to be local commercial in nature and cater to industry employees and the permanent population that has been significantly reduced since late 2005. Maximum Profitability: The most profitable use should 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 return to the investment. 10 After analyzing the above factors, the Highest and Best Use of the subject property, as of the effective date of this appraisal, was: Local commercial uses VALUATION PROCEDURES: The three standard approaches to value aze 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 compazison of other improved properties that have recently sold or aze 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 the poor condition of the improvements and there was not ample rental data available for similar pazcels of land and the Income Approach could not be utilized. The Direct Sales Comparison Approach is presented on the following page. 11 DIRECT SALES COMPARISON APPROACH Mazket data sheets aze on Pages 20 - 25. The mazket indicates properties of this type are most often traded on the basis of sales price per square foot and that will be the basis for this analysis. My analysis included searching the Beaumont MLS, the Mid-County A~II,S, the Orange MLS and the Galveston County MI,S for meaningful data. I also focused on sale dates after Hurricane lke. However, no sales were in any of these data bases far that time frame. Therefore, I relied on two sales in Sabine Pass after Hun'icane Rita and four sales in Pt. Arthur that occurred in 2008 but prior to Hurricane Ike as this was the best data that was available. They are not necessarily presented in their order of importance to this analysis. They are compared to the subject on the following grid: COMPARABLE LAND SALES SUMMARY TABLE No. Location Sale Date Price Size in SF Price/ SF I. Broadwa ,Sabine Pass 08/10/2006 $24,000 90,000 $0.27 2. 5020 Broadwa Street, Sabine Pass 12/04/2006 $28,000 19,500 $1.44 3. Gulfwa Drive 4900 Black , PA 09/30/2008 $30,000 11,250 52.67 4. Gulfwa Drive 2301 , PA 01/09/2008 $94,000 47.045 $2.00 5. Gulfwa Drive 6370 , PA 06/11/2008 529,000 26.000 $1.12 6. W. Pt. Arthur Rd 6400 Block , PA 05/23/2008 562,000 52,272 $1.19 *** An FFiCTViFNT rRiil*** sSALE#~~ ~Sub'ect ~1>~ ~2 ~~ i_~3r-~ ~ do' s 5~i i 6bi SALES PRICE 50.27/SF $1.44/SF $2.67/SF $2.00/SF $1.12/SF $L19/SF FINANCING Cash Cash Cash Cash Cash Cash Ad'ustment 0 8/2006 0 12/2006 0 9/2008 0 1/2008 0 6/2008 0 5/2008 DATE OF SALE Ad'ustment 0 27/SF $0 0 44/SF $1 0 52.67/SF 0 52.00/SF 0 S 1.12/SF 0 51.19/SF ADIUSTED SALES PRICE LOCATION Gulfwa Brdu . Broadwa -I . Broadwa -I Gulfwa -S Gulfwa -C Gulfwa -I W PA Rd-C Ad'ustment +$0.50lSF +$0.50/SF -$0.50/SF 0 +$0.50/SF 0 SIZE 22,500 SF 9Q,000 SF-1 19.500 SF 11,250 SF 47,045 SF-I 26,000 SF 52,272 SF-I Ad'ustment +$0.50/SF 0 0 +$0.25/SF 0 +$0.25/SF TOPONTll.ITY LevcVAde uate Com Com Com Com Com Com Ad'ustmen[ 0 0 0 0 0 0 INDICATED VALUE $1.27lSF $1.94/$F 52.17/SF $2.25/SF $1.62/SF S136/5F Comments: Sales 1 & 2 are one block east of the subject property fronting Broadway. These are inferior locations with respect to commercial development potential. Sale 1 was larger in size. There is an inverse relationship between size and price per square foot. This adjustment is necessary to help reflect what it would likely have sold for if smaller and more similar in size with the subject property. Sale 3 fronts Gulfway Drive and has a superior retail location next to a Walgreens Pharmacy. Sale 4 has a comparable comer location along Gulfway Drive and only required positive adjustment for its larger size. Sale 5 had an inferior location along Gulfway Drive in an older section of the city. Sale 6 had a comparable comer location along W. Pt. Arthur Road in Pt. Acres. It only required some adjustment for size difference. No other measurable adjustments were indicated. 12 Conclusion: There is a broad range of adjusted values and that is typical of azeas where sales data is sparse. There has been a recent storm that somewhat de-stabilizes property values as sellers ofren develop different attitudes about their property and/or sell somewhat under duress. That is why I felt it important to seek out sales after Humcane Ike but none were available. I then relied on sales data after Hurricane Rita as it was the best available. Based primarily on the preceding analysis, I am of the opinion that a unit value of $2.00/SF is considered reasonable. This calculates to the following indication of value for the subject site: 22,500 SF x $2.00/SF = $45,000 (all of Tracts 116 & 128) RECONCILIATION: I was of the opinion the data that was available was the best from the market place. It clearly indicated a somewhat unstable market due to the disparity in prices paid for somewhat similar properties. However, I do believe the data provided a value range that is within reason and I felt comfortab]e forming an opinion of value for each. 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 May 14, 2009, the value indication was: FORTY FIVE THOUSAND ($45,000) DOLLARS 13 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 Uniform 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 are 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 [his 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 prepazed, in conformity with the requirements of the Code of Ethics & Standards of Professional Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. 8. The use of this report is subject [o the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 9. I have made a personal inspection of [he 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 wmpleted the continuing education program of the Appraisal Institute. W . ~.~ 6/24/2009 Jimmy W. Bishop MAI, SRA Date 14 GENERAL LINIITING CONDITIONS This report is subject to the following General Limiting Conditions: 1. The appraiser will not be required to give testimony or appeaz in court because of having 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. 3. 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 aze 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 member be identified without written consent of the appraiser. GENERAL UNDERLYING 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. 3. 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 tme, correct, and reliable. A reasonable effort has been made to verify such information; however, no responsibility for its accuracy is assumed by the appraiser. 15 5. 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. 6. 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 may be required to discover such factors. 7. 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. 8. 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 and that there is no encroachment or trespass unless noted within the report. 16 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 Estate 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 Seminaz, 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, Mazch, 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. 17`s Annual Outlook for Texas Land Markets, San Antonio, Texas, April 2007. Mandatory Continuing Education, Legal, San Antonio, Texas, April 2007. 18`h Annual Outlook for Texas Land Markets, San Antonio, Texas, April 2008. Mandatory Continuing Education, Ethics, San Antonio, Texas, Apri12008. National USPAP Update, Houston, Texas, January 2009. 17 Qualifications of Jimmy W. Bishop, Page Two (Continued) EMPLOYMENT HISTORY 11/84- Present: Self employed as Fee Appraiser 3/82 - 10/84: Staff Appraiser with Cook & Associates Real Estate Appraisers 3/77 - 2/82: Staff Appraiser with American Real Estate Corporation, Appraisal Department Active in the Real Estate Appraisal business since 1975 and afull-time fee appraiser since the Spring of 1977 having completed appraiser assignments 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 and State District Courts as well as Federal Court. 18 TEXAS APPRA[SER LICENSING AND CL-RTIFICATION BOARD R£ 1T KA`O N4\' TNAT JIMMY VVAYNE BISHOP /IAI2?'G PROt'fDED SATA'FAC'TOR I' F.ITD/e,\'CF.' OP Tl/L QCALII~/CAT/Dd'S RfQCfR1iD Ri' TI/F. TF\'ASAPPRAlS1iR L/CE:\'.Sb~'l: AAD CFRTIF%CAY/OVA(T. TET'AS OCCGPAT/2\'S CODE. (%IAPTF.R f10?. IS AETlIOR!]£D TO [iSE TRIi T1T/l:' - STATECERTIHIED GENERAL REAL ESTATE APPRAISER Vumber: TX-1320185-G Climon P. $a~ rre, Chair ?lalmlm J. Ueasun Uune $, Scurn Date of Issue: Fcbruan• G. 2009 Datc of F.cpiration: iNarch 31, 2011 Lr N'imro' Thereof Chafr ~ L(Ilmm~ P $nyrn I . . A TfirolA. fi. lni:rc. Pnmmlvivner JamervR. RvIIiR. \'iye-Choi. ?ian:\.?IC:\nallr. crcremn_ ?~"illiam A. F'vulk. Jr. Lvrn D. Rokel Shirley J. \\'ard 19 PARTIAL LIST OF CLIENTS Bishop Real Estate Appraisers, Inc. 4749 Odom Road, Suite 101 Beaumont, Texas 77706 Allied Home Mortgage Capital AgriLand Farm Credit Bank of America Beaumont Housing Authority Bridge City State Bank Capital One National Bank Cendant Mobility/STARS Chase 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 Compass Bank CU Members Mortgage Diocese of Beaumont 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 Kountze ISD Lamar University Lower Neches Valley Authority Lumberton 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. Orange Savings Bank PNB Financial/McAfee Mortgage Port Neches Economic Development Corp. Premcor Refining Group, Inc. Safeguard Properties, Inc. Silsbee Economic Development Corp. Smithcorp Real Estate Services Superior Mortgage Texas Department of Transportation Texas First Bank Texas Workforce Commission The Church of Christ of Latter Day Saints The Mortgage Corner Valuation Administrators Wachovia Bank, National Association Wal-Mart Realty Appraisal Wells Fargo Bank 20 Land Sale No. 1 Property Idenfiticafion Record ID 1225 Property Tvpe Vacant Land, Residential Address Broadway. Sabine Pass, Jefferson County, 77655 Location Broadway and 5th Legal Description Lots 1-12, Block 5 Range 5 of Sabine Pass Deed Reference FC # 2006033290 Sale Data Grantor Samuel Hazold Lester Grantee Travis J. Berg Sale Date August 1 Q, 2006 Property Rights Fee Marketing Time Less than one year Conditions of Sale Norma] - no cash equivalency necessary Financing Cash to seller Sale History No sale in prior 3 years per JCAD Mineral Interests None included Verification Grantee; Confnmed by Tim Bishop Sale Price $24,000 Land Data Zoning Residential Topography Near level and cleared Otilities All available Dimensions 300' x 300' Shape Near square Fencing None Flood Info Zone - A 12 Land Size Information Gross Land Size 2.066 Acres or 90,000 SF 2.066 Acres or 90,000 SF , 100.00% Front Footage 300 ft Broadway & Tremont;300 ft 5th Avenue Indicators Sale Price/Gross Acre $11,616 Sale Price/Gross SF 50.27 Sale Price/ Acre 511,616 Sale Price/ SF 50.27 Remarks This is a mostly cleared vacant tract that was purchased for construction of an RV park. 21 Land Sale No. 2 Property Idenfification Record ID 1296 Property Type Improved. Vacant Land Address 5020 Broadway Street, Sabine Pass, Jefferson County, Texas'77655 Location Comer of Broadway and 5th Ave. ROW Legal Description Lots 5 & 6 + 30'x150' of abandoned 5th Ave ROW Deed Reference FC # 2006048181 Sale Data Grantor Harvey Hudspeth Grantee Joseph C. Bailleaux, Jr. Safe Date December 04, 2006 Property Rights Fee Marketing Time 150 days Conditions of Sale Normal - no cash equivalency necessary Financing Cash Sale History No sale in prior 3 years per JCAD Mineral Interests None included Veriticafion MLS 49555 & Agent-P. Holmes; 983-3400, Confirmed by Jim Bishop Sale Price 528.000 Land Data Zoning Residential Topograph}' Near level and mostly cleared Utilities All available Dimensions 130' x 150' Shape Near rectangulaz Flood Info Zone - A Land Size Information Gross Land Size Useable Land Size Front Footage Indicators Sale Price/Gross Acre Sale Price/Gross SF Sale Price/Useable Acre Sale Price/Useable SF 0.448 Acres or 19,500 SF 0.448 Acres or 19,500 SF , 100.00% 130 ft Broadway $62,548 $1.44 $62,548 $1.44 Remarks This is the sale of 2 platted lots that had the remnants of a residence destroyed by Hurricane Rita plus 1/2 the adjoining 5th Avenue right-of--way that was no[ improved. Asking price when sold was $28,000 and the purchaser indicated they plan to build a home on the land. 22 Land Sale No. 3 Property Identification Record ID 1670 Property Type Vacant Land, Commercial Address Gulfway Drive (4900 Block), Port Arthur, Jefferson County, Texas 77640 Location Next to Walgreen's Tax ID 3175050-0 & 500-2 Legal Description W/2 Lot 9, Lot 10, Ippolito Subdivision Deed Reference FC # 2008033504 Sale Da[a Grantor Diocese of Beaumont Grantee Manuel Cavazos Safe Date September 30, 2008 Property Rights Fee Marketing Time 31 days Conditions of Sale Normal - no cash equivalency necessary Financing Cash Sale History No sale in prior 3 years per JCAD Verification MLS 54437 & AREC; 727-3196, Confirmed by Jim Bishop Sale Price $30.000 Land Da[a Zoning Light Commercial Topography Near level and cleared Utilities All available Dimensions 75' x 150' Shape Near rectangular Landscaping Native grass Flood Info Zone - B Land Size Information Gross Land Size 0.258 Acres or 11,250 SF Front Footage 75 fr Gulfway Indicators Sale Price/Gross Acre $116,160 Sale Price/Gross SF $2.67 Remarks Asking price when sold was $35,000. Days on market = 31. 23 Land Sale No. 4 Prooerty Identification Record ID 1671 Property Type Cotmercial, Industrial Address Gulfway Drive (230]), Port Arthur, Jefferson County, Texas 77640 Location Gulfway, Bluebonnet & 17th Street Tax ID 53400-389100-7 & 389200-5 Legal Descripfion Lots 7 & 8, Block 345, City of Pt Arthur Deed Reference FC # 2008004478 Sale Data Grantor Mazk Fred Miller et ux Grantee Houma Dollar Partners, LLC Sale Date January 09; 2008 Property Rights Fee Marketing Time 104 days Conditions of Sale Normal - no cash equivalency necessary Financing Cash to seller Sale History No sale in prior 3 years per JCAD Verification MLS 52365 & Blount; 721-5533, Confirmed by Jim Bishop Sale Price $94,000 Land Data Zoning Commercial Utilities All available Dimensions +/- 330.3 x 150 Shape Near rectangular Flood Info Zone - B Land Size Information Gross Land Size 1.080 Acres or 47,045 SF Front Footage 330 fr Gulfway Indicators Sale Price/Gross Acre $87,037 Sale Price/Gross SF $2.00 Remarks Asking price when sold was $99,000. There were a couple old stmctures [hat were demolished afrer the sale closed to make way for the proposed Dollar Store. 24 Land Sale No. 5 Property Idenfi£ication Record ID 1674 Property Type Commercial, Commercial Address Gulfway Drive (6370), Port Arthur, Jefferson County, Texas 77640 Legal Description Lots 32-35, Block 2, Manchester Addition Deed Reference FC # 2008020900 Sale Data Grantor Estate of Virginia Bonura Grantee Wesley Johnson, et al Sale Date June 11,2008 Property Rights Fee Conditions of Sale Normal - no cash equivalency necessary Financing Cash to seller Sale History No sale in prior 3 years per JCAD VeriScation Grantee & deed; Confirmed by Jim Bishop Sale Price 529;000 Land Data Zoning Industrial Topography Near level and cleared Utilities All available Dimensions 200' x 130' Shape Near rectangular Flood Info Zone - B Land Size Information Gross Land Size 0.597 Acres or 26,000 SF Front Footage 200 fr Gulfway Indicators Sale Price/Gross Acre $48,586 Sale Price/Gross SF $1.12 Remarks A railroad right-of--way adjoins the rear property line. zs Land Sale No. 6 Pronerty Identi5cation Record ID 1585 Property Type Vacant Land, Commercial Address W. Pt. Arthur Road (6400 Block), Port Arthur, Jefferson Counry, Texas 77640 Location Comer of W. Pt. Arthur Rd & 64th Sheet Tax ID 53350-7100-6, et al Legal Description Lo[s 5-9 Blcok 7. Pt. Acres Terrace Addition Deed Reference FC # 2008020235 Sale Data Grantor Perissos Ministries. Inc. Grantee Thuy T. Nguyen Sale Date May 23, 2008 Property Rights Fee Marketing Time 29 days Conditions of Sale Normal - no cash equivalency necessary Financing Cash Sale History Last sold in 2002 per JCAD records Verification MLS 53704 & Agent-Remax 1st; Confirmed by Jim Bishop Sale Price $62.000 Land Data Zoning Commercial Topography Near level and cleared Ufilities All available Shape Slightly irregular Flood Info Zone - B Land Size Information Gross Land Size 1.200 Acres or 52,272 SF Indicators Sale Price/Gross Acre $51,667 Sale Price/Gross SF 31.19 Remarks Asking price when sold was $68,000. This tract was near level, mowed and ready for development. I relied on the MLS print-out for the land size of 1.20 acres. 26 ~.. - NEIGHB~RHODD MAP ~ am Hunt 'SJ :~ ~r e~ .~ SUBJECT PROPL•RTY s s~~. Pass ttf ,~ ~~ °~. a ~s ' ~. 27 Jcffelsun County Appraisal District 2008 Certified Values f Account Number. 300187-000-154000-00000$ Ownef Name: WILLIAMS BILLY C Property Address: GULFwAV S DR Owner Address: PO BOX 168 SABINE PASS TX 776550168 Legal Description: 50x150 PARK SQ TR 116 167 JNO MCGAFFEY .17 ABSTRACT 30D167 Deedlndex: Property Use Code: C1 Taxing Entities: SABINE PASS i5D SABINE PA55 PORT SAB-NEC WATfNAv JEFFERSON COUNTY PORT ARTHUR C1TY FARM AND LATL RD Homestead: Over ti5: Disabled Vet: Disabled: Value Information Total Improvement Value: 50.00 Total Land Value: X3,750.00 Productlvity Value: 40.00 Total Value: 53,750.00 Average Depth: 150.00 Frontage: 50.00 Acreage: Square Footage: Structure A Class Siding Stories Conditan Age Area Net Value Maln Building V 0 $D.00 Garage 1 50.00 Garage 2 50.00 Foundation Adjustment: 50.00 Marke[ Modifier': 0.00 % 50.00 Additional Depreciation: 0-00 % 50.00 Percent Complete: 100.00 % Page I of i 'Market Modifiers are methods of adjusting vsWe ID~+E~ « negative) based °" oomparabk sales to acwratey reMct curcenl market raWe as d January t of each year. 28 lzfferson County Apprais:.il District 2008 Certified Values Account Number: 300167-000-165000-00000-5 Owner Name: WELCH GEORGE EARL Property Address: 52aa GULFWaY 5 DR Owner Address: ~~ NE PASS TX 77655038a Legal Description: PT TR IZ8 267 )NO MCGAFFEY ABSTRACT 300167 LOT IZ8 Deed Index: Property Use Code: C1 ~- ~~ ~ Taxing Entities: SABiNE PASS ISD I SAB?NE PASS PORT Tf ~`~ SAB-NEC ti^!AT/NAV ]EFFERSON COUNTY PORT ARTHUR CITY FARM ANb LATL RD Homestead: Over 65: Disabled Vet: Disabled: Value Information Total Improvement Value: SO.oo Total Land Value: sZ,5o0.00 Productivity Value: s0.0o Total Value: S2,Sa0.00 Average Depth::30.00 Frontage: 100.00 Acreage: Square Footage: Structure A Class Siding Stories Condition Age Area Net Value Main Building V 0 50.00 50.00 Garage i Garage 2 50.00 Fpundatio~ Ad)ustment: $0.00 Flarket Modifier': 0.00 °h 50.00 Addawnal Depreciation: 0.00 °k 50.00 Percent Complete: 100.00 °p 'Market Mod~[!rs are methods of ad~usJing value (Posdive a nega:rvel based on comparabkt asks to accura:ery reflect currHnl market v8ix as of Jahuary ~ of each year 29 .~effc~rs __ ,,. ti,ir~.i•~ ~Q~--C.1LS~dE k t~ - _ • .,t, i .. ~~ .. 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