ORDER NO. 18904 APPROVAL TO PURCHASE RIGHT OF WAY FROM MR. & MRS. GEORGE CROWLEY ON ELM PASS ROAD FOR ELM PASS BRIDGE AT $522.00 FOR LAND AND $889.0@ FOR FENCE/TREES FOR A TOTAL PURCHASE PRICE OF 51,411.00 On this the 14th day of. August 1989, upon motion made by Commissioner Ray, seconded by Commissioner Holekamp, the Court unanimously approved to purchase Right of Way from Mr. & Mrs. George Crowley on E.Lm Pass Road for Elm Pass Bridge at, 5522.00 for land and $889.00 for fenr_e/trees for a total purchase price of $1,411.00. The County Treasurer and County Auditor are hereby authorized to draw a voucher on Line Item No. 71-610-550, Elm Pass, for $1,411.00 and made payable to Mr. & Mrs. George Crowley. Said voucher is to be held until Kerr County receives clear title to said Right of Way. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND "EIGHT" COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY T1~E COURT. MADE BY: `L ~ OFFICE: ~/l~f /1??SS~"pitJCie MEETING DATE: ! T c`3~ SUBJECT: (PLEASE BE SPECIFIC: ~ r- ESTIMATED LENGTH OF PRESENTATION: S/1jttr.~ IF PERSONNEL MATTER: NAh4E OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: ~e.~ TIME FOR SUBMITTING THIS REQUEST FOR COURT TO ASSURE THAT THE MATTER IS POSTED IN ACCORDANCE WITH ARTICLE 6252-17 IS AS FOLLOWS: MEETINGS HELD ON SECOND MONDAY: 12:00 P.M. PREVIOUS WEDNESDAY MEETINGS HELD ON THURSflAYS: •5:00 P. M. PREVIOUS THURSDAY. IF PREFERABLE, AGENDA REQUESTS MAY BE MADE ON OFFICE STATIONERY WITH THE ABOVE INFORMATION ATTACHED. THIS REQUEST RECEIVED BY:_ THiS REQUEST RECEIVED ON: TIME PREFERRED: A.M. P.M. ALL AGENDA REQUESTS WILL BE SCREENED BY THE COUNTY JUDGE'S OFFICE TO DE- TERMINE IF ADEQUATE INFORMATION HAS BEEN PREPARED FOR THE COURT'S FORMAL CONSIDERATION AND ACTION AT TIME OF COURT MEETINGS. •YOUR COOPERATION WILL BE APPRECIATED AND CONTRIBUTE TOWARDS YOUR REQUEST"BEING ADDRESSED AT THE EARLIEST OPPORTUNITY. ~ ~ August ~ 989 Commissioners Court Re: Right-of-Way, Elm Pass Road -Crowley Tract FACTS: • EIm Pass Road is classified as an Arterial Road. • SO' ROW exists from FM 480 to the Crowley Tract. • The ROW bordering the Crowley Tract is 30' wide. • Anew bridge over Verde Creek at Elm Pass Road will be constructed. • There is a 50` ROW on the other side of Verde Creek for 3 plus miles. • The acquisition of the Crowley tract will obviously improve: 1. S~L~ 2. ~BdI~tA~ • The construction of the Verde Creek Bridge is not contingent on the acquisition of the Crowley tract. • Hill Country Telephone has underground cables within the tract. NEGOTIATIONS: . • Mr. Crowley questioned the 5500.00 offered for the fence/trees. • He requested and received bids on fencing from the following: Allerkamp ...........................=1,150.00 Friesenhahn .......................=1,200.00 Best of Boerne .............:.........=936.00 Hyatt .........................................6965.00 Henderson ...........................61,073.75 • Mr. Crowley questioned the 0.244 acre; 6475.00 value. The area is 0.268 acre; =522.00 value. OONCf.USIONS: ` • Initial offer to Mr. & Mrs. George Crowley was 2975.00. Land ..........................................6475.00 Fenceltrees ............................6500.00 • Counter-offer 61,411.00. Land ..........................................2522.00 Fenceltrees ............................6889.00 • Mr. Crowley verbally accepted the vounter-offer, contingent upon approval of the Commissioners Court. • Funded: Schreiner Road Fund; Elm Pass; 71-610-550. and Dubuc Trarupomcion .,... ._ Form D-IS-2-Rev. 12.'wi REAL ESTATE APPRAISAL REPO. STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION Parcel Number Crowley Tract Project Number Address of Property Elin Pass Road Whole Taking Partial Taking x Property Owner George Crowlev Highway CR No. 272 Address I' - n _ Box 286. Center Point . Tx County Kerr Occupant's Name George Crowlev Between Stations Purpose of the Appraisal The purpose of this appraisal is to estimate the market value of the fee simple title to the real property to be acquired, encumbered by any easements not to be extinguished, less ofi, gas and sulphur. If this acquisition is of less than the entire property, any special benefits and damages to the remainder property must be included in accordance with the laws of Texas. Mazket Value may be defined as follows: "Market Value is the price which the property would bring when it is offered for sale by one who desires, but is not obliged to sell, and is bought by one who is under no necessity of buying it, taking into consideration all of the uses to which it is reasonably adaptable and for which it either is or in all reasonable probability will become available within the reasonable future." Certificate of Appraiser I hereby certify: That it is my opinion the total compensation for the acquisition of the herein described property is S 975.00 as of May 8 , 1989 based upon my independent appraisal and the exercise of my professional judgment; That on May 8 , 1989 (date)(s), I personally inspected in the field the property herein appraised; that I afforded Mr. George Crowlev ,the property owner or his representative, the opportunity to accompany me at the time of the inspcctioa; The comparables relied upon in rrtaking said appraisal were as represented by the photographs contained in the May 1 and 3 ,1989 appraisal supplement and were inspected on ~ (date)(s); That to the best of my knowledge and belief the statements contained in the appraisal hereinabove set forth are true, and the information upon which the opinions expressed therein are based is correct, subject to the limiting conditions therein set forth; That I understand that such appraisal is to be used in connection with the acquisition of right of way for a highway to be constructed by the State of Texas with the assistance of Federal-Aid highway funds or other Federal funds, and that such appraisal has been made in conformity with the appropriate State laws, regulations, and policies and procedures applicable to appraisal of right of way for such purposes, and that to the best of my knowledge no portion of the value assigned to such property consists of items which are noncompensable under the established taw of said State, and any decrease or increase in the fair market value of subject real progeny prior to the date of valuation caused by the public improvement for which such property is to be acq`uircd, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded in determining the compensation for the property; That neither my employment nor my compensation for making this appraisal and report aze in any way con- tingent upon the values reported herein; • That I have no direct or indirect present or contemplated future personal interest in such property or in any benefit from the acquisition of such property appraised; and that should I or any employee in my service acquire any interest in or to the property appraised prior to the acquisition of the parcel by the State, I wt71 immtdiately notify the State of such interest or interests; That I have not revealed and will not reveal the findings and results of such appraisal to anyone other than the proper officials of the State Department of Highways and Public Transportation of said Stau or officials of the Federal Highway Administration until authorized by State officials to do so, or until I am required to do so by due process of Iaw, or until I am released from this obligation by having publicly testified as to such findings. May 8, 1989 Date Signa ure G. Scott Binford, MAS, SRPA / Bob Reeves ' anment of Hishw~ri ~e Tef~tpoRatiow . ' ' ~sd y w~ .., Boas ;~r r Short Form Evaluation Report County R e r r Project No. C5J No. Account No. Parcel NO. Crow ey Tract Highway c R Neighborhood and Area Analysis: The subject site i s located approximately . 2 5 o f a mile south of the intersection of FM 480 and Elm Pass Road. The area is known for farming and recreation. The area is located approximately seven miles from major employment and shopping centers. A mobile home park joins the property to the north. 7..~ning, Highest and Best Use and Site of Subject Property (Explain if different for whole property and part taken The subject tract is not located within the corporate limits of a city an)cl is not subject to zoning regulations. At present the subject site is being utilized as farm land. A portion of the site is within the 100 year flood plain. The highest and best use of the tract is for farm land and to hold for' General Legal and Physical Description of Whole Property:.Pos,sible capital enhancement. SEE, ATTACHED DESCRIPTION OF THE PROPERTY General Legal and Physical Description of Part Taken: SEE ATTACHED DESCRIPTION OF THE PROPERTY Estimated Value of Taking: 'Land: _ 244_ ac. ~ S $1950. Per acre S 475 (Rd) Improvements' Trees & Fencing S 500.00 (Detail on ~ S Attachment) S S $500, ti Total ............................................. ......5 975.00 Remainder Damages, if any ' (Detail on Attachment) Less Enhancements, if any (Detail on Attachment) . S -o- S -o- Difference-Damages or (Enhancements) ...........................................5 0,00 Estimated Total Compensation ......................................................S 975.00 'Use Page 7 of Form D-IS-2 to show unit land value. If part taken unit value is different than whole unit value, explain and provide one (1) comparable for whole property and two (2) for taking. c'urriish comments on attachment as r.~cessary. ORDER N0. 18904 APPROVAL TO PUrcCfiASE RIGHT OF i~S' FRONT I~'Ei 2. & MRS. GEORGE CROtiYLEY ON ELM PASS ROAD FOR ELfh PASS BRIDGE AT $522.00 FOR IAND AND $889.00 FOR FENCE/TREES FOR A TOTAL PURCHASE PRICE OF $1,411.00 August 14, 1989 Vol. R, Pg. 475