• v `/
ORDER NO. 18833
MOTION TO MAKE A COUNTER OFFER TO MR. & MRS.
JOE BARNARD FOR RIGHT OF WAY ON ELM PASS ROAD
FOR ELM PASS BRIDGE
On this the 14th day of July 1989, upon motion made by
Commissioner Ray, seconded by Commissioner Holekamp, with
Commissioner's Ray, Holekamp and Morgan, and County Judge
Edwards voting "AYE", and Commissioner Baldwin voting "NAY",
said motion to make a counter offer of an additional $300.00
for a total of $3,610.00 to Mr. & Mrs. Joe Barnard, for the
purchase of land identified as Parcel 2 (Lot 83) and Parcel 3
(Lot 84) Cypress Tree Estates, for Right of Way for Elm
Pass/ Verde Creek Bridge, (off system bridge replacement
program) was approved by a majority vote.
If Mr. & Mrs. Barnard do not accept this counter offer, the
Court hereby authorizes the County Attorney to start
condemnation proceedings.
Joe k I4agda Barnard
2666 W. Summit i~venue
San Antonio, TX 78228
July 8, 1989
Mr. Bill Ray
Kerr County Commissioner
Precinct 2
700 I~iain Street
Kerrville, TX
Dear Sir,
This is in reference to the construction of a new bridge across Verde
Creek on ELm Pass Road." Our land involved is identified as Parcel 2 (Lot 83)
and Parcel 3 (Lot 84).
The County~s offer of X3100.00 for Parcel 2 and X210.00 for Parcel 3
appears generous based on ttie appraisers criteria as described. However,
his comparative sales were not similar in one important aspect. From our
knowledge of the area, the sales described may be superior as building sites,
but they are inferior in that they do not have off the paved road access.
The optimum use of our land is recreational, for which we have always valued
it, and we therefore consider the combination of immediate off the road
access and creek water front to be intrinsic beyond the appraisers technical
considerations.
As stated in paragraph 2 of your letter, the amount offered disregards
the effect of construction on the value of the property. We believe that
the loss of road and creek frontage has been dis regarded in consideration of
damages, as well as the loss of a large bearing pecan tree that serves as
the boundry anchor point between the two parcels of land. (tippears in pic-
ture).
The following quantifies the narrative above;
a. Parcel 2 road and water front calculation -
7500 x .!~!i AC = 3300 for Lot 83
Waterfront value per foot 3300/160.90 = 20.51
20.51 x 50.39 ft to be taken a 1033
Roadfront value per foot 3300721+8.20 15.12
15.12 x lt7.12 to be taken 712
Average of road and waterfront s 873
b. Parcel 3 road front calculation:
7500 x .lib AC = 350 for Lot 84
Road front value per foot = 3~t50/100 3.50
34.50 x 6.18 increase in road front = -213
c. Relative value of pecan tree compared to Cypress = 450
d. 873.00 -213.00 w 150.00 1110.00 additional damages.
e. The total corrected amount for each parcel is:
Parcel 2 - (3100 + 873 ~ 3973)
Parcel 3 - (210 + l~50 - 213 ' 1~lt?)
Our total. asking price is 3973 + ~t47 ' l~1t20 for Parcel 2 and 3
#~11t20.00
24arket value is defined as the price at which a willing seller would be
willing to sell and a willing buyer would be willing to buy, neither being
under abnozmal pressure. Because these conditions do not exist in the case
of our transaction with Kerr County, we believe that our request for an ad-
ditional $1110.00 is justified.
Aside from all of the above, we want to thank you for the time and
personal attention you have given us in this matter. Whatever the outcome,
it is good to know that our interests in Kerr County are well represented
in Precinct 2.
Sincerely,
n ~,~'~
> K~7r Jy
i~" / l~C / ~f/L l~~ ~ y
2 Atch
1. Letter, Parcel 2, June 13, 1989
2. Letter, parcel 3, June 13, 1989
Mate Depsrtmrnt of Ilishw~ys ""
and Public Transportation
Form D.15.2-Rev. 12-8{
REAL ESTATE APPRAISAL REPORT
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
Parcel Number. 3 Project Number
Address of Property Lot 8 4 C y p r e s s T r e e
Property Owner Joe D. B a r n a r d
Whole Taking Partial Taking v P s
Highway CR 272' Elm Pass Road
Address 2666 w. Summit, San Antonio County Kerr
Occupant's Name_N~A Between Stations 28+23.06 and 29+12.47
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 oil, 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.
Market 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 wl~icll 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
1 ltcrcby certify:
That it is my opinion the total compensation for the acquisition of the I~erein described property is $ 210.00
March 28,198
as of ~ased upon my independent appraisal and the exercise of my professional judgment;
"1'}Int ol>_M a r c h 2 8, 1 9 8 9 (date)(s), l personally inspected in ttie field the property herein
appraised; that 1 afforded Joe Barnard ,the property owner or his representative,
the opportunity to accompany me at the time of the inspection;
The comparables relied upon in making said appraisal were as represented by the photographs contained in the
March 2~ & 28, 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 law of said State; and any decrease or increase in the fair market value of subject real property
prior to the date of valuation.caused by the public improvement for which such property is to be acquired, 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 are 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 yr in any
benefit from the acquisition of such property appraised; and that should 1 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 will immediately
notify the State of such interest or interests;
That 1 leave not revealed and will not reveal the findings and results of such appraisal to anyone other than the
proper officials of the State Departfnent of Highways and Public Transportation of said State or officials of the
Federal Highway Administration until authorized by State officials to do so, or until .1 am required to do so by
due process of law, or until 1 am released from this obligation by having publicly testified as to such findings.
r March 2 8 . 19 8 9 ~ ~Gt i/ L~[r2.~
Date Signature
G. Scott Binford, MAI, SRPA / Bob Reeves
r.:.._.... r.:,,t,t o_.,.e.. o.
,,tale Depv+mem of Hiyhr.fff
' end Publk Traasporntio~
foam Dd3-1
Re.. !0•d3
Short Form Evaluation Report
County K e r r
Project Nv.
CSI No. 0915-15-005
Account No.
Parce! No. 3
Highway C R 2 7 2
Neighborhood and Area Analysis: The subject site is located approximately . 5 mile
South of the intersection of FM 480 and Elm Pass Road (CR 272). The area
is known for farming and ranching. The area is located approximately
seven miles from major employment and shopping centers .which are in
Kerrville. The primary reason for purchasing property in the area is
for recreational usage, homesites or small farming operations.
Zoning. Highest and Best Use and Site of Subject Praperty (Explain if different for whole property and part taken):
The subject site does not fall within a corporate limit of a city there-
fore no zoning ordinances apply. The site is restricted by deedtt:o'~t~ff~le
family residences. The entire whole property is located within the 100
year flood plain. The highest and best use of the tract is for recreational
General Legal and Physical Description of Whole Property: use .
SEE ATTACHED PROPERTY DESCRIPTION
General Legal and Physical Description of Part Taken: The part taken will be approximately
.028 of an acre out of Lot 84, Cypress Tree Estates, Kerr County, Texas.
The part taken is triangular in shape with approximately 71.44 feet of
frontage along Elm Pass Road. The part taken does not front Verde Creek
and .has the same physical characteristics of the whole property.
Estimated Value of Taking:
*Land: • 028 ac ®$ 7500. per acre X210 , 00
Improvements: S - 0 -
(Detail on S - o -
Attachment) S - 0 - S - 0 -
Tota1 .....................................................~ 2 i 0.0 0
Remainder .
Damages, if any
(Detail on Attachment)
~ -o-
Less Enhancements, if any
(Detail on Attachment)
$ -0-
Difference-Damages or (Enhancements} ...........................................$ 0 00
Estimated Total Compensation ......................................................~ ~~ n _ n0
'Use Page 7 of Form D-1 S-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.
Furnish comments on attachment as necessary.
State Department of Highways ~/ -~ i % "S ~ ~-~
• -and PubGe Transportation "" ""
' Form D-15.2-Rev. 12.84
-~ REAL ESTATE APPRAISAL REPI,..z-
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
Parcel Number 2 Project Number
Address of Property Lot 83 Cypress Tree Est ~Nhole Taking Partial Taking X
Property Owner Joe D. Barnard Highway CR 272
Address 2666 W. Summit, San Antonio, TX County Kerr
Occupant's Name NSA Between Stations 26+00 & 28+23.06
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 oil, 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.
Market 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 $ 31Q0.00
as of March 28.1989 based upon my independent appraisal and the exercise of my professional judgment;
That on March 2 B . 1989 (date)(s), I personally inspected in the field the property herein
appraised; that I afforded Joe Barnard ,the property owner or his representative,
the opportunity to accompany me at the time of the inspection;
The comparables relied upon in making said appraisal were as represented by the photographs contained in the
March 27 and 28, 1989
appraisal supplement and were inspected o~ _. ____ (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 law of said State, and any decrease or increase in the fair market value of subject real property
prior to the date of valuation caused by the public improvement for which such property is to be acquired, 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 are 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 will immediately
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 State 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 law, or until I am released from this obligation by having publicly testified as to such findings.
March 28 1989 _ ~ -~~~'y'" ~~~~~-
Date SiXnature / Bob Reeves
G. Scott Binforc3", MAI, SRPA.
n:...:... c:..ta oe.,:e...e.
Departnttnl of Highwq~
~~ublk Traroporutioa
irm D-13-1
Rr.. loss
Short Form Evaluation Report
'°~ County Kerr
Project No.
CSJ No. 091515-oos
Account No.
Parcel No. 2
Highway CR 272
Neighborhood and Area Analysis:
The subject site is located approximately .5 mile south of the intersection of FM 480 and Elm
Pass Road (CR 272) near the town of Center Point. The area is known for farming and ranching
The area is located approximately seven miles from major employment and shopping centers
which are located in Kerrville. The primary reason for purchasing property in the area is for
recreational usage, homesites or farming operations.
Zoning, Highest and Best Use and Site of Subject Property (Explain if different for whole property and part taken):
fhe subject site is not within the corporate limits of a city and is not subject to zoning
ordinances. The site is restricted by deed to single family residences. The entire whole
property is located within the 100 year flood plain. The highest and best use of the tract
~,ene°ral ~.ega~anc~`~iysica~~escription of Whole Property:
gee attached general legal and physical description of the whole property.
general Legal and Physical Description of Part Taken:
`he part taken will be approximately .171 of an acre out of lot 83, Cypress Tree Estates, Kerr
:ounty, Texas. The part taken is rectangular in shape with approximately 218.2 feet of
'rontage along Elm Pass Road and 50.39 feet of frontage along Verde Creek, The part taken has
:he same physical features as the whole property. Two large Cypress Trees are within the
>art taken.
estimated Value of Taking:
•Land: ~?1 acre ~ s 7500 pef acre S 1283.
Improvements' Cypress Trees S 1800.
(Detail on ~ S
Attachment) S S lsoo,
Total ......... ..........................................5 3083
Remainder
Damages, if any
(Detail on Attachment) $ -o~
Less Enhancements, if any
(Detail on Attachment)
$ -o-
Difference-Damages or (Enhancements) ........................................... $ -0'
Estimated Total Compensation ...................................................... $ 3083
(rd) $3100
`Use Page 7 of Form D-I S-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.
~urnish comments on attachment as necessary.