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ORD 2003-18 - Offer - Condemn Easement (Cole) 12-16-2003ORDINANCE NO. 2003-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR THE CITY OF HUNTSVILLE FOR THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTY THAT IS REQUIRED FOR PUBLIC PURPOSE (WASTEWATER EASEMENT); DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED; PROVIDING FOR THE FILING OF LIS PENDENS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS The City Council of the City of Huntsville now finds and determines that public convenience and necessity require that the City of Huntsville acquire wastewater easement described herein for public purposes for the diversion of wastewater flow from the north plant to the Robinson Creek Plant as recommended in the ,Huntsville Plan, study prepared in 1995, and construction of wastewater service to the Westridge Subdivision and other areas of Huntsville; NOW, THEREFORE, be it ordained by the City Council of the City of Huntsville, Texas, that: Section 1: The City Council of the City of Huntsville officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition of a wastewater easement described below for the purpose of constructing wastewater lines to divert wastewater flow from the City, s treatment plant in the northeast to the Robinson Creek Wastewater Treatment Plant as recommended in the ,Huntsville Plan" study prepared in 1995, and to serve the Westridge Subdivision and other areas within and without the City limits of the City of Huntsville, Texas: Being a 50 foot wide wastewater easement across Thomas Carroll Cole, Jr. and Jan Carroll Cole Property, LEWIS COX LEAGUE, A -13, Walker County, Texas, said easement being more fully described in Exhibit Al" attached hereto and incorporated herein. Section 2: That the City Attorney is authorized and directed to make an offer of $28,341.62 to Thomas Carroll Cole, Jr. and Jan Carroll Cole, the record owners of the easement described in Exhibit Al ", and the offer shall provide that if it is not accepted within ten (10) days after receipt, the City of Huntsville will consider such offer refused and will institute condemnation proceedings. Section 3: That in the event that the offer is refused, either expressly or by failure of the owners to unconditionally accept the same within the time specified, the City Council finds that public necessity requires the acquisition of the wastewater easement for the construction of wastewater lines to divert wastewater flow from the City, s treatment plant in the northeast part of the City as recommended in the ,Huntsville Plan" study prepared in 1995, and to serve the Westridge Subdivision of the City of Huntsville and other areas both within and without the City, and the City Attorney is authorized to institute condemnation proceedings against the property owners on behalf of the City of Huntsville under the provisions of Chapter 21 of the Texas Property Code, the Charter of the City of Huntsville, or any other applicable state or local law. Additionally, the City Attorney is directed to file notice of this action in the real property records of Walker County, Texas, pursuant to Section 12.007 of the Texas Property Code. Section 4: Should the offer be accepted , the money above set forth shall be paid out of any appropriation heretofore made for which the above described easement is required. Should the offer not be accepted, the amount finally awarded to the owners in the condemnation proceeding, plus costs, fees and expenses, shall be paid out of such funds so appropriated. Section 5: This ordinance shall take from and after its passage. PASSED AND APPROVED by the City Council of the City of Huntsville, Texas on this 16th day of December, 2003. THE CITY OF HUNTSVILLE, TEXAS Karl avidson, Mayor AITEST: Danna Welter, City Secretary APPROW Z4;RM: � Paul Isham, City Attorney R`�' CITY COUNCIL Item No. 5f December 16, 2003 �'�►!� AGENDA ITEM Prepared By: Glenn E. Isbell, P.E., Director of Planning & Development Department Head Approval: GEI ORDINANCE 2003 - 12.16.3, AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTY (THOMAS CARROLL COLE, JR. AND JAN CARROLL COLE PROPERTY) ITEM DESCRIPTION. Authorize the City Attorney to negotiate with Thomas C. Cole, Jr. and Jan Carroll Cole for the acquisition of an easement across the subject property in the amount not to exceed $28,342; and if necessary to authorize the City Attorney to begin condemnation proceedings for the acquisition of same. RESULT to be ACHIEVED: To acquire easements necessary for the construction of a gravity sewer line and sanitary sewer force main. BACKGROUND: The above - referenced easement has been appraised as follows: • Timber Value: $15,341.62 • Land Value: $13.000.00 TOTAL $28,341.62 In previous conversations, Mr. Cole has indicated he is unwilling to grant an easement across the subject property. FISCAL IMPACT or FUNDING SOURCE: Fiscal Impact: $28,341.62 Funding Source: Budgeted Funds RECOMMENDED MOTION. Approve Ordinance 2003 -12 -16.3, authorizing the City Attorney to make an offer for the City of Huntsville for the acquisition of certain interests in property that is required for public purpose (wastewater easements), directing the City Attorney to institute condemnation proceedings in the event such offer is refused; providing for the filing of lis pendens. ATTACHMENT(S): Ordinance 2003 -12 -16.3 Easement Document CITY COUNCIL APPROVED UTILITY EASEMENT Project No. 00 -10 -28 Date: Grantors: THOMAS CARROLL COLE, JR. and JAN CARROLL COLE Grantors' mailing address: P. O. Box 119, Huntsville, Walker County, Texas 77342-0119 Grantee: The City of Huntsville, Texas, a home -rule municipal corporation. Grantee's mailing address: 1212 Avenue M, Huntsville, Walker County, Texas 77340 Consideration: One ($1.00) and other good and valuable consideration. Property: Project No. 00- 10 -28; Tax ID No. 0013 - 125 -0-00210 SEE EXHIBIT "A" ATTACHED for tite purpose of constructing, maintaining, operating, repairing, and replacing utility lines, including all incidental equipment and appurtenances, in, over, upon, through and under the premises herein above described. (A). For erosion control purposes, the easement rights granted and conveyed herein to the City shall also include the right at any time in the future to add, construct, maintain, repair or replace concrete, rock rip rap or other forms of improvements to protect the pipelines within or adjacent to creeks, gullies, and other natural or man -made water drainage courses. (B). The City of Huntsville shall have the right to move and keep moved all or part of any building, trees, shrubs, other growths or improvements that in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems on any of the easement. The City of Huntsville shall not be responsible for replacing or reimbursing the property owner due to removal or relocation of any obstructions in the public easement. The City of Huntsville shall replace all existing fencing that crosses the easement to existing or better conditions and install and maintain gates within the existing fences that cross the easement. Reservations and exceptions to Conveyance and Warranty: 1. Grantors represents and warrants to the City that no liens exist against the property other than the following: (list liens if any) 2. Grantors, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to the City of Huntsville the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to the City of Huntsville, its successors, administrators or assigns forever. Grantors binds themselves, their heirs, executors, and assigns to warrant and forever defend all and singular the property to the City of Huntsville and the City's successors, administrators 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. THOMAS CARROLL COLE, JR. JAN CARROLL COLE State of Texas, County of Walker. This instrument was acknowledged before me on the day of 2003, by THOMAS CARROLL COLE, JR. NOTARY PUBLIC, STATE OF TEXAS State of Texas, County of Walker. This instrument was acknowledged before me on the day of 12003, by JAN CARROLL COLE. NOTARY PUBLIC, STATE OF TEXAS This document was reviewed by: Paul Isham, City Attorney MOORER & WOODS, INC. Registered Professional Land Surveyors Licensed State Land Surveyors Huntsville, Texas 77340 THE STATE OF TEXAS § COUNTY OF WALKER § I, Leonard E. Woods, Registered Professional Land Surveyor No. 2524, do hereby certify that the following field notes represent a survey made on the ground of the following described tract or parcel of land located in Walker County, Texas. Coordinates, bearings and linear units herein are referred to the Texas Coordinate System of 1983, Central Zone, and based on the position of National Geodetic Survey (formerly known as the U. S. Coast & Geodetic Survey) Primary Airport Control Station (PALS) monument designated "T39 A" having published NAD 83 (1993) coordinates of N= 3,128,437.762 meters and E= 1,154,289.433 meters. Distances herein are U. S. Survey Feet in "Grid" units and may be converted to "Field Horizontal" by dividing by a combined scale factor of 0.99988. 50 FT. WIDE WASTEWATER EASEMENT ACROSS THOMAS CARROLL COLE, JR. and JAN CARROLL COLE PROPERTY LEWIS COX LEAGUE, A -13 WALKER COUNTY, TEXAS Being a strip of land, fifty (50) feet in width, situated in the LEWIS COX LEAGUE, Abstract No. 13, Walker County, Texas, and being over and across a called 251.78 acre tract described as "'Tract No. I1" in a Deed from Margaret Thomason Cole to Thomas Carroll Cole, Jr. and Jan Carroll Cole dated April 23, 1987 recorded in Volume 42, page 9, Official Public Records of Walker County, Texas, said fifty (50) foot wide strip lying fifteen (15) feet Right or westerly and thirty -five (35) feet Left or easterly, as measured at right angles, from the following described baseline, shortening or lengthening the side lines of said strip to terminate on property lines so as not to create overlaps or gaps: BEGINNING, at a point in the north line of said Cole 251.78 acre tract and the south line a called 127.82 acre tract, situated in the PLEASANT GRAY LEAGUE, Abstract No. 24, described in a Deed from the Thomason Family Partnership, LTD., et al to Gregory G. Hall dated November 8, 2001 and recorded in Volume 480, page 647, Official Public Records, said beginning point having coordinates of N= 10,257,788.86 feet and E= 3,784,342.77 feet and from which a 3la" iron pipe found for the northwest corner of said Cole 251.78 acre tract and the northeast corner of a called 39.6 acre tract described as "Tract No. I" in said Deed to Thomas Carroll Cole, Jr. and Jan Carroll Cole recorded in Volume 42, page 9, Official Public Records bears S 87 °43'27 "W - 869.24 feet and from said '/ " iron pipe corner a 23" Hackberry (found) bears S 30 °E- 29.6 feet and the center of a Hackberry stump (found) bears S 20 °E- 28.6 feet and also from said beginning point a 4" square concrete monument scribed "TEXAS PRISON LINE" at a fence corner post found for the southeast corner of said Hall 127.82 acre tract and the southwest corner of a called 515 acre tract situated in said GRAY LEAGUE, described in a Deed from Ed M. Cunningham, et al to the State of Texas dated June 23, 1883 and recorded in Volume Y, page 181, Deed Records, bears N 87 °43'27 "E - 1970.61 feet, said monument being also the most southerly southwest corner of the "Wynne State Farm ", a called 1912.59 acre tract, described by Ralph J. McMahon in a resurvey of "Texas Prison System Properties" published in Bulletin No. 26 of the Texas Reclamation Department dated February 1935 and archived in the Texas State Library, Austin, Texas; THENCE across said Cole 251.78 acre tract as follows: (1) S 04 °35'19 "W - 35.25 feet to a point; (2) N 87 043'27 "E, parallel with and 35.00 feet southerly, as measured at right angles, from the north line of said Cole 251.78 acre tract, a distance of 1148.94 feet to a point; (3) S 57 °58'08 "E - 478.98 feet to a point; (4) S 81 049'22 "E - 1072.04 feet to a point; EXHIBIT "A" Page 1 of 2 50 ft. San. Sewer Easement across Page Thos. C. Cole, Jr., at at property, L. COX LGE., A -13 Walker County, Texas (5) S 59 °52'30 "E - 642.83 feet to a point 35.00 feet westerly, as measured at right angles, from the east line of said Cole 251.78 acre tract and the west line of a called 28.31 acre tract described in a Deed from James J. Thomason to James B. Hall dated March 3, 1961 recorded in Volume 170, page 131, Deed Records; (6) S 01 °24'10 "E, parallel with and 35.00 feet westerly, as measured at right angles, from the common line of said Cole 251.78 acre and said Hall 28.31 acre tracts, a distance of 166.09 feet to a point; (7) S 79 °40'09 "W - 557.24 feet to a point; (8) S 76 °55'10 "W - 443.29 feet to a point; (9) S 67 °20'31 "W - 629.62 feet to a point; (10) S 35 °50'58 "W - 492.75 feet to a point; (11) S 05 °09'29 "E - 593.49 feet to a point; and (12) S 31 °40'32 "E a distance of 173.45 feet to the POINT OF TERMINATION, a point having coordinates of N= 10,255,323.23 feet and E= 3,785,810.08 feet in the northwest right -of -way of State Highway No. 30, said right -of -way being described as a called 5.482 acre parcel in a Deed from Margaret T. Cole to The State of Texas dated May 8, 1967 recorded in Volume 206, page 447, Deed Records, and from said termination point a concrete highway right -of -way monument bears N 58 033'32 "E - 241.98 feet and another bears S 58 °33'32 "W - 510.85 feet; NOTES: 1. Total length of easement baseline is 6,433.97 feet and proposed 50 foot wide easement encompasses 7.38 acres of land, more or less. 2. For further information, see Plat of Proposed 50 ft. Easement, labeled Exhibit "B ", prepared concurrently with the legal description herein. Surveyed on April 2002. Si g ned ; --�F e� Leonard E. Woods Reg. Prof. Land Surveyor No.2524 D:yobs02\02082 \02082 -5. fns 1Pt � s r Fr£�ti TG� R�O`d LEONARD E. WOODS "O 2524 EXHIBIT "A" Page 2 of 2 P M- P o�- o u . f � m: � q G P,- � � H W b a Iz . 3 : 0 • ri',. " 9 8' p N G- ° ro - w o w COIi 39. C�: ba z : �F•.q "' o p At. `Tract NO. I. "! o m oA % a o VOI. 42 n� _ .,_°* s o' �n P9 as, O.P.R. n C-o of :17: 4a v): o mm ip9 t`npanQ ro ro W 3 °1 °ny a S 00 .... .\ .. . .... \j •,' cn .. 'ts yr° m = wo -°• m -« o°i % ! n '•° 1* 31 2M �>o 0 3 ui a c a' w WtD 6i 1 gvtiy o .0 o' c° •-i�wo Qe C w3 n,a m��S .,tip *! +,pvn m n0 T yn nbp O if v�� R. Zt Nam amp W �°an q N oNiDy 01 ao � K W r wi�l a Q N1. m a°l� �muatiz� y Cb b �•i to 3` p`--►1 `!1 ia 'N O A W O a ' 1 `✓ w� S 05 °0929" £_ —_S-$ r 593.49 c` ra ? Q a LJ N., <H pp g y co- (b N O '4 ! u ci IL co r y U3 p `° .dry � °' ci y� i ;v rn D M �o w ! a mr° _ n X a b p O. Vg m� % o v s 01 z4ra° tsgstt n N< 2 -9 C_ m a �j n �, <,t� a ?� X rp a \ M., �� 1 t, D k D D pp l Y co UTO o NAD 83 (! 993) CD " Bp[j '-f Fr tio� 1 iw June 19, 200' Isbell Director of Planning & Development City of Huntsville 448 Hwy 75 North Huntsville, TX 77320 r Iru e t `�� ASSOCIA'T'ES, iNC. Re: Proposed sewer line easement across Dr. Cole's 25 /ac tract in the Pleasant Gray League, A -24, Walker County, Texas. Dear Mr. Isbell: At your request, we have evaluated the trees within the 50' right of way for the proposed sewer line on the above referenced tract. We measured and tallied each tree and determined the approximate value of the trees to be as follows: Pine Sawtimber Pine Pulpwood Hardwood Sawtimber Hardwood Pulpwood Saplings 1 " -5" dia. Saplings 1' dia. 31.1 MBF 27 cords 1.46 MBF 14.7 cords 2,750 trees 4,325 trees @ $309.53 = $9,626.38 @ $ 16.49 = $ 445.23 @ $127.79 = $ 186.55 @ $11.63 = $ 170.96 @ $ 1.00 = $2,750.00 @ $ ' .50 = $2,162.50 $15,341.62 Total estimated value of all forest products as of 6-19-03 is approximately $15,341.62. Per unit prices were obtained from the Texas Timber Price Trends, Vol. 21, No.2, report produced by the Texas Forest Service. Attached is the stand table showing a breakdown of tree counts by size. Please note that the centerline of the right -of -way was not staked or identified on the ground and it's location had to be estimated. THIS IS AN OPINION OF VALUE AND SHOULD NOT BE CONSIDERED AN APPRAISAL. In making any decision that relies upon my work, you should know that I have not followed the guidelines for development of an appraisal or analysis contained in the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation. If you have any questions please call me. Sincerely, Mark E. Erb President Mark E. Erb: 131410th Street . Suite 240 . Huntsville, TX 77320 . 936.291.6661 . Fax: 936.294.0301 - markerb @txucom.net Craig Koehl. P.O. Box 934 - Katy, TX 77492. 281 M1.4599 - Fax: 281.574.4331 - cnkoehl @pdq.net Forestry Associates Inc. Dr. Cole's Property Walker County, Texas MARKED ACRES 25 Approx 6/19/03 Pine Sawtimber Stand Table Volume DBH Number of Trees Volume 10 0 0 12 41 1,739 14 47 4,130 16 38 5,232 18 24 ` 4;867 20 12 3,260 22 13 4,897 24 11 5,070 26 2 1,049 28 1 807 Totals : 189 31,051 Avg. Vol /Tree = 164.3 BF Avg. Vol/Acre = 1,242.0 BF Pine Pulpwood DBH Number of Trees Volume 6 73 2.9 7 61 4.1 8 33 3.1 9 26 3.2 10 37 5.6 11 27 5.1 12 6 1.2 13 2 s.. '0:6 14 2 0.5 17 2 0.6 18 1 0.4 20 1 0.4 Totals : 271 27 Avg. Vol/Tree = 0.1 Cords FC 80 - Doyle Avg. Vol/Acre = 1.1 Cords These figures are based on a 100 ° o inventory of sawtimber and a 100% inventory of pulpwood and should not be considered a guarantee ofvolume. cds Forestry Associates Inc. Dr. Cole's Property Walker County, Texas MARKED ACRES 25 Approx Number of Trees Volume 6/19/03 36 1.3 Hardwood Sawtimber Stand Table 2.5 DBH Number of Trgcs Volum 12 0 0 14 1 48 16 1 72 18 4 429 20 1 180 22 0 0 24 1 293 26 0 0 28 1 434 Totals 9 1,456 22 Avg. Vol/Tree = 162 BF 0.4 Totals Avg. Vol/Acre = 58 BF 14.7 Hardwood Pulpwood DBH Number of Trees Volume 6 36 1.3 7 47 2.5 8 26 1.9 9 30 2.8 10 11 1.3 11 7 1.0 12 6 1.0 13 3 0.6 14 1 03 15 0 0.0 16 1 0.3 17 3 1.0 19 1 0.4 22 1 0.4 Totals 173.0 14.7 Avg. Vol/Tree = 0.1 Cords FC 78 -Doyle Avg. Vol/Acre = 0.6 Cords These figures are based on a 100% inventory ofsawtimber and a l00% inventory ofpulpwood and should not be considered a guarantee ofvolurrie. m: cds PROJECT NO. 00 -10-28 A SUMMARY APPRAISAL REPORT - COMPLETE APPRAISAL A PARTIAL TAKING OF 7.38 ACRES OUT OF A 251.78 ACRE TRACT OF VACANT LAND LEGALLY DESCRIBED IN THE LEWIS COX LEAGUE, A -13, WALKER COUNTY, TEXAS Prepared For: Mrs. Diane Fuller Property Research Coordinator - Planning and Development City of Huntsville 448 State Hwy 75 North Huntsville, Texas 77301 Effective Date: April 21, 2003 This is a Summary Appraisal Report (Complete Appraisal), which is intended to comply with the reporting requirements set forth under Standards Rule 2 -2(b) of the Uniform Standards of Professional Appraisal Practice for a Restricted Appraisal Report. As such, it presents only summary 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 depth of discussion contained in this report is specific to the needs of the client and for the intended use stated below. The appraiser is not responsible for unauthorized use of this report. CLIENT: Mrs. Diane Fuller Property Research Coordinator - Planning and Development City of Huntsville 448 State Hwy 75 North Huntsville, Texas 77320 APPRAISER: Malcolm W. Willey Alliance Realty Advisors 3828 W. Davis, Ste. 314 Conroe, Texas 77302 SUBJECT: A 251.78 acre tract of land, involving a partial taking of 7.38 acres, Walker County, Texas PURPOSE OF THE APPRAISAL The purpose of this appraisal is to provide the appraiser's best estimate of the market value of the subject real property as of the effective date. It is our understanding that the City of Huntsville is planning an expansion of a sewer line, which is planned to traverse the subject property. Market value is defined by the federal financial institutions regulatory agencies as follows: (a) buyer and seller are typically motivated; (b) both parties are well informed or well advised, and each acting in what he considers his own best interest; © a reasonable time is allowed for exposure in the open market; (d) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto and (e) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Source: 12 C.F.R., Section 563.17-la(b) (2)) Page - 2 - Partial taking of 251.78 acres of vacant land Walker County, TX INTENDED USE OF REPORT: ►VYJ : 'i-"A 10 011 EFFECTIVE DATE OF VALUE: DATE OF REPORT: This appraisal is intended to assist the client, The City of Huntsville, in valuation of the property for an easement taking. Fee simple estate April 21, 2003 July 7, 2003 APPRAISAL DEVELOPMENT AND REPORTING PROCESS: In preparing this appraisal, the appraiser * inspected the exterior of the property; * gathered information on comparable sales and listings; * confirmed and analyzed the data and applied the sales comparison approach. To develop the opinion of value, the appraiser performed a complete appraisal process, as defined by the Uniform Standards of Professional Appraisal Practice. This means that no departures from Standard 1 were invoked. This Summary Appraisal Report is a brief recapitulation of the appraiser's data, analyses, and conclusions. Supporting documentation is retained in the appraiser's file. DESCRIPTION OF THE REAL ESTATE APPRAISED Location Description. The subject property is located on the north line of SH 30 and north of the Westridge Subdivision, Walker County, Texas. Demand for properties similar to the subject is moderate to high, with nearly all sales analyzed being purchased within the past three years. Based on a physical inspection of the subject property and the entire community, it appears that most development is growing north and west of the Huntsville CBD, particularly along SH 75. The impetus for growth has been the growth of the Greater Houston area and the overall improvement in the economic climate of Walker County. ALLIANCE REALTY ADVISORS 3CO4023 Page - 3 - Partial taking of 251.78 acres of vacant land Walker County, Texas The immediate area of the subject is residential in nature, with ample vacant land for future development. The area is approximately 30% built -out at this time. Property Description. A metes and bounds description was provided by the client, and is included in the Addenda of this report. The property is legally described in the Lewis Cox League, Abstract 13, Walker County, Texas. The property is located on the north line of State Highway 30 and north of the Westridge Subdivision. The total site is 251.78 acres. The subject is improved with perimeter fencing. The easement taking does not adversely affect the improvements; therefore, they are not given any value consideration during the analysis. The total partial taking is a 50 foot easement totaling 7.38 acres. The taking will occur along the eastern portion of the site. The majority of the subject is located in Flood Zone X, outside the boundaries of the 100 -year flood plain. There are no detrimental easements, encroachments or restrictions noted on the date of the inspection that would represent any adverse influence to the site, or prevent the site from being utilized to its highest and best use. The site's functional capacity is similar to the surrounding properties. ALLIANCE REALTY ADVISORS 3CO4023 Page - 4 - Partial taking of 7.38 acres of vacant land Walker County, Texas HISTORY /OWNERSHIP. This section is made in accordance with the Appraisal Institute Professional Ethics and Standards, with reference to Section S. R. 1 -5(b), which requires a three -year sales history reported on the subject property. A recent search, as of the effective date of this appraisal, was conducted of the Walker County Deed Records, as well as information provided by the client. County records indicate that the subject is owned by Thomas Carroll Cole, Jr.(50% undivided interest) and Jan Carroll Cole (50% undivided interest). The owners acquired the property in 1987. The ownership transaction information is presented below. Grantee: Thomas Carroll Cole, Jr. and Jan Carroll Cole Recording Data: Vol 42, Page 9 Date: 04/23/87 ASSESSED VALUE The subject is identified for tax purposes by its Tax Account Numbers of 0013 - 125 -0- 00210 & 0013- 125-0- 00200. The 2003 assessed value according to the Walker County Central Appraisal District is presented in the Addenda of this report. According to the CAD, the subject property consists of 251.78 acres. The total assessed market value for 2003 is $526,200. After agricultural and /or timber use reduction, $17,480 is attributed to the land. HIGHEST AND BEST USE: Highest and Best Use as though vacant. The property is not zoned, and any use is permitted. Based on the principle of conformity and use, the highest and best use of the site is for rural residential or agricultural use. The following Wages discuss the valuation procedure for the subject property The appraisal procedure utilized in this report a Mloys the sales comparison approach ALLMNCE REALTY ADVISORS 3CO4023 Page - 5 - Partial taking of 7.38 acres of vacant land Walker County, Texas SUMMARY AND ANALYSIS AND VALUATION The following represent land sales compared with the subject property. The immediate area was researched for the comparable sales. The appraiser researched other properties similar to the subject that have been appraised or sold during the past three years. Also, the Walker County Central Appraisal District was researched for similar sales. An extensive search was made, and approximately 15 sales were researched. Of these sales, six have been further selected and analyzed. A summary of comparable land sales is illustrated below. Sale # LOCATION SALE PRICE DATE OF SALE SIZE /AC PRICE /AC 1 Pleasant Gray Survey, A -24 Montgomery, County $319,550 11/01 127.82 AC $2,500 2 Jesse Parker Survey, A -36 Walker County, Texas $412,727 01/03 168.46 AC $2,450 3 L.M. Collard Survey, A- 10,T.Bennett $909,425 06/03 330.70 AC $2,750 Survey, A-68, T.A. Milikien Survey, A -749, Walker County, Texas 4 B.B. Goodrich Survey, A -23, Walker County, Texas $349,538 04/03 233.03 AC $1,500 5 T.J. Hall Survey, A -257, J. Jordan Survey, A -28 $564,300 01/02 198.00 AC $2,850 Walker County, Texas 6 Subject J. Jordon Survey, A -28 Walker County, Texas Lewis Cox League, A -13 Montgomery County, Texas $563,274 01/02 197.64 AC 251.78 AC $2,850 ALLIANCE RF.ALTYADWSORS 3CO4023 Page - 6 - Partial taking of 7.38 acres of vacant land Walker County, Texas Based on the available data, a reasonable range in value per acre for the subject is narrowed to $1,500- $2,850 per acre, based on the comparable sales. Also considered is the size factor, road frontage, and flood plain. The subject has road frontage and is accessed by private roads and easements. As previously stated, a portion of the site is within the 100 -year flood plain. Therefore, in the final analysis after adjustments, the concluded reasonable estimate of market value for the subject property is $3.500 per acre. Hence, as of April 21, 2003, the market value estimate is: 251.78 AC X $3,5001AC $881,230 Rounded to: EIGHT HUNDRED EIGHTY THOUSAND DOLLARS $880,000 . The value of the entire property is concluded to be $880,000. Information from the client indicates that a partial taking of the subject is 7.38 acres. Because this is an easement taking and not a fee simple taking, the value of the easement is considered less than the fee simple value. At least a 50% discount is concluded to be reasonable and is applied to the price per unit. The calculation for the adjusted price per unit is presented below. Price Per Unit: Less: Easement Consideration (50 %) Equals: Adjusted Price Per Unit Partial Takin $3,500 ($1,750) $1 ,750 7.38 acres X $1,750 = R$13,000 Estimated Damages The value of the remainder, after the taking, will be enhanced by the availability of sewer to the property. Therefore, there are no damages for the subject property, or as follows: Damage compensation $0 ALLIANCE REALTY ADVISORS 3004023 Page - 7 - Partial taking of 66.51 acres of vacant land Walker County, Texas CONCLUSIONS Based on the preceding data and analysis, the final estimate of market value, as well as the value of the taking is a follows: 251.78 ACRES OF LAND $8809000 VALUE OF 7.38 ACRES (PARTIAL TARING) $139000 PLUS: ESTIMATED DAMAGES -0- TOTAL JUST COMPENSATION TO PROPERTY OWNER $13,000 ROUNDED TO: 011 i_ . ON,,,i $13,000 ALLIANCE REALTY ADVISORS 3004023 Page - 8 - Partial taking of 7.38 acres of vacant land Walker County, Texas ASSUMPTIONS AND LIMITING CONDITIONS This is a Summary Appraisal Report--Complete Appraisal Report which 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 Restricted Appraisal Report. As such, it may 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 note responsible for unauthorized use of this report. No responsibility is assumed for legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated in this report. The property is appraised free and clear of any or all liens and encumbrances unless otherwise stated in this report. Responsible ownership and competent property management are assumed. The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy. All engineering is assumed to be correct. Any plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. It is assumed that there no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless otherwise stated in this report. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in this appraisal report. It is assumed that all required licenses, certificates of occupancy or other legislative or administrative authority from any local, state, or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this report are based. ALLUNCE REALTY ADVISORS 3CO4023 Page - 9 - Partial taking of 7.38 acres of vacant land Walker County, Texas Any sketch in this report may show approximate dimensions and is included to assist the reader in visualizing the property. Maps and exhibits found in this report are provided for reader reference purposes only. No guarantee as to accuracy is expressed or implied unless otherwise stated. No survey has been made for the purpose of this report. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described herein and that there is no encroachment or trespass unless otherwise stated in this report. The appraiser is not qualified to detect hazardous waste and /or toxic materials. Any comment by the appraiser that might suggest the possibility of the presence of such substances should not be taken as confirmation of the presence of hazardous waste and /or toxic materials. Such determination would require investigation by a qualified expert in the field of environmental assessment. The presences of substances such as asbestos, urea - formaldehyde foam insulation, or other potential hazardous material may affect the value of the property. The appraiser's value estimate predicated on the assumption that there is no such material on or in the property that would cause a loss in value unless otherwise stated in this report. No responsibility is assumed for any environmental conditions, or for any expertise or engineering knowledge required to discover them. The appraiser's descriptions and resulting comment are the result of the routine observations during the appraisal process. Unless otherwise stated in this report, the subject property is appraised without a specific compliance survey having been conducted to determine if the property is or is not in conformance with the requirement of the Americans With Disabilities Act. The presence of architectural and communications barriers that are structural in nature that would restrict access by disabled individuals may adversely affect the property's value, marketability, or utility. Any proposed improvements are assumed to be completed in a good workmanlike manner in accordance with the submitted plans and specifications. In this appraisal, no plans and specifications were submitted. The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid used. ALLIANCE REALTY ADVISORS 3CO4023 Page - 10 - Partial taking of 7.38 acres of vacant land Walker County, Texas Possession of this report, or a copy thereof, does not carry with it the right of publication. It may 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. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, new sales, or other media without prior written consent and approval of the appraiser. ALLIANCE REALTY ADWSORS 3CO4023 CERTIFICATE OF APPRAISAL The undersigned does hereby certify as follows: - The statements of facts contained in this report are true and correct. - The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, unbiased professional analyses, opinions, and conclusions. - We have no present or prospective interest in the property that is the subject of this report, and we have no personal interest or bias with respect to the parties involved. - Our compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. - Our analyses, opinions, and conclusion were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. - We made" an inspection of the property that is the subject of this report. - No one provided significant professional assistance to the persons signing this report. - This report was not conditioned upon the appraisal producing a specific value, a value within a range, or the approval of a loan application. Similarly, future employment prospects are not dependent upon this appraisal producing a specific value. The appraiser has not made a specific compliance survey and analysis of this property to determine whether or not it is in compliance with the various detailed requirements of the ADA (The American with Disabilities Act, effective January 26, 1992). It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property, is not in compliance with one or more of the requirements of the Act. If so, this could negatively affect the value of the property. Since the appraisers have no direct evidence relating to this issue, this appraisal report did not consider possible non - compliance with the requirements of ADA in estimating the value of the property. ALLIANCE REALTY ADVISORS 3CO4023 ADDENDA ALLIANCE REALTY ADVISORS 3C04023 I zu T7 7 KI �- 54' I/ ct.eek i f �eclius Creek rIt hest I•`a�� -Sup! ��cirrta Rirer *Loma t. V 20M0o D F . e00nne• street, a911.0 17ue Jul 0811:32 2003 Scale 1:250,0Q0 fat center) 5 Mites I 5 K \32 A � -� h B�;dias �t e �k s` ter. Local Road Malor Connector State Route lnterstatelLi mited Access C-::MUS Hi9hway Rest,gr ea with facilities Exit ® Small Town SU- T Park/Reservation Locate O city Population Center Land Water National Park River/Canal Cr�?k Prairie Canc° Creek r., � �rc� RI-io 75 C)D MAP 18 er 7g "/ Lake f r- a Prepared for: lj!tao jon,j tUIA _.__- ___- Powers 0 VkOU a by a a mw Im. Alliance Realty Advisor dby FLOODSOURCE -- - 100 Westridqe Huntsville, TX 77340-8926 mw aWflood.com 9 800-252-8633 Zot4e X,,<`-, 344 X a0l A>J %nlr 2, eV-r, �, r j md IJ f 01 "CIr. ,.Xat"- ItAt W, -co r iVOW, r,.Peo, !,;I ly"A Czlll ,J,41l "i6'ab.1i Srl-�- LIMIT (Jf- — LifrA_rr- STUDY, WAM---ZONE A G � »D... —.. NIC (:D RY25 ry FLOODSOL Map Number 48063901050 Effective Date May 7, 2001 X 28,— For more informatio Flood Zones and Fl- insurance, contact: FloodSource Co 877.77-FLOOD www.floodsource.co N http://floodmapI.alamode.com:8080/FloodScapelmage?customerNum=l&caption=Alliance... 7/8/2003 COMPARABLE LAND SALES au Mag 10.00 Wed Jul 09 14:26 2003 Scale 1:500,000 (at center) L 10 Miles r 10 KM i LAND SALE TWO MAP �i ita reek Carlisle LAND SALE FOUR Keenan 8 75 336 105 ® • u. Honea Montgome •onroe C q. 8 57 ® F r Comers 'en a 79 _lamina vm•. rm.. Rel. 04n000 Local Road Major Connector ® State Route ®Interstate/Limited Access C�US Highway ❑ E)dt County Seat ® Small Town v �y v E� ng LIW- r.4 fora ® um Grove Park/Reservation ® Locale City Population Center Land Water National Park River /Canal v �y v E� ng LIW- r.4 fora ® um Grove Walker CAD (Live) - 2003 Prop ID: Owner: Legal: 11371 COLE THOMAS C JR DR TR 2.1 A -13 COX L 125 50% UND INT IN 291.38 AC HIGHWAY 30 PROPERTY ETJ Property Improvements Land. Roll History Deed History Summary Address and Property Owner ID 39670 Property ID 11371 (Real) Geo ID 0013 - 125 -0 -00210 COLE THOMAS C JR DR TR 2.1 A -13 COX L 125 50% UND INT IN 291.38 AC HIGHWAY 30 PROPERTY ETJ Name & Address Ownership Exemptions Map ID P 0 BOX 119 HUNTSVILLE, TX 77342 -0119 100% n/a Legal Description situs Neighborhood NONE (NONE) Property Property Values ( +)Improvement Homesite Value: + $0 ( +)Improvement Non - Homesite Value: + $0 ( +)Land Homesite Value: + $0 ( +)Land Non - Homesite Value: + $0 Ag / Timber Use Value ( +)Agricultural Market Valuation: + $263,100 $8,740 ( +)Timber Market Valuation: + $0 $0 -------------------------- (= )Market Value: _ $263,100 ( -)Ag or Timber Use Value Reduction: _ -------------------------- $254,360 (= )Appraised Value: _ $8,740 ( -) HS Cap: _ -------------------------- $0 (= )Assessed Value: _ $8,740 Owner Percent Ownership Total Value COLE THOMAS C IR DR 100% $8,740 Entity Description Tax Rate Appraised Value Taxable Value Estimated Taxes HI Huntsville ISD 1.660000 $8,740 $8,740 $145.08 WC Walker County 0.625000 $8,740 $8,740 $54.63 WH Walker County Hospital 0.160000 $8,740 $8,740 $13.98 Taxes With Current Exemptions $213.69 Taxes With No Exemptions $213.69 [Property] [Improvements] [Land] [Roll History] [Deed History] [Summary] [Search] [Home] This Data is for Walker CAD is live and real time. Access speed will depend on Internet traffic. Questions Please Call 936 - 295 -0402. ©2003 True Automation, Inc., All Rights Reserved. Privacy Notice System Requirements: Microsoft Internet Explorer 5.0 Or Higher. Sketches Require Microsoft Java Virtual Machine Enabled. http://65.107.178.35 /clientdb /propertydetails.asp ?prop =11371 7/8/2003 Walker CAD (Live) - 2003 Prop ID: Owner: Legal: 11371 COLE THOMAS C IR DR TR 2.1 A-13 COX L 125 50% UND INT IN 291.38 AC HIGHWAY 30 PROPERTY ETJ Property Improvements Land I Roll History Deed History If # Deed Type Description Grantor Grantee Volume Page Date 0 - 4/23/1987 OT Other COLE THOMAS C JR DR 42 09 [Property] [Improvements] [Land] []toll History) [Deed History] [Summary] [Search] (Home] This Data is for Walker CAD Is live and real time. Access speed will depend on Internet traffic. Questions Please Call 936-295-0402. @2003 True Automation, Inc., All Rights Reserved. Privacy Notice System Requirements: Microsoft Internet Explorer 5.0 Or Higher. Sketches Require Microsoft Java Virtual Machine Enabled. http://65.107.178.35/clientdb/deedhistory.asp?PROP=1 1371 7/812003 Walker CAD (Live) - 2003 Prop ID: Owner: Legal: 11370 COLE ]AN CARROLL TR 2 A-13 COX L 125 50% UND INT IN 291.38 ETJ Property Improvements Land Roll. 777YYPeed Histor Y Summar y ) Owner ID 682645 Property ID 11370 (Real) Geo ID 0013-125-0-00200 COLE ]AN CARROLL TR 2 A-13 COX L 125 50% UND INT IN 291.38 ET3 Name & Address 1903 AVE P Legal Description HUNTSVILLE, TX 77340 % Ownership 100% Situs Exemptions n/a Neighborhood NONE (NONE) Map ID a . 'AMR, Property Values (+)Improvement Homesite Value, + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag Timber Use Value (+)Agricultural Market Valuation: + $263,100 $8,740 (+)Timber Market Valuation: + $0 $0 (=)Market Value: -------------------------- $263,100 (-)Ag or Timber Use Value Reduction: $254,360 (=)Appraised Value: -------------------------- $8,740 (-) HS Cap: $0 (=)Assessed Value: $8,740 Owner Percent Ownership Total Value COLE ]AN CARROLL 100% $8,740 Entity Description Tax Rate Appraised Value Taxable Value Estimated Taxes HI Huntsville ISO 1.660000 $8,740 $8,740 $145-08 WC Walker County 0.625000 $8,740 $8,740 $54.63 WH Walker County Hospital 0.160000 $8,740 $8,740 $13.98 Taxes With Current Exemptions $213.69 Taxes With No Exemptions $213.69 (Property] [Improvements] [Land] [Roll History] [Deed History] [Summary] [Search] (Home] This Data Is for Walker CAD is live and real time. Access speed will depend on Internet traffic. Questions Please Call 936-295-0402. @2003 True Automation, Inc., All Rights Reserved. Privacy Notice System Requirements: Microsoft Internet Explorer 5.0 Or Higher, Sketches Require Microsoft Java Virtual Machine Enabled. http://65.107.178.35/clientdb/Propertydetails.asp?prop=1 1370 7/8/2003 Walker CAD (Live) - 2003 Prop ID: Owner: Legal: 11370 COLE JAN CARROLL TR 2 A-13 COX L 125 50% UND INT IN 291.38 ETJ Property 11 Improvements Land Roil lHistory Deed History Summary # Deed Type Description Grantor Grantee Volume Page Date 0- 4/23/1987 OT Other COLE JAN CARROLL 042 09 [Property] [Improvements] [Land] [Roil History] [Deed History] [Summary] (Search) [Home] This Data Is for Walker CAD is live and real time. Access speed will depend on Internet traffic. Questions Please Call 936-295-0402. 02003 True Automation, Inc., All Rights Reserved. Privacy Notice System Requirements: Microsoft Internet Explorer 5.0 Or Higher. Sketches Require Microsoft Java Virtual Machine Enabled. http://65.107.178.35/clientdb/deedhistory.asp?PROP=1 1370 7/8/2003 1W. Al 7D MOORER & WOODS, INC. Registered Professional Land Surveyors Licensed State Land Surveyors Huntsville, Texas 77340 TI3E STATE OF TEXAS § COUNTY OF WALKER § 1, Leonard E. Woods, Registered Professional Land Surveyor No. 2524, do hereby certify that the following field notes represent a survey made on the ground of the following described tract or parcel of land located in Walker County, Texas. Coordinates, bearings and linear units herein are referred to the Texas Coordinate System of 1983, Central Zone, and based on the position of National Geodetic Survey (formerly known as the U. S. Coast & Geodetic Survey) Primary Airport Control Station (PALS) monument designated "T39 A" having published NAD 83 (1993) coordinates of N= 3,128,437.762 meters and E= 1,154,289.433 meters. Distances herein are U. S. Survey Feet in "Grid" units and may be converted to "Field Horizontal" by dividing by a combined scale factor of 0.99988. SOFT. WIDE WASTEWATER EASEMENT ACROSS THOMAS CARROLL COLE, JR. and JAN CARROLL COLE PROPERTY LEWIS COX LEAGUE, A -13 WALKER COUNTY, TEXAS Being a strip of land, fifty (50) feet in width, situated in the LEWIS COX LEAGUE, Abstract No. 13, Walker County, Texas, and being over and across a called 251.78 acre tract described as "Tract No. 11" in a Deed from Margaret Thomason Cole to Thomas Carroll Cole, Jr. and Jan Carroll Cole dated April 23, 1987 recorded in Volume 42, page 9, Official Public Records of Walker County, Texas, said fifty (50) foot wide strip lying fifteen (15) feet Right or westerly and thirty -rive (35) feet Left or easterly, as measured at right angles, from the following described baseline, shortening or lengthening the side lines of said strip to terminate on property lines so as not to create overlaps or gaps: BEGINNING, at a point in the north line of said Cale 251.78 acre tract and the south line a called 127.82 acre tract, situated in the PLEASANT GRAY LEAGUE, Abstract No. 24, described in a Deed from the Thomason Family Partnership, LTD., et at to Gregory G. Hall dated November 8, 2001 and recorded in Volume 480, page 647, Official Public Records, said beginning point having coordinates of N= 10,257,788.86 feet and E= 3,784,342.77 feet and from which a N" iron pipe found for the northwest corner of said Cole 251.78 acre tract and the northeast corner of a called 39.6 acre tract described as "Tract No. 1" in said Deed to Thomas Carroll Cole, Jr. and Jan Carroll Cole recorded in Volume 42, page 9, Official Public Records bears S 87 °43'27 "W - 869.24 feet and from said 'A" iron pipe corner a 23" Ilackberry (found) bears S 30°E- 29.6 feet and the center of a I-Iackberry stump (found) bears S 20 °E- 28.6 feet and also from said beginning point a 4" square concrete monument scribed "TEXAS PRISON LINE" at a fence corner post found for the southeast corner of said Hall 127.82 acre tract and the southwest corner of a called 515 acre tract situated in said GRAY LEAGUE,, described in a Deed from Ed M. Cunningham, et at to the State of Texas dated June 23, 1883 and recorded in Volume Y, page 181, Deed Records, bears N 87 °43'27 "E - 1970.61 feet, said monument being also the most southerly southwest corner of the "Wynne State Farm ", a called 1912.59 acre tract, described by Ralph J. McMahon in a resurvey of "Texas Prison System Properties" published in Bulletin No. 26 of the Texas Reclamation Department dated February 1935 and archived in the Texas State Library, Austin, Texas; T €IENCE across said Cole 251.78 acre tract as follows: (1) S 04 °35'19 "W - 35.25 feet to a point; (2) N 87 °43'27 "E, parallel with and 35.00 feet southerly, as measured at right angles, from the north line of said Cote 251.78 acre tract, a distance of 1148.94 feet to a point; (3) S 57 °58'08 "E - 478.98 feet to a point; (4) S 81 °49'22 "E - 1072.04 feet to a point; EXHIBIT "A" Page 1 of 2 -y- ­lWo-s.C. Cole, Jr., et at property. L. COX LGE., A-13 Walker County, Texas (5) S 59 052'30 "E - 642.83 feet to a point 35.00 feet westerly, as measured at right angles, from the east line of said Cole 251.78 acre tract and the west line of a called 28.31 acre tract described in a Deed from James J. Thomason to James B. Hall dated March 3, 1961 recorded in Volume 170, page 131, Deed Records; (6) S 01'24'10"E, parallel with and 35.00 feet westerly, as measured at right angles, from the common line of said Cole 251.78 acre and said Hall 28.31 acre tracts, a distance of 166.09 feet to a point; (7) S 79 °40'09"W - 557.24 feet to a point; (8) S 76 °55'10 "W - 443.29 feet to a point, (9) S 67 °20'31 "W - 629.62 feet to a point; (10) S 35 °50'58 "W - 492.75 feet to a point; (11) S 05 °09'29 "E - 593.49 feet to a point; and (12) S 31 040'32 "E a distance of 173.45 feet to the POINT OF TERMINATION, a point having coordinates of N= 10,255,323.23 feet and E= 3,785,810.08 feet in the northwest right -of -way of State Highway No. 30, said right -of -way being described as a called 5.482 acre parcel in a Deed from Margaret T. Cole to The State of Texas dated May 8, 1967 recorded in Volume 206, page 447, Deed Records, and from said termination point a concrete highway right -of -way monument bears N 58 033'32 "E - 241.98 feet and another bears S 58 °33'32 °W - 510.85 feet; NOTES: 1. Total length of easement baseline is 6,433.97 feet and proposed 50 foot wide easement encompasses 7.38 acres of land, more or less. 2. For further information, see Plat of Proposed 50 ft. Easement, labeled Exhibit "B ", prepared concurrently with the legal description herein. Surveyed on April 2002.!' Signed Leonard E. Woods Reg. Prof. Land Surveyor No.2524 D:yobs02W208=082.51ns ..EONARD E. WOODS 2524 EXHIBIT "A" Page 2 of 2 aaZ? Ul ; o ;N: ggA�� iv A O ��aa yO� -y �? Cs tly � F � v CAS II .« I �¢ : w wo u Cad 39S Ac. '7fott No, I' "i R llipr 3 o M Vol. 42, pg. 09 D.P.R. • �i y A: °a :+ 110 pbw: w to �'o o miu ciS3 a 'n o• .............. OS j3pi -9 �•�f c � � � s o (y N + p cc CO I N; WpOO y,ui v�DS� 4! of .1 o. a ffppim3a w 3 m I TU Pi 0 c N �•� nY o y rn v a 2 0 -4 o n a = to r O t4i 1 h Q �. 0y�ly g I�i b ,� tiro H ' r a 3 _ a IQ f g 05_ °09229- E - a + 593.49 f ; t A of ca- r) O. n (S� �-.,� r� q � a � En tir Z o < O wt? al i Ct o -u D Oo O 'bp 7 D rn .m ,��� V1 ya r- ;u D m CD F g O t w Cl) O> a o ZI 0 4 j x b n tt5 a v m b O n :o =� -max Ong o m` 'a rn Q , S O! 2490" E 1643!! o o Z D �-i N v f) M M R Q ti p D t o 3 t3l CO N m CO -n AD 83 (1993) m s2. m �fl in p O to o 1 -u rn 4 f—+ NOS -C FXHTRTT »Bn W w QUALIFICATIONS OF APPRAISER MALCOLM W. WILLEY 3828 West Devi. Suite 314 Cep Taw 77344 (936) 756.1717 - Faz(43W56 -1757 Enun - MWMey +@t MC0M aet PROFESSIONAL EXPERIENCE Present President, Alliance Realty Advisors AppralserBroker /Consultant Texas State Certified General Real Estate Appraiser #TX- 1329116 -G Louisiana State Certified General Real Estate Appraiser #G -1161 Texas Real Estate Broker #230309 -11 1979-1994 Sam Houston State University, Hunt:vilie,Texas 1989-1990 Faculty, Department of General Business and Finance Courses Taught: Real Estate Principles, Real Estate Finance, Real Estate Appraisal 1979-1996 Southeast Texas Real Estate Institute, Huntsville, Texas Texas Real Estate Commission Accredited Proprietary School Co- Founder /Owner, Administrator, TREC Accredited Instructor 1975-1986 M.W.I. Land, Inc., Huntsville, Texas Real Estate Brokerage, Appraisal, Property Management EDUCATIONAL BACKGROUND 1979-1979 Sam Houston State University, Huntsville, Texas MBA Degree, Finance December 1979 1975-1978 Sam Houston State University, Huntsville, Texas BBA Degree, Management and Economics, August 1978 PROFESSIONAL ,SUMMARY Mr. Willey, with over 20 years of real estate experience, has appraised numerous complex properties throughout Texas. Commercial appraisal specialties include; subdivisions, mobile home parks, auto dealerships, golf courses, mini- warehouses, office buildings, shopping centers, medical facilities and apartments. Rural and residential specialties include; single- family residences, farm & ranch property, and timberland. In addition, Mr. Willey has completed right -of -way valuations, litigation appraisal and testimony for estates, attorneys and governmental agencies. He has participated since 1995 in the ratio study conducted by the State Comptroller of Texas for school district funding. The study performs random reviews and audits of various appraisal districts in Texas, incorporating standard appraisal techniques, as well as State mandated methods of analysis. Mr. Willey has also provided training to the staff appraisers of the Property Tax Division of the State Comptroller of Texas. He is certified as a fee appraiser for the Texas Department of Transportation and experience includes the appraisal of railroad corridors and highway right- of-ways- TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD MALCOLM WAYNE WILLEY HAVING PROVIDED SATISFACTORYEVIDENCE OF THE QUAUHCA77ONS REQUIRED BY THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT, ARTICLE 6573a.2, VERNON'S TEXAS CIVIL STATUTES, IS AUTHORIZED TO USE 77IE 777ZE STATE CERTIFIED GENERAL REAL ESTATE APPRAISER James M. Synatzske, Chair Benjamin E. Barnett Debra S. Runyan Number: TX- 1329116 -G Date of Issue: November 6, 2001 Date of Expiration: December 31 )nni L. W. (Wayne) Mayo, Vice -Chair Patrick H. Cordero, Jr. William A. Faulk, Jr. Elroy Carson, Secretary Douglas Oldmixon Dona S. Scurry