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R-03-05-08-15B4 - 5/8/2003Mayor Pro -tem Tom Nielson Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Callahan Gary Coe City Manager Jim Nuse City Attorney Stephan L. Sheets RO ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. May 14, 2003 Mr. Paul Hornsby, President Paul Hornsby & Company 1717 West 6th Street, Suite 250 Austin, TX 78703 Dear Mr. Hornsby: The Round Rock City Council approved Resolution No. R- 03- 05 -08- 15B4 at their regularly scheduled meeting on May 08, 2003. This Resolution approves the retainer for professional appraisal services regarding the acquisition of right -of -way for the Highway 79 Project. Enclosed is a copy of the Resolution and original agreement for your files. If you have any questions, please do not hesitate to contact Steve Sheets at 255 -8877. Mayor Christine R. Martinez Nyle Maxwell City Secretary - Enclosure CITY OF ROUND ROCK Administrative Dept., 221 East Main Street • Round Rock, Texas 78664 Phone_ 512.218.5400 Fax 512.218.7097 • www_ci.round- rock_tx_us RESOLUTION NO. R -03- 05- 08 -15B4 WHEREAS, the City of Round Rock desires to retain professional appraisal services regarding the acquisition of right -of -way for the Highway 79 Project, and WHEREAS, Paul Hornsby & Company has submitted a letter of agreement to provide said services, and WHEREAS, the City Council desires to enter into said letter of agreement with Paul Hornsby & Company, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a letter of agreement with Paul Hornsby & Company for appraisal services regarding the acquisition of right -of -way for the Highway 79 Project, a copy of said letter of agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. O:\ wdox \RESOLITPI \R30500B9. WPD /sc AT E T: RESOLVED this 8th day of May, 2003. CHRISTINE R. MARTINEZ, City Secreta 2 y E WELL, Mayor City of Round Rock, Texas April 1, 2003 Mr. Nyle Maxwell, Mayor City of Round Rock 221 E. Main Street Round Rock, TX 78664 -5246 PAUL HORNSBY & COMPANY REAL PROPERTY APPRAISERS AND CONSULTANTS Re: Proposal for appraisal services relating to acquisition of right -of -way for the proposed widening of U.S. Highway 79 in Round Rock, Williamson County, Texas. Dear Mayor Maxwell: At your request, I am pleased to provide this proposal for appraisal services on the above - captioned property. Terms of the assignment are summarized below. Real Estate to be Appraised: 1) Whole Property (Parcel 3): Approximately 6.011 acres of land improved with a ±1,800 SF storage warehouse located at the northeast corner of U.S. Highway 79 and FM1460. Part To Be Acquired: An irregular shaped area of land containing 0.5974 acre (26,021 SF), located along the southern border of the whole property. Remainder: Approximately 5.4136 acres of land improved with a ±1,800 SF storage warehouse located at the northeast corner of U.S. Highway 79 and FM1460. 2) Whole Property (Parcel 4): Approximately 47.493 acres of land improved with a ±1,764 SF single - family residence located along the north line of U.S. Highway 79, just east of FM 1460. 1 S 9 EXHIBIT If A 1717 West 6" Street • Suite 250 . Austin, Texas 78703 • 512/477 -6311 . Fax 512/477 -1793 Mayor Maxwell April 1, 2003 Page 2 Real Estate to be Appraised (cont.): Parts To Be Acquired: a) An irregular shaped area of land containing 2.280 acres, located along the southern border of the whole property. b) A trapezoid shaped drainage easement approximately 0.1148 acre (5,000 SF) in size comprising a small area of the far southeast portion of the whole property along the proposed right of way of U.S. Highway 79. Remainder: Approximately 45.213 acres of land improved with a ±1,764 SF single - family residence located along the north line of U.S. Highway 79, just east of FM 1460, and subject to the above - referenced easement. 3) Whole Property (Parcel 5): Approximately 15.302 acres of land comprised of two tracts (a 14.206 acre and 1.096 acre tract) located along the north line of U.S. Highway 79, east of FM 1460. Parts To Be Acquired: a) An irregular shaped area of land containing 0.9264 acre (40,356 SF), located along the southern border of the whole property. b) A trapezoid shaped drainage easement approximately 0.1148 acre (5,002 SF) in size comprising a small area of the southern portion of the whole property along the proposed right of way of U.S. Highway 79. Remainder: Approximately 14.3756 acres of land located along the north line of U.S. Highway 79, east of FM 1460, and subject to the above - referenced easement. 4) Whole Property (Parcel 6): Approximately 24.011 acres of land located along the north line of U.S. Highway 79, east of FM 1460. Mayor Maxwell April 1, 2003 Page 3 Real Estate to be Appraised (cont.): Part To Be Acquired: a) An irregular shaped area of land containing 1.276 acres, located along the southern border of the whole property. Remainder: Approximately 22.735 acres of land located along the north line of U. S. Highway 79, east of FM 1460. 5) Whole Property (Parcel 7): An atypically long and rectangular shaped area of land with a typical width of 176' consisting of approximately 35.463 acres of land located along the north line of U.S. Highway 79, east of FM 1460. Part To Be Acquired: a) A rectangular shaped area of land containing 0.2216 acre (9,652 SF), located along the southern border of the whole property. Remainder: A rectangular shaped area of land with a typical width of 176' consisting of approximately 35.2414 acres of land located along the north line of U.S. Highway 79, east of FM 1460. 6) Whole Property (Parcel 8): Approximately 34.6773 acres of land comprised of three tracts (an 8.3173 acre, 4.56 acre and 21.80 acre tract) located along the northwest line of U.S. Highway 79, east of FM 1460. Parts To Be Acquired: a) An irregular shaped area of land containing 3.108 acres, located along the southern border of the whole property. b) A 0.187 acre (8,143 SF) water line easement approximately 20' in width extending through the southwestern portion of the whole property along the proposed right of way of U.S. Highway 79. c) A 0.367 acre (15,980 SF) water line easement approximately 15' in width Mayor Maxwell April 1, 2003 Page 4 Real Estate to be Appraised (cont.): extending through the southeastern portion of the whole property along the proposed right of way of U.S. Highway 79. Remainder: Approximately 31.5693 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460, and subject to the above - referenced easements. 7) Whole Property (Parcel 9): Approximately 15.99 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460. Parts To Be Acquired: a) An approximately 91' wide strip of land containing 2.548 acres, located along the southern border of the whole property. b) A 0.415 acre (18,072 SF) water line easement approximately 15' in width extending through the southern portion of the whole property along the proposed right of way of U.S. Highway 79. Remainder: Approximately 13.442 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460, and subject to the above - referenced easement. 8) Whole Property (Parce110): A 12,214 SF office building with a 11,350 SF storage building and site improvements situated on approximately 3.0 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460. Parts To Be Acquired: a) An approximately 91' wide strip of land containing 1.051 acres, located along the southem border of the whole property. This acquisition encompasses the 12,214 SF office building and various site improvements. b) A 0.175 acre (7,619 SF) water line easement approximately 15' in width Mayor Maxwell April 1, 2003 Page 5 Real Estate to be Appraised (cont.): extending through the southern portion of the whole property along the proposed right of way of U.S. Highway 79. Remainder: A ±1,350 SF storage building and site improvements situated on approximately 1.949 acres (Aland located along the northwest line of U.S. Highway 79, east of FM 1460, and subject to the above - referenced easement. 9) Whole Property (Parcel 11): Approximately 16.52 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460. Parts To Be Acquired: a) A trapezoid shaped area of land containing 0.4197 acre (18,282 SF), located along the southern border of the whole property. b) A 0.1605 acre (6,993 SF) water line easement approximately 15' m width extending through the southern portion of the whole property along the proposed right of way of U.S. Highway 79. Remainder: Approximately 16.1003 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460, and subject to the above - referenced easement. 10) Whole Property (Parcel 12): A ±3,588 SF single - family residence with site improvements situated on approximately 13.123 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460. Parts To Be Acquired: a) A rectangular strip of land approximately 10' in width and 97' in depth containing 0 0219 acre (952 SF), located on the southern portion of the whole property. This acquisition encompasses only limited site improvements. b) A 0.004 acre (175 SF) water line easement approximately 16' to 19' in width Mayor Maxwell April 1, 2003 Page 6 Real Estate to be Appraised (cont.): Purpose of the Appraisal: Use of the Report: located on the southern portion of the whole property along the proposed right of way of U.S. Highway 79. Remainder: A ±3,588 SF single - family residence with site improvements situated on approximately 13.1011 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460, and subject to the above - referenced easement. 11) Whole Property (Parcel 13): A ±1,842 SF single - family residence with site improvements situated on approximately 6.16 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460. Parts To Be Acquired: a) A rectangular strip of land approximately 10' in width and 95' in depth containing 0.0221 acre (962 SF), located on the southern portion of the whole property. This acquisition encompasses only limited site improvements. b) A 0.0048 acre (210 SF) water line easement approximately 19' to 22' in width located on the southern portion of the whole property along the proposed right of way of U.S. Highway 79. Remainder: A ±1,842 SF single - family residence with site improvements situated on approximately 6.1379 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460, and subject to the above - referenced easement. To estimate just compensation for the proposed acquisitions. To assist the client in negotiations involving the acquisition of right -of -way for the widening of U.S. Highway 79. Mayor Maxwell April 1, 2003 Page 7 Appraisal & Reporting Standards: The appraisals will be developed and the reports will be prepared in conformity with and subject to the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. Fee: We will undertake complete appraisals, the results of which will be set forth in summary appraisal reports as defined by Standard Rule 2 -2(b), of USPAP. 1) Parcel 3: $2,750 2) Parcel 4: $6,500 3) Parcel 5: $3,500 4) Parcel 6: $2,750 5) Parcel 7: $4,750 6) Parcel 8: $4,250 7) Parcel 9: $3,500 8) Parcel 10: $7,000 9) Parcel 11: $3,500 10) Parcel 12: $3,500 11) Parcel 13: $3.500 Total $45,500 The fee for each appraisal is payable upon completion of the respective assignment. The fee reflects an 11- parcel assignment and is contingent on all appraisals being undertaken concurrently. With the exception of Parcels 4 and 10, the quoted fees assume appraisal of land only. Should improvements need to be appraised, the fee would be raised to a mutually agreed amount. Time spent in addition to the initial appraisals, including, without limitation, meetings, depositions, mediation, arbitrations, trial and preparation for testimony, will be paid monthly, as incurred, at the following hourly rates: Mayor Maxwell March 31, 2003 Page 8 Fee (cont.): Completion: As soon as possible, but not later than 60 days from authorization. If these terms are acceptable, please indicate by executing this agreement and returning one copy to me. I look forward to working with you on this assignment. Respectfully Submitted, PAUL HORNSBY & COMPANY Paul Hornsby, MAI, SRA,'CRE President PH /jjl Accepted: City of Round Rock Date Paul Hornsby: $235 /hour Staff Appraisers: $125- $200/hour Research Assistant: $75/hour Nyle Maxwell Mayor, City of Round Rock DATE: May 2, 2003 SUBJECT: City Council Meeting — May 8, 2003 ITEM: 15.B.4. Consider a resolution authorizing the Mayor to execute a letter of agreement with Paul Hornsby & Company for appraisal services for right -of -way acquisitions for the Highway 79 project. Resource: Steve Sheets, City Attomey Julie Wolff, Legal Department History: Appraisal services are necessary for the acquisition of right of way for the Highway 79 project. Funding: Cost: 845,500.00 Source of funds: 4B Corporation Project Funds Outside Resources: Sheets & Crossfield, P.C. Public Comment: N/A Sponsor: N/A April 1, 2003 Mr. Nyle Maxwell, Mayor City of Round Rock 221 E. Main Street Round Rock, TX 78664 -5246 Dear Mayor Maxwell: Real Estate to be Appraised: 2 -0 05-08 156 PAUL HORNSBY & COMPANY REAL PROPERTY APPRAISERS AND CONSULTANTS Re: Proposal for appraisal services relating to acquisition of right -of -way for the proposed widening of U.S. Highway 79 in Round Rock, Williamson County, Texas. At your request, I am pleased to provide this proposal for appraisal services on the above - captioned property. Terms of the assignment are summarized below. 1) Whole Property (Parcel 3): Approximately 6.011 acres of land improved with a ±1,800 SF storage warehouse located at the northeast corner of U.S. Highway 79 and FM1460. Part To Be Acquired: An irregular shaped area of land containing 0.5974 acre (26,021 SF), located along the southern border of the whole property. Remainder: Approximately 5.4136 acres of land improved with a ±1,800 SF storage warehouse located at the northeast corner of U.S. Highway 79 and FM1460. 2) Whole Property (Parcel 4): Approximately 47.493 acres of land improved with a ±1,764 SF single - family residence located along the north line of U.S. Highway 79, just east of FM 1460. 1717 West 6 Street. Suite 250 • Austin, Texas 78703 • 512/477 -6311. Fax 512/477 -1793 Mayor Maxwell April 1, 2003 Page 2 Real Estate to be Appraised (cont.): Parts To Be Acquired: a) An irregular shaped area of land containing 2.280 acres, located along the southern border of the whole property. b) A trapezoid shaped drainage easement approximately 0.1148 acre (5,000 SF) in size comprising a small area of the far southeast portion of the whole property along the proposed right of way of U.S. Highway 79. Remainder: Approximately 45.213 acres of land improved with a ±1,764 SF single - family residence located along the north line of U.S. Highway 79, just east of FM 1460, and subject to the above - referenced easement. 3) Whole Property (Parcel 5): Approximately 15.302 acres of land comprised of two tracts (a 14.206 acre and 1.096 acre tract) located along the north line of U.S. Highway 79, east of FM 1460. Parts To Be Acquired: a) An irregular shaped area of land containing 0 9264 acre (40,356 SF), located along the southern border of the whole property. b) A trapezoid shaped drainage easement approximately 0.1148 acre (5,002 SF) in size comprising a small area of the southern portion of the whole property along the proposed right of way of U.S. Highway 79. Remainder: Approximately 14.3756 acres of land located along the north line of U.S. Highway 79, east of FM 1460, and subject to the above - referenced easement. 4) Whole Property (Parcel 6): Approximately 24.011 acres of land located along the north line of U.S. Highway 79, east of FM 1460. Mayor Maxwell April 1, 2003 Page 3 Real Estate to be Appraised (cont.): Part To Be Acquired: a) An irregular shaped area of land containing 1 276 acres, located along the southern border of the whole property. Remainder: Approximately 22.735 acres of land located along the north line of U.S . Highway 79, east of FM 1460. 5) Whole Property (Parcel 7): An atypically long and rectangular shaped area of land with a typical width of 176' consisting of approximately 35.463 acres of land located along the north line of U.S. Highway 79, east of FM 1460. Part To Be Acquired: a) A rectangular shaped area of land containing 0.2216 acre (9,652 SF), located along the southern border of the whole property. Remainder: A rectangular shaped area of land with a typical width of 176' consisting of approximately 35.2414 acres of land located along the north line of U.S. Highway 79, east of FM 1460. 6) Whole Property (Parcel 8): Approximately 34.6773 acres of land comprised of three tracts (an 8.3173 acre, 4.56 acre and 21.80 acre tract) located along the northwest line of U.S. Highway 79, east of FM 1460. Parts To Be Acquired: a) An irregular shaped area of land containing 3.108 acres, located along the southern border of the whole property. b) A 0.187 acre (8,143 SF) water line easement approximately 20' in width extending through the southwestern portion of the whole property along the proposed right of way of U.S. Highway 79. c) A 0.367 acre (15,980 SF) water line easement approximately 15' in width Mayor Maxwell April 1, 2003 Page 4 Real Estate to be Appraised (cont.): extending through the southeastern portion of the whole property along the proposed right of way of U.S. Highway 79. Remainder: Approximately 31.5693 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460, and subject to the above - referenced easements. 7) Whole Property (Parcel 9): Approximately 15.99 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460. Parts To Be Acquired: a) An approximately 91' wide strip of land containing 2.548 acres, located along the southern border of the whole property. b) A 0.415 acre (18,072 SF) water line easement approximately 15' in width extending through the southern portion of the whole property along the proposed right of way of U.S. Highway 79. Remainder: Approximately 13.442 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460, and subject to the above - referenced easement. 8) Whole Property (Parce110): A±2,214 SF office building with a ±1,350 SF storage building and site improvements situated on approximately 3.0 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460. Parts To Be Acquired: a) An approximately 91' wide strip of land containing 1.051 acres, located along the southern border of the whole property. This acquisition encompasses the ±2,214 SF office building and various site improvements. b) A 0.175 acre (7,619 SF) water line easement approximately 15' in width Mayor Maxwell April 1, 2003 Page 5 Real Estate to be Appraised (cont.): extending through the southern portion of the whole property along the proposed right of way of U.S. Highway 79. Remainder: A ±1,350 SF storage building and site improvements situated on approximately 1.949 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460, and subject to the above - referenced easement. 9) Whole Property (Parcel 11): Approximately 16.52 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460. Parts To Be Acquired: a) A trapezoid shaped area of land containing 0.4197 acre (18,282 SF), located along the southern border of the whole property. b) A 0.1605 acre (6,993 SF) water line easement approximately 15' in width extending through the southern portion of the whole property along the proposed right of way of U.S. Highway 79. Remainder: Approximately 16.1003 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460, and subject to the above - referenced easement. 10) Whole Property (Parcel 12): A ±3,588 SF single - family residence with site improvements situated on approximately 13.123 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460. Parts To Be Acquired: a) A rectangular strip of land approximately 10' in width and 97' in depth containing 0.0219 acre (952 SF), located on the southern portion of the whole property. This acquisition encompasses only limited site improvements. b) A 0.004 acre (175 SF) water line easement approximately 16' to 19' in width Mayor Maxwell April 1, 2003 Page 6 Real Estate to be Appraised (cont.): Purpose of the Appraisal: Use of the Report: located on the southern portion of the whole property along the proposed right of way of U. S. Highway 79. Remainder: A ±3,588 SF single - family residence with site improvements situated on approximately 13.1011 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460, and subject to the above - referenced easement. 11) Whole Property (Parcel 13): A ±1,842 SF single - family residence with site improvements situated on approximately 6.16 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460. Parts To Be Acquired: a) A rectangular strip of land approximately 10' in width and 95' in depth containing 0.0221 acre (962 SF), located on the southern portion of the whole property. This acquisition encompasses only limited site improvements. b) A 0.0048 acre (210 SF) water line easement approximately 19' to 22' in width located on the southern portion of the whole property along the proposed right of way of U. S. Highway 79. Remainder: A ±1,842 SF single - family residence with site improvements situated on approximately 6.1379 acres of land located along the northwest line of U.S. Highway 79, east of FM 1460, and subject to the above - referenced easement. To estimate just compensation for the proposed acquisitions. To assist the client in negotiations involving the acquisition of right -of -way for the widening of U.S. Highway 79. Mayor Maxwell April 1, 2003 Page 7 Appraisal & Reporting Standards • The appraisals will be developed and the reports will be prepared in conformity with and subject to the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. Fee: We will undertake complete appraisals, the results of which will be set forth in summary appraisal reports as defined by Standard Rule 2 -2(b), of USPAP. 1) Parcel 3: $2,750 2) Parcel 4: $6,500 3) Parcel 5: $3,500 4) Parcel 6: $2,750 5) Parcel 7: $4,750 6) Parcel 8: $4,250 7) Parcel 9: $3,500 8) Parcel 10: $7,000 9) Parcel 11: $3,500 10) Parcel 12: $3,500 11) Parcel 13: $3.500 Total $45,500 The fee for each appraisal is payable upon completion of the respective assignment. The fee reflects an 11- parcel assignment and is contingent on all appraisals being undertaken concurrently. With the exception of Parcels 4 and 10, the quoted fees assume appraisal of land only. Should improvements need to be appraised, the fee would be raised to a mutually agreed amount. Time spent in addition to the initial appraisals, including, without limitation, meetings, depositions, mediation, arbitrations, trial and preparation for testimony, will be paid monthly, as incurred, at the following hourly rates: Mayor Maxwell March 31, 2003 Page 8 Fee (cont.): Completion: As soon as possible, but not later than 60 days from authorization. If these terms are acceptable, please indicate by executing this agreement and returning one copy to me. I look forward to working with you on this assignment. Respectfully Submitted, PAUL HORNSBY & COMPANY /1thy,MS,CRE President PH /jj1 Paul Hornsby: $235 /hour Staff Appraisers: $125- $200 /hour Research Assistant: $75/hour Accepted: City of Round Rock Date 5 -E-0 c2,_ well ayor, City of Round Rock