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Home My WebLink AboutPasler Area DocsLAW OFFICES OF CHALON JONES TEXAS 707 5U ITE 121B P o DRAWER CR COLLEGE STATION TEXAS 77840 713 846 7751 August 10 1976 CERTIFIED MAIL Mr Al Mayo Jr City Planne r City of College Station P o J30x 9960 College Station Texas 77840 Re Al Holik and Gladys Divis Dear AI This letter is to confirm the conversation that Ihad with Chris Longley on Monday August 9 I called to inquire as to whether or not the property owned by Al Holik and Gladys Divinthat is located on Welch Street and backs up to McCulloch Subdivision was to be involved in the proposed rezoning from R3 to R1 that is going to be the subject of a hearing before the Planning and Zoning Commission on August 19 Chris informed me that the Holik and Divin property was not involved inasmuch as it is not in any of the subdivision mentioned and they were merely notified by virtue of the fact that their property was within 200 feet of the proposed change Accordingly we will not be making an appearance at the meeting since our property apparently is not involved Iwould appreciate an immediate response if the situation is other than is stated in this letter Yours ve ry truly Chalon J one s CJ sj cc Al Holik PURPOSE OF THE APPRAISER The purpose of this analysis is to determdn the highest and best use of the subject property Highest and best use is defined by the most probable use to which the property can be put or that use which will yield the highest return on the investment This analysis is made with the understanding that the present owner ship of the subject property includes all rights that may be lawfully owned and therefore a fee simple title subject to easements of record if any The legal description furnished me was assumed to be correct I take no responsibility for matters legal in character nor do I render an opinion as to title which is assumed to be good ZONING AND DEED RESTRICTIONDATA There are no deed restrictions limiting the use of this property The City of Coll ege Station has a zoning ordinance which designates permitted uses of a l tracts of land within the city limits The subject land is currently oned Apartment Building District R 3 Under this zoning designation the land may be developed with APartment Buildings q HIGHEST AND BEST USE The subject property is a corner tract consisting of 9 136 acres located within 5 miles from Texas A M University Campus This area is zoned for single family residential apartment building district and commercial uses The subject tract is presently zoned for Apartment Building District and this is obviously the highest and best use of this tract It is located on the north side of Lincoln Drive between Nimtz and Pasler streets Development in the immediate area of the subject includes single family residential to e north east south and both dential and commercial to the west Commercial offices and shops in the area include mobile home sales outlet real estate office pharmacy and service station The subject has frontages comprising 619 feet along Lincoln a major traffic artery in the city of College Station Nimitz 642 feet and Pasler 642 feet both residential streets Lincoln is an important traffic artery in the city of College Station because it links Texas Ave to the west of Tarrow to the east Both are major traffic generators in the cities of both Bryan and ollege Station This tract is one of the few large acreage tracts within a mile radius of the University Campus affording exceptable size and location for apartment development Because of its topography location size and If the availability of city services to the site It is the opinion of this appraiser that the Highest and Best Use of the subject 9 136 acre tract i Apartment Building Disvrict R 3 APPRAISAL QUALIFICATIONS AND EXPERIENCES OF MICHAEL M BEAL Actively engaged in the real estate business in Bryan and sur rounding counties the past three years Associate member of the Bryan College Station Board of Realtors and associate member of the American Society of Real Estate Appraisers Actively engaged in the appraisal business for the past three years Education Bachelor of BusinessAdministration Texas A M University Completed Report Writing Seminar Course lOl Introduction to Appraising Real Property Course 201 Principles of Income Property Appraising American Society of Real Estate Appraisers Completed assignments for the following clients City of Bryan First National Bank State of Texas TAMU Brazos Valley Mental Heal th Center D A McCrary Robertson Milam Counties Texas John R Ruffino Estate Channel view State Bank Joe Reistino Estate Robertson Waco Counties Texas First Bank and Trust Area Progress Corp Durst Wood Ingram CPA j MC PlELISTING srlMCf f EAL TOR 19 August 1976 Mr Ear1 Bracken Jr Trustee 5000 Ridgeview Drive Waco Texas 76710 Dear Mr Bracken In accordance with your request I have inspected the property legally described as Lots 7 8 9 and part of 10 Block 7 D A Smith Addition City of College Station Brazos County Texas ror the purpose or determining its Highest and Best Use In the course of preparing this report a personal detailed inspection of the subject property and analysis of the factors affecting its highest and best use was completed I have no interest present or contemplated in this property Neither the employment to make this analysis or the compensation is contingent upon the determination of its highest and best use and to the best of my knowledge and b lief all statements and information in this report are true and correct I further certify that this analysis was made in accordance with the code of ethics of the Society of Real Estate Appraisers In my opinion the highest and best use of the subject tract as of i August 19 976 is i APARTMENT BUILDING DISTRICT Respectfully submi tted I TEXAS AVE DRAWER 0 TEXAS 77801 13 823 5469 Michael M Beal Appraiser jacob beal real estate inc r KL1 U Lri LI 13 0 H1Ii f i tn f1f J i O1ttrnEVNOsriNrsDOOeFeuYJOJjr1IC1LONItZCN11fP20P f W 0lV 8f A1t4d iP APs H7tO APM rlNtl1IJBulldilJOr OIsrAlc r N3 TO SllWjlefJmnOAJ11tlrl il V J f 1 t1fJVrhcffliiv l i I VY1lJ r 1 JJIf 0 7 l t CI01 t W 1 II v j 1 1 j ll Il 7 1 1 l 4 a I II yf1 j r t1JfJ W V II I tor D V it fJ cnu 4 Vc f J LGkJ J cJIJCy tLU1UAJ J Q Vv IIZ2 ivUaJ 1 73itt t L A p D I 7 X cl J 1 2 uJIjJjlhwaz u L1j IIejta1JAw1 tft Il 1 1 LL v J 1iJ mM lJ r1V l ttt vl v JiF n Tt G T Ii g f gJ ii fE ft L l f C 1 J 1 1 J0 f 1 1 b tRt y Ip I r r I i t 1 I jktf 1 V t 1 r rU i Q J2 J Jt tJ m c l I hl t1 I ffl tl 8f gc 1Ltl Ji AA fJrrYI I J j L i A PAtC t r JA ed aJJIVr 1 JLII f tL i 6 if f a v z4 C o Cl Vl e a l4f fJ L l t L 1 17 tNe J thelLNdetSl i NecLFlSher h Y JtPrtfhaTWeAreS4fPDfYJcrfheptDpJhoD1E4JNcfbeftreSkaluNClAL1AiHIAhe t j cOJ J B ttttlvte JjlJJ LlV1 9L5J ttJ J j e tVr1eJrAlYyIdeJJAJ9IDL5tt1cJJ il ncf 7LLL l r rYv D f IL v dlZ f fd JlpwffJllLy1Lk7 @I lM2 dL nJ iEz d w J1JU LV C J1JIf j eLt f ffi 1fI1 tf 1I11rr i l 1 i ItCt 711 1 l I 1II0 wFV kll J6kAl 1ClYCCf J 1Ivr7l 1 1 l l4 0ttIf oo j J i y r 4I Z i t t Llv 1C t g I WLU1 5tiarrI1II1L7L 11yQJ L o 1 1J l L c yYLL Yfll i e14 0L LQ 4 t 0rYLLYb 0r01F1Fe1r77tJL i CC Lzc 5 9 v 1 7 7 A Tf HJtVF1l t j SrfjLL P 1 7 I jl r r7d00 lab rv j t I fJl J z WT v I 1 7 y17rYj11rLAA4LJp j d OJ2 GR1Tvvd7Vrtr Q312l 10it 711 jr2iL TtIL HI CfCU r 1 t rl LI f 01ify1 JY vtJ 5nJ lQJl V 1 W tl to 7 nl lj1 l r2 1 14J wf777uJ1 Qff11 1 A i1 1 r 1f5tt0z 7 CAlJ r rLY 1 7lACAcc7 tAtt 1Ji i1 J E 1 f k J r fIr QrJ7 011 rV1VIf tIrMf1ijLaAffj 7 A lJ 1 7 f i J CCL lrir 1 6AIIIlJJ I Lt 4Ifl11L1lJY lc V 1 v AIh 4fOrLybcLk t r 7 JOo Jju J7hv D6 6 gU 4Aj 1 Jd cJJ 0 0 L LV M t J i1 1 j V i n 1jt r t wRt I 03J202Ml6YtOb 1 JzCsu N r f l 1 II II If II I City COllncil College Station Texas August 21 1976 L 03 tu f 403 J 21 c7 1 2 1 A d 8uf1 lv 30 jlto J J cJU 307 w v I fJtLt J u j 7 h w 137Lv1jrl21r 7 I j t 0 CfJJj1r K Yz olldG4 ru CUtL vJcvkf If 7 ecoc4tJltlJY571714JItc15ltXSfIZvJOAvUJ I 6 ce 7c 1 n P J1InynA v l d 1IPILAJ7vv J r1J Y 0 r 1 a P t x J tI j I 0i4 iev 11iYPi0 YA t G ztIItJ v IIIfrV L It v 0 rJ0 0 11 r cP1I1111V1I v 14 f riJAJr1vltyIvizU I I7 Ht7cjz7tUJ 14d4rd96e1tJ14AtCJ1 l 1J1 c IJJ LJ cz 1 rIIiIjItl aLYY71 s d u111dr1AJVLtPtj4 471rdLtI7tA JIj pt f h r7Vdlr7t J 11 G y1li r l I 6ILtoYkc1Ik zIIj1tJC7tlv K iChLrf3 1Lf L 1 6 13 Goj1Iiff11u7fIc77W Y L J j tc 7 pMVL4 U t t LdfUVv7Vsi7I A J 1 If11illpLtuVVlAlVV4JVAdidk 71IJ1X017rrL 1 r 1 Y J v7tfrt1jrJ 1lJJIlll es1 uJClt J Nv t AI J I tI1 l 3 1 b i v 1JI A if t iIfr iJJl fJ I I iv V fi c Qi k4 JJ 7 j AJtA0JJ11LJ17 t rj l o 2 t a f 1 t f I YI fQ W w t fJ 7rir N tl lC fO 1 l t Jttt LLO 9 wctf 1 ht The citizens on Walton and adjoining streets respectfullyrequestthecounciltorezonethePaslerandSmithproperty on Lincoln from R3to Rl Texas August 26 1976 J August 21 1976 City SecretaryCtyofCollege StationCityHall College Station Texas 77840 PETI rIOI TO WHOM IT y CONCEm The undersigned hereby files their written protestagainstaproposedchangeof9acresmoreorlessboundedbyLincolnPaslerandNimitzandfurtherdescribedinVolume273Page828DeedRecordsofBrazosCountyTexaslocatedinCollegeStationBrazosCountyTexas We the undersigned object to the property being rezonedfromR3toRlforthereasonthatsuchchangeisnotfairandreasonableunderthecircumstancesandinfactunderthefactsandcircumstanceswouldbeunfairoppressivearbitraryunreasonableandconstitutingthetakingofourpropertyandconfiscatingitwithoutjustcompensationviolatingdueprocessandrightstocontractArezoningtoRlwouldhavetheeffectofsubstantiallyreducingthevalueofthepropertytoavaluelessthanwhatwaspaidforitinOctober1968withanR3designation The undersigned files this their written protest inaccordancewiththelawsandstatutesoftheStateofTexasandordinancesoftheCityofCollegeStationCollegeStationTexas Respectfully submitted 1 rkJLa1 AUA Ea 1 Bra9k n J TrusteeftOj12cjevIiCtVtr1 l w EARL BRACKEN JR ATTORNEY AT LAW PHONE 817 772 4506 RECEIYED 5000 RIDGEVIEW DRIVE WACO TEXAS 76710 f f 1 L1 A Pi1l June 12 1976 CIlY OF COlL EGE STAtIOl t BY 11 Mr North Bardell City Man ager P O Box 9960 College Station Texas 77840 Dear Mr Bardell I am writing you with egards to a tract of land I own in my name as trustee in the City of College Station a little over 9 acres bounded by Lincoln Pasler and Nimitz as further described in Volume 273 P age 828 Deed Records of Brazos County Texas I have discussed my ownership of this tract with Mr Lewis in the light of the concern based on some information that the above described tract was being considered for rezoning to a residential classification The purpose of this letter is to advise that the undersigned as trustee objects and protests to such a consideration if such is being contemplated for the reason that we purchased this property on the basis of its highest and best use to which it was zoned at the time of the purchase and know of no facts or circumstances that have changed or altered the highest and best use of this property which is multi family apartment units It is respectfully requested that in the event any action is contemplated or set for decision by the City Council that the undersigned be advised immediately by collect call and by use of the self addressed stamped envelope enclosed We are at the present time negotiating with purchasers as to this property and would appreciate you advising the undersigned that no such action as to the above described property is contemplated as we would not want to be placed in the position of making any type of misrepresentation to a purchaser Respectfully nc cc Mr Neeley C Lewis P O Drawer 313 Bryan Texas 77801 w EARL BRACKEN JR ATTORNEY AT LAW PHONE 817 772 4506 5000 RIDGEVIEW DRIVE WACO TEXAS 76710 July 23 1976 Mr Al MayoCityPlanner P O Box 9960 College Station Tx 77840 Dear Mr Mayo With reference to the City s correspondence ofJune29thitisourunderstandingthatapublichearinghasbeensetduringthenthofAugustforrezoningotpropertyonLincoln Since my family and I are leaving on vacation withanotherfamilyandIalsohaveothermattersalreadysetfortheremainderofAugustwhichnecessitatebeinginwacoIrespectfullyrequestthatsaidpublichearingberesetduringSeptemberonadateacceptabletoyou I will appreciate your help in getting this publichearingresetforSeptemberandwillmakeplanstobeavailableuponnotificationfromyouofthenewdate Sincerely yours J2 Earl Bracken Jr Trustee ps