Loading...
HomeMy WebLinkAbout14254 ORD - 04/05/1978jkh:4 -3 -78; 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SIDNEY H. SMITH, III, FOR APPRAISAL SERVICES OF 15 PARCELS IN CONNECTION WITH THE McKINZIE ROAD - S.H. 44 TO 1.8 MILE NORTH IMPROVEMENT PROJECT, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING $4,865 OUT OF THE NO. 220 STREET BOND FUND, OF WHICH $3,890 IS FOR APPRAISAL SERVICES, $675 IS FOR CONTINGENCY APPRAISAL SERVICES IN CASE OF POSSIBLE CROP DAMAGE, AND $300 IS FOR OWNERSHIP REPORTS, IN CONNECTION WITH THE AFORESAID PROJECT, NO. 220- 72 -51; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute an agreement with Sidney H. Smith, III, for appraisal services of 15 parcels in connection with the Mc Kinzie Road, S.H. 44 to 1.8 Mile North Improvement Project, No. 220- 72 -51, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. That there is hereby appropriated the sum of $4,865 out of the No. 220 Street Bond Fund, of which amount $3,890 is for appraisal services, $675 is for contingency appraisal services in case of possible crop damage, and $300 is for ownership reports, in-connection with the aforesaid project, No. 220- 72 -51. / SECTION 3. The necessity for authorizing execution of the aforesaid agreement and appropriation of sums necessary to compensate the appraiser and to provide for other services, as more fully set forth hereinabove, in connection with acquisition of tracts or parcels for the Mc Kinzie Road Improvement Project creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordi- nance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared such emergency and necessity to exist, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction MICROFILMED JUL 0 7 1980 14254 and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the S day of ril, 1978. ATTEST: "10y Sec MAYOR THE C TY OF ORP CHRISTI, TEXAS APPROVED: l DAY OF APRIL, 1978: J. BRUCE AYCOCK, CITY ATTORNEY By /6i'V Assistant City rney REAL ESTATE APPRAISAL CONTRACT THE STATE OF TEXAS COUNTY OF NUECES k This agreement is entered into between the City of Corpus Christi, Texas ( "Party of the First Part ") hereinafter called City, and Sidney H. Smith III ( "Party of the Second Part ") being referred to as "Appraiser ", and pertains to the prepara- tion of Real Estate Appraisals for right -of -way easement acquisition of 15 par- cels subject to possible Eminent Domain action, said properties are to be acquired by the City in connection with the McKinzie Road -S.H. 44 to 1.8 Mile North Improvement Project. NOW THEREFORE, the City and the Appraiser agrees as follows: A. The Appraiser will provide the following: (1) Prepare appraisal reports for 15 parcels as per attached legal descriptions. The City reserves the right to amend the legal descriptions of the parcels if necessary. (2) Submit one appraisal package consisting of three (3) bound copies covering 15 parcels. One part of the report will include all the general information relating to the area and city, definitions, trends, etc. The other part will exclude the general information and focus attention on highest and best use, comparables, photo- graphs and value of each of the 15 parcels. The report should show the approaches used in determining the appraised value for each parcel. (3) The Appraiser will provide appraisals of said parcels as assigned within 45 days gter the City has furnished all necessary data to complete each assignment. (4) The Appraiser agrees to share information on comparable sales in the area in a cooperative manner with other appraisers appraising in the area for the City. (5) The Appraiser agrees to coordinate all work with the City property and Land Acquisition Division and shall submit all reports to Property and band Acquisition Division, 1801 North Chaparral, Corpus Christi, Texas 78401 upon completion. (6) The Appraiser agrees that he will make a personal inspection of each parcel to be appraised and discuss with the owner or owners where possible in order to get his (her) (their) assistance in providing information on subject property. The Appraiser will verify that the owner or owners or his (her) (their) designated representative has been given an opportunity, by reasonable ad- vance notice in writing or otherwise, to accompany the Appraiser during his inspection of the property. It is further agreed that appraisal information concerning the property assigned for ap- praisal services, whether contained within the appraisal report to the City or not, is to be treated as confidential and a breach of such confidence by the Appraiser, except on written authorization by the City or upon proper order of the Court, shall be considered a material breach of this contract. (7) The Appraiser agrees, upon the City's request, to make preparations for Court testimony and appear in Court to testify, in support of his appraisal, for a fee of $240.00 per day. (8) If there are separately held interests in the real property to be acquired (such as easements, leaseholds, tenant -owned improvements, life estates, etc.), the appraisal shall include an apportionment of the total just compensation to each separately held interest to be acquired. Acquisition will not include mineral rights. (9) The Appraiser will comply with all Federal, State and Local laws and ordinances applicable to the work. (10) The Appraiser agrees to hold the City of Corpus Christi harmless from any claims and liability due to activities of himself, his agents, or employees. (11) The Appraiser shall provide a signed statement setting forth his technical qualifications, general appraisal experience, specific experience in appraising properties of the type involved in this project, the courts in which he has testified as an expert witness -2- and any other information relating to professional qualifications. (22) In agreeing to the terms of this contract the appraiser hereby certifies that he (she) does not have any interest (including that of real estate broker or agent), direct or indirect, present or prospective, in any property described in this agreement here- of or in the sale thereof, or any other interest, whether or not in connection with said property, which would conflict in any manner or degree with the performance of the services and sub- mission of impartial reports, and has not employed and will not employ, in connection with the services to be furnished hereunder, any person having any such interest, and until such property is acquired by the City or excluded from its project, the Appraiser and any employees of the Appraiser, so long as they are employed by the Appraiser, will not acquire any such interests and will not, for their own account or for other than the City, negotiate for any of said property, perform services in connection with said property, or testify voluntarily as a witness in a condemnation or other proceeding with respect to such property. B. The City agrees to provide the following to the Appraiser: (1) Furnish 4 copies of ownership reports and legal descriptions of each parcel. (2) Furnish a set of plans for the project. (3) Provide information on comparables if any available to the City. C. Payment: For and in consideration of the work to be performed by the Appraiser as discussed in Paragraph 2 herein, the City agees to pay the Appraiser the sum of THREE THOUSAND EIGHT HUNDRED NINETY DOLLARS AND NO CENTS ($3,890.00) for the total assignment with payment to be made upon completion of total assignment. D. Termination: The City reserves the right to terminate this contract with cause at anytime. Termination may include the entire contract or may include only selected parcels which the City desires to delete. In either case the City agrees to pay the Appraiser only for the work where completed appraisals have been submitted at the time of termination. a' E. Assignability: The Appraiser shall not assign, transfer or delegate any of his obligations or duties of this contract to any other person with- out prior written consent of the City except for routine duties delegated to personnel of the Appraiser's staff. P. Appraisal Proposal Letter: The appraisal proposal letter and all it's conditions is attached hereto and made a part of this contract. EXECUTED in triplicate, each of which shall be considered an original this the day of , 19 ATTEST: City Secretary APPROVED AS TO LEGAL FORM THIS_ DAY OF C(/L t�J , 19 —7(Y• G -��GcJ C- y torney -4- THE CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager City of Corpus Christi, Texas �Directornce Real E to Ap' raiser SN11 Sidney H. Smith III Real Estate Appraisers & Consultants March 16, 1478 Mr. R. Marvin Townsend, City Manager and 9r. Kenneth Kohrs, Manager of Property R Land Acquisition City of Corpus Christi P. 0. Box 9277 1801 North Chaparral Corpus Christi, Texas 78401 Re: Proposed McKenzie Road Improvement, fifteen (15) parcels. Gentlemen: At your request I am pleased to submit to you my proposal for appraising the above ref_erenced properties. My appraisal reports will be in accordance with the rules, regulations,'standards, and ethics of the International Society of Real Estate Appraisers and the American Institute of Real Estate Appraisers. The time schedule for completion of these reports, I understand will he thirty to forty -five days from the official date of assignment. The City shall receive three complete signed copies of each report. This appraiser shall not be required to give testimony or appear in court because of having made these appraisals unless arrangements have been previously made there- for. My fee for court work is $240.00 per day including preparation time. - In the preparation of this proposal I have consulted with expert members of the legal and appraisal professions in the field of eminent domain from Corpus-Christi and other nearby cities, as well as the Property R Land Acquisition Department of the City. It is understood that these parcels are easements vs. fee takings. At this time, no crop damages are anticipated on any parcel, however, if crops are disturbed or destroyed as a result of this project, there will be damages to con- sider. The extra time incurred in estimating the extent of crop damages would add $45 per parcel or a total of 5675 to the fee estimate which follows. This proposal was developed as recorded on the attachments following this narrative. The BASIS FOR FEE exhibit shows the estimate of time required item by item for one "typical" parcel out of the fifteen proposed, this is noted as the BASE (8645.00). As per instructions from Mr. Kohrs, all the pertinent common data is narrated only once in the master report thus eliminating costly duplications. Each parcel is then added to the master in order and only individualized data is necessary in each parcel subsection. The cost of each subsection is set out item per item on the exhibit attached ($175.00). R.O BOX 6274 l��_i 512/B53-5137 CORPUS CHRISTI, TEXAS 78411 )f Corpus Christi ' Pus_ -2- Parch lr,, 1979 As different parcels have different improvements to be accounted for, their valua- tion and any damages accruing thereto are set out in the exhibit titled "FEE - continued ". The greatest saving in this 15 parcel appraisal will be from the use of common data obtained from the airport expansion report just recently delivered to the city. The TOTAL FEE. is then $3890 or $259.33 average per parcel. The fee for each indi- vidual' parcel is recorded on the attached exhibit. It is my pleasure, Vr. Townsend and Mr. Kohrs, to submit this proposal to you and to the City of Corpus Christi. I genuinely appreciate your courtesy and consideration and the opportunity to be of service to our City. Very truly yours, _Sidney H. Smith III Senior Real Property Appraiser s4s /cd attachments DAN P­ ­d By s, r zs A Ed C4 :-h k' fill AIN aA t NEI 770- A --- Arm 1 e d Not acci s Now OUT T-1 nu HK .11 W.D. 1 Lot L i, A. Zvi 4 A 1.2. 4—, J. y T o " 2AIR b1U po U_ il D- VS� I Ll-kv VIA 4y . MT A__'L AMU, qy% Df -4j T Lill TV. Z7 7 I L - A. 44 IS 1 ' - • Przon'aa Br - rr LL Anr raced Rt LX ca i... ••I�i� , +: t -,• ' r_i i�• 1. ='' " ' 615_ i 7,11 i • n ! 17.5.. - 1Q_ _. .. . _ • — }.rt .1:, ._ . _..... .. •...... ,1 . ' ' - "r - - . I I T� - it —1_A _ F i r _. _ '�_. -1 • a i. v y li•w 1.Lz LA- tsir - ->• � -� -i . 1. -' !__ - • I -, ;. + " -_ Li Ij ._ .- - . - -•-- -- '/- '�� -' _' IL1 -r I - I -; t +' -, "i ,�---t -i �t -t-.�_ 's.._r ' ..a-t-� I, I .. � .J I I `� ,t I •i - I : I , ; ry '' 1 '` I ; ! � � "i ,, l -I j-! - -� I I I 1 I I :+ !. I . s Parcel 2 F.M. 3386 - McKINZ E ROAD •S.H. 44 to 1.8 Mile North Control: 3364 -1 METES AND BOUNDS All that certain strip or parcel of land required for the construction of F.M. 3386 off the East side of a 320 acre tract of land as described by deed from Mills Bennett to Bryan E. Dauer recorded in Volume 249, Page 619, Deed Records, Nueces County, Texas, said tract of land being a part of School Section 410, A. B. & M. Certificate No. 959, State Abstract No. 853, said strip of land being more clearly described as follows: Beginning at a point in the proposed West right -of -way line of F.M. 3386. From said point the Northwest corner of said Section 410, being marked by a 3 inch square concrete post, bears S. 890 13' 03" W., 2,613.05 feet and F.M. 3386 Engineer's Centerline Station 53 +31.62, bears N. 890 13' 03" E., 60.00 feet. Said point also being on the North line of said Section 410, also being the South line of Section 409; Thence N. 890 13' 03" E., a distance of 60.00 feet along said line common to fiction 410 and Section 409 to a point in the proposed center= line of F.M. 3386; Thence S. 00 46' 57" E., a distance of 5,206.36 feet along the proposed centerline of F.M. 3386 to a point in the North right -of -way line of the Texas Mexican Railway Co.; Thence S. 880 35' 46" W., a distance of 60.01 feet along the North right- of-way line of the Texas Mexican Railway Company to a point; Thence N. 00 46' 57" W., a distance of 5,207.01 feet along a line 60.0 feet West of and parallel to the proposed centerline of F.M. 3386 to the point of beginning. Said strip or parcel of land contains 7.172 acres of land, more or less of which 3.586 acres, more or less, are within the limits of a county road known as McKinzie Road, which is not intended to be a part of this conveyance. (Present ROW: 3.586 acres, Additional ROW: 3.586) Parcel 3 -F-M. 3386 - MCKINZIE ROAD S.H. 44 to 1.8 Mile North Control::3364 -1 METES AND BOUNDS All that certain strip or parcel of land required for the construction of F.M. 3386 off the West side of a 118.6 acre tract described by deed records in Volume 1590, page 28, Deed Records of Nueces County, Texas, said tract being a part of Section 410, A. B. & M. Certificate No. 959, State Abstract No. 991, said strip of land being more clearly described as follows: Beginning at a point in the South line of the said 118.6 acre tract, being the North right -of -way line of the Texas Mexican Railway Company, and being in the proposed East right -of -way line of F.M. 3386, from said point Engineer's centerline Station 1 +26.26 bears S. 880 35' 46" W., 60.00 feet and the Southeast corner of said 118.6 acre tract bears N. 880 35' 46" E. 2,594.75 feet; Thence S. 880 35' 46" W., a distance of 60.00 feet along the South line of the Morgan -Head Tract, also being the North right -of -way line of the Texas Mexican Railway Company, to a point in the proposed centerline of F.M. 3386; Thence N. 00 46' 57" W., a distance of 1,759.06 feet along the centerline of proposed F.M. 3386 to a point in the South line of the Roger Whitmire Tract; Thence N. 890 13' 03" E., a distance of 60.00 feet along the common property line to the Morgan�Head Tract and the Roger Whitmire Tract to a point; Thence S. Oo 46' 57" E., a distance of 1,758.41 feet along a line 60.00 feet East of and parallel to the centerline of proposed F.M. 3386 to the point of beginning. Said strip or parcel of land contains 2.422 acres of land, more or less, Of which 1.211 acres, more or less, are within the limits of a county road known as McKinzie Road, which is not intended to be a part of this conveyance. .(present ROW: 1.211 acres, Additional ROW: 1.211) Parcel 4 E.M. 3386 - McKINZIE ROAD S.H. 44 to 1.8 Mile North Control: 3364 -1 METES AND BOUNDS All that certain strip or parcel of land required for the construction of F.M. 3386 off the West side of a 1.179 acre tract described by deed re- corded in Volume 1482, Page 941, Deed Records of Nueces County, said tract being a part of Survey 410, Certificate No. 959, State Abstract No. 991, said strip of land being more clearly described as follows: Beginning at a point in the North line of the Roger Whitmire Tract, being the South line of the Mrs. Joe H. Bernsen Tract and being in the proposed East right -of -way line of F.M. 3386, from said point Engineer's centerline Station 20 +92.12 bears S. 890 13' 03" W., 60.0 feet and the Northwest corner of said 1.179 acre Whitmire Tract bears N. 89 13' 03" E., 187.23 feet; Thence S. 00 46' 57" Et, a distance of 207.80 feet along a line 60.00 feet East of and parallel to the proposed centerline of F.M. 3386 to a point in the South property line of the said 1.179 acre Whitmire Tract; Thence S. 890 13' 03" W., a distance of 60.00 feet along the South property line of the said Whitmire Tract to a point in the centerline of proposed F.M. 3386; Thence N. 00 46' 57" W., a distance of 207.80 feet along the proposed centerline of F.M. 3386 to a point in the North property line of the said Whitmire Tract; Thence N. 890 13' 03" E., a distance of 60.00 feet along the North line of the said Whitmire Tract to the point of beginning. Said strip or parcel of land contains 0.286 of an acre of land, more or less, of which 0.143 of an acre, is within the limits of a county road known as McKinzie Road, which is not intended to be a part of this conveyance. (Present ROW: 0.143 acre, Additional ROW: 0.143 acre) Parcel 5 F.M. 3386 - MCE=IE ROAD S.H. 44 to 1.8 Mile North Control: 3364 -1 METES AND BOUNDS All that certain strip or parcel of land required for the construction of F.M. 3386 off the West side of a tract of land described by deed of trust release recorded in Volume 1339, Page 450, of the deed of trust records of Nueces County, Texas, said tract of land being a part of A. B. & M. Survey No. 410, Abstract No. 991, said strip of land being more clearly described as follows: Beginning at a point in the South line of the Mrs. Joe H. Bernsen Tract, also being the North line of the Roger Whitmire Tract and being in the proposed East right -of -way line of F.M. 3386, from said point Engineer's centerline Station 20 +92.12 bears S. 890 13' 03" W., 60.0 feet and the Southeast corner of the said Bernsen Tract bears N. 890 13' 03" E., 2,592.48 feet. Thence S. 890 13' 03" W., a distance of 60.00 feet along the South property line of the Bernsen Tract to a point in the centerline of pro- posed F.M. 3386; Thence N. 00 46' 57" W., a distance of 1,939.42 feet along the proposed centerline of F.M. 3386 to a point in the North line of the Bernsen Tract; Thence N. 890 13' 03" E., a distance of 60.00 feet along the North line of the Bernsen Tract to a point in the proposed East right -of -way line of F.M. 3386; Thence S. 00 46' 57" E., a distance of 1,939.42 feet along a line 60.00 feet East of and parallel to the proposed centerline of F.M. 33$6 to the point of beginning. Said strip or parcel of land contains 2.672 acres of land, more or less, of which 1.336 acres, more or less, are within the limits of a county road known as McKinzie Road, which is not intended to be a part of this conveyance. (Present ROW: 1.336, Additional ROW: 1.336) x Parcel 6 F.M. 3386 - mcKiNziE ROAD S.H. 44 to 1.8 Mile North Control: 3364 -1 METES AND BOUNDS All that certain strip or parcel of land required for the construction of F.M. 3386 off the West side of a tract of land described by deed recorded in Volume 1584, Page 988, of the deed records of Nueces County, Texas, said tract of land being out of A. B. & M. Survey No. 410, Abstract 991, said strip of land being more clearly described as follows: Beginning at a point in the North line of the Santos Barraza Tract, also being the South line of the Kathryn Ordner Looka, et vir, Tract and being in the proposed East right -of -way line of F.M. 3386, from said point Engineer's Centerline Station 44+48.96 bears S. 890 13' 03" W., 60.00 feet and the Northeast corner of the Santos Barraza Tract bears N. 890 13' 03" E., 1,135.83 feet; Thence S. o0 46' 57" E., a distance of 417.42 feet along a line 60.00 feet East of and parallel to the proposed centerline of F.M. 3386 to a point in the South line of the Santos Barraza Tract; i Thence S. 890 13' 03" W., a distance of 60.00 feet along the South line of the Santos Barraza Tract to a point in the proposed centerline of F.M. 3386; Thence N. 00 46' 57" W., a distance of 417.42 feet along the proposed centerline of F.M. 3386 to a point in the North line of the Santos Barraza Tract; Thence N. 890 13' 03" E., a distance of 60.00 feet along the North line of the Santos Barraza Tract to the point of beginning. Said strip or parcel of land contains 0.576 of an acre of land, more or less, of which 0.288 of an acre, more or less, is within the limits of a county road known as McKinzie Road, which is not intended to be a part of this conveyance. (Present ROW: 0.288 acre, Additional ROW: 0.288) Parcel 7 F.M. 3386 - MCKINZIE ROAD S.H. 44 to 1.8 Mile North Control: 3364 -1 METES AND BOUNDS All that certain strip or parcel of land required for the construction of F.M. 3386 off the West side of a tract of land described in Volume 1563, Page 858 of the Deed Records of Nueces County, Texas, said tract of land being out of A. B. & M. Survey No. 410, Abstract 991, said strip of land being more clearly described as follows: Beginning at point in the South line of the Kathryn Ordner Looka, et vir, Tract also being the North line of the Santos Barraza, at ux Tract and being'in the proposed East right -of -way line of F.M. 3386, from said point Engineer's Centerline Station 44+48.96 bears S. 890 13' 03" W., 60.00 feet and the Southeast corner of the Kathryn Ordner Looka, et vir Tract, bears N. 890 13' 03" E., 1,135.83 feet; Thence S. 890 13' 03" W., a distance of 60.00 feet along the South line of the Kathryn Ordner Looka, et vir Tract to a point in the proposed center- line of F.M. 3386; Thence N. 00 46' 57" W., a distance of 417.43 feet along the proposed centerline of F.M. 3386 to a point in the North line of the Kathryn Ordner Looka, at vir Tract; Thence N. 860 43' 53" E., a distance of 60.06 feet along the North line of the Kathryn Ordner Looka, et vir Tract to a point in the proposed East right -of -way line of F.M. 3386; Thence S. 00 46' 57" E., a distance of 420.04 feet along a line 60.00 feet East of and parallel to the proposed centerline of F.M. 3386 to the point of beginning. Said strip or parcel of land contains 0.577 of an acre of land, more or less, of which 0.288 of an acre, more or less, is within the limits of a county road known as McKinzie Road, which is not intended to be a part of this conveyance. (Present ROW: 0.288 acre, Additional ROW: 0.289 acre) Parcel 8 F.M. 3386 - McKINZTE ROAD S.H. 44 to 1.8 Mile North Control: 3364 -1 METES AND BOUNDS All that certain strip or parcel of land required for the construction of F.M. 3386 off the West side of a 7.0 acre tract of land described in Volume 1583, Page 909, Deed Records, Nueces County, Texas, said tract of land being ,partially out of A. B. & M. Survey No. 409, Abstract 555, said strip of land being more clearly described as follows: Beginning at a point in the North line of the Bryant Ficken, Jr. -Tract also being the South line of the Herco Truck Service, Inc. Tract and being in the proposed East right -of -way line of F.M. 3386, from said point Engineer's centerline Station 54+87.56 bears S. 890 15' 08" W., 60.00 feet and the Northeast corner of the Bryant Ficken, Jr. Tract bears N. 890 15' 08" E., 440.00 feet ; Thence S. 00 46' 57" E., a distance of 618.53 feet along a line 60.00 feet East of and parallel to the proposed centerline of F.M. 3386 to a point in the South line of the Bryant Ficken, Jr. Tract; Thence S. 860 43' 53" W., a distance of 60.06 feet along the South line of the Bryant Ficken, Jr. Tract to a point in the proposed centerline of F.M. 3386; Thence N. 00 46' 57" W•, a distance of 621.17 feet along the proposed centerline of F.M. 3386 to a point in the North line of the Bryant Ficken, Jr. Tract: Thence N. 890 15' 08" E., a distance of 60.00 feet along the North line of the Bryant Ficken, Jr. Tract to the point of beginning. Said strip or parcel of land contains 0.853 of an acre of land, more or less of which 0.427 of an acre, more or less, is within the limits of a county road known as McKinzie Road, which is not intended to be a part of this conveyance. (Present ROW: 0.427 acre, Additional ROW: 0.426) Parcel 9 F.M. 3386 - mcmiziE ROAD S.H. 44 to 1.8 Mile North Control: 3364 -1 METES AND BOUNDS Being two strips of land, part one containing 3.313 acres,.part two containing 0.315 acre required for the construction of F.M. 3386 off the East side of a tract of land described in Volume 915, Page 328, Deed Records, Nueces County, Texas, said tract of land being out of A. B. & M. Survey 409, Abstract 555, said strips of land being more clea ly described as follows: PART 1 Beginning at a point in the South line of the Edwin Bernard Hoelscher Tract also being the North line of the Bryan E. Jauer Tract and being in the proposed West right -of= -way line of F.M. 3386, from said point Engineer's Centerline Station 53 +31.62 bears N. 890 13' 03" E., 60.00 feet and the Southwest corner of the Edwin Bernard Hoelscher Tract bears S. 890 13' 03" W., 1,276.95 feet; Thence N. 00 46' 57" W., a distance of 2,430.31 feet along a line 60.00 feet West of and parallel to the proposed centerline of F.M. 3386 to a point in the Corpus Christi City Limit Line; Thence S. 500 21' 28" E., a distance of 78.82 feet along the Corpus Christi City Limit Line to the proposed centerline of F.M. 3386; Thence S. 00 46' 57" E., a distance of 2,379.21 feet along the proposed centerline of F.M. 3386 to the South line of the Edwin Bernard Hoelscher Tract; Thence s. 890 13' 03" W., a distance of 60.00 feet along the South line of the Edwin Bernard Hoelscher Tract to the point of beginning. Said strip or parcel of land contains 3.313 acres of land, more or less, of which 1.648 acres, more or less, are within the limits of a county road known as Mc Kinzie Road, which is not intended to be a part of this conveyance. (Present ROW: 1.648 acres, Additional ROW: 1.665 acres) -1- Parcel 9 PART 2 (continued) Cominencing at a point in the South line of the Edwin- Bernard Hoelscher Tract also being the North line of the Bryan E. Dauer Tract and being in the proposed West right -of -way line of F.M. 3386, thence N. 00 46' 57" W., a distance of 2,430.31 feet to a point in the Corpus Christi City Limit Line, from said point Engineer's Centerline Station bears S. 500 21' 28" E., 78.82 feet, for the point of beginning of this survey; Thence N. o0 46' 57" W., a distance of 203.37 feet along a line 60.00 feet West of and parallel to the proposed centerline of F.M. 3386 to a point in the North line of the Edwin Bernard Hoelscher Tract; Thence N. 890 13' 03" E., a distance of 60.00 feet along the North line of the Edwin Bernard Hoelscher Tract to a point in the proposed centerline of F.M. 3386; Thence S. 0° 46' 57" E., a distance of 254.47 feet along the proposed centerline of F.M. 3386 to a point in the Corpus Christi City Limit Line; Thence N. 500 21' 28" W. a distance of 78.82 feet along the Corpus Christi City Limit Line to thedpoint of beginning. Said strip or parcel of land contains 0.315,acre of land, more or less, of which 0.166 acre, more or less is within the limits of a city street known as Mcyinzie Road, which is not intended to be a part of this conveyance. (Present ROT: 0.166 acre, Additional ROW: 0.149 acre) Parcel 10 F.M. 3386 - MCKINZIE ROAD S.H. 44 to 1.8 Mile North Control: 3364 -1 METES AND BOUNDS All that certain strip or parcel of land required for the construction of F.M. 3386 off the West side of a tract of land described in Volume 1563, Page 881, Deed Records, Nueces County, Texas, said tract of land being out of A. B. & M. Survey No. 409, Abstract 555, said strip of land being more clearly described as follows: Beginning at a point in the North line of the Herco Truck Service, Inc. Tract also being the South line of the Donald P. Olsen Tract and being in the proposed East right -of -way line of F.M. 3386, from said point Engineer's Centerline Station 59+87.56, bears S. 890 15' 08" W., 60.00 feet and the Northeast corner of the Herco Truck Service, Inc. Tract bears N. 890 15' 08" E., 2,589.71 feet; Thence S. 00 46' 57" E., a distance of 500.00 feet along a line 60.00 feet East of and parallel to the proposed centerline of F.M. 3386 to a point in the South line of the Herco Truck Service, Inc. Tract; Thence S. 890 15' 08" W., a distance of 60.00 feet along the South line of the Herco Track Service, Inc. Tract to a point in the proposed centerline of F.M. 3386; Thence N. 00 46' 57" W., a distance of 500.00 feet along the proposed centerline of F.M. 3386 to a point in the North line of the Herco Truck Service, Inc. Tract; Thence N. 890 15' 08" E., a distance of 60.60 feet along the North line of the Herco Truck Service, Inc. Tract to the point of beginning. Said strip or parcel of land contains 0.688 acre of land, more or less, of which 0.344 acre, more or less, is within the limits of a county road known as McKinzie Road, which is not intended to be a part of this conveyance. (Present ROW: 0.344 acre, Additional ROW: 0.344 acre) Parcel 11 F.M. 3386 - MCK]NZIE ROAD S.H. 44 to 1.8 Mile North Control: 3364 -1 METES AND BOUNDS Being two strips of land, part one containing 2.339 acres, part two containing 0.041 acre required for the construction of F.M. 3386 off the West side of a tract of land described in Volume 1417, Page 478, Deed Records, Nueces County, Texas, said tract of land being out of A. B. & M. Survey No. 409, Abstract No. 555, said strips of land being more clearly described as follows: PART 1 Beginning at a point in the South line of the Donald P. Olsen Tract also being the North line of the Herco Truck Service, Inc. Tract and being in the proposed East right -of -way line of F.M. 3386, from said point Engineer's Centerline Station 59 +87.56 bears S. 890 15' 08" W., 60.00 feet and the Southeast corner of the Donald P. Olsen Tract bears N. 890 15' 08" E., 2,589.71 feet; Thence S. 890 15' 08" W., a distance of 60.00 feet along the South line of the Donald P. Olsen Tract to a point in,the proposed centerline of F.M. 3386; Thence N. 00 46' 57" W., a distance of 1,723.27 feet along the proposed center- line of F.M. 3386 to a point in the Corpus Christi City Limit Line; Thence S. 500 21' 28" E., a distance of 78.82 feet along the Corpus Christi City Limit Line to a point in the proposed East right -of -way line of F.M. 3386; Thence S. 00 46' 57" E., a distance of 1,672.17 feet along a line 60.00 feet East of and parallel to the proposed centerline of F.M. 3386 to the point of beginning. Said strip or parcel of land contains 2.339 acres of land, more or less, of which 1.178 acres are within the limits of a county road known as McKinzie Road, which is not intended to be a part of this conveyance. (Present ROW: 1.178 acres, Additional ROW: 1.161 acres) PART 2 Commencing at a point in the South line of the Donald P. Olsen Tract also being -1- �1 Parcel 11 PART 2 - con't. the North line of the Herco Truck Service, Inc. Tract and being in the proposed East right -of -way line of F.M. 3386, from said point Engineer's centerline Station 59-r87.56 bears S. 890 15' 08" W., 60.00 feet and the Southeast corner of the Donald P. Olsen Tract, bears N. 890 15' 08" E., 2,589.71 feet, thence N. 00 46' 57" W., a distance of 1,672.17 feet to a point in the Corpus Christi City Limit Line for the point of beginning of this survey; Thence N. 500 21' 28" W., a distance of 78.82 feet along the Corpus Christi City Limit Line to a point in the proposed centerline of F.M. 3386; Thence N. 00 46' 57" W., a distance of 4.47 feet along the proposed centerline of F.M. 3386 to a point in the South property line extension of McKinzie Acres Subdivision; Thence N. 890 13' 03" E., a distance of 60.00 feet along the South property line and extension of McKinzie Acres Subdivision to a point in the proposed East right- of-way line of F.M. 3386; Thence S. 00 46' 57" E., a distance of 55.57 feet along a line 60.00 feet East of and parallel to the proposed centerline of F.M. 3386 to the point of beginning. Said strip or parcel of land contains 0.041 acre of land, more or less, of which 0.012 acre, more or less, is in the limits of a city street known as McKinzie Road, which is not intended to be a part of this conveyance. (Present ROW: 0.012 acre, Additional ROW: 0.029) -2- Parcel 12 F.M. 3386 - MCKINZIE ROAD S.H. 44 to 1.8 Mile North Control: 3364 -1 METES AND BOUNDS All that certain strip or parcel of land required for the construction of F.M. 3386 off the West side of Lot 2, McKinzie Acres as shown by plat recorded in Volume 42, Page 6, Map Records, Nueces County, Texas, said tract of land being out of A. B. & M. Survey No. 409, Abstract 555, said strip of land being more clearly described as follows: Beginning at a point on the South line of Lot 2, McKinzie Acres, said point being in the East right -of -way line of proposed F.M. 3386, from said point Engineer's Centerline Station 77+15.3, bears S. 890 13' 03" W. 60.00 feet and the Southeast corner of said Lot 2, bears N. 890 13' 03" E., 851.20 feet; Thence S. 890 13' 03" W., a distance of 60.00 feet along the South pro- perty line and its extension of said Lot 2 to a point in the proposed centerline of F.M. 3386; Thence N. 00 46' 57" W., a distance of 125.00 feet along the proposed centerline of F.M. 3386 to a point in the North property line extension of said Lot 2; Thence N. 890 13' 03" E., a distance of 60.00 feet along the North property line and its extension, of said Lot 2 to a point in the proposed East right -of -way line of F.M. 3386; Thence S. 00 46' 57" E., a distance of 125.00 feet along a line 60.00 feet East of and parallel to the proposed centerline of F.M. 3386 to the point of beginning. Said strip or parcel of land contains 0.172 acre of land, more or less, of which 0.115 acre, more or less, is within the limits of a city street known as McKinzie Road, which is not intended to be a part of this conveyance. (Present ROW: 0.115 acre, Additional ROYI: 0.057 acre) Parcel 13 F.M. 3386 - McKINziE ROAD S.H. 44 to 1.8 Mile North Control: 3364 -1 METES AND BOUNDS All that certain strip or parcel of land required for the construction of F.M. 3386 off the West side of Lot 1, McKinzie Acres as shown by plat recorded in Volume 42, Page 6, Map Records of Nueces County, Texas, said tract of land being out of A. B. & M. Survey No. 409, Abstract 555, said Strip of land being more clearly described as follows: Beginning at a point in the North property line of Lot 1, McKinzie acres also being the South line of the Edward R. Klebert and Annie Blake Morgan Head Tract, said point being in the proposed East right -of -way line of F.M. 3386, from said point Engineer's Centerline Station 79+65.3, bears S. 890 13' 03" W., 60.00 feet and the Northeast corner of said Lot 1, Bears N. 890 13' 03" E., 851.20 feet; Thence S. 00 46' 57" E., a distance of 125.00 feet along a line 60.00 feet East of and parallel to the proposed centerline of F.M. 3386 to a point in the South line of said Lot 13 also being the North line of I,ot 2; Thence S. 890 13' 03" W., a distance of 60.00 feet along the South line and its extension of said Lot 1 to a point on the proposed centerline of F.M. 3386; Thence N. 00 46' 57" W., a distance of 125.00 feet along the proposed centerline of F.M. 3386 to a point in the North property line extension Of said Lot 1; Thence N. 890 13' 03" E., a distance of 60.00 feet along the North Property line and its extension, of said Lot to the point of beginning. Said strip or parcel of land contains 0.172 acre of land, more or less, of which 0.315 acre, more or less, is within the limits of a city street known as McKinzie Road, which is not intended to be a part of this conveyance. (Present ROW: 0.115 acre, Additional ROW: 0.057 acre) Parcel 14 F.M. 3386 - mcK=IE ROAD S.H. 44 to 1.8,Mile North Control: 3364 -1 METES AND BOUNDS All that certain strip or parcel of land required for the construction of F.M. 3386 off the East side of a tract of land described in Volume 15813 Page 343, Deed Records, Nueces County, Texas, said tract of land being out of A. B. & M. Survey No. 409, Abstract 555, said strip of land being more clearly described as follows: Beginning at a point in the South line of the Peter Siracusa, et ux Tract, also being the North line of the Edwin Bernard Hoelscher Tract and being in the proposed West right -of -way line of F.M. 3386; from said point Engineer's Centerline Station 79+65.3, bears N. 890 13' 03" E., 60.00 feet and the Southwest corner of the Peter Siracusa, et ux Tract, bears S. 890 13' 03" W., 2,614.98 feet; Thence N. 00 46' 57" W., a distance of 1,320.59 feet along a line 60.00 feet West of and parallel to the proposed centerline of F.M. 3386 to a point in the North line of the Peter Siracusa, et ux Tract; Thence N. 890 13' 03" E 1 ., a distance of 60.00 feet along the North line of the Peter Siracusa, et ux Tract to a point in the proposed centerline of F.M. 3386; Thence S. 00 46' 57" E., a distance of 1,320.59 feet along the proposed centerline of F.M. 3386 to a point in the South line of the Peter Siracusa, et ux Tract; Thence S. 890 13' 03" W., a distance of 60.00 feet along the South line of the Peter Siracusa, et ux Tract to the point of beginning. Said strip or parcel of land contains 1.818 acres of land, more or less, of which 0.909 acre, more or less, is within the limits of a city street known as McKinzie Road, which is not intended to be a part of this conveyance. (Present ROW: 0.909 acre, Additional ROW: 0.909 acre) Parcel 15 F.M. 3386 - MCKI'Z1E ROAD S.H. 44 to 1.8 Mile North Control: 3364 -1 METES AND BOUNDS All that certain strip or parcel of land required for the construction of F.M. 3386 off the West side of a tract of land described in Volume 160, Page 93, Deed Records, Nueces County, Texas, said tract of land being out of A. B. & M. Survey No. 409, Abstract 555, said strip of land being more clearly described as follows: Beginning at a point in the South line of the said Eleberg and--Head Tract also being the North line of Lot 1, McKinzie Acres and being in the proposed East right -of -way line of proposed F.M. 3386, from said point Engineer's Centerline Station 79+65.3, bears S. 890 13' 03" W., 60.00 feet and the Southeast corner of the Kleberg and Head Tract bears.N. 890 13' 03" E., 2,589.70 feet; Thence S. 890 13' 03" W., a distance of 60.00 feet along the South line of the Kleberg and Head Tract to a point in the proposed center- line of F.M. 3386; Thence N. 00 46' 57" W., a distance of 1,470.59 feet along the proposed centerline of F.M. 3386 to a point; Thence N. 890 33' 03" E., a distance of 60.00 feet to a point; Thence S. 00 46' 57" E., a distance of 1,470.59 feet along a line 60.00 feet East of and parallel to the proposed centerline of F.M. 3386 to the point of beginning. Said strip or parcel of land contains 2.026 acres of land, more or less, of which 1.013 acres, more or less, are within the limits of a city steet known as McKinzie Road, which is not intended to be a part of this conveyance. (present ROW: 1.013 acre, Additional ROW: 1.013 acre) Parcel 16 F.M. 3386 - mcKPNz E ROAD S.H.'44 to 1.8 Mile North Control: 3364 -1 METES AND BOUNDS All that certain strip or parcel of land required for the construction of F.M. 3386 off the East side of a tract of land described in Volume 1599, Page 290, Deed Records, Nueces County, Texas, said tract of land being out of A. B. & M. Survey No. 409, Abstract 555, said strip of land being more clearly described as follows: Beginning at a point in the South line of the Corpus Christi Petro- chemical Company Tract also being the North line of the Peter Siracusa, et ux Tract and being in the proposed West right -of -way line of F.M. 3386, from said point Engineer's Centerline Station 92 +85.89, bears N. 890 13' 03" E., 60.00 feet and the Southwest corner of the Corpus Christi Petrochemical Company Tract, bears S. 890 13' 03" W., 2,615.56 feet; Thence N. 00 46' 57" W., a distance of 150.00 feet along a line 60.00 feet West of and parallel to the proposed centerline of F.M. 3386 to the North line of the Corpus Christi Petrochemical Company Tract; Thence N. 890 13' 03" E., a distance of 60.00 feet along the North line of the Corpus Christi Petrochemical Company Tract to a point in the proposed centerline of F.M. 3356; Thence S. 00 46' 57" E., a distance of 150.00 feet along the proposed centerline of F.M. 3386 to the South line of the Corpus Christi Petrochemical Company Tract; Thence S. 890 13' 03" W., a distance of 60.00 feet along the South line of the Corpus Christi Petrochemical Company Tract to the point of beginning. Said strip or parcel of,land contains 0.206 acre of land, more or less, of which 0.103 acre, more or less, is within the limits of a city street known as McKinzie Road, which is not intended to be a part of this conveyance. (Present ROW: 0.103 acre, Additional ROW: 0.103 acre) °Z Corpus Christi, Texasi day of L•L_1lw �%- 19 %� TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CIT OF C04 CHRISTI, TEXAS The Charter Rule was suspended Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample te:. 14254 :e: 0 t CITY OF CORPUS CHRISTI, TEXAS ti CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 23, 1978 I certify to the City Council that $ 4,865.00 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the ITreasury of the City of Corpus Christi to the credit of: Fund No. and Name 220 Street Bond Fund Project No. 220 -72 -51 Project Name MCKinzie Road -S.H. 44 to 1.8 Mile North Improvement Project from which it is proposed to be drawn, and such money is not appropriated for any other purpose. k V�Revised IN 2 -55 7/31/69 3J 19_� Director of YYnance c