HomeMy WebLinkAbout14361 ORD - 06/21/1978JKH:vp:6- 21778:1st
a
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH SIDNEY H. SMITH III FOR APPRAISAL SERVICES FOR
A PARCEL OF LAND IN CONNECTION WITH THE McKINZIE ROAD
- I.H. 37 OFF -RAMP ACQUISITION PROJECT 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 OUT OF THE 220 STREET BOND
FUND, PROJECT 220- 72 -52, $795 FOR APPRAISAL SERVICES;
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 for
a parcel of land in connection with the McKinzie Road - I. H. 37 Off -Ramp
Acquisition Project 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. There is hereby appropriated the sum of $795 out of
the No. 220 Street Bond Fund, Project 220- 72 -52, for appraisal services.
SECTION 3. The necessity to execute the aforesaid agreement and
to appropriate the sum hereinabove set out at the earliest possible date so
that the acquisition project may be continued without delay creates a public
emergency and an imperative public necessity requiring the suspension of the
Charter rule that no ordinance 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, and having requested the suspension
of the Charter rule and that this ordinance be passed finally on the date
of its introduction and take effect and be in full force and effect from and
after its passage, IT IS ACCORDINGLY SO ORDAINED, this the ZI day of
June, 1978.
ATTEST:
ity retary
APPROVED:
a ( DAY OF JUNE, 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
BY:
Y
14361
R
THE ITY OF
4111D '
4 "''US CHRISTI, TEXAS
taROFVErr
"JUL a8199O
REAL ESTATE APPRAISAL CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
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 Fart ") being referred to as "Appraiser ", and pertains to the
preparation of Real Estate Appraisal for one (1) Parcel subject to possible
Eminent Domain action, said property is to be acquired by the City in connection
with the McKinzie Road -I.H. 37 Off -Ramp Acquisition Project
A legal description of the Parcel is attached.
NOW THEREFORE, the City and the Appraiser agree as follows:
A. The Appraiser will provide the following: --
(1) Prepare appraisal reports for one (1) Parcel as per attached legal
description.
(2) Submit three (3) bound copies of reports for the Parcel showing
comparable and approach data, maps, discussion of present use and
highest and best use as well as photographs and appraised value.
The reports should show the approaches used in determining the ap-
praised value for the Parcel.
(3) The Appraiser will provide said appraisals within 30 days after
the City has furnished all necessary data on the project.
(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 the.
Property and Land Acquisition Division, 1801 N. Chaparral, Corpus
-1-
Christi, Texas 78401, upon completion.
(6) The Appraiser agrees that he will make a personal inspection of the
Parcel to be appraised and discuss with the owner or owners where
possible in order to get his (her) (their) assistance in providing in-
formation 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 advance 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 appraisal services, whether contained with-
in the appraisal report to the City or not, is to be treated as con-
fidential 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 ac-
quired (such as easements, leaseholds, tenant -owned improvements, life
estates, and water, gas, oil or mineral rights), the appraisal shall
include an apportionment of the total just compensation to each
separately held interest to be acquired.
(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.
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.
(12) 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 prospec-
tive, in any property described in this agreement hereof 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 submission of impartial re-
ports, 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 ex-
cluded 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, per-
form services in connection with said property, or testify voluntari-
ly 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 title reports and legal descriptions of the
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,
the City agrees to pay the Appraiser upon completion of his (her)
assignment and submission of three (3) copies of the Appraisal Report
bound separately for the Parcel, the sum of ( $795.00 )
SEVEN HUNDRED NINETY FIVE DOLLARS AND NO CENTS
for the total assignment.
-3-
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 Parcel which the City desires to delete. In either case
the City agrees to pay the Appraiser only for the work where completed
appraisal has been submitted at the time of termination.
E. Assignability:
The Appraiser shall not assign, transfer or delegate any of his obli-
gations or duties of this contract to any other person without prior
written consent of the City except for routine duties delegated to
personnel of the Appraiser's staff.
F. Appraisal Proposal Letter:
The appraisal proposal letter and all it's conditions is attached here-
to and made a part of this contract.
EXECUTED IN TRIPLICATE, each of which shall be considered an original, this
day of , 19 •
ATTEST: THE CITY OF CORPUS CHRISSTI
$Y�
City Secretary R. Marvin Townsend
City Manager
Approved as to legal form this
day of , 19_.
City Attorney
Real Estate Appraiser
Director of Finance
'nty Project
McKINZIE ROAD -I.H. 37 OFF RAMP ACQUISITION PROJECT
PARCEL N0. 8B
Control 74 -6 -74 I 37- 1(8)010
Being 2.788 acres of land, more or less, out of and a part of that certain 15.05
acre tract of land being in Corpus Christi, Nueces.County, Texas, said 15.05 acre
tract being the same land described in a Partition Deed dated December 21, 1972,
recorded in Volume 1450, Page 514, Deed Records of Nueces County, Texas, said
2.788 acre parcel of land being more particularly described by metes and bounds
as follows:
Commencing at a point in the existing North right of way line of Interstate High-
way 37, said point being S. 08° 52' 08" W., 409.11 feet along West boundary line of
Parcel 7 from a one -half inch iron rod set for a corner by the County Surveyor,
October 1961;_Parcel 7 being further described for Marie Fancher_Gale,_ et vir in
Volume 1045, Page 281, Deed Records of Nueces County, Texas;
Thence N. 65° 10' 02" W., 326.95 feet along North right of way line to a point;
Thence N. 66° 26' 14" W., 563.65 feet along said North right of way line to a
point, said point being 150.0 feet right of Engineer's Baseline Station 574+49.47;
Thence N. 69° 11' 05" W., 260.0 feet along said North right of way line to a point,
said point also point of beginning of tract herein conveyed;
Thence N. 69° 11' 05" W., 1,290.53 feet along said North right of way line to a
point, said point being 150.0 feet right of Engineer's Baseline Station 590+00;
Thence N. 66° 19' 19" W., 157.12 feet along said North right of way line to a
point, also said point being Southwest corner of this tract;
Thence N. 26° 26' 54" E., 62.27 feet along West boundary line of this tract to a
point, also said point being Northwest corner of this tract;
Thence S. 79° 49' 32" E., 223.09 feet along Northwesterly boundary line of this
tract to a point;
Thence S. 69° 11' 05" E., 677.19 feet along North boundary line of this tract to
a point, also said point being Northeast corner of this tract;
Thence S. 55° 12' 54.21" E., 287.64 feet along East boundary line of this tract
to a point;
Thence S. 60° 17' 48.23" E., 269.00 feet along East boundary line of this tract to
a point, said point being point of beginning, containing an area of 2.788 acres
•,r lr1,1. mrn•e nr 10^s.
Sidney H. Smith III
Real Estate
Appraisers & Consultants
June 14, 1978
Mr. R. Marvin Townsend City Manager
and
Mr. Kenneth Kohrs, Manager of Property
& Land Acquisition •
City of Corpus Christi
1801 North Chaparral
Corpus Christi, Texas 78401
Re: Proposed McKenzie Road Off -Ramp Acquisition (Parcel 8 -B)
Gentlemen:
At your request I am pleased to submit to you my proposal for appraising the above
referenced property.
My appraisal report 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 this report, I understand, will be thirty days
from the official date of assignment.
The City shall receive three complete signed copies of the 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.
Therefore, niy fee for court work is $240.00 per day including preparation time.
It is understood that this parcel is a fee taking.
This proposal was developed as recorded on the attachments following this narrative.
The BASIS FOR FEE exhibit shows the estimate of time required for the appraisal.
Special considerations included a loss of access to the frontage road on a portion
of the subject property.
It is my pleasure, Mr. Townsend and Mr. Kohrs, to submit this proposal to you and
to the City of Corpus Christi. I genuinely appreciate your courtesy and considera-
tion and the opportunity to be of service to our City.
Very truly yours,
&an 111
Sidney H. mith III
Senior Real Property Appraiser
SHS /ls
attachments
FEE PROPOSAL: $795.00
P.O. BOX 6274 512/853-5137
CORPUS CHRISTI, TEXAS 78411
r
Prepared Be
Approved By
Ae,l ad. @ 7:EI-37 (�rcess mrnp ) Fa( s -
cz.o
0
a
Ci-
S1S
CX7
l
Q6 -faa! _4 eg
fo4{ 11e._ Seders e
u3np fans 4 Cd4
�1l-S.
.no 0 �n o 1s
Namile - 1 i/
e les - -- l— - --
S ,
dta.4 t
Pipttutet
E.
795.'—
114 _70_978
tr-
Ij
It
IP
4
1
1
0
I!
4
El
4-
t`
■
rT
�H
1
1
s1ff
1
1
1
pie I
_1
tj
1
1
1
1
1
1
±1
9
10
11
12
13
14
15
16
15
Ifl I8
q 19
20
21
22
23
24
25
I25
21
29
29
1
32
r
33
34
35
3E
35
31
39
u
,1
41
13
41
4!
4E
41
41
45
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
June 16, 1978
I certify to the City Council that $ 795.00 , the amount required
, for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
Fund No. and Name 220 Street Bond Fund
Project No. 220 -72 -52
Project Name McKinzie Road -TH 47 Off Ramo Acauisition
Project
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose. •
\( FIN 2 -55
Revised 7/31/69
Corpus Christi, Tex
2/ day of
, 1978
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,
R
THE dITY OF
S CHRISTI, TEXAS
The Charter Rule was suspended by the following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
'Ruth Gill .
Joe Holt 0!._,
Tony Juarez, Jr.
Edward L. Sample 1 // .
The above ordinance -was passed by he following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
14361