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Home My WebLink About14481 ORD - 08/30/1978TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JOHN A. ERICKSON FOR APPRAISAL SERVICES OF 2 PARCELS (1 UTILITY EASEMENT AND 1 FEE SIMPLE ACQUISITION AND CONSTRUCTION EASEMENT) IN CONNECTION WITH THE OSO WASTE- WATER TREATMENT 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 $715 FOR SAID SERVICES OUT OF THE NO. 250 SANITARY SEWER BOND FUND, PROJECT 250 -61 -25.5; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute an agreement with John A. Erickson for appraisal services of 2 parcels (1 utility easement and 1 fee simple acquisition and construction easement) in connection with the Oso Wastewater Treatment 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 ". SECTION 2. That there is hereby appropriated the sum of $715 out of the No. 250 Sanitary Sewer Bond Fund, in connection with the aforesaid project, No. 250 -61 -25.5. SECTION 3. The necessity for authorizing execution of the afore- said agreement and appropriation of sums necessary to compensate the appraiser for his services, as more fully set forth hereinabove, in connection with acquisition of 2 parcels in connection with the Oso Wastewater Treatment Improvement Project 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 a0 day of August, 1978. ATTEST: JUL 0 81980 e 4� City -Secretary MAYOR TEXAS APPROVED. THE CITY OF CDR CHRISTI, d DAY OF AUGUST, 1978: J. BRUCE AYCOCK, CITY ATTORNEY BY: Assistant C vtorney REAL ESTATE APPRAISAL CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This agreement is entered into between the City of Corpus Christi, Texas ( "Pasty of the First Part ") hereinafter called City, and John A. Erickson ( "Party of the Second Part ") being referred to as "Appraiser ", and pertains to the preparation of real estate appraisals of 2 parcels (1 utility easement and 1 fee simple acquisition and construction easement) subject to possible Eminent Domain action, said properties are to be acquired by the City in connection with the Oso Wastewater Treatment Improvement Project. NOW THEREFORE, the City and the Appraiser agrees as follows: A. The appraiser will provide the following: (1) Prepare appraisal reports for 2 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 these 2 parcels to be incorporated into the package of 11 parcels previously assigned. One part of the report will include all the general information relating to the area and city, defini- tions, trends, comparable sales, etc. The other part will exclude the general information and focus attention on highest and best use, approaches to value, photographs and value of each of the parcels assigned. 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 the 60 -90 days time frame of the prior assignment for this 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 -1- ini and Land Acquisition Division and shall submit all reports to the Property and Land Acquisition Division, 1801 N. 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 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 other ise, to acccmpany 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 1250.00 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 ageints, 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_ (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 prospective, in any property described in this agreement hereof or in the sale thereof, or any other interest, whether or not in con- nection with said property, which would conflict in any manner or degree with the performance of the services and submission of im- partial reports, and has not employed and will not employ, in con- nection 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 the legal descriptions of each parcel., (2) Furnish 4 copies of drawings of each parcel to be taken. (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 assign- ment and submission of three (3) copies of the Appraisal Report bound separately, the sum of ( 715.00 ) SEVEN HUNDRED FIMEN DOISARS AND NO CENTS - - - - - - - - - - - for the two parcels. -J- D. Termination; The City rr;;erves th_ 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 :_reel to ray the Appraiser only for the work -here comoleted appraisals have 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 is attached hereto and made a part of this contract. EKECUTED IN DUPLICA!k. each of which shall be considered an original this the day of , 19 ATTEST: ity Secretary TIT, CITY OF CORPUS C[iRISTI BY: R. Marvin Townsend City Manager Approved to legal form this day of l at 197 Wity Attorney Real Es,.ate Appraiser ec�or of Fi ce /r :s JOHN A. ERICKSON a 217 BAYSIDE DRIVE, CORPUS CHRISTI, TEXAS 78411 AREA CODE 512 852 -B710 sRA MEMBER August 21 , 1978 SENIOR RESIDENTIAL APPRAISER CORPUS CHRISTI REAL ESTATE BOARD SOCIETY OF REAL ESTATE APPRAISERS Right of Way Division City of Corpus Christi 1801 North Chaparral Corpus Christi, Texas 78401 Attention: Mr. Ken Kohrs Reference: Oso Waste Water Treatment Improvements consisting of two additional parcels of land. Gentlemen: In accordance with your request, I am submitting my schedule of fees to appraise said referenced project. It is my understanding that you wish each parcel to be accompanied by a separate fee. I am presenting the same as follows: Parcel #12 $565 Parcel #13 $150 If said schedule is approved, I will be happy to enjoin into a contract with the City for the performance of this work, relating a time element of no more than 90 days. Sincerely, John A. Erickson SRA, CRA JAE /ls Zz 6/,o78 OSO WASTEWATER TREATMENT IMPROVEMENTS Parcel J2 Metes and Bounds Fieldnotes for a 50.00 foot by 50.00 foot tract of land out of that certain 64.974 acre tract of land out of Lot 1, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A. Pages 41, 42, 43, Map Records, Nueces County, Texas; said 64.974 acre tract recorded in Volume 875, Page 388, Deed Records of Nueces County, Texas; Beginning at a point on the Southeast right -of -way line of South Staples Street for the North corner of this tract from which corner — the North corner of said Lot 1, Section 11, same being the North corner if said 64.974 acre tract bears N. 600 58' 00" W., 40.00 feet to a point on the existing centerline of said South Staples Street and with said centerline, N. 280 57' 00" E., 259.00 feet; Thence S. 600 58, 00" E., 50.00 feet for the East corner of this tract; Thence S. 280 57' 00" W., 50.00 feet for the South corner of this tract; Thence N. 600 58' 00" W., 50.00 feet to a point on said Southeast right -o£ -way line of South Staples Street for the West corner of this tract; Thence N. 280 57' 00" E., along the Southeast right -of -way line of South Staples Street, parallel with the existing centerline thereof and 40.00 feet distant therefrom, measured at right angles thereto, 50.00 feet to the POINT OF BEGINNING and containing 2,500.00 square feet, more or less. 978 OS0 WASTEWATER TREATMENT IMPROVEMENTS Parcel 12 CONSTRUCTION EASEMENT Metes and Bounds Fieldnotes for a construction easement out of that certain 64.974 acre tract of land out of Lot 1, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41, 42, 43, Map Records, Nueces County, Texas; said 64.974 acre tract recorded in Volume 875, Page 388, Deed Records of Nueces County, Texas; Beginning at a point on the Southeast right -of -way line of South Staples Street for the North corner of this easement from which corner the North corner of said Lot 1, Section 11, same being the North corner of said 64.974 acre tract bears N. 6o0 58' 00" W., 40.00 feet to a point on the existing centerline of said South Staples Street and with said centerline, N. 280 57' 00" E., 234.00 feet; Thence S. 600 58' 00" E., 100.00 feet for the East corner of this easement; Thence S. 280 57' 00" W., 100.00 feet for the South corner of this easement; Thence N. 600 58' 00" W., 100.00 feet to a point on said Southeast right -of -way line of South Staples Street for the West corner of this easement; Thence N. 280 57' 00" E., along the Southeast right -of -way line of South Staples Street, parallel with the existing centerline thereof and 40.00 feet distance there- from, measured at right angles thereto, 25.00 feet for a corner of this easement; Thence leaving said right -of -way, S. 600 58' 00' E., 50.00 f6et for an inside corner of this easement; Thence N. 280 57' 00" E., 50.00 feet for an inside corner of this easement; Thence N. 600 58' 00" W., 50.00 feet to a point on said Southeast right -of -way line of South Staples Street for a corner of this easement; Thence N. 280 57' 00" E., along said Southeast right -of -way line of South Staples Street, parallel with the existing centerline thereof and 40.00 feet distance there- from, measured at right angles thereto, 25.00 feet to the POINT OF BEGINNING, con- taining 7,500.00 square feet of land, more or less. 080 WASTEWATER TREATMENT IMPROVEMENTS Parcel 13 Metes and Bounds Fieldnotes for a 7.0 foot wide utility easement out of Lot 1, Section 11 Tract D. Country Club Estates, a map of which is recorded in Volume 33, Page 87, Map Records, Nueces County, Texas: Beginning at the point of intersection of the Northeast right -of -way line Saratoga Boulevard and the Southeast right -of -way line of Everhart Road for the West corner of said Lot 1 and the West corner of this easement; Thence N. 290 O1' 45" E., along the Southeast right -of -way line of Everhart Road, 7.80 feet for the North corner of this easement; Thence B. 340 49' 18" E., 217.89 feet to a point on said Northeast right -of -way line of Saratoga Boulevard for the South corner of this easement from which corner the South corner of said Lot 1 bears S. 610 29* 30" E., 246.43 feet; Thence N. 610 �9` 30" W., with said Northeast right -of -way line of Saratoga Boulevard, 15.60 feet for a corner of said Lot 1 and a corner of this easement; Thence N. 340 49' 18" W., with the continuation of said right -of -way line of Saratoga Boulevard, 200.51 feet to the POINT OF BEGINNING. Containing 1463.46 square feet or 0.034 acres, more or less. - ' '478 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) August 21, 197$ I certify to the City Council that $ 715.00 , 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 250 Sanitary Sewer Bond Fund Project No. 250 -61 -25.5 Project Name Oso Sewer Plant; Land Acquisition from which it is proposed to be drawn, and such money is not appropriated for any other purpose. P�'l FIN 2 -55 Revised 7/31/69 it ctor of Finance Corpus Christi, Texa 30 —day of 197 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, THE C The Charter rule was suspended by fi 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 i5S911111 CHRISTI, TEXAS following vote: e: 14481-