Loading...
HomeMy WebLinkAbout15174 ORD - 10/17/1979vp:10/16/79:1st TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THOMAS F. DORSEY FOR APPRAISAL SERVICES FOR THE ACQUISITION OF 8 PARCELS IN CONNECTION WITH THE S.H. 358 (PADRE ISLAND DRIVE) - GREENWOOD, BUSH AND LINDA VISTA INTERSECTIONS LAND ACQUISITION 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 OUT OF THE NO. 220 STREET BOND FUND, PROJECT NO. 220-77-22, $2,800.00 FOR SAID SERVICES; AND DECLARING AN EMER- GENCY. 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 Thomas F. Dorsey for appraisal services for the acquisition of 8 parcels in connection with the S. H. 358 (Padre Island Drive) - Greenwood, Bush and Linda Vista Intersections Land Acquisition Project, all r 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 $2,800.00 out of the No. 220 Street Bond Fund, Project No. 220-77-22 for appraisal services in connection with S.H. 358 as set out above. SECTION 3. The necessity to authorize the aforesaid agreement and to appropriate the sums necessary to effect the agreement at the earliest practicable date 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 oftheCity Council, and the Mayor having declared that such emergency and necessity,exist, 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 /1 day of October, 1979. ATTEST: f4 v7 ' City'Secretarry APPROVED: 4p DAY OF OCTOBER, 1979: J. BRUCE AYCOCK, CITY ATTORNEY MA //1, or THE TY OF CORPUS CHRISTI, TEXAS MICROFILMED AUG 2 81980 REAL MTATE APPRAISAL CONTRACT THE STATE OF TEXAS COUNTY OF NUECFS This agreement is entered into between the City of Corpus Christi, Texas ("Party of the First Part") hereinafter called City, and Thomas F. Dorsey ("tarty of the Second Part") being referred to as "Appraiser", and pertains to the preparation of Real Estate Appraisals of 8 parcels subject to possible Rninent Domain action, said properties are to be acquired by the City in con- nection with the (S.H. 358) Padre Island Drive -Greenwood, Bush and Linda Vista Intersections Land Acquisition Project. NOW THEREFORE, the_City and the Appraiser agrees as follows: A. The Appraiser will provide the following: (1) Prepare appraisal reports for 8 parcels as per attached legal descriptions. The City reserves the right to amend the legal des- criptions of the parcels if necessary. (2) Submit one appraisal package consisting of three (3) bound copies covering ,8 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 8 parcels_ The report should show the approaches used in determining the appraised value for each parcel. (3) The P_pnrai ser will provide apnra; sals of said parcels as assigned within 60 days after 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. -1- (5) The Appraiser agrees to coordinate all work with the City Property and Land Acquisition Division and shall submit all reports to Prooerty and Land Acauisition Division, 1801 'forth Chaparral, Corpus Christi, Texas 78401 upon completion. (6) The Appraiser agrees that he will make a personal inscection 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 $300.00 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- (:12) and any other information relating to professional aualificatiors. 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 here- under, any person having any such interest, and until such pro- perty 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 in- terests 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 (2) (3) title opinions and legal des- criptions of each parcel. Furnish 4 copies of drawings of the parcels to be taken. 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 P Tees to pay the Appraiser the sum of TWO THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($ 2,800.00) for the total assign- ment 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. 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. EXECUTED in triplicate, each of which shall be considered an original, this the day of , 19 ATTEST: APPROVED A3 TO DAY OF City Secretary L FORM THIS 7 191. THE CITY OF CORRJS CHRISTI By R. Marvin Townsend, City Manager City of Corpus Christi, Texas ,4 City Atto Director tf Finance (;)br114A-7 (l Real state Appr t ser (s.H. 358) PADRE ISLAND DRIVE -Greenwood, Bush and Linda Vista Intersections Land Acquisition Project Parcel 1 Being an irregularly shaped tract of land out of Lot 1-A, Unit 1, Columbia Park Center as shown by map of record in Volume 31, Page 30, Map Records, Nueces County, Texas, and more particu- larly described by metes and bounds as follows: Beginning at a point on the Southerly right-of-way line of South Padre Island Drive, said point being the P.C. of a cir- cular curve in a Southerly direction and being on the North- erly boundary line of abovementioned Lot 1-A, for the beginn- ing point of the tract of land herein described; Thence along the northeasterly boundary line of said Lot 1-A with the arc of said curve whose central angle is 890 20' 04", radius 10.0 feet, tangent 9.88 feet, a distance of 15.59 feet to the point of tangency on the Westerly right-of-way line of 70 foot wide Greenwood Drive; Thence S. 28° 46' 34"w., along the Westerly right-of-way line of said Greenwood Drive, a distance of 15.0 feet to a point; Thence N. 15° 53' 28" W., a distance of 35.39 feet to a point on the Southerly right-of-way line of said South Padre Is- land Drive; Thence S. 600 33' 30" E., along the Southerly right-of-way line of said South Padre Island Drive, a distance of 15.0 feet to the place of beginning and containing 0.0067 acres or 291.02 square feet of land, more or less. (s.H. 358) PADRE ISLAND DRLVE -Greenwood, Bush and Linda Vista Intersections Land Acquisition Project Parcel 3 Being an irregularly shaped tract of land out of Lot 8, Section 4, Bohemian Colony Lands as shown by map of record in Volume A, Page 48, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point on the centerline of 80 foot wide Greenwood Drive, said point being the North or Northwest corner of abovementioned Lot 8; Thence S. 61° 33' 30" E., a distance of 40.0 feet to the point of in- tersection of the Easterly right-of-way line of said Greenwood Drive and the Northerly right-of-way line of 60 foot wide Trojan Drive; Thence S. 28° 19' 15" W., pass the point of intersection of the East- erly right-of-way line of said Greenwood Drive and the Southerly right-of-way line of said Trojan Drive at 60.0 feet, continue along the Easterly right-of-way line of said Greenwood Drive, in all a distance of 1,169.82 feet to a point for the beginning point of the tract of land herein described; 'Thence S. 20° 35' 27" E., a distance of 37.65 feet to a point on the Northerly right-of-way line of South Padre Island Drive; Thence N. 62° 11' 43" W., along the Northerly right-of-way line of said South Padre Island Drive, a distance of 8.38 feet to a point; Thence N. 35° 31' 4O" W., along the Northerly South Padre Island Drive right-of-way flare -out, a distance of 22.28 feet'to its intersection with the Easterly right-of-way line of said Greenwood Drive; Thence N. 28° 19' 15" E., along the Easterly right-of-way line of said Greenwood Drive, a distance of 15.0 feet to the place of begin- ning and containing 254.70 square feet of land, more or less. (s.H. 358) PADRE ISLAND DRIVE -Greenwood, Bush and Linda Vista Intersections Land Acquisition Project Parcels 4 & 5 Being an irregularly shaped tract of land out of Lot 1, Unit 2 and Lot 3, Unit 3, Greenwood Terrace, as shown by map of record in Volume 37, Page 28, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point on the Westerly right-of-way line of 80 foot wide Greenwood Drive, said point being the Northeast corner of abovemen- tioned Lot 3, Unit 3, for the beginning point of the tract of land herein described; Thence S. 28° 57' 15" W., along the Westerly right-of-way line of said Greenwood Drive, pass the common front corner of said Lot 3, Unit 3 and said Lot 1, Unit 2 at 86.56 feet, in all a distance of 209.59 feet to a point being a corner in the South Padre Island right-of-way flare -out; Thence N. 87° 05' 30" W., along said right-of-way flare -out, a dis- tance of 33.38 feet to a point on the Northerly right-of-way line of said South Padre Island Drive; Thence N. 6o °23' 30" W., along the Northerly right-of-way line of said South Padre Island Drive right-of-way, a distance of 10.0 feet; Thence N. 69° 04' 16" E., a distance of 46.54 feet to a point; Thence N. 28° 57' 15" E., along a line that is 10.0 feet Northwest of and parallel to the Westerly right-of-way line of said Greenwood Drive, pass the common boundary line of abovementioned Lot 1, Unit 2 and Lot 3, Unit 3 at 102.10 feet, in all a distance of 188.46 feet to a point on the Northerly boundary line of said Lot 3, Unit 3; Thence S. 61° 33' 34" E., along the Northerly boundary line of said Lot 3, Unit 3, a distance of 10.0 feet to the place of beginning and containing 0.0587 acres or 2,558.66 square feet of land, more or less. (S.N. 358) PADRE ISLAND DRIVE -Greenwood, Bush and Linda Vista Intersections Land Acquisition Project Parcel 6 Being an irregularly shaped tract of land out of Lot 1, Section 5, Bohemian Colony Lands as shown by map of record in Volume A, Page 48, Map Records, Nueces County, Texas, and more particularly des- cribed by metes and bounds as follows: Beginning at a point on the Westerly right-of- way line of 80.0 foot wide Greenwood Drive, said point being the Northeast corner of Lot 3, Unit 3, Greenwood Terrace as shown by map of record in Volume 37, Page 28, Map Records, Nueces County, Texas, for the beginning point of the tract of land herein described; Thence N. 61° 33' 34" W., along the North boundary line of said Lot 3, Unit 3, a distance of 10.0 feet to a point; Thence N. 28° 57' 15" E., along a line that is 10.0 feet West of and parallel to the Westerly right-of- way line of said Greenwood Drive, a distance of 58.87 feet to an angle point; Thence N. 34° 39' 53" E., a distance of 100.50 feet to a point on the Westerly right-of-way line of said Greenwood Drive; Thence S. 28° 57' 15" W., along the Westerly right- of-way line of said Greenwood Drive, a distance of 158.78 feet to the place of beginning and contain- ing 0.025 acres, more or less. (s.H. 358) PADRE ISLAND DRIVE -Greenwood, Bush and Linda Vista Intersections Land Acquisition Project Parcel 7 Being a triangular shaped tract of land out of Lot 5, Block 1, Colonia Hidalgo Addition as shown by map of record in Volume 10, Page 49, Map Records, Nueces County, Texas, and more particularly des- cribed by metes and bounds as follows: Beginning at the point of intersection of the Southwest right-of-way line of South Padre Island Drive and the East right-of-way line of 50.0 foot wide Bush Avenue, said point being the North corner of abovementioned Lot 5, for the beginning point of the tract of land herein described; Thence S. 56° 13' 50" E., along the Southwest right-of-way line of said South Padre Island Drive, a distance of 30.99 feet to a point being the East corner of this tract; Thence S. 69° 54' 26" W., a distance of 27.43 feet to a point on the East right-of-way line of said Bush Avenue; Thence due North along the East right-of-way line of said Bush Avenue, a distance of 26.65 feet to the place of beginning and containing 343.25 square feet of land, more or less. (S.H. 358) PADRE ISLAND DRIVE -Greenwood, Bush and Linda Vista Intersections Land Acquisition Project Parcel 8 Being a triangular shaped tract of land out of Lot 3, Block 10, Colonia Hidalgo Addition as shown by man of record in Volume 42, Page 23, Map Records, Nueces County, Texas, and more particularly des- cribed by metes and bounds as follows: Beginning at the point of intersection of the Northerly right-of-way line of South Padre Island Drive and the Southerly right -of -tray line of 50.0 foot wide Linda Vista Street, said point being the most Westerly corner of abovementioned Lot 3, for the beginning point of the tract of land herein described; Thence S. 89° 48' 00" E., along the Southerly right -of -Fray line of said Linda Vista Street, a distance of 51.54 feet to a point; Thence S. 15° 08' 50" W., a distance of 30.77 feet to a point on the Northerly right-of-way line of said South Padre Island Drive; Thence N. 55° 31' 00" W., along the Northerly right -of -gray line of said South Padre Island Drive, a distance of 52.78 feet to the place of beginning and containing 766.25 square feet of land_, more or less. (s.H. 358) PADRE ISLAND DRIVE. -Greenwood, Bush and Linda Vista Intersections Land Acquisition Project Parcel 9 Being a triangular shaped tract of land out of Lot 2, Baldwin -Moore Farm Lots as shown by map of record in Volume A, Page 50, Map Re- cords, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at the point of intersection of the centerline of 60.0 foot wide West Point Road and the centerline of 40.0 foot wide Bush Avenue, said point being the Northeast corner of abovementioned Lot 2; Thence due South along the centerline of said Bush Avenue, a dis- tance of 30.0 feet to a point; Thence S. 89° 14' 00" W., a distance of 20.0 feet to the point of intersection of the West right-of-way line of said Bush Avenue and the South right-of-way line of said West Point Road; Thence due South along the West right-of-way line of said Bush Avenue, a distance of 481.45 feet to a point being the beginning point of the tract of land herein described; Thence continue due South along the West right-of-way line of said Bush Avenue, a distance of 43.25 feet to its intersection with the Northeast right-of-way line of South Padre Island Drive; Thence N. 49° 20' 48" W., along the Northeast right-of-way line of said. Padre Island Drive, a distance of 50.07 feet to a point being the most Westerly corner of this tract; Thence N. 74° 22' 14" E., a distance of 39.45 feet to the place of beginning and containing 821.53 square feet of land, more or less. CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October 16, 1979 I certify to the City Council that $ 2,800.00 , 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. 220-77-27 Project Name S.H. 358 (Padre Island Drive)-(;rpend*nnr7 Bush & Linda Vista Intersections Tand Aca isitinn Project •from which it is proposed to be drawn, and such money is not appropriated for r�0 any other purpose. • H FIN 2-55 Revised 7/31/69 194 Director of inanc Corpus Christi, Texas / 7 day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 19%, 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. The Charter rule was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky • Respectfully, MA suspended THE C OF CORPUS CHRISTI, TEXAS by the following vote: pass by the following vote: 1.5174