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HomeMy WebLinkAbout13116 ORD - 03/31/19760 • e:oc:3/31/76 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE REAL ESTATE APPRAISAL CONTRACTS WITH THOMAS F. DORSEY AND RODDY L. RIPPLE FOR APPRAISAL OF TWO PARCELS OF LAND TO BE ACQUIRED FOR THE AIRLINE -PADRE ISLAND DRIVE TO WILLIAMS DRIVE STREET IMPROVEMENT PROJECT, AS MORE FULLY SET FORTH IN THE CONTRACTS, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARRED EXHIBITS "A" AND "B "; APPROPRIATING OUT OF NO. 220 STREET IMPROVEMENT BOND FUND, PROJECT NO. 220 -72 -8, $2,900 FOR SAID 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 Real Estate Appraisal Contracts with Thomas F. Dorsey and Roddy L. Ripple for appraisal of two parcels of land to be acquired for the Airline -Padre Island Drive to Williams Drive Street Improvement Project, all as is more fully set out in said contracts, copies of which are attached hereto, marked Exhibits "A" and "B ", and made a part hereof for all pertinent purposes. SECTION 2. That there is hereby appropriated out of 220 Street Improvement Bond Fund, Project No. 220 -72 -8, $2,900 for said services. SECTION 3. The necessity to authorize the execution of the aforementioned contracts and to appropriate the necessary funds for same so that this project may proceed 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 take effect and be in full force 13116 and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the glS7 day of March, 1976. ATTEST: City Secretary APP D: DAY OF MARCH, 1976: J. BRUCE AYCOCK, City Attorney By I�r Assistant City Att Prney MAYO THE CITY OF CORPUS alSTI, TEXAS • REAL ESTATE APPRAISAL CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This agreement is authorized by Ordinance No. dated 19 , and is entered into between the City of Corpus Christi, Texas ( "Party of the First Part ") hereinafter called City, and Thomas F. Dorsey ( "Party of the Second Part ") being referred to as "Appraiser ", and pertains to the preparation of Real Estate Appraisals of 2 Parcels subject to possible Eminent Domain action, said properties are to be acquired by the City in connec- tion with the Airline Road Street Improvement Project Legal descriptions of the Parcels are attached. NOW THEREFORE, the City and the Appraiser agree as follows: A. The Appraiser will provide the following: (1) Prepare appraisal reports for 2 Parcels as per attached legal descriptions. (2) Submit three (3) bound copies of reports for each 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 each 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 Right - of -Way Division and sha]1 submit all reports to the Right -of- Way Division, 1801 N. Chaparral, Corpus Christi, Texas 78401, -1- • • 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 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 testimo33y and appear in Court to testify, in support of his appraisal, for a fee of $200.00 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. (32) 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- • CJ 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 title reports and legal descriptions of each parcel. (2) Furnish 4 copies of _drawings of each parcel to be taken and 4 copies of a map embracing the project area. (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 for each parcel, the a= of ( $1,400.00 ) ..........ONE THOUSAND FOLM HUNDRED DOLLARS AND NO CENTS.......... for the total assignment. -3- • • D. Termination: The City reserves the right to terminate thie 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 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. EXECUTED IN DUPLICATE each of which shall be considered an original this the day of , 19 ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Approved as to legal form this day of �& " / , 19,2 . R. Marvin Townsend City Manager City of Corpus Christi, Texas ,�A&4 b(AW- City Atto ey ° Real Estate Appraiser f -4- A-rrir.M ROAD STREET II4FROVEMENTS PROJECT Owner: Texas Star Distributing Co. PARCEL NO. 1 Being an irregularly shaped tract of ]and cat of Lot A. Bayder Addition as shown by map of record in Volume 26, Page 53, Map Records, Naeces County, Texas, and mace particularly described by metes and bounds as follows: Beg nines at a point on the East Right -of -Way line of Airline Road, said point being the Southwest corner of said Lot A. Bayder Addition, for the Southwest and beginning corner of the tract of land herein described; Thence N. 20 28' 40" E. along the East Right-of-Way line of said Airline Road a distance of 51.49 Feet to a point for the P. C. of a curve; Thence to the right along the are of a circular curve whose central angle is 3.160 31' 20 ", radius 20.0 feet, tangent 32.33 feet, a distance of 40.67 feet to a point on the Southwest Right -of -Way line of South Padre Island Drive; Thence S. 610 00' E. along the Southwest Right-of-Way line of said South Padre Island Drive a distanceof 7.82 feet to a point for the P.C. of a curve; Thence in a Northwesterly direction along the are of a circular curve to the left whose central angle is 1160 31' 20 ", radius 20.0 feet, tangent 32.33 feet, a distance of 40.67 feet to a point of tengency; Thence S. 20 28, 40" W. along a line that is 7.0 feet East of and parallel to the East Right-of-Way line of said Airline Road a distance of 51.49 feet to a point in the southwest boundry line of said Lot As Bayder Addition; Thence N. 62 00' W. along the Southwest boundary line of said Lot As a distance of 7.82 feet to the place of beginning and containinc 586.83 square feet, more or less. AIRLM ROAD STREET IMPROVEMENTS PROJECT Owner: Corpus Christi Independent School District PARCEL NO. 2 Being an irregularly shaped tract of ]and out of Lots 31 and 32, Section 23, Flour Bluff and Encinal Farm and Garden Tracts as shown by map of record in volume A, Pages 41, 42 and 43, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginnno at a point which bears S. 610 001 E. a distance of 23.54 feet, thence N. 290 00' E. a distance of 20.0 feet from the Southwest corner of said Lot 31, said point being the intersection of the Northeast Right-of-Way line of Williams Drive and the East Right-of-Way line of Airline Road for the southwest and beginning corner of the tract of land herein described: Thence N. 20 28, 40" E. along the East Right-of-Way line of said Airline Road a distance of 3151.40 feet to a point for the most Nprther]y corner of this tract; Thence S. 62 00, E, pass the Southwest corner of Lot A, Bayder Addition as shown by map of record in Volume 26, Page 53, Map Records, Nueces County, Texas, at 11.18 feet, in all a distance of 19.0 feet to a point on the South- west boundary line of said Lot A; Thence S. 20 28, 4o" W. along a 'in F± that is 17.0 feet East of and parallel to the East Right-of-Way line of said Williams Drive a distance of 198.51 feet to a point; Thence S. 60 28' 55" W. a distance of 100.24 feet to a point; Thence S. 20 28, 40" W. along a line that is 10.0 feet East of and parallel to the East Right-of-Way line of said Airline Road a distance of 83$.21 feet to a point for the P.C. of a curve; Thence to the left along the are of a circular curve whose central angle is 630 28, 40", radius 10.0 feet, tangent 6.19 feet, a distance of 11.08 feet to a point which is the P. T. of said 'curve; Thence S.- 610 00' E. a distance of 60.0 feet to a point; Thence S. 290 001 W. a distance of 10.0 feet to a point on the Northeast Right - of -Way line of said Williams Drive; Thence N. 610 00' W. the Northeast Right-of-Way line of said Williams Drive a distance of 72.37 feet to the place of beginning and containing 33,911.40 square feet or 0.319 acres, more or less. REAL ESTIM APMISAL CONTRACT THE STATE OF TEXAS COUN7.7 OF NUECES This agreement is authorized by Ordinance No. dated 19 , and is entered into between the City of Corpus Christi, Texas ( "Party of the First Past ") hereinafter called City, and Roddy L. Ripple ( "Party of the Second Part ") being referred to as "Appraiser ", and pertains to the preparation of Real Estate Appraisals of 2 Parcels subject to possible Eminent Domain action, said properties are to be acquired by the City in connec- tion with the Airline Road Street Improvement Project Legal descriptions of the Parcels are attached. NOW THEREFORE, the City and the Appraiser agree as follows: A. The Appraiser will provide the following: (1) Prepare appraisal reports for 2 Parcels as per attached legal descriptions. (2) Submit three (3) bound copies of reports for each 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 each parcel. (3) The Appraiser will provide said appraisals within 60 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 Right - of -Way Division and she-11 submit all reports to the Right -of- Way Division, 1801 N. Chaparral, Corpus Christi, Texas 78401, -1- 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 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 - fidehtial 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 $200.00 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. (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 gaalifications. (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 title reports and legal descriptions of each parcel. (2) Furnish 4 copies of drawings of each parcel to be taken and 4 copies of a map embracing the project area. (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 for each parcel, the a= of ( $1,500.0 ) ..........ONE THOUSAPID FIVE HUNDRED DOIJ.M 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 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 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. E%EC= IN DUFLICMM each of which shall be considered an original this the day of , 19_. ATTEST: THE CITY CF CORHTS CBMTI City Secretary 9/ Approved as to legal form this day oY 19�/• dmhp- City A torney Hy: R. Marvin Townsend City Manager City of Corpus Christi, Texas erReal Esta a Appraiser AIRLINE ROAD STREET IMOVEMEN9SS PROJECT Owner: Texas Star Distributing Co. BARCEL NO. 1 Being . an irregularly shaped tract of ]and out of Lot A, Bayder Addition as shown by map of record in Volume 26, Page 53, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginnnn at a point on the East Right-of-Way line of Airline Road, said point being the Southwest corner of said Lot A. Bayder Addition, for the Southwest and beginning corner of the tract of 'sand herein described; Thence N. 20 28' 4o" E. along the East Right-of-Way line of said Airline Road a distance of 51.49 Feet to a point for the P. C. of a curve; Thence to the right along the arc of a circular curve whose central angle is n6o 31' 20 ", radius 20.0 feet, tangent 32.33 feet, a distance of 40.67 feet to a point on the Southwest Right-of-Way line of South Padre Island Drive; Thence S. 610 00' E. along the Southwest Right-of-Way line of said South Padre Island Drive a distanceof 7.82 feet to a point for the P.C. of a curve; Thence in a Northwesterly direction along the are of a circular carve to the left whose central angle is 1160 31' 20 ", radius 20.0 feet, tangent 32.33 feet, a distance of 40.67 feet to a point of tengency; Thence S. 20 28' 40" W. along a in that is 7.0 feet East of and parallel to the East Right-of-Way line of said Airline Road a distance of 51.49 feet to a point in the southwest bouadry line of said Lot A. Bayder Addition; Thence N. 610 00' W. a -1nv the Southwest boundary line of said Lot A, a distance of 7.82 feet to the place of beginning and containing 586.83 square feet, more or less. AIRLIM RAID STREET DMOVEMM PROJECT Owner:. Corpus Christi Independent School District MCEL NO. 2 Being an irregularly shaped tract of land out of Dots 11 and 12, Section 13, Flour Bluff and Encinal Farm and Garden Tracts as shown by map of record in volume A, Pages 41, 42 and 43, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point which bears S. 610 00' E. a distance of 23.54 feet, thence N. 290 001 E. a distance of 20.0 feet from the Southwest corner of said Lot 11, said point being the intersection of the Northeast Right -of Way line of WilliMMs Drive and the East Right-of-Way line of Airline Road for the southwest and beginning corner of the tract of lead herein described: Thence N. 20 28- 40" E. along the East Right -of Way line of said Airline Road a distance of 1151.40 feet to a point for the most Northerly corner of this tract; Thence S. 62 00- E, pass the Southwest corner of Lot A, Bayder Addition as shown by map of record in volimme 26, Page 53, Map Records, Nueces County, Texas, at 11.18 feet, in all a distance of 19.0 feet to a point on the South- west boundary line of said Lot A; Thence s. 20 28- 40" W. along a line that is 17.0 feet East of and parallel to the East Right-of-Way line of said Williams Drive a distance of 198.51 feet to a point; Thence S. 60 281 55" W. a distance of 100.24 feet to a point; Thence S. 20 28- 40" W. along a line that is 10.0 feet East of and parallel to the East Right-of-Way line of said Airline Road a distance of 838.21 feet to a point for the P.C. of a curve; Thence to the left along the are of a circular curve whose central angle is 630 28- 4o ", radius 10.0 feet, tangent 6.19 feet, a distance of 11.08 feet to a point which is the P. T. of said 'carve; Thence S. 610 001 E. a distance of 60.0 feet to a point; Thence S. 290 001 W. a distance of 10.0 feet to a point on the Northeast Right - of -Way line of said Williams Drive; Thence N. 610 001 W. along the Northeast Right-of-Way line of said Williams Drive a distance of 72.37 feet to the place of beginning and containing 23,911.40 square feet or 0.319 acres, more ar less. r CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) march 24, 1976 I certify to the City Council that $ 2,900• , 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: Fluid No. and Name 220 Street Bond Fund Project No. 220 -72 -8 Project Name Airline -Padre Island Drive to Williams Drive from which it is proposed to be drawn, and such money is not appropriated for any other purpose. p Ca t d A�'e Zx4W- or of Fiphnce FIN 2 -55 Revised 7/31/69 bDQ� 0 CORPUS CHRISTI, TEXAS a s DAY OF �9 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 SUSPEN- SION 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 ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL Boo GULLET z1,4 '4_1 GABE LOZANO, SR. EDWARD L. SAMPLE