The URL can be used to link to this page

Home My WebLink About15356 ORD - 02/13/198011111 vp:2/12/80:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPRAISAL AGREEMENT WITH RICHARD CLOWER FOR REAL ESTATE APPRAISAL SERVICES FOR THE ACQUISITION OF A PARCEL OF LAND FOR THE McARDLE ROAD STREET IMPROVEMENTS 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 NO. 220 STREET BOND FUND, PROJECT NO. 220-72-3, THE SUM OF $1,175 FOR SAID 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 authorized to execute an appraisal agreement with Richard Clower for real estate appraisal services for the acquisi- tion of a parcel of land for the McArdle Road Street Improvements 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. That there is hereby appropriated out of the No. 220 Street Bond Fund, Project No. 220-72-3, the sum of $1,175 for said services. SECTION 3. The necessity to authorize the execution of the aforesaid appraisal agreement with Richard Clower at the earliest possible 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 of the City Council, and the Mayor having declared that such emergency and necessity 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 ‘'.5 day of February, 1980. ATTEST: �0( C y Secretary MA APPROVED: 11- DAY OF FEBRUARY, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City t v 15356 THE CITY OF CORPUS CHRISTI, TEXAS 00' 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 calmd City, and Richard Clower ("Party of the Second Part") 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 McArdle Road Street Tmprovements.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. {) 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. Ckiaparral, 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 bis (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. $350.00 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 gvnlTfications. (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 a.Py 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 bas 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 acguired 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 fallowing to the Appraiser: (1) Furnish 4 copies of title reports and legal descriptions of the Parcel. (2) Furnish 4 copies of drawings of the 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 (her) assignment and submission of three (3) copies of the Appraisal Report bound separately for the Parcel, the sum of 4875.00 (plus actual cost not to exceed 000.00 for professional assistance in estimating cost associated with relocation of underground gasoline storage tanks, if necessary.) for the total assignment. -3- • D. Termination: The City reserves the right to terminate this contract with cause at anytime. Terminaation 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 raatine 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, day of ATTEST: , 19 THE CITY OF CORPUS CHRISTI $9: City Secretary R. Marvin. Townsend City Manager Approved as to legal form this day of F 196o. Finance ALK Real Estate Appraiser T. RICHARD CLOWER 510 CORDON STREET CORPUS CHRISTI, TEXAS 78404 January 30, 1980 Mr. Kenneth T...Kohrs, Manager Property and Land Acquisition City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78404 Dear Mr. Kohrs: This letter is in answer to your request that I consider an appraisal . assignment from the City of Corpus Christi to estimate the market value of the portion to be acquired plus damages to the remainder (if any) of Parcel Number 5 (Texaco, Inc., owner), McArdle Road Street Improvements. If it is the decision of the City to employ me, my fee will be $875.00 to complete the report within 30 days following receipt of the assignment. Also, if a contractor's special consultation is required, that fee will be over and above my $875.00 fee (actual special consultation fee not to exceed $300.00). I have estimated my fee as follows: Research, inspection, report pre— paration (two and one half days) equals $750.00; report typing, copying, and assemblage equals $125.00; total equals $875.00. In the event that court testimony is required, my fee is $350.00 per day plus $50.00 per hour for trial preparation. Thank you for contacting me concerning this matter. S cerely, T. Richard Clower, S.R.A. Real Estate Appraiser MCARDLE ROAD STREET IMPROVEMENTS -Holmes to Crescent Parcel 5 Metes and Bounds Being an irregularly shaped tract of land out of Block A, Wilkey Addi- tion, as shown by map of record in Volume 23, Page 73, Map Records, Nueces County, Texas and more particularly described by metes and bounds as follows: Beginning at a point on the southwest right-of-way line of 60.0 foot wide McArdle Road, said point being the north corner of abovemen- tioned Block A, for the beginning point of the tract of lend herein described; Thence S. 61° 01' 20" E., along the southwest right-of-way line of said McArdle Road, a distance of 168.83 feet to the P.C. of a cir- cular curve to the right; Thence along the arc of said curve whose central angle is 63°20' 14", radius 10.0 feet, tangent 6.17 feet, a distance of 11.05 feet to the point of tangency being on the westerly right-of-way line of Airline. Road; Thence S. 2° 18' 54"W., along the westerly right-of-way line of said Airline Road, a distance of 13.43 feet to the P.C. of a circular curve in a northwesterly direction; Thence along the arc of said curve whose central angle.is 63°20' 14", radius 10.0 feet, tangent 6.17 feet, a distance of 11.05 feet to. the point of tangency; Thence N. 61°01' 20" W., along a line that is 12.0 feet south of and parallel to the southwest right-of-way line of McArdle Road, a dis- tance of 168.83 feet to a point on the westerly boundary line of abovementioned Block A; Thence N. 2°18' 54" E., along the westerly boundary line of said Block A, a distance of 13.43 feet to the place of beginning and containing 0.048 acres, more or less. CITY OF CORPUS CH iISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 1, 1980 I certify to the City Council that $ 1,175.00 , 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 Project No. Project Name McArdle Road -Airline to Mt. Vernon Park 220 Street Bond Fund 220-72-3 from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • McArdle Road Street Impr. Parcel 5 "appraisal services" ik A0 FIN 2-55 Revised 7/31/69 19PD • Corpus Christi,Texas day of a , 1920 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 CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was pass by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 1535G