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HomeMy WebLinkAbout16361 ORD - 07/01/1981sp;6729/81;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPRAISAL AGREEMENT WITH THOMAS F. DORSEY FOR REAL ESTATE AP- PRAISAL SERVICES FOR THE ACQUISITION OF A PARCEL OF LAND FOR THE HORNE ROAD STREET IMPROVEMENTS, PROJECT NO. 220-77-10, AS MORE FULLY SET FORTH IN THE AGREE- MENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING OUT OF THE 220 STREET BOND FUND, THE SUM OF $1,035 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 Thomas F. Dorsey for real estate appraisal services for the acquisition of a parcel of land for the Horne Road Street Improve- ments, Project No. 220-77-10, as more fully set forth in the agreement, a 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 the sum of $1,035 for the aforesaid appraisal services for Project No. 220-77-10. SECTION 3. The necessity to provide the sums hereinabove described at the earliest practicable date in order that the project may proceed without delay creates 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 or Council mem- bers, having declared that such necessity exists, having requested the sus- pension 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 /.Z day of doee, 1981. ATTEST: APPROVED: 5e) DAY OF JUNE, 1981 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci MAYO THE CI'OE CORPUS CHRISTI, TEXAS 16361 ALHAULALUILAA 'SEP 271994 REAL ESTATE APPRAISAL CONTTRACT THE STATE OF TEXAS COUNTY OF NUECES EXHIBIT "A" r. This agreement 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 Appraisal for one (1) Parcel subject to possible Eminent Domain action, said property is to be acquired by the City in connection Horne Road Street Improvements (corner of Barrera St.) with the -Columbia Parkway to Old Brownsville Road (Parcel -1-) 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, 18014N. Chaparral, Corpus -1- LX(( '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 $350 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 "Real Estate Appraisal Contract" Thomas F. Dorsey Horne Road St. I{npr. (corner of Barters St.) -Columbia Parkway to Old Brownsville Rd. -2- Parcel -1- (12) and any other information relating to professional qualifications. 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: (i) Furnish 3 copies of title reports and legal descriptions of the Parcel. (2) Furnish 3 copies of drawings of the Parcel to be taken and 3 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 $785 (plus actual cost not to exceed $250 for employing a local house moving contractor to estimate costs associated with the relocation of a single family frame dwelling within the new property line) for the total assignment. "Real Estate Appraisal Contract" Thomas F. Dorsey Horne Road St. Impr. (corner of Barrera St.) -Columbia Pkway to Old Brownsville Rd. -3- Parcel -1- 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 :.-hich the City desires to delete. T_n either case the City agrees to ay the Aneraiser only for the wark where completed ancraisal has been submitted at the time of to^ -nation. 1 E. Assignability: The Aneraiser shall not assign:., transfer or delegate any of his obli- gations or duties of this contract to any other _erson ;nit out prior written consent of the City except for routine duties delegated to i personnel of the Appraiser's staff. F. Appraisal Proposal Letter: The appraisal proposal letter and all its 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 ' June , 19 81 ATTEST: THE CITY OF CORPUS CHRISTI EY: City Secretary R. Marvin Townsend City Manager Approved as to legal form this 30 day of June , 1981 J. BRUCE AYCOCK, CITY ATTORNEY By As St. City Attorney "Real Estate Appraisal Contract" Thomas F. Dorsey Horne Rd St Impr (corner of Barters St) -Colum6La pkwy to Old Brownsville Rd parcel -1- APPROVED: Assistant City Manager Real Estate Appraisdr THOMAS F. DORSEY, M.A.I., S.R.P.A REAL ESTATE APPRAISER • CONSULTANT P. 0. BOX 3297, CORPUS CHRISTI, TEXAS 78404 • TEL. 15121 882-8044 June 18, 1981 Mr. Ken Kohrs, Director Land Acquisition Department City of Corpus Christi Corpus Christi, Texas Re: Proposal for the appraisal of Lot 1, Block 3, Molina Subdivisions, Corpus Christi, Texas Dear Mr. Kohrs: Please let this letter serve as my proposal to your office in the matter of the appraisal of the above described property. This property to be appraised is a part of the Horne Road Street Improvement Project. My fee for this appraisal will be a total of $785.00. In the event it becomes necessary to employ a local house moving contractor to prepare a proposal to move the existing improvements located on the subject to another location on the site, the fee for such service will be billed to the city of Corpus Christi by separate invoice not to exceed $250.00. My estima ed completion date for this report is approximately `y—days from date of assignment. If you should require (J.any additional information concerning this proposal, please call on me. Respectfully, Thomas F Dorsey HORNE ROAD STREET IMPROVEMENTS (corner of Barrera Street) -Columbia Parkway to Old Brownsville Road • Parcel -1- Being an irregularly shaped tract out of Lot 1, Block 3, Molina Subdivision as recorded in Volume 9, Page 53, Map Records, Nueces County, Texas. Beginning at the northwest corner of said Lot 1; Thence along the existing south Horne Road right-of-way line, being the arc of a circular curve to the right whose angle = 33' 01' 25", radius = 336.19 feet, tangent = 99.66 feet, a distance of 193.77 feet to the point of tangency; Thence S. 56° 58' 35" W., along said right-of-way line, a distance of 19.17 feet to a point for a corner; Thence N. 70' 04' W., 71.5 feet to the point of curvature of a circular curve to the left; Thence along the arc of said curve whose angle = 10° 37' 28", radius = 674.2 feet, tangent = 62.69 feet, a distance of 125.02 feet to a point of continuing curvature; Thence along the arc of a circular curve to the left, whose angle = 98' 53' 21", radius = 10.0 feet, tangent = 11.69 feet, a distance of 17.26 feet to the point of tangency; Thence N. 0' 34' E., along the east right-of-way line of 50 foot wide Barrera Street 19.28 feet to the point of be- ginning and containing 0.069 acres, more or less. et, CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) June 22, 1981 I certify to the City Council that $ 1,035.00 , 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. 220-77-10 Project Name Horne Road Street Improvements -Columbia Parkway to Old Brownsville Road from which it is proposed to be drawn, and such Honey is not appropriated for any other purpose. "appraisal services" Thomas F. Dorsey Parcel -1- / �1 4/ FIN 2-55 Revised 7/31/69 vL dam. 19p 37 Director 0 Corpus Christi, Texas Ap� day of 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, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, 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. , 14/ Respectfully, Respectfully, Council Members MAYO The City of Corpus Christi, Texas The Charter rule was suspended by the Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L;_Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was passed by e following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky following vote: 16361