Loading...
HomeMy WebLinkAbout16618 ORD - 10/21/1981lt;10/19/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE APPRAISAL AGREEMENT WITH SIDNEY H. SMITH, III FOR APPRAISAL SERVICES FOR ACQUISITION OF A PARCEL OF LAND IN CONNECTION WITH THE TRACY ADDITION (NINETEENTH AND RIGGAN) STREET IMPROVEMENTS PROJECT, NO. 220-77-2.14, AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH I5 ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND THE SUM OF $310 FOR THE AFORESAID 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 a real estate appraisal agreement with Sidney H. Smith, III for appraisal services for acquisition of a parcel of land in connection with the Tracy Addition (Nineteenth and Riggan) Street Improvements Project, No. 220-77-2.14, 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 out of the No. 220 Street Bond Fund the sum of $310 for the aforesaid appraisal services. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs by the acquisition of a parcel of land needed for the Tracy Addition Street Improvements Project, such finding of an emergency is made and declared requiring the suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 2I day of October, 1981. ATTEST: Ci Ey Secretary MAYA THE C OF CORPUS CHRISTI, TEXAS A1,434X61 ED: Y OF OCTOBER, 1981: J. BRUCE AYCOCK, TY ATT'RNEY .12/4„.4_ By 8 2 7 ton Fp ? 9Q(' MICROFILMEDI. 7 CITY OF CORPUS CHRISTI, TEXAS CEICATION OF FUNDS (City Charter Article IV Section 21) October 13, 1981 I certify to the City Council that $ 310.00 , 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. 220 Street Bond Fund 220-77-2.14 Project Name Tracy Addition Street Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 19th. & Riggan St. Widening Parcel -1- I 1 FIN 2-55 Revised 7/31/69 " 19 S)1 REAL ESTATE APPRAISAL CONTRACT THE STATE OF TEXAS COUNTY OF NUECES 1 EXHIBIT "A" This agreement is entered into between the City of Corpus Christi, Texas ("Party of the First Part") hereinafter called City, and Sidney H. Smith III ("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 NINETEENTH (19th.) and Riggan Street Widening 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. (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, 1801 N. Chaparral, Corpus -1- '7 LKft r Christi, Texas 78401, upon completion. (6) The Anoraiser 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 $375.00 (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- (32) 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: (1) finish 4 copies of 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 ( $310.00 ) THREE HUNDRED TEN DOLLARS 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 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 routine duties delegated to personnel of the Appraiser's staff. F. The appraisal proposal letter and all its conditions is attached hereto and made a part of this contract. EXECUTED IN TRIPLICATE, each, of which shall- be._considered an original, this day of �, 19 ATTEST: City Secretary Approved as to legal form this day of _ �____.I �9--� J. BRUCE AYCOCK, CITY ATTORNEY Assistant City Attorney -k- THE CITY OF CORPUS CHRISTI City Manager Reale AooraiCer Sidney H. Smith III Real Estate Appraisers & Consultants Incorporated October 7, 1981 Mr. Kenneth Kohrs, Manager of Property & Land Acquisition City of Corpus Christi 1801 North Chaparral Corpus Christi, Texas 78401 RE: Acquisition of Private Land, 19th at Riggan St. widening, Parcel -1-, Castrulo E. Del Gado Dear Mr. Kohrs: At your request I am pleased to submit to you my proposal for appraising the above referenced property. My appraisal report will be in accordance with the rules, regulations, standards, and ethics of the International Society of Real Estate Appraisers and the American Institute of Real Estate Appraisers. The time schedule for completion of this report, I understand, will be thirty days from the official date of assignment. The City shall receive three complete signed copies of the report. This appraiser shall not be required to give testimony or appear in court because of having made these appraisals unless arrangements have been previously made. My fee for court work is $375.00 per day including preparation time.' It is understood that acquisition is to be by fee taking. Special considerations included: Lot improved with single family residence. Each individual legal description will require on site inspection, photographs, highest and best use analysis, search of deed records for possible comparable sales and verification of sales found elsewhere, direct sales comparison analysis, area search for comparable sales, site valuation, analysis for damages and valuation if appropriate. The property must be appraised by valuation of the whole, including improvements, before the taking, and valuation of the remainder after the taking, the difference being the indication of just compensation for the taking. The estimated fee for the above is $310.00. * * * * * THREE HUNDRED TEN DOLLARS * * * * * It is my pleasure, Mr. Kohrs, to submit this proposal to you and to the City of Corpus Christi. I genuinely appreciate your courtesy and consideration and the opportunity to be of service to our city. Very r y yo,rs, Sidne . S ith III Senior Real Property Appraiser President SHS/lgb RO. BOX 6274 512/983-0031 4213 AVALON, CORPUS CHRISTI, TEXAS 78411 ADDITIONAL STREET RIGHT OF WAY - 19TH STREET Being a portion of Lots 8 and 9, Block 1, Stewart and Newman Addition No. 1 as recorded in Book 2, Page 35, Nueces County, Texas Nap Records and more particularly described as follows: Beginning at the most northerly corner of said Lot 8; THENCE S 27° 07' 20" E along the northeasterly line of said Lots 8 and 9, said line also being • the southwesterly right of way line of 19th Street as now established, a distance of 125.78 feet; THENCE N 31° 00' 45" W, a distance of 102.88 feet; THENCE along a curve concave to the south, being tangent to the last described course, and having a radius of 10.0 feet and internal angle of 120° 39' 15", a distance of 21.06 feet to a point on the northwesterly line of said Lot 8; THENCE N 28° 20' 00" E along the northwesterly line of said Lot 8, said line also being the southeasterly right of way of Riggan Street as now established, a distance of -27.47 feet to the point of beginning; AND containing 584.07 square feet (0.0134 acres) more or less. OWNER: Castulo E. Del Gado 2306 Riggan Corpus Christi, Texas 2/ day of Zait/ , 1981 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as—to-consideration and voting upon ordinances or resolutions at three regular meetings; I/we,-theref'ore, request -that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Y THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the -Fallowing vote:. Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16618