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
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MICROFILMEDI.
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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
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'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
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(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.
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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