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HomeMy WebLinkAbout16706 ORD - 11/18/1981sp;11/16/81;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPRAISAL AGREEMENT WITH THOMAS F. DORSEY FOR REAL ESTATE AP- PRAISAL SERVICES FOR ACQUISITION OF A PARCEL OF LAND IN CONNECTION WITH THE AIRLINE ROAD--WILLIAMS DRIVE TO HOLLY ROAD STREET IMPROVEMENTS, PROJECT NO. 220- 77-11, 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 $750 OUT OF THE NO. 220 STREET BOND FUND 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 an appraisal agreement with Thomas F. Dorsey for real estate ap- praisal services for acquisition of a parcel of land in connection with the Airlines Road --Williams Drive to Holly Road Street Improvements, Project No. 220-77-11, 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 $750 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 executing the aforesaid appraisal agreement in order to acquire at the ear- liest practicable date a parcel of land in connection with permanent street improvements, such finding of an emergency is made and declared reglairing 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 day of November, 1981. ATTEST: C Secretary APPRQgED: QDAY OF NOVEMBER, 1981 • Ji-ruce/ " Aycock, Ci Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 16706 9EP 2 81984 MICROEILMED r REAL ESTATE AP PAISAL CONTRACT T THE STATE OF TEXAS COUNTY OF NUECES This agreement is entered into between the City of Corpus Christi, Texas ("Party of the First Fart") 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 acauired by the City in connection with the Airline Road Street Improvements -Williams to Holly Road A legal description of the Parcel is attached. NOW TFEFEFCRE, the City and the Appraiser agree as follows: A. The Appraiser will provide the following: (5) Parcel 2 Prepare appraisal reports for one (1) Parcel as per attached legal description. 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. 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. 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 Aceuisition Division, 1801 N. Chaparral, Corpus -1- Exf1• „A" °7 Christi, Texas 78401, upon completion. (6) The 1__r..'ser azrees that he will a oersocal _nscecticn c- :--- 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 dr otherwise, to accom any the Appraiser during his inspection of the property. It is further agreed that appraisal information concerning the property assigned for appraisal services, whether contained 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 procer order of the Court, shall be considered a material breach of this contract. (7) The gr_iser agrees, unon the City's recuest, to make prep _a -:es for Court testimony and apoear in Court to testily, in support of his appraisal, for a fee of $480.00 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 com_ecsation 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" AIRLINE ROAD STREET IMPROVEMENTS -Williams to Holly Road P :rce1 2 and any other information relating to professional aualificatiors. (12) I J-_-- _s tu the terms of zhis cc__;ra_t c__ _ise- .ere, 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 em=loy, in connection with the services to be furnished hereunder, any person having any such interest, and until such property is acauired 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 _pr uther than the City, ne otiate for any of said - perry, _--- form services in connection with said property, or testify voluntari- ly as a witness in a condemnation or other proceeding with respect to such procerty. B. The City agrees to provide the following 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 comparaoles 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 ( $750.00 Seven hundred fifty dollars and no cents for the total assignment. "Real Estate Appraisal Contract" AIRLINE ROAD STREET EAPROVEMENTS -WLLLi.ims to Holly Road Par,oL 2 D. Termination: The City _ _____: to tz_____._ is ____e at a; i.e. 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 ~here cctr leted E. appraisal has been submitted at Assignability: The Appraiser shall not assign, the time of termination. transfer or delegate any of his obli- gations or duties of this contract written consent of the City except personnel of the Appraiser's staff. F. The appraisal proposal letter and all its and made a part of this contract. ATTEST: to any other person without prior for routine duties delegated To conditions is attached hereto EXECUTED IN TRIPLICATE, each of which shall be considered an original, this day of November , 19 81 City Secretary Approved as to legal form this day of November , 19 81 J. BRUCE AYCOCK, CITY ATTORNEY "Real Estate Appraisal Contract" AIRLINE ROAD STREET rMPROVEMENTS -Williams to Holly Road Par,:a l 2 _h _ THE CITY OF CORPUS CHRISTI BY: Ernest Briones Acting City Manager THOMAS F. DORSEY, M.'..1., S.R_P.A REAL ESTATE APPRAISER - CONSULTANT P. 0. BOX 3297. CORPUS CHRISTI. TEXAS 7810, - TEL. •5121 882-80.4 Mr. Ken Kohrs, Director Land Acquisition Department City of Corpus Christi Corpus Christi, Texas November 4, 1981 AIRLINE ROAD STREET IMPROVEMENTS -1981 Re: Proposal for the appraisal of Parcel 2 Airline and Holly Roads Street Improvement Project. Dear Mr. Kohrs: Please let this letter serve as my pr000sal to your office in the matter of the appraisal of the above described property. This property to be appraised is a part of the Airline/Holly Roads Street Improvement Project. My fee for this appraisal will be a total of $750.00. My estimated completion date for this report is approximately thirty (30) days frdt date of assignment. At that time I will deliver to your office three (3) copies of the fully documented, narrative report. This fee estimate does not include any contingency for possible court appearance. If this should become necessary in the completion of this job, my fee for preparation, updating, and court appearances will be at a rate of $480.00 per day. If you should have any questions regarding this proposal, please call upon me. Respectfully, Thomas F. Dorsey' TFD/dga 2345678 i'n 0 4 1981 N RE ProPem& CEIVED A Land Ac4ulsRlon �C, AIRLINE ROAD STREET IMPROVEMENTS Parcel 2 Metes and Bounds Being a strip of land out of Lot 2, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, as shown by plat recorded in Volume 21, Page 55, Map Records, Nueces County, Texas; and more particularly described by metes and bounds as follows: Beginning at the south corner of said Lot 2; Thence N. 61° 00' 41" W., along the northerly right-of-way of 50 foot wide Holly Road, 116.64 feet to a point for a corner; Thence N. 29° E., 10.00 feet to a point for a corner; Thence S. 61° 00' 41" E., 80.00 feet to a point of curvature of a circular curve to the left; Thence along the arc of said curve whose central angle = 116° 31' 19", radius = 20.00 feet, tangent = 32.33 feet, a distance of 40.67 feet to a point of tangency on Airline Road's west right-of-way; Thence S. 2° 28' 00" W., along the west right-of-way of 90 foot wide Airline Road, a distance of 43.22 feet to the point of beginning and containing 0.032 acres, more or less. 11/1981 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) November 11, 1981 I certify to the City Council that $ 750.00 , 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: Find N. and Name 220 Street Bond Fund Project No. 220-77-11 Project Name Airline Road Street Improvements -Williams Drive to Holly Road from which it is proposed to be drawn, and such money is not appropriated for any other purpose. -appraisal services (Dorsey) Parcel 2 Oscar Spitz FIN 2-55 Revised 7/31/69 77 /1 , 19T Corpus Christi, Texas /A day of i cGi , 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, therefore, 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 /i MAYOR T" CITY I CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16706