HomeMy WebLinkAbout16731 ORD - 11/25/1981lt;11/24/81;lst
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 CARROLL LANE -STAPLES TO BRAWNER
PARKWAY AND PADRE ISLAND TO TIGER LANE STREET IMPROVE-
MENTS, PROJECT NO. 220-77-3, 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 $850 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
appraisal services for acquisition of a parcel of land in connection with
the Carroll Lane - Staples to Brawner Parkway and Padre Island to Tiger
Lane Street Improvements, Project No. 220-77-3, 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 $850 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 earliest
practicable date a parcel of land in connection with permanent street improve-
ments, such finding of an emergency is made and declared requiring suspension
of the Charter rule as to consideration and voting upon ordinances or reso-
lutions at three regular meetings so that this ordinance is passed and shall
take effect upon first reading as an emergency measure this the .Z.r day of
November, 1981.
ATTEST:
Cit Secretary
APP AY D:
�,? OF NOVEMBER, 1981.
J. BRUCE AYCOCK, CITY ATTORN
By
16731
araE1LMED
SEP 2 81984
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 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
with the Carroll Lane Street Improvements
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 45 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-
x
Christi, Texas 781+01, 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 $480/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"
-Dorsey
Carroll Lane St. Impr.
Parcel 9
-2-
and any other information relating to professional qualifications.
(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 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) Furnish 4 copies of title reports and legal descriptions iof the
Parcel.
Furnish 4 copies of drawings of the Parcel to be taken and 4
copies of a map embracing the project area.
.Provide information on comparables if any available to the City.
(2)
(3)
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 ( $850.00
Eight hundred fifty dollars and no cents
)
for the total assignment.
"Real Estate Appraisal Contract"
-Dorsey
Carroll Lane St. Impr.
parcel 9
-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 November , 19 81 .
ATTEST: THE CITY OF CORPUS CHRISTI
$Y=
City Secretary Ernest Briones
Acting City Manager
Approved as to legal form this
day of November , 19 81
J. BRUCE AYCOCK, CITY ATTORNEY
Assistant City Attorney
"Real Estate Appraisal Contract"
-Dorsey
Carroll Lane St. Impr.'
Parcel 9
-4-
Real
Real Estate Appraiser
Thomas F. Dorsey
14 A
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THOMAS F. DORSEY, M.A.I., S.R.P.A '—
REAL ESTATE APPRAISER • CONSULTANT
P. O. BOX 3297. CORPUS CHRISTI, TEXAS 78404 • TEL. '5121 882-8044
November 10, 1981
Mr. Ken Kohrs, Director
Land Acquisition Dept.
City of Corpus Christi
Corpus Christi, Texas
Re: Appraisal of Parcel 19, Carroll
Lane Street Improvement Project.
Dear Mr. Kohrs:
Please let this letter serve as my proposal to your office in the
matter of the appraisal of the above referenced project. This
assignment involves a partial taking off the Carroll Lane frontage
of the Carroll Lane School.
In a preliminary investigation of the area, it is apparent to
the appraiser that there will be few, if any, comparable sales
available in the immediate area of the subject property. The
school tract (whole property) contains 10+ acres of land. The
area is an older residential area and extra efforts will be nec-
essary in order to locate sales that would be comparable. For
this reason, the fee for this assignment will be $850.00 I
will deliver three (3) copies of a fully documented, narrative
appraisal report to your office within forty five (45) days from
the date of assignment.
This fee proposal does not include any fee for court appearance.
Should any court appearance be necessary, my fee for this and
any additional preparation time will be on a basis of $480/day.
Should you need any further information regarding this proposal
please call upon me.
Respectfully,
-
Thomas F. Dorsey
CARROLL LANE
-S. Staples Street to Gollihar Road Street Improvements -1979
Parcel 9
Metes and Bounds
Being an irregularly shaped tract of land out of Lot 2, Section "B",
Paisley's Subdivision of the Hoffman Tract as shown by map of record
in Volume A, Page 28, Map Records, Nueces County, Texas, and more
particularly described by metes and bounds as follows:
Beginning at a point on the Northeast right-of-way line of Carroll
Lane, said point being the most Westerly corner of Lot 1, Block 2,
Carroll Lane Park, Unit 1, as shown by map of record in Volume 9,
Page 37, Map Records, Nueces County, Texas, for the beginning point of
the tract of land herein described;
Thence S. 28° 10' 20" W., along a line that is 30.0 feet Northeast
of and parallel to the original centerline of abovementioned Carroll
Lane, a distance of 474.0 feet to the P.C. of a circular curve to the
left;
Thence along the arc of said curve whose central angle is 90° 00',
radius of 10.0 feet, tangent of 10.0 feet, a distance of 15.71 feet
to the point of tangency, said point being on the Northerly right-
of-way line of the North lane of Brawner Parkway;
Thence N. 61° 49' 40" W., along the Northerly right-of-way line of
said North lane of Brawner Parkway, a distance of 20.0 feet to its
point of intersection with the Northeast right-of-way line of above-
mentioned Carroll Lane;
Thence N. 28° 10' 20" E., along the present Northeast right-of-way
line of said Carroll Lane, a distance of 484.0 feet to a point;
Thence S. 61° 49' 40" E., a distance of 10.0 feet to the place of be-
ginning and containing 4,861.46 square feet of land or 0.1116 acres.
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
November 19, 1981
I certify to the City Council that $ 850.00 , 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. 220-77-3
Project Name Carroll Lane -Staples to Brawner Parkway and
Padre Island Drive to Tiger Lane
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
-appraisal services
Parcel 9
6
b,r),
r/44/ l/4
1X FIN 2-55
Revised 7/31/69
Corpus Christi xas
„en- day of
, 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
The above ordinance
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
MAY
THE CI Y OF CORPUS CHRISTI, TEXAS
was passed by the following vote:
16731