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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 a1LLUM. mm�n .r. rcaa arms uum 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