The URL can be used to link to this page

Home My WebLink About17078 ORD - 06/16/1982AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPRAISAL AGREEMENT WITH SIDNEY H. SMITH III FOR THE ACQUISITION OF PARCELS 1, 2, AND 3 IN CONNECTION WITH SURFSIDE TO TIMON BOULEVARDS STREET CONNECTION PROJECT; APPROPRIATING $1,040; 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 Sidney H. Smith III for real estate appraisal services for the acquisition of three parcels (1, 2, and 3) in conection with the Surfside to Timon Boulevards Street Connection Project, as more fully set forth in the agreement, a copy of which is attached hereto and made a part hereof marked Exhibit "A." SECTION 2. That there is hereby appropriated $1,040 out of the No. 162 Federal State Grant Fund, Project 162-152-807.05-502 for said 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 of executing the aforementioned agreement so that the Surfside to Timon Boulevard Street Connection Project can proceed on a timely basis, such finding of an emergency is made and declared requiring 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 ake effect upon first reading as an emergency measure this the //e; day of 1982. ATTEST: C ty ecretary APPRUED4 //,;-1.---DAY OF , 1982 J Bruce Aycc , 61111-4.o< i Attorney Lyi 17078 Y OF CORPUS CHRISTI, TEXAS MOVIINED VA4 • , ‘.1 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 Sidney H. Smith III ("Party of the Second Fart") being referred to as "Appraiser", and pertains to the preparation of Real Estate Appraisals of 3 parcels subject to possible Eminent Domain action, said properties are to be acquired by the City in con- nection with the SURFSIDE to TIMON BOULEVARD STREET CONNECTION. NOW THEREFORE, the City and the Appraiser agrees as follows: A. The Appraiser will provide the following: . (1) Prepare appraisal reports for 3 parcels as per attached legal descriptions. The City reserves the right to amend the legal des- criptions of the parcels if necessary. (2) Submit one appraisal package consisting of three (3) bound copies covering .3 parcels. One part of the report will include all the general information relating to the area and city, definitions, trends, etc. The other part will exclwiethe general information and focus attention on highest and best use, comparables, photo- . graphs and value of each of the 3 parcels. The report should show the approaches used in determining the appraised value for each parcel. (3) The Appraiser will provide appraisals of parcels as assigned within 30 days after the City has furnished all necessary data to complete each assignment. (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. -1- (5) The Appraiser agrees to coordinate all work with the City Property and Land Acquisition Division and shall submit all reports to Property and Land Acquisition Division, 1801 North Chaparral, Corpus Christi, Texas 78401 upon completion. (6) The Appraiser agrees that he will make a personal inspection of each parcel to be appraised and discuss with the owner or owners where possible in order to get his (her) (their) assistance in providing information 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 ad- vance 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 ap- praisal Services, whether contained within the appraisal report to the City or not, is to be treated as confidential 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 per day. (per attached letter proposal) (8) If there are separately held interests in the real property to be acquired (such as easements, leaseholds, tenant -owned improvements, (a) life estates, etc.), the' appraisal shall include an apportionment of the total just compensation to each separately held interest to be acquired. Acquisition will not include mineral'rights. The Appraiser will comply with all Federal, State and Local laws and ordinances applicable to -the work. 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. 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" SURFSIDE TO TIMON BLVD ST CONN Sidney H. Smith III -2- (12) 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 prospective, in any property described in this agreement here- of 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 sub- mission of impartial reports, and has not employed. and will not employ, in connection with the services to be fUrnished here- under, any person having any such interest, and until such pro- perty is acquired by the City or excluded 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 in- terests and will not, for their own account or for other than the City, negotiate for any of said property, perform services in connection with said property, or testify voluntarily 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 project map and'legal des- criptions of each parcel. (2). Furnish 4 copies of drawings of the parcels to be taken. (3). Provide information on comparables if any available to the City. C. Fayment: For and in consideration of the work to be performed by the Appraiser as discussed in Paragraph 2 herein, the City agrees to pay the Appraiser the sum of One thousand forty dollars and no cents ($ k,040.00 ) for the total assign- ment with payment to be made upon completion of total assignment. 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 parcels which the City desires to delete. "Real Estate Appraisal Contract" SURFSIDE TO TIMON BLVD ST CONN Sidney H. Smith III -3- In either case, the City agrees to pay the Appraiser only for the work where completed appraisals have been submitted at the time of termination. E. Assignability: The Appraiser shall not assign, transfer or delegate any of his obligations or duties of this contract to any other person with- out 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 here- to and made a part of this contract. EXECUTED in triplicate, each Of which shall be considered an original, this the day of , 1982 ATTEST: City Secretary APPROVEDAWO LEGAL FORM THIS Z751 DAY OF , 1982. THE CITY OF CORPUS CHRISTI By Edward A. Martin City Manager J. BRUCE AYCOCK, CITY ATTORNEY Assist- 'aty Attorney "Real Estate Appraisal Contract" SURFSIDE TO TIMON BLVD ST CONN -4- Real Estate App alser Sidney H. Smith III APPROVED: James K. Lontos, P.E. Assistant City Manager Sidney H. Smith III Real Estate Appraisers &Consultants inoorporated May 26, 1982 Mr. Kenneth Kohrs, Manager of Property & Land Acquisition City of Corpus Christi 1801 North Chaparral Corpus Christi, TX 78401 RE: Acquisition of Private Land: Surfside to Timon Blvds. Street Connection (1982), Parcels 1, 2, 3. Dear Mr. Kohrs: At your request I am pleased to submit to you my proposal for appraising the ' above referenced property. Our 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. The appraisers • shall not be required to give testimony or appear in court because of having made these appraisals unless arrangements have been previously made. Our fee for court work,is $375 per day including preparation time. This fee will escalate at 12% annually to account for the passage of time from appraisal assignment to court appearance. It is understood that acquisition is to be by fee taking. Special considerations include: Whole and partial takings of the subject properties, as well as measure- ment of damages to the remainders. 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 their valuation if appropriate. After yoursuggestion, the appraisal will, at this point, consider the valuation of vacant land, and minor site improvements only, using the accepted Before and After approach; the appraiser reserves the righ.Cto re-evaluate the property considering all improvements should it become necessary at a future date. The estimated fee for the above is $1,040. **** ONE THOUSAND FORTY DOLLARS **** It i 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. Ver uly ours, Sidne HIt' mith, III Senior Real Property Appraiser President SHS/1gb RO.BOX 6274 512/993-0031 4213 AVALON, CORPUS CHRISTI, TEXAS 78411 Metes and Bounds SURFSIDE to TIMON Boulevards Street Connection (1982) -at Coastal Ave. Parcel #1 Being a tract of land out of Lots 107, 108, Block 41, Corpus Beach Hotel Addition as recorded in Volume 1, Page 51, Map Records, Nueces County, Texas and further described as follows: Beginning at a point being the east corner of said Lot 107, said point being on the westerly right-of- way of Surfside Blvd; Thence S. 32° W., along said right-of-way 59.51 feet to a point; Thence northerly along the arc of a circular curve to the left whose central angle = 28° 14' 18" radius = 151.00 feet, tangent = 37.98 feet, a dis- tance of 74.72 feet to a point; Thence S. 58' E., 43.43 feet to the point of be- ginning and containing 1,067.54 S.F., more or less. SURFSIDE TO TIMON BLVD. STREET CONNECTION(1982) -at Coastal Ave. Parcel #2 All of Lot 106, Block 41, Corpus Beach Hotel Addition as recorded in Volume 1, Page 51, Map Re- cords, Nueces County, Texas. Metes and Bounds SURFSIDE to MON Boulevards Street Connection(1982) -at Coastal Ave. Parcel #3 Being a tract,of land out of Lots 1 and 3, Block 40, Brooklyn Addition, a subdivision as recorded in Volume A, Page 30, Map Records, Nueces County, Texas and further described as follows: Beginning at a point being the west corner of said Lot 1; Thence N. 29° 04' E., 61.52 feet to a point for the north corner of this tract; Thence in a southerly direction,. along the arc of a circular curve to the left, whose central angle = 44' 19' 38", radius = 111.00 feet, tangent = 45.22 feet, a distance of 85.87 feet to a point on the northerly right-of-way of Coastal Street; Thence N. 58° W., along said right-of-way 53.76 feet to the point of beginning and containing 1,205.01 S.F., more or less. CITY OF CORPUS CHRISTI, TEXAS CMTIFICATION OF FUNDS (City Charter Article TV Section 21) June 8, 1982 I certify to the City Council that $ 1,040.00 , 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 162 Federal -State Grant Fund Project No. 162-152-807.05-50i Project Name 7th. Year Community Development Block Grant 4--1123 Ac-czn.ers, from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Surfside to Timon Blvds St Conn Parcels 1-3 -appraisal services 6'i6V- i-91) FIN 2-55 q- Revised 7/31/69