HomeMy WebLinkAbout17620 ORD - 06/01/1983AN ORDINANCE
AUTHORIZING AN APPRAISAL AGREEMENT WITH JOHN A. ERICKSON
FOR REAL ESTATE APPRAISAL SERVICES FOR THE ACQUISITION OF
TWO PARCELS IN CONNECTION WITH THE HEARN ROAD STREET
REALIGNMENT PROJECT; APPROPRIATING $500 FOR THIS
AGREEMENT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute
an appraisal agreement with John A. Erickson for real estate appraisal
services for the acquisition of Parcel 1 and Parcel 2 in connection with the
Hearn Road Street Realignment Project 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 1. That there is hereby appropriated $500 out of the No.
220 Street Bond Fund applicable to Project No. 220-77-51, Hearn Road Street
Realignment Project for this agreement.
SECTION 2. 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 and effective administration of City affairs by authorizing the
aforementioned agreement for appraisal services, 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 take effect upon first
reading as an emergency measure this the/
ATTEST:
Ci Secret
APPROVED /4DAY OF JUNE, 1983
y ruce ycock ity ttorney
MAYOR
17620
day of June, 1983.
THE TY OF CORPUS CHRISTI, TEXAS
ISE.P2Sat
MICROFILMED
REAL ESTATE APPRAISAL CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
EXHIBIT "A"
This agreement is entered into between the City of Corpus Christi, Texas ("Party
of the First Part") hereinafter called City, and John Erickson
("party of the Second Part") being referred to as "Appraiser", and pertains to
the preparation of Real Estate Appraisals of 2 parcels subject to possible
Eminent Domain action, said properties are to be acquired by the City in con-
nection with the Hearn Road Street Realignment (1983).
NOW THEREFORE, the City and the Appraiser agrees as follows:
A. The Appraiser will provide the following:
(1) Prepare appraisal reports for 2 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 2 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 exclude the general information
and focus attention on highest and best use, comparables, photo-
graphs and value of each of the 2 parcels. The report should
show the approaches used in determining the appraised value for
each parcel.
(3) The Appraiser will provide appraisals of said parcels as assigned
within 45 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.
Parcels 1,2
Page 1 of 7
(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 $ 300.00
per day.
(8) If there are separately held interests in the real property to be
acquired (such as easements, leaseholds, tenant -owned improvements,
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.
(9)
(10)
(u)
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"
HEARN RD ST RELIGNMENT
Parcels 1,2
-2-
(2)
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 title opinions 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. Payment:
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 Five hundred dollars and no cents...
($500.00 ) 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"
HEARN RD ST REALIGNMENT
Parcels 1,2
-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. Appraisal Proposal Letter:
The appraisal proposal letter is attached hereto and made a
part of this contract.
EXECUTED in triplicate, each of which shall be considered an
original, this the day of May , 1983 .
AllbST: THE CITY OF CORPUS CHRISTI
By
City Secretary Edward A. Martin
City Manager
APPROVED AS TO LEGAL FORM THIS
DAY OF
May , 19 83 .
J. BRUCE AYCOCK, CITY ATTORNEY
Assistant City Attorney
"Real Estate Appraisal Contract"'
HEARN ROAD ST REALIGNMENT
Parcels 1,2
-4-
Real Estate Appraiser
John Erickson
APPROVED:
James K. Lontos, P.E.
Assistant City Manager
JOHN A. ERICKSON
217 BAYSIDE ORIYE, CORPUS CHRISTI, TEXAS 78411
AREA CODE 512 852-0710
MEMBER
RPUS CHRISTI REAL. ESTATE BOARD
May 19, 1983
Mr. Kenneth T. Kohrs, Manager
Property and Land Acquisition Division
City of Corpus Chritti
Department of Engineering
P. 0. Box 9277
Corpus Christi, Texas 78469
Reference: Hearn Road Street Realignment
SENIOR RESIDENTIAL APPRAISER
SOCIETY OF REAL ESTATE APPRAISERS
PARCEL I: Central Power and Light Company
Being a 0.0166 Acre tract out of
106.20 Acres
PARCEL II: James P. Anderson, et ux
2.0 Acres, recorded in
Volume. 327, pages 184-186
Deed Records of Nueces County, Texas
Dear Mr. Kohrs:
Pursuant to your request, I am submitting the following pro-
posal to perform appraisals on the above referenced properties.
The time frame, as requested, is 45 days after assignment with
a verbal indication of value prior to delivery of the finished
reports.
It is further noted that any time involving court testimony,
or any preparation of same, demands $300.00 per day or any frac-
tion thereof.
PARCEL I. . . . $250.00
PARCEL II . . . $250.00
If there are any further questions, please contact my office
for clarification.
JAE:jcw
-5-
Sincerely f
11% Gni �vs,c,F.so.,l
John A. 'Erickson, SRA, CRA
HEARN ROAD STREET REALIGNMENT
parcel 1
Being an irregular shaped tract out of Lon
C. Hill, Unit I, as recorded in Volume 34,
Page 103, Nueces County, Texas, Map Records
and more particularly described as follows:
Beginning at the most westerly corner of
said Lon C. Hill, Unit I, said point also
being the intersection of the east line of
the Missouri Pacific Railroad right-of-way
and the southwesterly right-of-way line of
Hearn Road, as now established;
Thence S. 53° 03' 00" W., along the south-
westerly line of Hearn Road, a distance of
122.71 feet;
Thence along a curve concave to the south-
west having an initial tangent bearing of
N. 530 03' 00" W., an internal angle of
12° 27' 04" and a radius of 370 feet, a dis-
tance of 112.69 feet to a point on the east
line of the Missouri Pacific Railroad right -
of way;
Thence N. 2° 20' 30" E., along said east
right-of-way line, a distance of 20.69 feet
to the point of beginning, and containing
724.03 square feet or 0.0166 acres, more
or less.
"Real Estate Appraisal Contract"
HEARN RD ST REALIGNMENT
Parcels 1,2
HEARN ROAD STREET REALIGNMENT
Parcel 2
Being an irregular shaped tract out of a
2.0 acre tract, as described in Nueces County,
Texas, Deed Records, Volume 327, Pages 184
through 186 and more particularly described
as follows:
Beginning at the southeasterly corner of
said 2.0 acre tract, said point also being
the intersection of the west line of the
Missouri Pacific Railroad Right -of -Way and
the northerly right-of-way line of Hearn
Road, as now established;
Thence S. 89° 14' W., along the northerly
line of Hearn Road, a distance of 15.43
feet;
Thence along a curve concave to the north-
east, having an internal angle of 540 26'
and a radius of 75.49 feet; a distance of
71.72 feet;
Thence N. 36° 20' W., a distance of 62.1
feet;
Thence N. 53° 40' E., a distance of 10.0
feet;
Thence along a curve concave to the north-
east having an initial tangent bearing_o£
S. 36° 20' E., an internal angle of
29° 16' 10" and a radius of 270.0 feet,
a distance of 137.93 feet to a point on the
west line of the Missouri Pacific Railroad
Right -of -Way;
Thence S. 0° 46' E., along said west right-
of-way line 0.58 feet to the point of be-
ginning, and containing 1,896.52 square
feet or 0.0435 acres, more or less.
"Real Estate Appraisal Contract"
HEARN RD ST REALIGNMENT
Parcels 1, 2
Page 7 of 7
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
May 31, 1983
I certify to the City Council that $ 500.00 , 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. 220-77-51
Project Name Hearn Road Street Realignment (1983)
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
-appraisal services
Parcels 1,2
83
FIN 2-55
Revised 7/31/69
19 X3
Corpus Christi,
/2t day of
, 198 3
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas 'h
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,
MAYO
Council Members
The above ordinance was passed
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
THE CM'Y OF CORPUS CHRISTI, TEXAS
the following vote:
17620