HomeMy WebLinkAbout17628 ORD - 06/08/1983AN ORDINANCE
AUTHORIZING AN APPRAISAL AGREEMENT WITH RICHARD CLOWER
FOR REAL ESTATE APPRAISAL SERVICES FOR THE ACQUISITION OF
TWO PARCELS IN CONNECTION WITH THE GEORGE EVANS SCHOOL
AREA, PHASE I STREET IMPROVEMENTS PROJECT; APPROPRIATING
$1,825 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 Richard Clower for real estate appraisal services
for the acquisition of Parcel 1 and Parcel 2 in connection with the George
Evans School Area, Phase I Street Improvements 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 $1,825 out of the No.
220 Street Bond Fund applicable to Project No. 220-87-7.15, George Evans
School Area, Phase I Street Improvements 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 an shall take effect upon first
reading as an emergency measure this the L ay of June, 1983.
ATTEST:
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y Secretary MAYOR
THE CIT
APPROVED:? DAY OF JUNE, 1983
'Br? a cock, y Attorney
•
1 628
VOF CORPUS CHRISTI, TEXAS
sEp 28 1,1a4
MIGRDF ILMED
%EXHIBIT "A"
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 Richard Clower
("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 GEORGE EVANS SCHOOL AREA UNIT I ST. IMPR. (1982).
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.
-1-
Ex b. "A"
(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 $480.00 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) 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.
(u)
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
"R.E. Appraisal Contract"(Clower)
GEO EVANS SCH AREA UNIT I ST IMP
parcels 1,2
-2-
(32)
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 One thousand Eight hundred Twenty-five
Dollars and no cents ($1,825.00 ) 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.
"R.E. Appraisal Contract"(Clower)
GEO EVANS SCH AREA UNIT I ST IMP
-Parcels 1,2
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 , 19 83 .
ATTEST: THE CITY OF CORPUS CHRISTI
By
City Secretary • Edward A. Martin
City Manager
APPROVED AS TO LEGAL FORM THIS
May , 19 83
DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
Assistant City Attorney
"R.E. Appraisal Contract"
GEO EVANS SCH AREA UNIT I ST IMP
Parcels 1,2
-4-
Real Estate Appraiser
Richard Clower
APPROVED:
James K. Lontos, P.E.
Assistant City Manager
T. RICHARD GLOWER
REAL ESTATE APPRAISER
1800 South Staples Street
Corpus Christi, Texas 78404
(512) 855-2252
May 25, 1983
MEMBER
SOCIETY OF REAL ESTATE APPRAISERS
Mr. Kenneth T. Kohrs, Manager
Property and Land Acquisition Division
City of Corpus Christi
Post Office Box 9277
Corpus Christi, Texas 78404
Reference: George Evans School Area Unit I Street Improvements (t82);
Parcels 1 and 2.
Dear Mr. Kohrs:
I hereby submit to you my proposed appraisal fees and time to complete
reports setting forth the market value and the total compensation of the
takings in the reference above.
Parcel Number Time • Appraisal Fee
1 2 days $850.00
2 2.5 days $975.00
In the event that court testimony should be required in connection with
the referenced properties, my fee will be $480.00 per day.
Thank you for considering me for employment in this matter.
Very truly yours,
T. Richard Clower, S.R.A.
Real Estate Appraiser
-5-
GEORGE EVANS SCHOOL AREA UNIT I STREET IMPROVEMENTS (1982)
Parcel 2
TRACT 1
Being two 4 foot wide tracts of land for sidewalk easement out of
Blocks 19, 20, 27, 28, Central Wharf and Warehouse Company's Sub-
division, adjacent to Mussett Street and further described as
follows:
Beginning at a point being the northwest corner of Lot 8', Block 28,
Central Wharf and Warehouse Company's Subdivision, shown by plat
in Volume A, Page 15, being the intersection of the south right -
of way of Mussett Street and the east right of way of Brownlee Blvd.;
Thence N. 81° E., along said Mussett Street right of way at 430 feet
pass the centerline of 60 foot wide 12th. Street right of way closed
by City Ordinance No. 1018, at 890.0 feet pass the centerline of 60
foot wide 10th. Street right of way closed by City Ordinance No.
1018, in all a distance of 1,320 feet to a point on the west right
of way of 60 foot wide Alameda Street right of way, being the north-
east corner of Lot 8, Block 19;
Thence S. 9° E., along said Alameda Street right of way 4.00 feet to
a point;
Thence S. 81' W., parallel to abovementioned south Mussett Street
right of way line 1,320 feet to a point on the east right of way
line of Brownlee Blvd.;
Thence N. 9° W., along said Brownlee Blvd. right of way, 4.00 feet to
the point of beginning and containing 0.121 acres, more or less.
TRACT 2
Beginning at a point being the northeast corner of Lot 8, Block 19,
Central Wharf and Warehouse Company's Subdivision, also being the in-
tersection of the south right of way line of Mussett Street right of
way and the west right of way of 70 foot wide Staples Street right
of way;
Thence S. 9° E., along said Staples Street right of way 4.00 feet to
a point;
Thence S. 81° W., across Block 19, 377.67 feet to a point in the
interior of Lot 1, Block 19, for a corner of this tract;
Thence N. 1° 53' 46" E., 4.07 feet to a point on the south right of
way of Mussett Street;
Thence N. 81° E., along said Mussett Street right of way, 376.90 feet
to the point of beginning and containing 0.035 acres, more or less.
"R.E. Appraisal Contract"
GEO EVANS SCH AREA UNIT I ST IMPR
Parcels 1,2
6
GEORGE EVANS SCHOOL AREA UNIT STREET IMPROVEMENTS (1982)
Parcel 1
Being a triangularly shaped tract of land
out of Lot 8, Block 19, Central Wharf and
Warehouse Company's Subdivision shown by
plat recorded in Volume A, Page 15, Map
Records, Nueces County, Texas, and further
described by metes and bounds as follows;
Beginning at a point being the most western
corner of said Lot 8, said point also lies
at the intersection of the north right of
way of 60 foot wide San Diego Street
(closed by Ordinance No. 1018, 10-31-39)
and the east right of way of 60 foot wide
Alameda Street right of way;
Thence N. 9' W., along said Alameda Street
right of way 120.0 feet to a point being the
north corner of said Lot 8;
Thence N. 81° E., along the south right of
way of 60 foot wide Mussett Street, 23.1
feet to a point;
Thence S. 10 53' 46" W., 122.20 feet to
the point of beginning and containing.,
0.032 acres, more or less.
"R.E. Appraisal Contract"
GEO EVANS SCH AREA UNIT ST IMP
Parcels 1,2
7
1
,f
CITY OF CORPUS CHRISTI, TEXAS
L;EK1'IFICATION OF FUNDS
(City Charter Article IV Section 21)
June 7, 1983
I certify to the City Council that $ 1,825.00 , the anoint 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. 220-82-7.15
Project Name George Evans School Area, Phase I
from which it is proposed to be drawn, and such money is rot appropriated for any
other purpose.
-appraisal services (Clower)
Parcels 1,2
FIN 2-55
Revised 7/31/69
g , 19
Pr Christi, T
day of
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,
Council Members
Respectfully,
MAYOR
THE
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
%ITY OF CORPUS CHRISTI, TEXAS
the following vote:
17628