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Home My WebLink AboutReso 1969-5054RESOLUTION N0. 5054 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND E. ALAN COMSTOCK FOR AN APPRAISAL OF CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF THE OLD "F" STREET SCHOOL SITE, APPROPRIATING FUNDS FOR SAID APPRAISAL SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement between the a municipal corporation, and E. Alan Comstock, Ap appraisal of certain real property located on the old "F" Street School Site, dated the 29th day of copy of which is attached hereto and incorporated as though fully set forth herein be, and the same City of Chula Vista, praiser, for an north side of the January, 1969, a herein, the same is hereby approved. BE IT FURTHER RESOLVED that the sum of $1,500.00 be, and the same is hereby appropriated from the unappropriated surplus of the General Fund for the purposes hereinabove set forth. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of said City. Presented by (. ~'Ctwl~'.2 Carl Stanley, Pu chasing Agent Approved as to form by George D. dberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 11th day of February , 19 69 , by the following vote, to-wit: AYES : Councilmen McAllister, Scott, Sylvester, Hamilton, McCorquodale NAYES: Councilmen None ABSENT- ATTEST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF .CHULA VISTA ) I. City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED _ City Clerk AGREEMENT FOR REAL ESTATE APPRAISAL THIS AGREEMENT, made and entered into this 28th day of January, 1969, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City', and E. ALAN COMSTOCK, 770 B Street, San Diego, California, hereinafter called "Appraiser"; W I T N E S S E T H NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Appraiser shall, within thirty-five (35) calendar days after date of execution of this agreement, furnish the City Attorney of the City of Chula Vista with an original and two (2) copies of a written report (hereinafter referred to as the Report) of his appraisal of the fair market value, estimated in accordance with recognized appraisal procedures and applicable principles of law, of the real property more particularly described as follows: All of Lot #9 of Quarter Section l37 of Chula Vista, according to Map thereof #505, filed in the office of the County Recorder, County of San Diego, State of California, excepting therefrom the southerly five feet (5') and street openings. The appraisal shall include land axed all improvements thereon pertaining to realty. The Report shall contain, without being limited to the items enumerated, the following: (a) A statement of the qualifications of Appraiser, (b) A certificate executed by the Appraiser substantially in the form set forth in Schedule "A" hereof. (c) A detailed description and itemization of all improve- mer..ts on the property, indicating the age, condition and dimensions thereof and the cost of replacement new less depreciation, (d) Photographs of the property together with photographs of each improvement sufficient to support the appraisal. (e) A statement of the highest and best use of the property together with supporting data in the event the appraiser determines that the highest and best use of the property is other than the present use. (f) A three (3) year record as to each parcel of all sales, options, offers to buy or to sell, and leases affect- ing such parcel. If there are no sales in the last five (5) years, a report of the last sale. (g) A full record and analysis of comparable sales, options, offers to buy or to sell, and leases considered by Appraiser, indicating the applicability to the property. As far as practicable, photographs of comparable property considered should be included. A full record of vicinage sales, options, offers to buy or to sell and leases, of possible bearing on market value, re- jected as comparable, and the reasons for such rejection, Where the sale of comparable property is considered, the assessed valuation of such comparable property should be indicated. (h) A complete statement of the reasons for Appraiser's opinion as set forth in the Report. (i) A statement by Appraiser of his opinion of the fair market value of the property. ~~5~5~ -1_ (j) If any parcel is being put to a use in connection with other property, such facts should be indicated. Where the use and ownership of a parcel in connection with other property is such that both properties may con- stitute a single unit or parcel, the Report shall include an appraisal of the market value of the remainder as a part of the whole and the market value of the remainder after the taking and after the construction of the improvement in the manner proposed by City. (k) Whether or not there are severance damages as indicated by (j), a statement of his opinion of the special benefits, if any, accruing to the portion of real prcperty not sought which would result from the proposed improvement. 2. In consideration of the performance of the undertaking set forth in Paragraph 1 of this Agreement, Appraiser shall be paid the lump sum of $1,500.00, which shall constitute full payment for the work done and reimbursement to Appraiser of any expense incurred, including the cost of all supplies, material and equipment. Payment shall become due upon completion and delivery of an original and two (2) copies of the Report to the City Attorney. 3. Appraiser and City understand and agree that this Report is being prepared as presently contemplated for the purpose of providing a basis for negotiation for the acquisition of said property. 4. If Appraiser refuses or fails to perform this Agreement within the time specified, or any extension thereof granted by City, City may, by written notice, terminate the right of Appraiser to pro- ceed with the performance of the Agreement or with such part or parts thereof as to which there has been delay. The right of Appraiser to proceed with the performance of this Agreement shall not be terminated under this paragraph if the delay is due to causes beyond the control of or without the fault or negligence of Appraiser. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth THE CITY OF CHULA VISTA i Mayor o t e ity o a Vista APPRAISER: E. Alan Comstock Approved as to form by 4 George D indberg, City Atto SCHEDULE "A" I, E. Alan Comstock, do hereby certify that I have no present or prospective interest in the property that is the subject of the within Report; that I have personally examined the property; that my fee for this appraisal is not contingent upon the amount of the value reported nor upon any other condition excepting the pre- determined fee; that to the best of my knowledge and belief the statements and opinions in the Report are correct, subject to the limiting conditions set forth in said Report; and that the Report has been in conformity with recognized appraisal procedures and applicable principles of law, and that, by reason of my investigation and by virtue of my experience, I have been able to form and have formed the opinion that the fair market value, the amount of severance damage, if any, and the amount of special benefit, if any, to the property as of the is as set forth in said Report. January E. Alan Comstock 19 69 , 28th day of ;~soss~ February 14. 19$9 dir. E. Alan Comstock ?70 "B" Street Sao Diego, Caiiforuia Dear Sir: i3ociosed is certified copy of Caugcil Keboluticaa Me>. 5U34 apprcav3.og a~reet for appraisal of certain property io the City of Chula Vieta• Also eociosed is copy of said e~reemeot• Verp truly yours• Keooeth P. Campbell City Clerk ,~, ~~f L..1 Form No. CA 102 ' 7-66 CERTIFICATE OF CITY FINANCE OFFICER Certification of Unappropriated Balance I HEREBY CERTIFY that the money required for the appropriation of funds for the purpose set forth in the attached resolution is available in the Treasury, or is anticipated to come into the Treasury, and is otherwise unappropriated. /~-~• Amount $-- ~ ~ ~ f ~ Fund ~~ /,~¢ ~ sad /"'~~ ~ ~, /~', j 1~.~ Purpose ~/lAf`-~rT./df ~-F ~ ~y ~~~ /C' ~~~n ~ ~TP ~s Finance O ficer The City of Chula Vista Date ~ _ T','/ ~-~`~' BY Certification of Unencumbered Balance I HEREBY CERTIFY that the indebtedness and obli~- ation to be .incurred. by the contract or agreement author- ized by the attached resolution can be incurred without the violation of any of the provisions of the Charter of the City of_ Chula Vista, or the Constitution or the laws of the State of California, that sufficient monies have been appropriated for the purpose of said contract, that sufficient monies to meet the obligations of the contract are actually in the Treasury, or are anticir~ated to come into the Treasury to the credit of the appropriation from which the same are to be drawn, and that said monies now actually in the Treasury, together with the monies antic- ipated to come into the Treasury, to the credit of said appropriation are otherwise unencumbered. Amount Not to Exceed $ Finance Of_ f icer The City of Chula Vista Date Fund Purpose Bidder By Dept./Activity Certificate No. i /~- ~L-'~