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Home My WebLink About05688 ORD - 03/09/19601.011 :3 -8 -6o AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT TO PURCHASE CERTAIN RIGHT OF WAY FROM E. C. PETERSON TRUSTS FO THE SUM OF , FUNDS FOR SAID RCHASE HA NG PREVIOUSLY BEEN APPROPRIATED FOR SUCH PURCHASE IN CONNECTION WITH PROJECT NO. 220 H 1, BRAWNER STREET CONNECTION AM Ef PANE ROAD; AND DEC RING 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 AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT TO PURCHASE CERTAIN RIGHT OF WAY FROM E. C. PETERSON, TRUSTEE, FOR THE SUM OF :6,250.00, FUNDS FOR SAID PURCHASE HAVING BEEN PREVIOUSLY APPROPRIATED FOR SUCH PURCHASE IN CONNECTION WITH PROJECT NO. 220 -53 -22.1, BRAWNER STREET CONNECTION, RAMSEY TO HORNE ROAD, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AGREEMENT AS OUT- LINED HEREINABOVE SO THAT THE PROJECT MAY PROCEED WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION. AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE • CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE___� DAY OF MARCH, 1960. ATT _ MAYOR 7v THE CITY OF PUS CHRIST , TEXAS CITY SECRE iY APPROVED TO LEGAL FO THIS DAY OFD, MARCH, 1960: 1'o CITY ATTORNEY / r 97:' 11W 2 - orm l4 I REAL ESTATE SANS CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and _between hereinafter called Sellers, of the County of , State of Texas, and the City of Corpus Christi, hereinafter called Buyer, of the County of Nueces, State of Texas, W I T N E 8 S E T H 1. The Sellers, for the consideration and upon the terms hereinafter set out, hereby agree to sell and convey unto Buyer, and Buyer agrees to buy the following described property situated in Nueces County, Texas, to -wit: A trwt of land COMUnire 0.9: OMM of Iasi Mt of the ZOWU VMa walvA 'Tract an@ 1*i - a portion at two tn&W W IaW co:rMW to MW E. POW= a record im i%1. 514 page P-3 "I 4'02. 476 mu 507, Deed R-Carde of PAMOO rya TLaw, to vhich rc croncc to iurCIV wade. GAd 0.92 am tract of InW ioft MM WticusarIY 400=1W by Mte6 Ord Wx3da as i'oi],ovB3 DcGLnnjvS at tho wutherly cormr o. tbr: ^"ma Gtato Guard AS -2.447 pru- perty ae described In dwd of C. jq. Riehard= aW Job=o Pall fiobrsl- aoa to the city of CorAa Christi aw recorded lu the D,,,W Ecc=da of tauccc:, Cadnq, lea Lxh aria *11! Vol. 37! Feb.: j'* 1}+5: 02cace r, 4411 -11141 W. al�=u- tha mrthvcatrsly IIW Of O - 4 -11 rt,p to the intersection o' wild,,urrthveotulv 11m, vith the sartheset"V Th"o R 440 F 101-G wail =tUOAcr2y Line 0t Hu= R=31 21W.53 t- br-;ce 0 JV- 1. W.3� �� 4r�j'1 'j1 it. to t d _ M a cu . t (-'K OV thQ = a G circular curve vh000 center uwru S 39a i= ce Srca eaid point; Tw=a czatcriv ileac the cre at as a amuUm cwve 357.56 A. to Us-, WiM a: tansomy a aaicl am; MI,_ce 11 4114 . 441 . Lj)A.23 1`t. to a ypittt to the oa *bJeLtcrly 11M MW To= Rata Gunrd Ax=y _?roP V; belik; the scmtIm-L rly Lino of B=tun St. Tlti 30t al Gaicl �3y liw 3f HOU tW Gt. 0 45° - 27' • 21° �. .�, �i• tQ a j9CliiitU�'i %'�'ta! 2. The purchase price is__��j� 3. The Sellers shall provide at the expense of Buyer, a Title Insurance Policy, without exceptions to said title being made in said title policy, which policy shall wholly insure and indemnify the Buyer against any title defects or adverse claims thereto. Said Title Insurance Policy shall be issued through a reliable Title Insurance Company and shall be delivered to the Buyer on the date of the closing of this deal. 4. Upon the securing of the Title Insurance Policy provided for herein to be prepared by purchaser, Sellers agree to deliver a good and sufficient General Warranty Deed drawn in accordance with the provisions of this contract, properly conveying said property to said Buyer, and Buyer agrees thereupon to make the cash payment. 5. All taxes to be paid by Sellers up to and including the year 1999 . 6. All current taxes, insurance, rents, and interest, if any, are to be prorated between the Buyer and Sellers for the year 19 6Q to date of closing, except as may be herein otherwise provided. 7. Buyer has this day deposited with the Title Insurance Company or Title Guaranty Company the sum of $WAD Dollars as earnest money hereunder to be applied on the cash payment above set out when deal is closed, at which time the balance of cash consideration shall also be paid. Should the Buyer fail to consuate this contract as herein specified for any reason, except title defects, the Sellers shall be entitled to receive said cash deposit as liquidated damages for the breach of this contract, or may at their option, enforce specific performance hereof. When the executed deed and any other necessary execut- ed papers and the balance of the cash payment are in possession of the Title Insurance Company or Title Guaranty Company said title company will close the deal` -2- in accordance with its usual and customary procedure. In the event Sellers fan to tender a deed conveying said property in accordance with the terms of the contract vitbin the time provided herein the Sugar may enforce perforce of this contract by enaction for specific performance thereof: 8. The Buyer agrees to accept title subject to all outstanding restric- tive covenants and use restrictions, if any, of record,,and � all city zoning and regulatory inanoaej if any, applicable to said property - g. For and as part of the above stated consideration the parties do hereby mutually agree as follovsu A. Buyer agrees that it will open the proposed extension of Houston Street to the Public. Such extension to be done so that Houston Street viii be open and intersect vith Ramsey Street. B, Seller agrees that he will beer the actual cost of curb and gutter crosetr ruction on the right -of -way nest to his property remaining after the severance of the land hereby agreed to be conveyed to City which abutts the extension of Houston Street, Horne Road and Ramsey Street. The construction of curb and Satter on the right - of -way neat to Seller's remaining abutting property to be done by the City by the use of an independent contractor or by City forces if the City so chooses. Upon comple- tion of the curb and gutter construction on Houston Street, Horne Road sad Ramsey Street abutting the property remaining in Seller after the severance of the land hereby agreed to be conveyed to the City, Buyer agrees to secure the installation of curb and Satter by the abutting property owners on the opposite sides of the aforesaid streets and to 9ustaU a veering surface for vehicular traffio under its present street IgAWCMsnt program without anBasement of the cost of such street surface to 8e11er. C. Buyer agrees thatit will begin construction, either by independent contractor or by its own forces, of the improvements coutemplated.in this paragraph within six months from the date of this agreement, and to pu aw the project with reasonable diligence to its compistioa. It is mutually agreed, however, by and between the parties hereto that in the event that Buyer fails to begin such construc- tion within said six —+I,s period that this agreement shall be mill and void and that Buyer will reconvey the property herein agreed to be conveyed, to Seller in exchange for Seller's refunding Buyer the crib consideration of $6,950.00. 10. It is understood by all parties hereto that this deal is to be closed throw the title Insurance comer or title guaranty cow -3- f r 03 or wove dxw (60) dop &M thin date, J1. $r d cutiae herd«, SaUcro nck37rlQ_V that the, l aw read t U caftwaant end they &QIMXY sdSM thUt they Wd". dd 119A thim aLIZOMMb U wb 8iAft cn D4w uatU pni-parly Guth i:W tV the CUV CAAMIL " exomted tw the tuty Kam= of thD Cry or corpw vaAwl,t Tumn. IT. $a fYUrtlw ugaratoW bowww, tb" Aver mit e=utfy tlla ogremat vithin 90 dayn I'm the date OP COlas mcoAlm or thin a au� ebaU be cuU Ec a vsid end a0 02 tbo ys oAclona hercimbno set out vlU bind oitWr party: an orloina, on thla 'tbq,... -4-- Q�ar. �+ '- °'- 4° w � ..t'w:�..w..• AT ie city tMM7 q ki 1 -t711 1 u r +PK THE STATE OF TESAS COUNTY OF NDSCES 4 BUCIRE ME, The undersigned authority, oft this day personally appeared. Herbert W. Whitney, City Manager of the City of Corpus Christi, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated and as the Act and Deed of said City. GIVEN URM MY HAND AND SEAL OF OFFICE, This Day of 19 Notary Public in and For Nueces County, Texas THE STATE OF TEAS COUITTY OF NIECES MWCHE ME, The undersigned authority, on this day personally appeared T. �p • l • . z,.a r,,d ,�2c.t1- vJ i ]-- to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN U1MER MY HM AND SEAL OF OFFICE, This the Day of 19 Gu i 1E HALL Nol¢rY P¢U7{e 1¢ a¢S far N¢ecee Com4Y Te;¢g, Notary Public in and For lueces County, Texas TIM STATE CF TEXAS y COUNTY OF NUECES MYCRE ME, The undersigned authority, on this day personally appeared and , his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said kife of the said , Having been examined by me privily and apart from her husband, acknowledged such instnmoent to be her act and deed, and declared that she had willingly signed the some for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UZM MY BAND AND SEAT OF OFFICE, This Day of 19 Notary Public In and For Nueces County, Texas CORPUS CHRISTI —ILRAY OF� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY YO THE CITY A�PU IS T el TEXAS THE CHARTER,RULE WAS SUSPENDED BY THE FOLLOWING VOTES ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE 25*r U_` GABE LOZANO, SR. u.+ THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES ELLRoY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. n