Loading...
HomeMy WebLinkAbout05689 ORD - 03/09/1960IMS:JKH:3 -7 -60 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT IN SETTLEMENT WITH PAUL K. LEFFORGE AND GUARANTY TITLE AND TRUST COMPANY FOR ACQUISITION BY THE CITY OF A 25 FOOT STRIP FOR USE AS A PART OF McARDLE ROAD IN THE CITY OF CORPUS CHRISTI, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; 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 AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT IN SETTLEMENT WITH PAUL K. LEFFOBGE AND GUARANTY TITLE AND TRUST COMPANY FOR ACQUISITION BY THE CITY OF A 25 FOOT STRIP FOR USE AS A PART OF MCARDLE ROAD IN THE CITY OF CORPUS CHRISTI AS MORE FULLY DESCRIBED IN COPY OF AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AGREEMENT DESCRIBED IN SECTION 1 HEREINABOVE 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 ANDTHAT 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 THE SAID CHARTER RULE ANDTHAT THIS ORDNANCE 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 PASSAGES IT IS ACCORDINGLY PASSED AND APPROVED, THIS / DAY OF MARCH, 1960. ATTEST CITYIS/:C RETA MAYOR THE CITY APplOVED AS TO LEGAL FORM THIS DAY OF MARCH, 1960: 5689 ISTI, TEXAS L `tCnamad . 4/22 /6o . T [E STATE OF 'Pty AS COUNTY OF ZAIECAS Vre.REAS, T ,CITY OF COP'U> CHrt TI, TCZ S, herainafter caned Purchaser, and PAUL '4`IEFFOr ,hereinafter called Serer, entered into a .Contract and A;recmen dated the 12th day of Decemiter, 1958 - relating to the ale and purchase O£ thirty foot (30t) strip 'of land eituated in h`ueces County, Texas; ard, WI ,taS., ati Contract; batween wad• Purcheeer, togethez? uith • • -the sum of TiaEt THO p {T, DOLL i71S (.3,0QD,QO) of PurtHaser' s moray, tens placed' is escraw with Oiaranty Title and Trust Co span yi • hereinafter called ' crew' Agent; ands WPiEREA3e the is n tr pram izrg in the 1istrict ; Court, 23th Judicial district,, tduocee CoPat ,, Texas,, Cause No. 69300 -A, entitled .w4 City of Corpus • Christi vs. Paul 'f9. Le forge et a7, "; and, WHEREAS theimatters in Contrbvorey Have teen compromised by agreement aron,A, ell of the �iartac to said Cause lie. 69300-Ap and, l�Lv}2E6Ci� the )parties to said Cause ivo. C,9jOp -A desire to ianal,'ly dispose` of all mattes 3n, controvorsy among them upon .the terris terns and oonditiena heroin eet outs H ' 110;11' Tf I O EI.r! Seller, Purchaser and Esorow Arent Contract and' a +'ee as follows, to -witz , An Order of D smissa1 of said Cause go, %9309 -A shall be prepared-by' the attorney for' Seller subject to approval-by-the attorneys for Purchaser and Escrow Agent a d Order shall- include, along, others, pronsions for diam Goal off'; said Cause Pao, f03004 with prejudice -to all parties to said caus©,and,for. assessment of one -half Yc) of the Court costa in sold cause aEainst Purchaser and assessment of the other once -half (Z) of i,he Court coats .in said Cause against, Seller, !M' rFCIitrald 14/29/60 THE ST"AIT, OF 'TF s COUNTY OF =Cal WIiE Ad, THE C1"4 4 COIIPI 9 CM1IST2,. TE2AS, hereine£"ter called Purchaser, aarid.pAUL K. IEFF'ORGL,', hereinafter, palled Seller, entoe,ed ix to a contract: and Amaanent dated the 12th day of December, 190 relating to the pale and purchase of a thirty foot (300 strip of land eitUoted in !faeces .. • County';' Tome; and, WIIE&.E.AS, said Contract between, Seller and Ptrchaser, ttolethor with the sum of TIMER THOUSAtID DOLLARS (4:3,000.00) of Purchaser's money, were placed . in escrow with Guaranty fiitle and Trust Company, hereinafter called.L ert Agent; aad, WIITRREPS, there la now pending in the Pi.stri,ct Court,23th judicial ci, strict, Nueces ., County, - Texas, Cause No. 69300 -A, entitled aTha City ofCorpus Christi. vs. Paul: K. Lef forge et aliae3 and, WHEREAS, . the 'matters in controversy have been cemproisi.sed b agreement among ell of the "parties to said .Cause tuo. 6930C)4; and,; 4•aER,>:;AS,, the parties 'to said Cause I}o. 69300.4 desire to finally die-Peep of all matters in controvorsy "nmong them upon the tarns and conditions heroin oat outs WOW Z ii F0 ?, Seller, Parcbaser and Esorow Agent Contract and ate' as follows, to-etitr •1, • An Order of „Diamissa1 of said Cause 1io,'030Q -A ehoU be prepared by'.,i; the attorney for Seller, subject to`approvn1 by the attorneys for Purehoner and Eaorow AgentR said Ordo ehall inoludu, awing, others, jvrovisions toil dis,aiesal of ©aid' Cauco t e,” 6930 -A' with prejudice to ell pat `ties to aatd, cause, and for amassment of' one..half () of the Court costa in said Cause a inst Purchaser and 49468=130 uP the other ono -half (z-) of the Court coats in "said Cause against Seller•' f a • 2. Upon: the execution of this Contract by Purchaser, Seller and Escroi8 Agent, said Order of Dismissal shell be submitted to tho Court for entry in said '- -Causo No. 0300.A as the final Judgment in paid cause. 3. Upon the terms and conditions contained in this Contract, Seller ogreee to well to Purchasor and Purchaser agreeo to buy irobi Seiler the thir07 foot -(30') otrip of land situated inNucces County,:Texos, riescribed;in the Plaintiff's Petition on file in said Cause .o. 69300.1, srabject to ell outstanding restrictive cotenants and use reatriciiaass, if Any, cf record, and all City Zoning and Regulatory Ordinances, if any, ,applicable to said thirty foot (306) strip of land. The pnrohase pricfl'of said land le muz fif0T1SAND LAIAlPr (3,000.00) cash. Purchaser has horetoforo- del'?vered to Escrow Agent so?d o-L-a of TE,, TOM i L0LLt.I S 03,Q00.00) to be' l.eid in eacr4w by Agent perdu,, the closing of said wile aid purchoso of said -thirty foot .t30') strip of land.. la. 4e33er. shall provide,. at hips own ezpenee, for the benefit of Purchasor, a title in , +ranCo policy, which" policy shall .xAPliy .nsure and in dear .fy'Purchaoer . against title defects or adverao claims to said -thirty Soot (30') strip of land, - -- subject to all outstanding restrictive cotenants and use restrietiono, iS nny1 of record, and all' coning :and regulatory ordinances of ,fee City of Corpus Clrioti, if any, applicable to said 'Shirty .mot (306 )+ strip of land. All taxes upon said thirty foot (30') Seller up to and including tho ;yen: 1959. 6. #4 dent trios, rento, ,dneurance and intoroat, irony, are to be prorated betweon,the Seller and Pvrctacor for the year 1960'to data of closing of tho sale and purchase Of said thirty foot (30') otrip aloud. strip of land to be paid by: 7. Should Purchaser bail to consumaate this "Contraot, as heiain specified, for aav reason, incept title defecto, the Boller shall be untitled to receive TW maw) GCLL hS (300.00) out of said Ti•"?:& Ii0€i.41) poL4AR (, 3'00t ).00) deposit hold by Escrow f ent• ea'liguidated damages for the breach'of thi© Contract, Cr, Seller pray, at hid option, enforce dneoiflo.perfornanco hereof.: 8. When the teed fron Seller to I 'chaser, and X27 other necessary executed p1pers and inotrunents are in possession of Escrow /Wont as heroin prov:i_d d,iEsbro:r Agent Shall clpsd tha transfer of title to paid thirty foot (3(3');Jstrip of land from Sellor to PUrohosor in acoordanbe eri,th this Contraot, and !i usual and ouotori,7ry procedure of Escrow Agent. Prior to, or simultaneously with, tho :cecution of this Contract by parties beroto, purchases' Shall delivar to'Escrow Arent the final pint of ieffora3e addition,' duly-a0 finally approved and authenticated 10 such / nxrer as prescribed by las., and the City Ordinances of the City of Corpus iChristi:, to entitle dais plat be filed for record in the plat records. o£. 1 Iruaceo County, :Pour in'.tho office of the County,Clerk of Phacero County, Texas» 10. Prior to, o: simultaireoualy with, the enecution of this Contract by the riled herata, ae0.1nr shall' deliver "to .Escrow AU=erit` a - .+arranty %oed to tuner convering to Purchaser the thirty foot (30e) etrip of land described I ifs ta® f'laintiffes petition 1., said Cause No. 69300 -A, subject to all outstanding : sti'ictiv© covenants and use restrictions, it any, Of record, and o11 City oning arid:regUlatory crdinanc'es,_if any, applicable to paid thirty foot (301)' ,:strip of land. 11∎ Prior to, or aiiultapeou,ly.uith, the exooution :of this Contract, the final plans and.. spocificationd o£_ the LeL.f ergo Addition submitted to,, tho Public Works Lepartn;ent'of the City G1 Corpus Clirioti by 'i o01etddon, a recintered Professional engineer, eha.11 be £inallf and fully acproved by the Public Works Depart^rent of the. City of Corpus Chriisti and Purchaser, • Said plat mentioned in Paragraph 9 hereoVand said Deod mentioned-in Para aph 10 hereon be held in escrow by Escrow. Agent in accordance with this Contract, and shall not become operative ar effective until n' title insurance: policy has been leaned to Pnrchaeer as herein provided. 13.' Upon, and simultaneously with, a title insurance policy being issued. to Pumhaserd as herein provided, Escrow Agent shall deliver to Seller Motioned in Paragraph 9 of thisCohtract andpay, to Seller said sUm'ef. TFOU$Ats) DOLLARS ( ":3,000.00) held in escrow by Escrow Agent, and deliver to PJreh^sor Qe_d Lecd mentioned in Paragraph 10 uf,tli? Contract, #ngether with said title insurance policy, and thereafter the, transfer of title to said :thirty root (709) stria of land by Seller to Purchaser cho11 'too 'deemed absolute and -. ▪ fully , � fec -ed. Performcrice of Para raphs 16-throuTh 21 ei the Contract is to bo had within a retieenable' time after the close a rho Bale and Bare'ese o£ ▪ Said thirty foot (30r )chip of land.' 7114 Toe'Parties uereto -aGroe that to roq Ago,--t, for o .periott of no (10) . days from date y2 thin �'Contraat, Lhe optloq '.c is$ua to i'urc':�accr.: he titla insurance policy sit de l` i or ,herein. .It ec;:o■ Agent fails to issue to Purchaser said title insurance .policy Within tan (10) days from the date of this Contract, such Yailure shall be deohed by the parties hereto .o ba at election. -. by Eserov.Agent not to issue said insurance policy, and thereafter,'end.witf , in twenty'iive (2y) day:, frets ,the' dcta of this Contract, Sell.. mad of ai' the tltlo insurance policy-- ca J,4 ud fo_ �etrein °!gym e, : c 11cr reouto*,l^ t4_t'_e insurance company doin3. business in hiuces `Oounty, Toad end .4a7;ver same to Escrow Agent aqd thereupon Escrow Agent shall proeeed:-to close the sale and purciee phase.,, of thin Contract in accordance with tho. terms of tl4B Contract. 15. In the event a title insurance policy io not iaated e Pu chase', provided for in this Contracts - ,with, thirty (30) days from the elate. of this Contract, then, in that event, Faeroe Agent shell deliver said Plat to Pure- :osor, together with the stmt of 17HREL. THpt]SAND D3LL 5 (03,G00,00) now held in escrow by Escrov Agent, and shall deliver said Deed to Se11er, and said Doed and said Plat a9 sha }3 then be of no further force or effect, and this Contract shall then becoiae null and void and of no further force or effect. 16. PurohaSor, at Pur6hacor's otn oz-onse, shall furnish and lay Concrete drain tale pipe, which Purohas'av not; hes.on hand salvaged from other street operations, in suffic_ent'quantity.for drainage at the intersections with '#cArdlo Pend and tho streets in the Leffarge Addition, es shorn en tlw Plat 'mentioned in Paragraph 9 of this Contract. 17. After Purchaser has laid„ said concrete drain tile, as provided in Paragraph 16 of this Contract, Seller, at Seller° s own expense, Shall put in the nooesearY fill to cover said concrete c rain - tile, and oondurt nucouai^rj grading operations and construct concrete curls and gutters upon :the streets in the L of r orr o Addition which intersect with : cAiae Road, in accordance with the Plana aacl Specifications mentioned in pareyraph 11 of thin Contract. 18. Upon the corrr?letion of the grading} levelling and curb end gutter works by Sa11er, -as •v ovided in this Contract, Purchaser, et its ogre e_ ;onoc,' _ shalt place surfacing material as a, ter.porary paving ( -or such other nape -"permanent tvno of paving as i-urchaotr may desire). on tho portion 'of :lie thirty Loot, (3po) ctr:ip of lard and the corresponding area of the exiatinC: t,,cArdle, Road ri ht -of- ray :as will Permit uao of said 'cArdle Road end free access fret t1cP_rdle Road into the streets in thh Lefforge Addition intersecting uith-i.cftrdle road. Seller, at hie own expense, shall lay the sewer lines for th_e LeiWerCe Addition and -rake all newer limn connections and install rant;oles, in accordance with tip Piers and Specifications mentioned in Section 11 of this Contract. purchaser, at Fvrchasoro s ezpensc, shell connect n water lino with the e4sting City water line in : :cArdle Road and lay said water line from its connection frith the e_detir_S City water lire in McArdle Road to the South boundary line of the Leaforge Addition. 21. Purchaser, at Furchaser's rnm evp4,, ,a, shall conneot Water' lines u1th existing water lines in Seuthsida Addition and ley cold *ater. linos from such conneotiona to the North boundary line of the Lafarge Addition, and emtersiorza o f said water lines shall than L-e layed from the I orth to the South boundary Um of the Lefforge Addition, and Purchaser, at Seller's aption and at Seller's e pence, will lay said water lutes froi-i the c;or,th to the South boundary lino of the Leffotgo Addition, or, Seller, at Seller a option and expense, na lay . said inter lines from the ;north to the South boundary lines. of the Lefforge Addition., In tho event Seller elects tea -have .Purchaser lay said water 1ineP rn tr1d frsza the i ;ortb to the South,boundar ;r lino of the Lefforga .ddition, then, in that, event, but only in tat event, before F.urchaaer con,:.eacca the laying of said crater lines, ,Seller shall deposit arith Fvrcf aaer tho. sum of 1I1 ,': `P.01J3A:;'J ?: ?1.ils (3,000.00) ', and trhan £urchase'r has thereafter cauleted the, laying of said water lines from the '£dorth to the South boundary lies of the e▪ fforgo Addition, Purchaser-shall fur ith Seller a written itemized state>>ent reflecting fully and accurately the actual coat to Aarchaser of laythz said w ater lines from the Korth to the South boundary lino of the teforge Addition. And, if the total actual cast thereof to Purchaser ie in os:cess of THIZZ T:IOII AND 107LF1 (;3,000.00), Seller aha31 then pay the amount's such excess to Purchaser, but, if the total actual coat to Purchaser a less than Tt1REL T101 0i4 T r3LL1J3 (0,00O.o0), ?chaser shall then pay to Geller the difference between auch total cost and said sues pF iiilii Tn0U3Am t0LLA..3 (0,000'O0)o; This Contract is intended by the parties hereto to be a full nod,coFplete novution of 'said Contract dated thc 12th day of :December, 145,^-, between Seller aad - urcha; er, and all co:a r;cth and' a re rents .totwocn -or wrpu,j any of Ins Parties hercto, _eletin& to said Contract between Sailor and curchasor dated the 12th day of DeceT17er, 1953. IIT T'E -TIMn,zY ,J7 Iltr.0F, the CI Y. 3P C ii.PJ i C trIS:' , a municipal cororat-ion, and G1L4 & ::TY TITLd Aun i!':U ;T CC:•IFJNY, a arivate corporation, have eausod these presents to to executed in their names and "behalf by their . duly -authorized. officers and attorneys, and Its Td3TII O1a tdUd i, CAUL K. LEFFOFCE has hereunto tied, Ka tams pmt aa 6ed theao proaaa s to be ,s aE ian:hie bcta3f by hie dui,y a :±ta#tzec3 ,atny, all ?•,ia. ..;,... , " '.air . 1 196D., ApuP3ti '7P) es. 39" rd1.1 „ i ti is t 390 g A 41 ris/ ■ tittorna ; tar'-Fdt[t'l 5. Le Cor Attoratty for Cuarants Titatt and ;*rust C CORPUS CHRISTI, (TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, 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; 1, 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, THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES ELLROY KING k, JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES ELLROY KING JAMES Le BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. •