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HomeMy WebLinkAbout05965 ORD - 11/09/1960AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A REAL ESTATE SALES CONTRACT--WITH L. E. NEAL FOR THE ACQUISITION OF THREE TRACTS OF LAND FOR SANITARY FILL, AS REQUIRED IN SANITARY DIVISION OPERATIONS, WHICH SAID TRACTS OF LAND ARE MORE FULLY DESCRIBED IN THE REAL ESTATE SALES CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING AND REAPPROPRI- ATING THE SUM OF $3,800.00110 COVER PURCHASE COSTS FROM NO. 102 FUNDS CURRENTLY BUDGETED IN CODE 501, ACTIVITY J553, SANITARY DISPOSAL; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER I5 HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REAL ESTATE SALES CONTRACT WITH L. E. NEAL FOR THE ACQUISITION OF THREE TRACTS OF LAND FOR SANITARY FILL, AS REQUIRED IN SANITARY DIVISION OPERATIONS, WHICH SAID TRACTS OF LAND ARE MORE FULLY DESCRIBED IN THE REAL ESTATE SALES CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED AND REA.PPROPRIATED FROM N0. 102 FUND, FROM FUNDS CURRENTLY BUDGETED IN CODE 501, ACTIVITY 3553, SANITARY DISPOSAL, THE SUM OF .$3,800.00 TO COVER PURCHASE COSTS OF SAID LAND FOR SANITARY FILL PURPOSES. SECTION 3. THE NECESSITY TO ENTER INTO AND EXECUTE THE REAL ESTATE SALES CONTRACT AND APPROPRIATE THE NECESSARY FUNDS FOR THE PURCHASE OF THE LANDS NEEDED FOR SANITARY FILL PURPOSES CREATES A PUBLIC EMERGENCY AHD 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 THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE SE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTE ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS / DAY OF , 1960. ATTEST -. CITY SECRET APPROVED Ai q DAY OF .Y MAYOR TO LEGAL FORM TH 1S THE CITY OF , 4960: 5''J PUS C HRI J , TEXAS PW ` Firm 14 • REAL MATS •SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between L. E. Neal hereinafter called Sellers, of the County of Nueces 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 S S E T B 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: r. , A a T S% 1 A 2.066 are tract of land out of Lot 8 $ ett= it of the ms's Subdivision of the Hoffman Tract as shown Wasp or plat of record Salta- 'k Page 28 of the Map Records of lhUeces County) Teexas. Said tract of land being more particularly described by metes and bounds as follows: Deeming at the most southerly corner of Lot 8Election 8 Pedgleps Subdivision of the Hoffman 'Tract, the intersection of the centerline of 0011ihar Road. and Greenwood Drive; Thence with the soutpast boundary line of said Lot 8 and the centerline of Greenwood Drive N28 20' E, 1120 feet to a point; Thence N 61° 1+D' W, 210 feet to a point, said point being the south corner and beginning point of the tract herein described. Thence N 61° 4o' W, 45o Peet to a point in the southeast boundary line of a tract of land owned by the City of Corpus Christi, for the west corner of this tract; Thence N 28° 20' E, 200 feet with the southeast boundary line of said City of Corpus Christi tract to a point, same being the east corner of said City of Corpus Christi tract for the north corner of this tract; Thence S 61 4o' E, 450 feet to a point for the east corner of this tract; Thence S 28° 20' W, 200 feet to the place of beginning. TRACT NO. 2 The south 1/2 of Lot 10, Lyle Subdivision of a portion of Section E, Paisley's Subdivision of the Hoffman Tract as shown by map or plat of record in Vol._ .1 Page 58 of the Nap Records of Nueces County, Texas. Save and except that,ane acre tract conveyed March 16, 1944 to the City of Corpus Christi by R. L. Faltinson, et al by deed recorded in Vol. 298 Page 4-22 Deed Records of Nueces County, T xas. TRACT NO. 3 The south 1/2 of Lot 11, Lyle Subdivision of a portion of Section E, Paisley's Subdivision of the Hoffman Tract, an addition to the City of Corpus Christi, Nueces County, Texas, as shown by map or plat of record in Vol. 1 Page 58 of the Map Records of Nueces County, Texas. in accordance with its usual and customary procedure. In the event Sellers fail to tender a deed conveying said property in accordance Frith the terms of the contract within the time provided herein the Buyer may enforce per- formance of this contract by enaction for specific performance thereof. 8. The Buyer agrees to accept title subject to all outstanding restrictive covenants and use restrictions, if any, of record, and all city zoning and regulatory ordinances, if any, applicable to said property. 'itrt'F 4.44 F•1t,T,t1,4r t iaa 4 tAl 41..1,14 t,S;T f. i.4.i.44.1I *4'1 �'iy 1,+ika91113G ^:r: ;: f1- O41•N1'• 4,0014 01,414 .4, t139a•'1i4,:T.,4A 4.414.4 4 3 4. 414 4. 40q. 0 4 ;,,1r;I400,44.,4ro40.44 , }- .;r ,6Cf.,A44.At ,Y, :r6.C. MC SLOT• t. t.f. t. C1. 14 14, 1. 9t. 144 0, 1Cttn., f• t4, fF fa91 ,9.rt,3,a1/'1:9T,1*15: ?,$;VA E,Pfa'i„i rf.,,1C r,•q,p, ►.0 i+,Ca,I tfa,}' 1, 5413'4. L. O. t, t0, E, 1C :i;T1.tJ1,r.fitit,1T:,tt1.4 T;`.►r 11*, 59. cf. 7,C1 :1'IZ o1:%. C' 1C r, 1: 1: LW.4 4% i, M414 rOCt1Ci •¢i11,1•f'1ikt.4t44i.14 :r/ i. ^t4 :f4: &14'.ObU.A1e)Tf.,f1 oil. x> _i 1i. sfr1 CacV.:, tt, f41 41, 11. t. 1.4 f:1 G1 ti :G,►r.T1r1ti.444171 tC4.1,1;2, 11.l4A41.1. 1Y{03'x.21:► ?:7 c4 •QR rt-. t.:. Pr; 6., F!{ .C,0.R,14441.44,L1t•EC.t:1 CAA t lit'4 ,C41.1a4.441014111.5,1. 11_1ct,.i't!.Y1,�r:3'9- 3'J -0.. 4 *,4:Gi.'1"Uic.f G-.P1t .(ty4..t..FC0ii.kf t 44:1, lCCSR ;Yi,TCttn.xr,1!T1J'i8l,104. O:N;•4914',0•1.14*I44. of • 1F: F41l.•" . T.T, LV IA ki, 4, c. r'-, Qr•, Vl. 6 C,6:•C4fT:14,11J,Lrrt.l.14.T! 111,4: 1: 1EO; t, i;44,1∎AA1•a;393RY+10r19A i r..1C*:r, -'1f4, • sc_ r.. i•, f., F1' c. 1:h. 1. t. f: T.G9 t.$ 414A;9.1.Yi'rs1:S1'114i,1.S 1'9.411.17. 144.l:3311. ►.1 MICEGEDAPIEIMICONEWEEIC 10. It is understood by all parties hereto that this deal is to be closed through the title insurance company or title guaranty company on or before sixty (60) days from this date. 11. By Sellers execution hereof, Sellers acknowledge that they have read this agreement and they acknowledge that they understand that this agreement is not binding on Buyer until properly authorized by the City Council and executed by the City Manager of the City or'Corpus Christi, Texas. It is further understood however, that Buyer must execute this agreement within 30 days from the date of Sellers execution or this agreement shalt be null and void and none of t .a provisions hereinabove set out will bind either party. -3- EXECUTE) 7 in trip1 ca €_�. L:zr am ;y ci which zhall constitute an origis.R1, can thi3 the _ aP dny of e s Z9 e" a ATW$T Sty Secretary APPROVED AS TO LEGAL FORM THIS DAY OF ,19 City Attorney CITY OF CORPUS C$RISTI, TEXAS BY City Manager BUMR z y Whitney ney yw s? e City at ,., »rj tj aris :iy Texan, known to roe t6 be the person wh &le ..;e la atanor ibee. to tna ;. foregling 1saa ti^ex"n-ia and acknowledged ed�,ed to u: :hat he executed the BeM 9 for the .n 1•; ��� aaa cou i¢ era'tio z? therein expressed, °std i the capacity therein stated and as the . and Deed of said City. WEN OEM MY HAND AND SEAL € F 'FiCE; TUis , 19 THE STATE OF TEXAS 0 ";OMIT OF RUECES Day of ary t or Nueces County, " Tee ONE AYE, The santiersigned author�tyy, an this day personally appeared s.g 7laace] , known tome to be the person whose name is subscribed to the foregoing instrument, and acknowledged to see that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAT. OF OFFICE, This the r Day of ' '1960 THE STATE OF TEXAS Q COUNTY OF NUECES G BEFORE ME, The undersigned authority, on this day personally appeared and 7��6 NoPublic in and r Nueces County, Texas EMIL L. KING Notary Public, In and for Nueces County, Texo➢ his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to Be that they each executed the same for the purposes and consideration therein expressed, and the said , Wife of the said Having been examined by me privily and apart from her hua and, acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This Day of , 19 Notary P1ablic in and For Nueces County, Texas CORPUS CHRISTI, TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNC I L CORPUS CHRISTI, TEXAS 19A"o 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; 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, MAYOR THE CITY OF THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. .RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO,.SR. THE ABOVr ORDINANCE WAS PASSED BY THE FOLLOII NG VOTE: ELLROY KING JAMES L. BARNARD MRS. .RAY AIRHEART JOSEPH S. DUNN PATRICKJ. DUNNE R. A. HUMBLE - GABE LOZANO, SR, S CHRIS I TEXAS