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HomeMy WebLinkAbout06066 ORD - 02/01/1961• MW 4 -31 -61 AN ORDINANCE APPROPRIATING OUT OF STREET BOND IMPROVEMENT FUND NO. 220 THE SUM OF $32,100.00, OF WHICH AMOUNT 131,375.00 IS FOR ACQUISITION OF PROPERTY HEREIN- AFTER MORE FULLY DESCRIBED; $450.00 IS FOR CITY, COUNTY, SCHOOL AND WATER DISTRICT 1961 TAXES; 275.00 IS FOR TITLE EXPENSE, ALL APPLICABLE TO PROJECT 220 -53 -22.6, REALIGNMENT OF THIRD STREET TO CARANCAHUA AT HANCOCK; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREE- MENT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION FROM TEXACO, INC., OF A PORTION OF LOTS 12, 13, 14, 15 AND 16, BLOCK 2, BAY TERRACE, ADDITION TO THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY DESCRIBED IN SAID MEMORANDUM OF AGREEMENT, A COPY OF WHICH 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. THERE IS HEREBY APPROPRIATED OUT OF No. 220 STREET BOND FUND THE SUM OF $32,100.00, OF WHICH AMOUNT $31,375.00 IS FOR ACQUISITION OF PROPERTY FROM TEXACO, INC., $450.00 1S FOR CITY, COUNTY, SCHOOL AND WATER DISTRICT 1961 TAXES, $275.00 IS FOR TITLE EXPENSE, ALL APPLICABLE TO PROJECT No. 220 -53 -22.6, REALIGNMENT OF THIRD STREET TO CARANCAHUA AT HANCOCK. SECTION 2. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A MEMORANDUM OF AGREEMENT WITH TEXACO, INC., OWNER, FOR THE ACQUISITION OF A PORTION OF LOTS 12, 13, 14, 15 AND 16, BLOCK 2, BAY TERRACE ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, ALL AS MORE FULLY DESCRIBED IN THE MEMORANDUM OF AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 3. THE PUBLIC IMPORTANCE OF MAKING FUNDS AVAILABLE FOR THE PURCHASE OF THE NECESSARY PARCEL OR TRACT OF LAND AND THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH THE OWNER OF SAID LAND SO THAT THE PROJECT OF REALIGNMENT OF THIRD STREET MAY BE BEGUN AS SOON AS POSSIBLE 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 6066 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 A AG , IT IS ACCORDINGLY PASSED AND APPROVED THIS / DAY OF , 1961. ATTEST: APPROVED AS 0 LEGAL FORM THIS t.ILDAY OF , 1961: CITY ATTO•E MAYOR CHRIST TEXAS CITY OF CORPJ,IS , AS • • I145SJKH:20- 255 -60 REAL ESTATE SALES CONTRACT TNE STATE OF TEXAS 4 COUNTY OF NAECES f THIS MEMORANDUM OF AGREEMENT MADE AND ENTERED INTO BY AND, BETMEEN TEXACO INCORPORATED, HEREINAFTER CALLED °SELLEASIj WHETHER ONE OR MORE* OF THE COUNTY OF * STATE OF *LAND THE CITY OF CORPUS CHRISTI* HEREINAFTER CALLED °BUYER", OF THE COUNTY OF NUECES, STATE OF TEXAS* WLTNE52ETH: 1. THE SELLERS* FOR_ THE. CONSIDERATION ANS. UPON -THE TERMS HEREINAFTER SET ,OPT* HEREBY AGREE TO SELL:AND CONVEY UNTO BUYER AND .BUYER HEREDY AGREES 10 BUY* ACCORDING TO THE TERMS AND AGREEMENTS SET OUT HEREIN* THE FOLLOWING DESCRIBED PROPERTY SITUATED IN 1'1UECES COUNTY* TEXAS* TD -WIT", A TRACT Of LAND OUT OF LOTS 12 *. 13* 11, 15 AND 16* BLOCK 2, BAY TERRACE ADDITION TO THE CIT7 Or CORPUS CHRISTI AS SHOWN BY MAP OR PLAT OF RECORD IN YOL. A* PAGE. 23 OF THE- MAP-RECORDS or.UUECEs COUNTY* TEXAS. • SAID TRACT OF LAND BEING MORE PARTICULARLY bEBCRIBED BY METES AND - BOUNDS AS.£OLLOWSS BEGINNING AT THE NORTHWEST COR,:ER OF THAT CERTAI.R • TRACT OF LAND CONVEYED BY JOSEPH C. OILLARD9.ET-AL,' TO C. M. %DUNE BY DECD DATED AUGUST. 222, ,1952,. AiiD' •RECORDED IN VOL. 563, PAGE 141 OF THE DEE0 Or NUECCS COUNTY* 'TEXAS;' THENCE S 3° 101 E: WITH THE WEST•BOUNDARY LINE OF... SAID BROWNE TRACT AND THE CAST GOUNDARY LINE OF TEXACO 1NCORPORATED'TRACT, A DISTANCE OF 21.89 FEET TO A. POINT FOR A CORNER OF THIS TRACT; THENCE 2 36° 50. 13" W. A DISTANCE OF 66.73 FEET TO THE POUIT.OF CURVE DV A GIRCIJLAR•CURVE TO THE:LEFT HAVING A RADIUS OF 112 FEET ARO A. CENTRAL AGLE OF 24° 27,.48 °p THENCE IN A SOUTHERLY DIRECTION ALONG THE ARC OF SAID CURVE A'DISTANCE CF 47.82 FEET TO ITS INTERSECTION WITH THE WEST LINE OF SA1D BLOCK 2, BAY TERRACE ADDITION FOR A'CORNER'OF THIS,TRACT1 - THENCE N. 3 °.101 W. WITH-THE .WEST' BOUNDARY.LINE-OF SAID BLOCK 2, BAY TERRACE ADDITION A DISTANCE OF 115 FEET TO THE PRESENT SOUTH DOUNDARY -NINE OF HASJCOCK STREET FOR CORNETT OF THIS TRACT; .. - • • THENCE N. 86A 501 E. WITH THE PRESENT SOUTH 'BOUNDARY LINE •OF HANCOCK STREET A DISTANCE OF 65 F£ET TO THE PLACE Or BEGINNING, INCLUDING ONLY SUCH IMPROVEMENTS AS ARE NOT REMOVED WITHIN 30 DAYS FROM DATE OF FILING OF DEED. 2. THE TOTAL PURCHASE PRICE IS $31,375.00, WHICH PRICE SELLERS AGREE TO ACCEPT AS FULI..COMPENSATIQN FOR THE PROPERTY HEREINABOVE QEBCRIBED AND FOR ANY OUTSTANDING LEASEHOL 0 INTERESTS, IF ANY, AND FOR ALL DAMAGES TO THE REMAINDER, 11; ANY,., AND INCLUDING ALL IVPROVEMENT' AND•FIATURES LOCATED THEN 0:i OR PARTIALLY THEREON EXCEPT THOSE IMPROVEMENTS AND FIXTURES AS MAY GE DESIGNATED OELOW. 4CLLcao MAY RETAIN:THE FOLLOWIUG L$STE0 IMPROVEMENTS AND/OR FIXTURES, To -WIT: BUILDINGS, GASOLINE PUMPS, UNDERGROUND STORAGE TANKS AND PIPES,- IF SUCH IMPROVEMENTS AND/OR FIXTURES ARE REMOVECI,FROH THE, PROPERTY.DESGRIDED IN PARAGRAPH 1, WITHIN THE TIME HEREIN 'ET OUT. SELLERS SPECIFICALLY AGREE TO REMOVE THE ABOVE LISTED D- IMPROVE .RENTS, WHICH ARE BEING RETAINED DY $£LLti.R3, ONi, OR, BEFORE 30 DAYS FROI;Y .• DATE THAT SELLER'S DEED IS FILED FOR RECORDATION, OR THE DATE PROVIOEO'; IN THE OECD, WHICHEVER I3 SOONER. SELLERS FURTHER AGREE'THAT 1F -THEN . \ FAIL TO ItCMoVL. SAID IMPROVEMENTS OH OR BEFORE THE: 'SATE MENTIONED ABOVE, \ THAT TITLE TO SAID IMPROVEMENTS WILL, ON SAID DATE, PEST IN THE CITY oF'. CORPUS CptIST9,, AND SELLERS SHALL HAVE NO FURTHER RIGHTS, T(TLC, CLAIM OR INTEREST AN,AND TO SAID IMPROVEMENTS UCiLESS. AN EXTENSION OF :TIME IS G1lVEN �^ TO SELLERS SY BUYER IN WRITING. 11 3. SIT-LER* {UNDERSTAND THAT•OVYER SHALL: GOTAIU, AT THE . EXPENSE 01' THE CITY Cr CORPUS CHRISTI, FOR THE DENEFIT OF THE•CIT:' OF CORPUS :CHRISTI, A TITLE INSURANCE POLICY, WITHOUT EXCEPTIONS TO SAID TITLC DEING MADE IN SAID TITLE POLICY, EXCEPT THOSE EXCEPTIONS PERMITTED OY THE CITY OF CORPUS CHRISTI, WHICH POLICY SHALL. WHOLLY INSURE AND INDEMNIFY THE CITY OF CORPUS CHR .STI AGAINST ANY TITLE DEFECTS:OR ADVERSE CLAIMS THERETO. SAID TITLE INSURANCE POLICY SHALL BE ISSUED THROUGH THE TITLE INSURANCE COMPANY SET OUT &FLOW, AND SHALL ac DELIVERED TO THE CITY OF CORPUS CHRISTI ON THE DATE 07 THE CLOSING 07 THIS DEAL. IF THE TITLE INSURANCE COMPANY FINDS -' THAT •CEt3TAIN CURATIVE WORK it NECESSARY BEFORE•A TITLE POLICY WITHOUT, EXCEPTIONS CAN DE ISSUED, BUYER HAO THE mar HEREUNDER TO PERFORM SUCH CURATIVE WORK AT SELLERS' EXPENSE, AND THE TITLE INSURANCE COMPANY SHALL DEDUCT THE COST OF SUCH CURATIVE WORK FROM THE PURCHASE .PRICE UPON CLOSING. HOWEVER, IT IS EXPRESSLY AGREED THAT WHEN, CURATIVE WORK 19 FOUND TO BE NECESSARY, BUYER HAS THE OPTION AT ANY TIME THEREAFTER TO CANCEL THIS CONTRACT WITHOUT PENALTY. THE DATE FOR CLOStNC OF THIS DEAL PROVIDED IN -.PARAGRAPH '9 HERE05 SHALL DE, EXTENDED Ip CURATIVE MORK 19 REQUIRED Tr THE AMOUNT OF TIME REASONABLY REQUIRED TO ACCOMPLISH SUCH CURATIVE WORK, IT i5 UNDERSTOOD BY THE PARTIES HERETO. THAT THIS SALE IS CON - TIHGEHT UPON THE ISSUANCE OF A TITLE INSURANCE POLICY BY THE HEREIN MENTIONED TITLE COMPANY WITHOUT EXCEPTIONS TO SAID TITLE BEING MADE IN' 9A10 TITLE POLICY, EXCEPT THOSE PERMITTED DY THE CITY OF.CORPU9 CHRISITI4 4. 'UPON THC SECURING or THE TITLE INSURANCE POLICY PROVIDED FOR HEREINA@OVEy SELLERS AGREE TO DELIVER A GOOD AND SUFFICIENT GENERAL WARRANTY DECD, DRAWN 111 ACCORDANCE WITH THE PROVISIONS OF 7H15 CONTRACT, PROPERLY CONVEYING SAID PROPERTY TO THE CITY OF CORPUS: CHRISTI. 5. ALL TAXES BOTH DELINQUENT AND FOR THE PORTION OF CURRENT YEAR WHICH HAS EXPIRED AT THE TIME THE CLOSII!6 OF THE DEED ARE TO DE PAID, BT ; SELLERS AND THE TITLE COMPANY MAY WITHHOLD A SUFFiCIENT5W4 OF MONEY FROM THE ABOVE STATED CASH CONSIDERATION TO PAY SAID TAXES. =CURRENT YEAR SHALL BE THE YEAR IN WHICH THIS SALE IS CLOSED. 6. BUYER HAS THIS OAT DEPOSITED Wi7HTNE STEWART TITLE COMPANY THE. SUM OF II3,137.50, AO. EARNEST MQNEY.HEREUNDER70 8£ APPLIED ON TMe -CASH PAYMENT ABOVE SET OUT WHEN THIS DEAL I5 CLOSED, AT WHICH TIME THE BALANCE 07 THE CASH CONSIDERATION SHALL ALSO DE PAID. SHOULD THE BUYER FAIL 70 CONSUMMATE THIS CONTRACT AS, HEREIN SPECIFIED FOR ANY REASON,- EXCEPT BECAUSE OF TITLE DEFECTS, AND /OR - CURATIVE WORK, THE SELLERS SHALL BE ENTITLED TO RECEIVE 90.10 CASH DEPOSIT AS LIQUIDATED DAMAGES FOR THE BREACH OF THIS CON - TRACTy DR MAY AT THEIR OPTION, ENFORCE SPECIFIC PERFORMANCE HEREOF. WM6 -3- 7 • TH -'_ EncUTEQ DEED AND A.NY OTHER NcceSSA"Y EXECUTED_ PAPERS, Ar7D 711E BALA NCE OF THE ,7449H pAyUEN7 ARC IH PQSSESSi OH or THE STEWART TITLE CQNPANY, SAID' TITLE CO:PAtIY WILL CLOSE THC DEAL IN AGCORDANCE WITH ITS USUAL AND CUSTOMARY PROCEDURE'.. IN THE EVENT S =LEERS FAIL TO EXECGTE A. DEED CONVEYING SAID PROPERTY IN - ACCORDANCE WITH THE .TERNS OF THE CQNTRACT•WtTHWN THE TIME. PROVIDED HEREIN* THE BuYCR MAY ENFORCE PCRFORHAN E OF THIS CONTRACT BY. AN ACTION FOR SFECIFIC PERFGRIIANCE THEREOF. 7• THE Bu1ER ADP:Es TD ACCEPT TI7L.E JUO.IECT TO RESTRICTIONS SAVE ANU'.EXCEPT THOSE RESTRICTIONS WHICH CAUSE LOSS,, DEROGATION OF TITLE 'OR' DA11AGES.FOR BREACH THEREOF. 3. SELLERS AGREE TO VACATE AND DELI-9ER POSSESSION TO OUTER Du OR BEFORE Go DAYS FROM DATE SELLERS' DEED tS FILED FOR. RECORDATIDN OR THE DATE PROVIDED IN THE DECD, WHICHEV.`R IS SEDNER. g. IT IS UNDERS700D OT ALL PARTIES HERETO THAT THIS DEAL IS TO or CLOSED THROUGH THE STEWART TITLE COMPANY on OR DEFORE 30 DAYS PROM THE DATE OF CXE,EIoI0u i3Y BUYER, EXCEPT AS SUCH IIIGHT.HE'EXTEf1DED FOR A CCOMPL15UIEUT OF cuRATIvE 4lDRI :. 10. BY SCLL:-:R9' EXECUTION HEREOF, SELLERS ACKNOWLEDGE THAT THEY HAVE READ TIiI9 AGREEMENT AND THEY ACKNOWLEDGE THAT THEY UNDERSTAND THAT THIS AGREEMENT IS NOT BINDING ON BUYER IF AND .UNTIL PROPERLY AUTHORITEO BY THE.CITY 'COUNCIL AND EXECUTED BY THE CYTY i1nikaEH DF THE CITY OF CORPUS CHRISTI, TEXAS; AND tT 15 FURTHER AGKNQWLE) THAT THE ONLY AGiCC E`ITS OR REPRESENTATIONS AFFECTING THIS A. RELi4 T ARE THOSE CONTAINED HEREIN. -_ EXECUTED In TRIPLICATE, EITHER COPY Q7 WHICH SHALL CQIVSTITUTE AN ORIGINAL, ON THIS THE DAY Or , 1966. TEXACO INCORPORATED ATTEST: BY SELLERS ATTEST: CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY 47 , 1960; CITY ATTDFRbIL'Y BY II_GQERT ',d. WHITNEY CITY MANAGER OUYER BEFORE IE, THE UNDERSIGNED -AtJTNORITY,, ON TNti DAY PERS0NAL{,Y . APPEARED •HERBERT Ii. WHITNEY CITY MANAGER .DF:TRE .CiT7-OF CORPUR- CNRIStI, :JEW, •KNOW TO °NE -TO AC. THE PERSON WH04E NANE.is saBSCRDRED TO THE fOREGOING IN$TRUNENT'AND ACKNOWLEDUED TO'HE THAT NE EXECUTED THE SANE FOR THE.10URPOSES AND CONsIDERATION'THEREIN EXPRESSED+ AND,IN_TNE.CAPACITY - THEREIN 9TATED AND AA ;THE.- ,ACL.AND DEED OF !Am CITY, GIVEN UNDER Ti HAM AND SEAL OF OFFICEp TNI6 DAY OF THE STATE OF TEXAS EOUNTY OF BEFORE ME H0TARY "PUULIE 114 AND +T)11 : tUECCD COUNTY, TEKAO INC UNDERSIGNED AUTHARITT, ON TH18 DAY PERSONALLY APPEARED PRE$tD.NT 'OF THE TEXACO INCORPORATED, KNOWN TO NE TD DE THE' PERSON,' AND OFI10ER WNOSC NAMt iB SUBSCRIDED 70 THE :- 'BOREDOIND'IN$TRUMENT AND•ACIINDWLED Ep TO ME THAT THE UANEWA9 THE or:,_ THE SAID TEXACO INCCRPDHATEDA,'A CORPORATION AND TNAT'ME £ZECUTED THE ' UM A$ THE ACT OF IUCH CORPORATION FOR THE PURPOg.£o AND CONSIDERATION THEREIN EAPIE6SED'AND IN THE CAPACITY'THEREiN STATED. GIVEN UNDER "MY" NAND AND SEAL OF OFFICE, TN1S .:DAY OF ! 1+960. NOTARY PUBLIC IN AND VOR_'- TEXAS ' cOUNTYy- -. i • 8888 -25 -60 24 January 1961 I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACT. AGREEMENT. OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE 15 IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT OF No. 220 Street - $32,100.00 - Project 220 -53 -22.6 FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. DIRECTOR OF FINANCE 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, MAYOR THE CITY OF /CARPUS CHRIS I, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. -RAY AIRNEART JOSEPH B. DUNN PATRICK J. DUNNE R. -A. HUMBLE GABE LOZANO,.SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD HAS. RAY AIRNEART JOSEPH!. DUNN PATRICK J. DUNNE R. A. HUMBLE - GABE LOEANO, SR.