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Home My WebLink About06119 ORD - 04/19/1961OJKH:3-13-61 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND T STATE OF TEXAS FOR ALL OF LOT 1 AND ALL THAT PORTION OF LOTS 2, 1, 4, 5, 25 AND 26 LYING SOUTH OF THE SOUTH BOUNDARY LINE OF BUFFALO STREFT, ALL IN BLOCK 21, HILLCREST ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE SUM OF $10,500.00, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING AND DIRECTING THE CITY MANAGER TO CARRY OUT THE PROVISIONS OF SAID AGREEMENT, INCLUDING THE_ EXECUTION AND DELIVERY OF A PROPER DEED TO THE SAME JIM. THE PAYMENT OF THE CONSIDERATION BY THE GRANTEE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR- ING 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 TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A MEMORANDUM OF AGREEMENT WITH THE TEXAS HIGHWAY DEPARTMENT PROVIDING FOR THE TERMS AND CONDITIONS OF CONVEYANCE BY THE CITY OF CORPUS CHRISTI TO THE STATE OF TEXAS FOR THE SUM OF $10,500.00, OF ALL OF LOT 1 AND ALL THAT PORTION OF LOTS, 2, 3, 4, 5, 25 AND 26 LYING SOUTH OF THE SOUTH BOUNDARY LINE OF BUFFALO STREET, ALL IN BLOCK 21, HILLCREST ADDITON, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID LAND BEING MORE PARTICULARLY DESCRIBED IN THE COPY OF MEMORANDUM OF AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO CONSUMMATE THE SALE OF SAID PROPERTY BY EXECUTION OF A DEED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CONVEYING SAID PROPERTY TO THE STATE OF TEXAS, ACCORDING TO THE TERMS OF MEMORANDUM OF AGREEMENT AND DEED, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 3. THE FACT THAT IT IS TO THE BEST INTEREST OF THE CITY TO CONVEY THE SAID PROPERTY FOR A CONSIDERATION TO THE STATE OF TEXAS FOR ITS USE IN A PUBLIC ROAD PROJECT 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 6111,9 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 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE / f DAY OF APPROVED AS TO LEGAL FORM THIS / f DAY OF GC/ t✓r , 1961: CITY TO NEY , 1961. 7 41 MAYOR / THE CITY OF CORPUS CHRISTL, TEXAS HAWN COMMISSION CHARLES P. TEXAS HIGHWAY DEPARTMENT H A L W O O D W A R D A U S T I N Id, T E X A S MEMORANDUM OF AGREEMENT County of Nueces Interstate Highway 37 Account NO. 9016-12 -4 Parcel No. ATE NMNw r ENGINEER D. C. GREER IN REPLY REFER TO FILE NO. ise 41 or ^w,; a ^- _ e z it9_ad Wafter go coup= fillt ru- .. ho a ii* it per e g w. to the point that you have indicated a willingness to sign a deed in return for payment as agreed to in our previous discussions. It is thought to be in the best interests of both you and the State of Texas to confirm this agreement in order to avoid any possible misunderstanding as to the details of the purchase or process by which the State will make payment. The property being acquired from you consists of The right of way bearchased by the State has been thoroughly explained. The payment of $_ n uas herein agreed to will constitute full payment to be made by the State and includes compensation for damages, if any, to any remaining property owned by you. You and the State have agreed to the following provisions: 1. That you will execute a general warranty deed to the State of Texas conveying a clear title free of all defects, liens and encumbrances, except that oil, gas, and sulphur is reserved to you as provided in the deed. . 2. That you will pay all delinquent taxes due upon this property, and for the required Federal Revenue Stamps to be affixed to the deed. 3. Payment of taxes, liens and encumbrances, if any, and any other expenses of title are to be withheld from the purchase money and paid by the closing agent. 4. The State will pay for a policy of title insurance and for recording the deed, other expenses of clearing or perfecting your title to be borne by you, including recording fees for other necessary recorded instruments. All of lot $o. See 0.) ra.4 ell that palm of Lots Se itiree W. roar (4,4 ries 49? z t n 45) fed *t77 -sa (26? Wog South of tie South boeheiery Line of Miele .Lo the City ofCava eaurliel I$• 533. fl aka Nos Tesoty by( tt. Lo Orden" ehown itcp item* of • adl that esetele Weeder tit bombe on the forth by o a�-- �ro faot.r suds aimd on sts�3,y�by mall imeovestate page Two MEMORANDUM OF AGREEMENT (CONTINUED) 5. It is expressly understood that you will surrender, give up and deliver possession to the above described premises by Lath 1.5,0 19 . , subject to such written extensions as the State may grant. You expressly agree and consent to the inspection of the improvements, if any, on the above described premises while in your possession by prospective purchasers of such improvements. In consideration of such continued possession, you have agreed to give the State Highway Department five (5) days notice of the date you intend to vacate and to stand responsible financially for any loss of value to this property resulting from fire, theft or vandalism, (a) while you retain possession, and (b) after you vacate if you do so w ithout giving such notice; such loss of value to be determined by the State. The payment of the amount herein stated end the terms herein provided constitute the only consideration and conditions of this purchase, and no other consideration or conditions have been promised or implied. It is suggested that you carefully review the proposed right of way deed and satisfy yourself as to its provisions. lath your signing of this letter and the execution of the deed, the State will proceed with the issuance of a State warrant, which will be made out jointly to the owners of the property and to Guaranty Title Insurance Company, of Corpus Christi, Texas. This company has been d eaignated as the Staters closing agent and is responsible to see that the State obtains clear title. The closing agent will not endorse the warrant and make payment until clear title is secured. At the same time, you have the right not to endorse the warrant and accept payment until you are fully satisfied on all details of the transaction. CORRECTS Yours ply truly,, Rlgbt of way Agent( Texas Highway Department District Engineer Texas Highway Department I (we) fully understand the Texas Highway Department's proposal as contained in the above letter and agree that my (our) execution of the right of may deed is based on this understanding. ZOOM MEM Cit$ APPRI qv AS 7LECAL FORM CITY ATT�' (Pos. 01.) fierbort City itionirear (Date) ,19 exas Highway Department Form D -15 -11 DEED Parcel 20; G. F. 84,511 CONTROLLED ACCESS HIGHWAY FACILITY STATE OF TEXAS County of Nueces - WHEREAS, the State Highway Commission has been authorized under House Bill 179, Acts of the 55th Legislature, Regular Session, 1957, to purchase land and such other property rights deemed necessary for the purposes of facilitating the con- struction, maintenance and operation of Controlled Access Highways; and, WHEREAS, the purchase of the hereinafter described premises has been deemed nec- essary by the State Highway Commission for the purposes of facilitating the con- struction, maintenance and operation of a Controlled Access Highway facility; KNOW ALL MEN BY THESE PRESENTS: That The C;tyr.£ Corpus Chriat14 Texas. a Municipal Corporation, acting ty ass through Herbert 4. dhitney, its City Manager, of the County of Nueces, 3 ^rce of Texas_ •ereunto duly authorized by ordinance of the council of sa's City as evidenced by certified copy thereof hereto attached, marked Fxhit',, and made a part hergnf of the County of i''ueces , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of ^, Fives Hnndrr:d and nu /HIU (D19.',00.00) -DOLLARS, to Grantors in hand paid by the State of Texas, acting by and through the State Highway Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day sold, and do by these presents grant, 'rargain, sell and convey unto the State of Texas, all that certain tract or parcel ,f iarn situate in the County of Iaeces , State of Texas. sin being more particularly described as follows, to -wit: � ) ( 1 airs ��i that Tnrtinn el' 1 Lots s � • (l), Toree (, (,5) ass Twen- u) iyin_ n of the lo.., the Corpus Christi, Texas, all - I, ar addition '.he City of C r Christi, Tex,,. oreaf now of reco-i in Volume 3, t ,, e 30 of the t- Fe:, all t,ha'i certain Le anyu ar tract bounord si, a Easterly side by Peabody ,„neet on its ._ C Lot No. Car ;I t' t lifa:is of HILL y the Rap or Fla ueces County, Te• North 'cc Buffalo .it rsrt -1- 174,1 • �Se Nc perm eal d for said G ,�. to be th+ iy me pri' CORPUS CHRISTI, TEXAS / f DAY OF TO TIE MgMBERS OF TIE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF TNE FORE - QOING 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 18 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SMALL BE READ AT TNREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS TNIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT TNE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE= Ben F. McDonald EUMEMORI Tom R. Swantner VaBOOLVOCEBYMM Dr. James L.Barnard MaYYMUMLIMBFat Jose R. DeLeon jtayifillaPCMA M.P.Maldonado W. J. Roberts James H. Young THE ABOVE ORDINANCE WAS PASSED BY THE Ben F. McDonald Tom R. Swantner jancippcmgmam Dr. Jamaa L.Barnard Jose R. DeLeon M. P. Maldonado MilialIMICSIM W. J. Roberts James H. Young FOLLOWINQ VOTE: