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HomeMy WebLinkAbout07104 ORD - 12/18/1963VMP :12/17/63 , AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REAL ESTATE SALES CONTRACT FOR THE PURCHASE OF A SITE FOR FIRE STATION'NO. 12, PROJECT NO. 212- 53 -1,4, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF NO. 21,2 FIRE STATION BOND FUND THE SUM OF $7,603 OF WHICH AMOUNT $7,500 IS FOR THE PURCHASE OF THE LAND AND $103 IS FOR TITLE FEES AND RELATED COSTS; AND DECLARING 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 REAL ESTATE SALES CONTRACT WITH THE OWNER OF 2.07 ACRES OF LAND LOCATED ON RAND MORGAN ROAD NEAR HIGHWAY 9 AS THE SITE FOR FIRE STATION No. 12, PROJECT N0. 212- 53 -14, A COPY OF WHICH REAL ESTATE SALES CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED THE SUM OF $7,603 OUT OF NO. 212 FIRE STATION BOND FUND, OF WHICH AMOUNT $7,500 IS FOR LAND PURCHASE AND $103 IS FOR TITLE FEES AND CLOSING COSTS, ALL APPLICABLE TO PROJECT No. 212- 53 -14. SECTION 3. THE NECESSITY TO IMMEDIATELY ENTER INTO A CONTRACT AND PROVIDE SUFFICIENT FUNDS FOR THE ACQUISITION OF THE AFOREMENTIONED TRACT OF LAND FOR FIRE STATION No. 12 CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PAGEj IT IS ACCORDINGLY PASSED AND APPROVED, THIS DAY OF /� /I c� 1963• ATT fl, r7l, I Z, THE CITY OF CORPUS CHRISTI, TEXAS "lJCITY SECRE ARY APPR VED AS TO kEGAL FORM THIS DAY OF , 196$: CITY ATTO NE 7104 . , FORM 1 THE STATE OF TEm COUNTY OF "CES X • ri REAL ESTATE SALES CONTRACT THIS MEMORANDUM OF AGREEMENT MADE AND ENTERED INTO BY AND DETWEEN W. S. HUTCHINS AND WIFE, KATHERINE HUTCHINS, HEREINAFTER CALLED SELLERS, OF THE COUNTY OF NUECE$, STATE OF TEXA$j AND THE CITY OF CORPUS CHRISTI, HERE- INAFTER CALLEO BUYER, OF THE COUNTY OF NUECES, STATE OF TEXAS, WITNES$ETH: 1. THE SELLERS, FOR THE CONSIDERATION AND UPON T)iE'TERMS HEREIN- AFTER SET OUT, HEREDY AORC£ TO BELL AND CONVEY UNTO BUYER, AND BUYER AGREES TO DUY THE FOLLOWING DEICRIBED PROPERTY 81TUATED IN NuEC£B COUNTY, TEXAS, TO -VITS A TRACT OF LAND 210 FCCT IN WIDTH AND 1430 FRET IN LENGTH OUT OF THE SOUTH 80 ACRES OF SHARE 2, LOCATED IN SURVEY MO. 416, PATENTED TO GEORGE FRANK, MARCH 17, 1909 BY PATENT NO. 459, VOLUME 37 0Y VIRTUE OF CERTIFICATE N0. 02, MORE PARTICULARLY DESCRIBED BY NETES AND POUNDS AS FOLLOWSI SE13INNINO AT THE NORTHWEST CORNER OF THAT CERTAIN 10 ACRE TRACT OF LAND CONVEYED BY W. S. HUTCHINS AND WIFE, KATHERINE HUTCHINS, TO H. H. HOWELL BY DEED DATED MARCH 20, 19371 RECORDED IN VOLUME 228, PAGE 371, DEED RECORDS OF NUECES COUNTY, TEXAS; THENCE SOUTH WITH THE CENTER LINE OF RAND MORGAN ROAD X DIS- TANCE OF 859.19 FEET TO A 00INTJ THENCE S 89° 55' 10" E A DISTANCE OF 40 FEET TO A POINT IN THE EAST RIaHT OF HAY LINE OF RAND MORGAN ROAD FOR THE NORTHWEST CORNER AND BEGINNING PLACE OF THE TRACT HEREIN DESCRIBED; THENCE S 890 551 10" E PARALLEL TO THE NORTH BOUNDARY LINE OF SAID 10 ACRE TRACT A DISTANCE OF 430 FEET TO A POINT FOR THE NDRTHCAST CORNER OF THE TRACT HEREIN DESSCRIBED$ THENCE SOUTH A DISTANCE OF'210 FEET TO A POINT FOR THE SOUTHEAST CORNER OF THE TRACT HEREIN 090CRISM THENCE N. 89° 551 10" W A DISTANCE OF 1430 FEET TO A POINT 'IN THE EAST RIGHT OF WAY LINE OF RAND MORGAN ROAD FOR THE SOUTHWEST CORNER OF THE TRACT HEREIN OPBCRIaCOJ THENCE NORTH WITH THE EAST RIGHT OF WAY LINE OF RAND MORGAN ROAD A DISTANCE OF 210 FEET TO THE PLACE OF ISEGIMNING. CONTAINING 2.07-ACRES Of LAND. P1tOY1DE0, NOWEVERS THE RE SHALL 8E EXCEPTED FROM THE ABOVE ESTATE AND RESERVED TO THE SELLERS HEREIN, ALL THE OIL, GAS AND'SULPHUR WHICH CAN BE REMOVED FROM BENEATH SAID LAND WITH - OUT ANY RIGHT WHATEVER REMAINING TO THE OWNERS OF SAID OIL, GAS AND SULPHUR OF INGRESS OR EGRESS TO OR FROM THE SURFACE OF THE LAND TO BE CONVEYED FOR THE PURP03E OF EXPLORING, DEVELOPING OR MINING OFTYHE SAME. iv o 2. The purchase price is 7,500.00 Seven Thousand and Five Mmdred Dollars and No 1100 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 1963 6. All current taxes, insurance, rents, and interest, if any, are to be prorated between the Buyer and Sellers for the year 19 64 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 $750.00 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 consumate 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 Ma s , in accordance with its usual and customary procedure. In the event Sellers fail to tender a deed conveying said property in accordance with 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. 9. Of said consideration mentioned in Paragraph 2 the sum of $3,500.00 Dollars is agreed to be paid to Sellers as er o this property. damages to JC11, --- -----� -�--- -- -_ ___.. ,_.,....._��.._.. Ac,..,.. ,,., ., _.� ...... ........ �..�... u� �... 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 (6o) 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 of 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 shall be null and void and none of the provisions hereinabove set out will bind either party. —3— a L EXECUTED in triplicate, either copy of which shall constitute an original, on this the 12th day of December , 19 63 ATTEST: City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF , 19 City Attorney - - . J. �4 6i. S. Hutchins Katherine Hutffi"" CITY OF CORPUS CHRISTI, TEXAS By City Manager BUYER Thv SPATE OF TEXAS . COUNTY OF NUECES BEFORE ME, The undersigned authority, on 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 UNDER MY HAND AND SEAL OF OFFICE, This day of 19 Notary Public in and for Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, The undersigned authority, on this day personally appeared 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, The the day of 1 19 Notary Public in and for Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, The undersigned authority, on this day personally appeared W. S. Hutchins and Katherine Hutchins 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 Katherine Hutchins W. S. Hutchins wife of the said having been examined by me privily and apart from her husband, 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, The 12th day opeeember N t Public in and for Nueces County, Texas j. B. TRIMBLE No!e7 Public, Nueces County, Texas 16 December 1963 I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACTS AGREEMENTS OBLIGATIONS OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT OF N0. 212 Fire Station Fund $7,603. Project No. 212 -53 -14 FUND FROM WHICH IT IS PROPOSED TO BE DRAWN AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. 9�4� /I D EC OR 6F A C CORPUS CHRISTI, TEXAS O DAY of , 19-0 IL 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 RESOLUTION 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 REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL, RESPECTFULLY, THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON CL, JOSE R. DELEDN -C, M. P. MALDONADO !� W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW G VOTE: JAMES L. BARNARD JAMES H. YOUNG C�- L JACK R. BLACKMON [ JOSE R. DELEON G M. P. MALDONADO c c W. J. ROBERTS W. H. WALLACE, JR.