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HomeMy WebLinkAbout07443 ORD - 12/23/1964'ILL �i JKH:12 -21 -64 TEXAS: AN ORDINANCE APPROPRIATING OUT OF N0: 295 STORM SEWER BOND FUND THE SUM OF $8,144.10, OF WHICH AMOUNT $8,017.50 IS FOR THE ACQUISITION OF RIGHT OF WAY FOR PARCELS NOS. 1 AND 5, SAID PARCELS BEING MORE FULLY DESCRIBED HEREINAFTER, AND $126.60 IS FOR TITLE EXPENSE, RECORD- ING FEES AND RELATED COSTS THERETO, ALL APPLICABLE TO SCHANEN DITCH RELOCATED, PROJECT NO. 295 -64 -37.1; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR ACQUISITION OF SAID RIGHT OF WAY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THERE IS HEREBY APPROPRIATED OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $8,144.10, OF WHICH AMOUNT $8,017.50 15 FOR ACQUISITION OF RIGHT OF WAY FOR PARCELS NOS. 1 AND 5, SAID PARCELS BEING MORE FULLY DESCRIBED HEREINAFTER, AND $126.60 IS FOR TITLE EXPENSE, RECORD- ING FEES AND RELATED COSTS THERETO, ALL APPLICABLE TO PROJECT No. 295 -64 -37.1, SCHANEN DITCH RELOCATED: PARCEL A PORTION OF LOT ONE (1), FRACTIONAL SECTION EIGHTEEN (18), BOHEMIAN COLONY LANDS, IN NUECES COUNTY, TEXAS, AS SHOWN BY THE MAP OR PLAT THEREOF RECORDED IN VOLUME "A ", PAGE 48, MAP RECORDS OF NUECES COUNTY, TEXAS, TO WHICH REFERENCE IS HERE MADE FOR ALL PERTINENT PURPOSES; BEING PART OF THAT CERTAIN TRACT OF LAND CONVEYED BY C. B. WOODSONJO PAUL SNYDER AND WIFE, FRANCES SNYDER, BY WARRANTY DEED DATED MARCH 1, 1955, RECORDED IN VOL. 678, PAGE 136, DEED RECORDS OF NUECES COUNTY, TEXAS, THE PORTION HEREIN CONVEYED BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO -WIT: BEGINNING AT A POINT IN THE SOUTHEAST BOUNDARY LINE OF SAID LOT 11 FRACTIONAL SECTION 18, BOHEMIAN COLONY LANDS, SAID POINT BEARS N. 29° 00' E, 17.33 FEET FROM THE WEST CORNER OF LOT 8, SECTION 19, BOHEMIAN COLONY LANDS FOR A CORNER OF THE TRACT HEREIN CONVEYED; THENCE S. 88° 08, W. A DISTANCE OF 250 FEET MORE OR LESS TO THE EAST BANK OF 050 CREEK; THENCE IN A NORTHERLY DIRECTION WITH THE EAST BANK OF OSO CREEK TO ITS INTERSECTION WITH A LINE THAT IS PARALLEL TO AND 160 FEET NORTH OF THE ABOVE DESCRIBED CALL; p THENCE N. O ° 081 E, A DISTANCE OF 350 FEET MORE OR LESS TO A POINT IN THE SOUTHEAST BOUNDARY LINE OF SAID LOT 1, FOR A CORNER OF THE TRACT HEREIN..CONVEYED; THENCE S. 29° 00' W. WITH THE SOUTHEAST BOUNDARY LINE OF SAID LOT 1, A DISTANCE OF 186.40 FEET TO THE PLACE OF k BEGINNING. 7443 PARCEL 5 A PORTION OF FARM LOTS ONE (1), TWO (2), FIVE (5) AND SIX (6), IN SECTION ELEVEN (11), BOHEMIAN COLONY LANDS, IN NUECES COUNTY, TEXAS, AS SHOWN BY THE MAP OR PLAT THEREOF RECORDED IN VOLUME "A", PAGE 48, MAP RECORDS OF NUECES COUNTY, TEXAS, TO WHICH REFERENCE IS HERE MADE FOR ALL PERTINENT PURPOSES, BEING PART OF THAT TRACT OF LAND CONVEYED BY C. B. WOODSON TO PAUL SNYDER AND WIFE, FRANCES SNYDER BY WARRANTY DEED DATED MARCH 1, 19551 RECORDED IN VOL. 678, PAGE 141, DEED RECORDS OF NUECES COUNTY, TEXAS, THE PORTION HEREIN CONVEYED BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO -WIT: BEGINNING AT A POINT IN THE SOUTHWEST BOUNDARY LINE OF LOT 6, SECTION 11, BOHEMIAN COLONY LANDS, SAID POINT BEARS N. 61° 321 W. 80 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 6, FOR THE POINT OF BEGINNING OF THE TRACT HEREIN CONVEYED; THENCE N. 29° 001 E, A DISTANCE OF 462.0 FEET TO A POINT FOR THE NORTHWEST CORNER OF THE TRACT HEREIN CONVEYED; THENCE S. 61° 321 E., A DISTANCE OF 345.71 FEET TO A POINT FOR THE NORTHEAST CORNER OF THE TRACT HEREIN CONVEYED; THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE ARC OF A CIR- CULAR CURVE TO THE LEFT WHOSE RADIUS IS 241.94 FEET AND CENTRAL ANGLE IS 50° 261 0911 A111N��1D WHOSE CENTER BEARS S. 28° 281 W, A DISTANCE OF 113.94 FEET TO A POINT ON A LINE THAT IS PARALLEL TO AND 80 FEET SOUTHEAST OF THE SOUTHEAST BOUNDARY LINE OF SAID LOT 6, FOR AN INTERIOR CORNER OF THE TRACT HEREIN CONVEYED; THENCE S. 29° 001 W, A DISTANCE OF 930.56 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT WHOSE RADIUS IS 367.94 FEET AND WHOSE CENTRAL ANGLE IS 16° 211 2911; THENCE IN A SOUTHWESTERLY DIRECTION WITH THE ARC OF SAID CURVE TO THE RIGHT A DISTANCE OF 105.05 FEET TO A POINT FOR THE SOUTHEAST CORNER OF THE TRACT HEREIN CONVEYED; THENCE N. 61' 321 W, A DISTANCE OF 173.71 FEET TO A POINT FOR THE SOUTHWEST CORNER OF THE TRACT HEREIN CONVEYED; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT WHOSE RADIUS IS 207.94 AND CENTRAL ANGLE OF 30° 241 2211 AND WHOSE CENTER BEARS N. 30° 351 3811 W, A DISTANCE OF 110.35 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N. 29° 001 E. PARALLEL TO THE SOUTHEAST BOUNDARY LINE OF LOT 5, SECTION 11, BOHEMIAN COLONY LANDS, A DISTANCE OF 554.92 FEET TO THE PLACE OF BEGINNING. SECTION 2. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED•AND DIRECTED TO EXECUTE REAL ESTATE SALES CONTRACT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION OF THE ABOVE DESCRIBED PARCEL OF LAND. -2- SECTION 3. THE NECESSITY TO MAKE THE APPROPRIATION DESCRIBED ABOVE AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE NECESSARY INSTRU- MENTS FOR THE PURCHASE OF THE ABOVE DESCRIBED PARCEL OF LAND SO THAT THE SCHANEN DITCH RELOCATED PROJECT MAY PROCEED WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING 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 SUCH EMERGENCY AND PUBLIC 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 PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE�DAY OF DECEMBER, 1964. THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS` _DAY OF DECEMBER, 1964: ITC ATTORNEY 21 December 1964 I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACTS AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT OF No. 295 -64 -37.1 Amount of $8,144.10 FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. � r . .. �.., arcel 1 E, 5 • C PW 2 - Form 14 REAL ESTATE SALES CONTRACT"' THE STATE OF TEXAS COUNTY OF ,NUECES' This memorandum of agreement made-and entered into by and between• Paul Snyder and wife Frances Snyder, .. -hereinafter called Sellers, of the County of CC,-- S ', State of OWD-1; 71�7/A3'f and the City of-Corpus Christi,ihereinafter,called Buyer, of..the County of Nueces,.State of. Texas,' . ,. WIT',NESS'ETH_ j .. I...-,-The Sellers, for' the "consideration•and upon the terms hereinafter set out, hereby agree to sell and convey unto.Buyer, and Bever ' agrees to buy.the following described property situated in Nueces County,• Texas,' to -wit: h TRACT Y ---ACT A portion of Lot One (1), Fractional Section Eighteen'(18), Bohemian Colony ds, In Nueces County, Texas, as rAmim by the map or pl L'_r at " thereof recorded in Volume "A% Page 4Sq Yap Records of Nueces County, Texas, to which reference is here made for all pertinent, pia- pocesj being part of that certain tract of land conveyed by C. B. Woodson to Paul Snyder and wife, Frances Snyder, by vsa—_ my deed Hated March 1, 2.955, recorded in Volume 678, Page 136, Dccd Records of Nueces County, Texas, the portion herein conveyed being, more particularly described by metes and bounds as follows, to .wit: B,,2;i nin, at a point in the southeast boundary line of said Lot 1, Fractional Section 18, Bohemian Colony Lands, said -point bear;, N. 290 00' E, 17.33 feet from the west corner of lot 8, Section 1G, Bohemian Colony lands for a'corner of the tract herein convoyed; Thence, S. 880 031 W. a distance of 250 feet more or less to t:,e east bawls of Oao Creek,,, Thence in a northerly direction with the east bank of Oso Creels to its intersection with a line that Is parallel to and 160 feet noa°ch of the " above described ca113 Thence, 11. 360 08' E, a distance of 350 feet more or less to a point in the southeast boundary line of said Lot 1, for a corner of the tract herein conveyed; ; Thence S 290 00' W with the southeast boundary line of eaid lot 1, a diatanco of 186.40 feet to the place of ingluning. TRACT 31 R A portion of Fsm iota One (1), Tto (2), rive (5) and six (6), in Seatica Eleran (11), Bohemian Colony i=da, in Nuo= Cc=ty, Te.:=*' as e„a= by mnn or plat thereol recorded 2n Volw::e "A "p Pr.� Z '.$, t'.±p 2.ecor3.- of Nu -_cew County, Toxao, to which reference 2s rare ra.2e for all pertinent purPosaa; bring pert of that tract o?' Sand convoyed by C. B. •cod=n to Paul S;v; er and wise, rr.'.nw.a Sayler by %=runty d=d d=.tca Mxeh 1, 1955, • ' mcorded in Volt= 6j8p taC{a 141, Deed Hec:ordo of 11=ce9 Co1anty, To.%=p the ry ,rtion herein conveyed beiaZ m= particularly described by a:tea and botrada as fo1lova, tc -vita °c -__ Ag -It. P- in the rcuthV0C'4 bau-40x -r 15rs or le- 6, reatsc^r 11, Eo} •. an Colony i:nn.3, c, 1.d point Ceara N. 61 32dw 80 feet 1-rc7 the southeast corner. ca 3a.id lot 6, for the point of beZ,inning of the traet herein conveyed; Mane II. 290 COO 5, a dictonee of 4:68.0 feet to a point for tho north=at cv^xer 0. tho tract :arei: c,- =myed; Tl ce S 610 32' E, a distance a 045.73, feet to a point for eM northse t corner of the tract rerein coAY."'. ed; Th:=9 in e. coutht*3terly direction alcn; Un are of a circulo:: curve to tha La:t e:Z:ose radius i; +1.(, feet e-0. central e^? .3.e 3n 5Go 26° 0,)" m ¢•arose center ixara S 260 201 11, a dictanco of 113.94 feet to a point on a Ure that is p ra3lel to and 80 feet Co'th4.'.at of t1_3 scatheart boi -nda-z j lira of anal lot 6, for an 4ntealor corner of the tract h=%aln convoyed; , Thence S 2.30 00' HI, a distance of 930.56 Seat to the point m: cur -_tc:ro of a circular curve to the risht, uboae radius is 367.94 feet =(I vhoae central anZle In 160 2l 2,)",* Thencep In a southanetarly direction ulth the are of c--id =-ve to the riSht a distance of 105.05 feet to a point, bozo tl,-- ooutbaat comer of L-a tract herein conveyed; Tkxa :cop 7p s d10tance or 173.7l feet to a point; for tbla southaoat corner of t1m tract rela convoyed; Vilna In a 4rrt1VV?4ter1;r direction salong the ara on n circulaar curvy to'tre lcof't whore relines In 207.V4 and contra-4 englo of ,3Uo 2*41 Z;" and vhoao center beas:a N. 3d' 35' �" N, a distna"co of` 110x35 feet to th�D point of tm4rency Thence, F3. 2qo 000 B par ai2-A to t�_­ 0out1,_—..at bour..dary 11w of Lot 5, Section .?q ?-on:.m Coloq 3clida, is dist=a cfi" 55492 feet,'to t1� 11sm, of 13'zis• ng IwA 2. The purchase price is 3. The Sellers shall provide at the expense of'Buyer, a Title Insurance 4 '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 i 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.' 'Al 1'taxes to be paid by Sellers up to and including the year 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 ith the Title Insurance Company or �? Title Guaranty Company the sum of vF��Q04 7,5— 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, exceptDY title defects, the'Sellers shall by 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- i r ed papers and the balance of the,cash payment are in possession of the Title Insurance CoYapany'or Title Guaranty Company'said title company will close the deal -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 d d regulatory ordinances, if any, applicable to said property. 9. Of said consideration mentioned in Paragraph 2 the sum of 500.00 Dollars is agreed to be paid to Sellers as damages • ji�i'�iwLS`�`� .�w�`'�"tSt'IY3!lRIY55ti4f1: �7!'�_YU�� ��.�. , 7,''.�i �",C �iT(dizti"�7t7'Xci',.'Xi{4{a ^� �' t '�:^3{i�r:,{:iC•a ^ C� '�3i."�'3�'0lxx�,�'�^r�.rtcX�-v zi;�.a-� • t�;��i:� s „�%C; OCR 'C�.a�.� ^�{7i5�'�'xzr'rstxirn {g.,4( � ' I b���i��Si: ���rvaa��!, �s�s�s> fi�i�, �rrrx�' sr+ e 3�•�j���•, "r,'�;•�r�x�ii ° =�'�,r 10. It is understood *'all parties hereto that phis deal is to be closed through the Title Insurance Company or Title Guaranty Company oA 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 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 bi'id either party. -3 'EXECUTED in triplicate, either co p , py of which shall constitute an original, on this the day of _ 19 ATTEST: Paul Snyder V Fiances Snyder SELLERS , \ City'Secretary ,,.,CITY OF CORPUS'CIMISTI, TEXAS ?' APPROVED AS TO LEGAL FORM THIS `' r DAY OF i9 �7 Y By City Manager lj,L4,7 City Attorney BUYER • i ', .. 1. i THE SATE OF TEXAS - COUNTY OF -NUECES BEFORE ME, The undersigned authority, on this day personally appeared j Herbert W. Whitney, City Manager of -the City of Corpus Christi, Texas, known to me i 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. I t GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of I� Notary Public in and for Nueces County, i Texas p ThE STATE OF TEXAS j 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 zhe i same for the purposes and consideration therein expressed. i - I GIVEN UNDER MY HAND AND SEAL OF OFFICE,,The the day of i 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 Paul Snyder and F=nMz Snyder 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 Frencea Snyder , wife of the said Paul. Snyder , 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, end, that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, The day of , 19 Notary Public in and for Nueces County, Texas MA lot sm" '� •. .f :a ^.•� ��.',i'F'i; ',G t. a t , mot l;urt ;, i.. yoj,> oil ' :y``• ='J�'. ^;r °"i, 'vii'` , -- k':`��., ^+ : � .A.` 1' t d' N sy tY Ono not, N calm - ''•' _ • "'!�'. �I'� .�.f.�,.[�' _.'[•i• iii; .. , ^ . i • !,v .' � /.4' �''H �': Hf .�i'i,,J ;i� ' i• !Ilvji 'J ` ij 1� / .. . ,c. , ���•��'ai;, it �;ll ��if' �' ,.A °: :;x,11, ,.; j. •t�:'a'n'i'j'tit, 9•- - ` ,10- ".!; f ^,y.; �'..:;, iii, ,•i{ �F " 1- „ .. '.f�' tom;; ',�,c; " �/' i,' jky1 i e; "` :.�, �••� ' • �,•,.j ;� a q,`?� 'M, tj',•t., ^'y'�,.,, _ .' ` ,!'• , � - / O S,�.S %' -.' :. ,,., (`:•' "SFr,:,."_ {••',:,,,,_ .q:. '''•�— is •�`1,, �i''� ?" �,',,: . 6' •;,: ,.5 Y.:~ [ ti %, ill: �.>•: .. , •(, iii, ''`1'.: ,l, rf ,'f,4: ,t .N .i� , , '• .',"�•+.rf^�Jr'v Il;'' =�' wJ �Y'atVi•'1�� -'rY J' '!, y\ ,•r �u•l�ar,r.aC'..'• {:�"j � -� �a°:N;r �.: •4�'M,:Y;:�a" "'; i, ,! 11'1 +.'�'i'�. ' \ �\ , � • ' 7, '� .•t •fit•• .:r: ..7(i � r . . • - ,1. �,�ri, It ,)±:.F� t, 1`f i(ir .' , w ml CO/RRPUS CHRISTI, TEXAS 41/ DAY OFp�Ai_ y �94 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, 1 OR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD ,JAMES H. YOUNG JACK R. BLACKMON cdo JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLL WINGiVOTE. 4 JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR f ✓