Loading...
HomeMy WebLinkAbout07753 ORD - 10/13/1965D IMS:JKH:10-6 -65 v 4 AN ORDINANCE APPROPRIATING THE SUM OF $5,'00.00 OUT OF NO. 220 STREET BOND FUND FOR THE PURCHASE OF A PORTION OF LOTS �, 1F, AND 10, BLOCK 2, MUSSETT ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND.ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER A REAL ESTATE SALES CONTRACT FOR THE PURCHASE FROM MISSOURI PACIFIC RAILROAD COMPANY OF A PORTION OF THE AFORESAID LOTS, 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 $5,300.00 FOR THE PURCHASE OF A PORTION OF LOTS 3, 4, 5, 6, 71 8, 9 AND 10, BLOCK 2, MUSSETT ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS. SECTION 2. THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REAL ESTATE SALES CONTRACT FOR THE PURCHASE OF A PORTION OF THE AFORESAID LOTS FROM MISSOURI PACIFIC RAILROAD COMPANY, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 3. THE NECESSITY TO APPROPRIATE THE AFORESAID SUM AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE REAL ESTATE SALES CONTRACT SO THAT THE PROPERTY MAY BE ACQUIRED WITHOUT DELAY 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 SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE 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 /jFFROM AND / AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE r/ DAY OF OCTOBER, 1965. ATTEST: �/iilvt �t u� / OR THE CITY OF CORPUS CHRISTI, TEXAS CI SECR ARY APPROVED AS TO GAL FORM THIS DAY OF OCTOBER, 1965: 7753 ' C I TY ATTORNEY 10/'/65 J . REAL ESTATE SALES CONTRACT ` THE STATE OF TEXAS COUNTY OF NUECES THIS MEMORANDUM OF AGREEMENT MADE AND ENTERED A NTO BY AND BETWEEN MISSOURI PACIFIC RAILROAD COMPANY1 HEREINAFTER CALLED SELLERS , AND THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION SITUATED IN NUECES COUNTY TEXAS HEREINAFTER CALLED BUYER CITY, AND IRA H. GOBBLE OF JIM WELLS COUNTY, TEXAS, HEREINAFTER CALLED BUYER GOBBLE: WITNESSETH• 1. THE SELLER, FOR THE CONSIDERATION AND UPON THE TERMS HEREINAFTER SET OUTS HEREBY AGREES TO SELL AND CONVEY UNTO BUYERS AND BUYERS HEREBY AGREE TO BUY THE FOLLOWING DESCRIBED PROPERTY SITUATED IN NUECES COUNTY TEXAS TO -WIT: , THE PORTIONS OF LOTS 3, 4, 5, 6, 7, 81 9 AND 10, BLOCK 2, MUSSETTS ADDITION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND DESCRIBED AS FOLLOWS: TRACT NO. 'I A TRACT OF LAND OUT OF LOT 3, BLOCK 2, OF THE MUSSETTS ADDITION TO THE CITY OF CORPUS CHRISTI AS SHOWN BY MAP OR PLAT OF RECORD IN VOL. A, PAGE'16, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3 FOR A ' CORNER OF THIS TRACT) ' THENCE S 81° OOl W WITH THE SOUTH BOUNDARY LINE OF SAID LOT 3, A DISTANCE OF 20.90 FEET TO A POINT FOR A CORNER , OF THIS TRACT; THENCE N 0° 18' 38,, w, 'A DISTANCE OF 97.30 FEET TO A POINT; THENCE N 4° 271 W, A DISTANCE OF 53.74 FEET TO A POINT IN THE NORTH BOUNDARY LINE OF SAID LOT 3 FOR A CORNER OF THIS TRACT, r THE N 81° 00' E WITH THE NORTH BOUNDARY LINE OF SAID LOT 3, A DISTANCE OF 1.94 FEET TO THE NORTHEAST CORNER OF SAID LOT 3 FOR A CORNER OF THIS TRACT; ' THENCE S 9° 00' E WITH-THE EAST BOUNDARY LINE OF SAID LOT 31 A DISTANCE OF 150 FEET TO THE PLACE OF BEGINNING. TRACT No. 2 • A TRACT OF LAND OUT OF LOT 4, BLOCK 2, OF THE MUSSETTS ' ADDITION TO THE CITY OF CORPUS CHRISTI AS SHOWN BY MAP . OR PLAT OF RECORD IN VOL. A, PAGE 16, OF THE MAP RECORDS - I OF NUECES COUNTY, TEXAS. SAID TRACT OF LAND BEING MORE ' PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: ' BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4 FOR A CORNER OF THIS TRACT; - THENCE N 9° 001 W WITH THE WEST BOUNDARY LINE OF LOT 4tt A DISTANCE OF 150 FEET TO THE NORTHEAST CORNER OF LOT 4 FOR A CORNER OF THIS TRACT; THENCE N 810 00' E WITH THE NORTH BOUNDARY LINE OF SAID LOT 4, A DISTANCE OF 50 FEET TO THE NORTHEAST CORNER OF • SAID LOT 4 FOR A CORNER OF THIS TRACT; i THENCE S 9° 00' E WITH THE EAST BOUNDARY LINE OF SAID LOT 4, A DISTANCE OF 83.19 FEET TO A POINT FOR A CORNER . OF THIS TRACT; THENCE S 0° 18' 38^ E, A DISTANCE OF 67.58 FEET TO A POINT IN THE SOUTH BOUNDARY LINE OF SAID LOT 4 FOR A CORNER OF THIS TRACT; THENCE S 81' ool W WITH THE SOUTH BOUNDARY LINE OF SAID LOT 4, A DISTANCE OF 39.79 FEET TO THE PLACE OF BEGINNING. TRACT No. 3 A TRACT OF LAND OUT OF LOT 9, BLOCK 2, OF THE MUSSETTS ADDITION TO THE CITY OF CORPUS CHRISTI AS SHOWN BY MAP OR PLAT OF RECORD IN VOL. A, PAGE 16, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. SAID TRACT OF LAND BEING MORE ' PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9 FOR A a 'CORNER OF THIS TRACT; ' THENCE N 9° 00' W WITH THE WEST BOUNDARY LINE OF SAID LOT 91 A DISTANCE OF 24.34 FEET TO A POINT; THENCE N 4° 27' W, A DISTANCE OF 126.30 FEET TO A POINT " • IN THE NORTH BOUNDARY LINE OF SAID LOT 9 FOR A CORNER OF THIS TRACT; THENCE N 81° 00' E WITH THE NORT H'BOUNDARY LINE OF SAID LOT 9, A DISTANCE OF 40.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 9 FOR A CORNER OF THIS TRACT; THENCE S 9° 00' E WITH THE EAST BOUNDARY LINE OF SAID LOT 9, A DISTANCE OF,150 FEET TO THE'SOUTHEAST CORNER OF LOT 9 FOR A CORNER OF THIS TRACT; THENCE S 810 ool W WITH THE SOUTH BOUNDARY LINE OF SAID LOT 9, A DISTANCE OF 50.00 FEET TO THE PLACE OF BEGINNING. , TRACT NO. 4 ` A TRACT OF LAND OUT OF LOT 8, BLOCK 2, OF THE- MUSSETTS - ADDITION TO THE CITY OF CORPUS'CHRISTI AS SHOWN BY MAP -2- 4 OR PLAT OF RECORD IN VOL. A, PAGE-16, OF THE MAP RECORDS OF NUECES COUNTY TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8 FOR A •; CORNER OF THIS TRACT; THENCE N 9° 001 W WITH THE WEST BOUNDARY LINE OF SAID LOT 8, A DISTANCE OF 150 FEET TO THE NORTHWEST CORNER OF `• SAID LOT 8 FOR A CORNER OF THIS TRACT; ' THENCE N 81° 001 E WITH THE NORTH BOUNDARY LINE OF SAID .. .4 LOT 8, A DISTANCE OF 20.20 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE S 11° 271 E, A DISTANCE OF 150.48 FEET TO A POINT . IN THE SOUTH BOUNDARY LINE OF SAID LOT 8, FOR A CORNER • OF THIS TRACT; _ n ' - THENCE S 81° OOI W WITH THE SOUTH BOUNDARY LINE OF SAID ' LOT 8, A DISTANCE OF 8.27 FEET TO THE PLACE OF BEGINNING. �£ TRACT No. 5 A TRACT OF LAND OUT OF LOT 5, BLOCK 2, OF THE MUSSETTS ' ADDITION TO THE CITY OF CORPUS CHRISTI AS SHOWN BY MAP `C OR PLAT OF RECORD IN VOL. A, PAGE 16, OF THE MAP RECORDS i • OF NUECES COUNTY, TEXAS. ._SAID TRACT OF LAND BEING MORE - ' PARTICULARLY DESCRIBED BY METES AND'BOUNDS AS FOLLOWS: ,J BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5 FOR A CORNER OF THIS TRACT; THENCE N 81° 001 E WITH THE NORTH BOUNDARY LINE OF SAID- ' LOT 5, A DISTANCE OF 8.27 FEET TO A POINT FOR A CORNER - ' 'OF THIS TRACT; THENCE S 4° 271 E, A DISTANCE OF 60.98 FEET TO ,A POINT; THENCS S 0° 18' 38° El A DISTANCE OF 22.78 FEET TO A! POINT IN THE WEST BOUNDARY LINE OF SAID LOT 5 FOR A ,fig • CORNER OF THIS TRACT; • ' THENCE N 9' 00' W WITH THE WEST BOUNDARY LINE OF SAID LOT 51 A DISTANCE OF 83.19 FEET TO THE PLACE OF BEGINNING. ' ' TRACT ND. 6 Y A TRACT OF LAND OUT OF LOT 10, BLOCK 2, OF THE MUSSETTS ' ADDITION TO THE CITY OF CORPUS CHRISTI AS SHOWN BY MAP - OR PLAT OF RECORD IN VOL. A, PAGE 16 OF THE MAP RECORDS - OF NUECES COUNTY, TEXAS. SAID TRACT OF LAND BEING MORE, • PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: '; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 10 FOR A r ' CORNER OF THIS TRACT; THENCE S 81° OO' W WITH THE SOUTH BOUNDARY LINE OF SAID LOT 10, A DISTANCE OF 1.94 FEET -TO A POINT FOR A CORNER OF THIS TRACT; o- THENCE N 4° 27' W, A DISTANCE OF 24.42 FEET TO A POINT IN THE EAST DOUNDARY LINE OF SAID LOT 10 FOR A CORNER ' OF THIS TRACT; .a�F -3 -, Y THENCE S 9° 001 E WITH THE EAST BOUNDARY LINE OF SAID LOT 10, A DISTANCE OF 24.34 FEET TO THE PLACE OF BEGINNING. TRACT ND. 7 A TRACT OF LAND OUT OF LOT 4, BLOCK 2, OF MUSSETTS ADDITION TO THE CITY OF CORPUS CHRISTIo AS SHOWN BY MAP OR PLAT OF RECORD IN VOLUME A, PAGE 16, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4, FOR A " CORNER OF THIS TRACT; ' THENCE N {q W 66.81 FEET ALONG THE EAST BOUNDARY LINE OF ' SAID LOT 4� TO A POINT ON SAID EAST BOUNDARY LINE FOR A CORNER OF THIS TRACT; ' 4 THENCE S o-18' 38^ EAST 674 .58 FEET TO A POINT ON THE S BOUNDARY LINE OF SAID LOT FOR A CORNER OF THIS TRACT; G THENCE ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 4 A DISTANCE OF 10.21 FEET TO THE PLACE OF BEGINNING. TRACT No. 8 I I i A TRACT OF LAND OUT OF LOT 5, BLOCK 2 OF MUSSETTS ADDITION TO THE CITY OF CORPUS CHRISTI' SHOWN BY MAP I OR PLAT OF RECORD IN VOLUME A, PAGE 16, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: a • i BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5, FOR A CORNER OF THIS TRACT; " THENCE N 9° WEST ALONG THE WEST BOUNDARY LINE OF LOT 5, ~ A DISTANCE OF 66.81 FEET FOR A CORNER; THENCE N 0° 181 3811 WEST 22.78 FEET TO A POINT FOR AN < INSIDE CORNER; ' i THENCE N 4° �7' WEST 60:98 FEET TO A POINT ON THE NORTH -' - BOUNDARY LINE OF SAID LOT 5 FOR A CORNER; THENCE EAST ALONG THE NORTH BOUNDARY LINE OF SAID LOT 5 , ' A DISTANCE OF 41.73 FEET TO THE NORTHEAST CORNER OF SAID' LOT 5 FOR A-CORNER; THENCE SOUTH 150 FEET ALONG THE EAST BOUNDARY LINE OF SAID LOT 5 TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE ALONG THE SOUTH LINE IN SAID LOT 5, 50 FEET TO THE PLACE OF BEGINNING. - 1 TRACT No. 9 A TRACT OF LAND OUT OF BLOCK 2 OF MUSSETTS ADDITION TO THE CITY OF CORPUS CHRISTI AS SHOWN BY MAP OR PLAT OF • RECORD IN VOLUME A, PAGE 16, OF THE MAP RECORDS OF NUECES y COUNTY, TEXAS SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS BEING ALL OF LOT 6, BLOCK 2 OF THE SAID MUSSETTS ADDITION. 'b -4- g r TRACT No. 10 A TRACT OF LAND OUT OF BLOCK 2, OF MUSSETTS ADDITION TO THE CITY OF CORPUS CHRISTI, AS SHOWN BY MAP OR PLAT OF RECORD IN VOLUME A, PAGE 161 OF THE MAP RECORDS OF 'NUECES COUNTY, TEXASj SAID TRACT OF LAND BEING MORE PARTICULARLY " DESCRIBED AS BEING ALL OF LOT 7, BLOCK 2, OF THE SAID MUSSETTS ADDITION. TRACT No. 11 A TRACT OF LAND OUT OF LOT 8, BLOCK 2, MUSSETTS ADDITION TO THE CITY OF CORPUS CHRISTI, AS SHOWN BY MAP OR PLAT OF s ' RECORD IN VOLUME A, PAGE 16, OF THE MAP RECORDS OF NUECES ' ' COUNTY, TEXAS,•SAID TRACT OF LAND BEING MORE PARTICULARLY' DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 8 FOR A = CORNER OF THIS TRACT; THENCE ALONG THE EAST BOUNDARY OF SAID LOT 8 TO THE , ' NORTHEAST, CORNER OF LOT 8 FOR A CORNER; THENCE ALONG THE NORTH BOUNDARY OF SAID LOT 8 A DISTANCE OF 29.81 FEET TO A POINT ON THE SAID NORTH BOUNDARY LINE FOR A CORNER; THENCE S 4° 271 EAST 150.48 FEET TO A POINT IN THE SOUTH - BOUNDARY LINE OF SAID LOT 8; THENCE IN AN EASTERLY DIRECTION WITH THE SOUTH BOUNDARY LINE OF SAID LOT 8, A DISTANCE OF 41.73 FEET TO`THE PLACE OF BEGINNING. 2. IT IS THE AGREEMENT OF THE PARTIES HERETO THAT THE HEREIN - ABOVE TRACTS 1,2,3,4,5 AND 6 SHALL, UPON CONSUMMATION OF THIS CONTRACT, BE CONVEYED TO BUYER CITY AND THAT TRACTS 7,8,9,10 AND 11 WILD UPON CONSUMMATION OF THIS CONTRACT, BE CONVEYED TO BUYER GOBBLE. IT IS FURTHER AGREED BETWEEN THE PARTIES HERETO THAT THE SAID BUYER CITY WILL PAY FIVE THOUSAND THREE HUNDRED DOLLARS ($5,300) OF THE PURCHASE PRICE AND THAT THE SAID BUYER GOBBLE WILL PAY EIGHTEEN THOUSAND AND ONE AND 50100 DOLLARS ($18,001.50)- IT IS FURTHER AGREED THAT OF THE EARNEST MONEY OF TWO THOUSAND THREE HUNDRED THIRTY DOLLARS ($2,330), THE BUYER CITY WILL PAY THE SUM OF ' FIVE HUNDRED THIRTY DOLLARS ($530) AND THE BUYER GOBBLE WILL PAY THE SUM OF ONE THOUSAND EIGHT HUNDRED DOLLARS ($1,800). IT IS UNDERSTOOD BY THE PARTIES HERETO THAT IRA H. GOBBLE IS THE OWNER OF A BUILDING SITUATED ON A PORTION OF SAID LOTS 5 AND 8 HEREINABOVE DESCRIBED AS BEING TRACTS 5 AND 4 RESPECTIVELY. IT IS FURTHER UNDERSTOOD THAT SAID IRA H. GOBBLE, WILL HAVE THE DUTY OF REMOVING SAID BUILDING FROM PORTIONS OF SAID LOTS 5 -5- 7 • AND S, BLOCK 2, MUSSETTS ADDITION TO THE CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS, UPON NOTICE FROM BUYER CITY BY REGISTERED OR CERTIFIED MAIL] ADDRESSED TO IRA H. GOBBLE, P. 0, DRAWER 771, ALICE, TEXAS. IT IS ' AGREED THAT BUYER CITY MAY GIVE SAID NOTICE TO SAID IRA H. GOBBLE TO CAUSE REMOVAL OF SAID PORTIONS OF SAID BUILDING LOCATED ON A PORTION OF THE LOTS HEREBY AGREED TO BE CONVEYED TO BUYER CITY BY SELLER AT ANY TIME, AND THAT BUYER GOBBLE SHALL PAY ALL ADVALOREM TAXES ON SAID BUILDING WHICH MAY BE ASSESSED UP TO THE DATE OF REMOVAL. IT IS FURTHER AGREED THAT THE DEED TO BUYER GOBBLE FROM SELLER SHALL CONTAIN THE PROVISIONS OF THIS PARAGRAPH TO BE PERFORMED BY BUYER GOBBLE AND THE FURTHER PRO- VISIONS THAT IN THE EVENT SUCH PORTION OF SAID BUILDING REQUIRED TO BE REMOVED IS NOT SO REMOVED WITHIN SIX (6) MONTHS FROM THE DATE OF MAILING SAID NOTICES THEN THE CITY MAY REMOVE THE SAME AND RECOVER THE EXPENSE OF SUCH REMOVAL FROM THE BUYER GOBBLE OR OTHER OWNER OF SAID BUILDING. 3. SELLER AGREES TO DELIVER SPECIAL WARRANTY DEEDS DRAWN IN ACCORDANCE WITH THE PROVISIONS OF THIS CONTRACTS PROPERLY CONVEYING SAID PROPERTY TO SAID BUYER CITY AND BUYER GOBBLE, AND BUYERS AGREE THEREUPON TO MAKE BALANCE OF THE CASH PAYMENT. SELLERS WARRANTY UNDER SAID DEEDS SHALL BE LIMITED TO WARRANTING AND DEFENDING THE TITLE TO THE PROPERTY CONVEYED UNTO THE BUYERS AND ASSIGNS THEREOF, AGAINST EVERY PERSON WHOSO- EVER LAWFULLY CLAIMING OR TO CLAIM THE SAME OR ANY PART THEREOF BY, , THROUGH AND UNDER THE SELLERS AND NO FURTHER, AND PROVIDED THAT SELLER'S , LIABILITY UNDER SAID WARRANTY SHALL•NOT EXCEED $5,300.00 WITH RESPECT TO BUYER CITY AND $18,001.50 WITH RESPECT TO BUYER GOBBLE. 4. ALL TAXES ON THE LAND TO BE PAID BY SELLERI UP TO AND IN- CLUDING THE YEAR 1965. 5. BUYERS SHALL, WHEN RETURNING THIS AGREEMENT TO SELLERS EXECUTED ON BEHALF OF EACH (BUYER CITY AND BUYER GOBBLE) ATTACH THERETO CERTIFIED CHECK IN THE AMOUNT OF,$2,330.00 CONSTITUTING THE EARNEST MONEY REQUIRED PURSUANT TO SECTION '2 HEREOF, WHICH EARNEST MONEY SHALL BE APPLIED ON THE CASH PAYMENT ABOVE SET OUT. WHEN DEAL IS CLOSED, THE BALANCE OF CASH CONSIDERATION SHALL BE PAID. 'SHOULD EITHER OF BUYERS FAIL TO PAY THE BALANCE OF THE PURCHASE PRICE WHEN SELLER TENDERS DEEDS, THEN EITHER BUYER SHALL BE ENTITLED TO PAY THE ENTIRE BALANCE OF PUR- CHASE PRICE AND RECEIVE PROPER CONVEYANCE TO ALL OF SAID PROPERTY. ANY'' PART OF THE EARNEST MONEY PAID BY THE OTHER BUYER AND APPLIED TO THE PURCHASE PRICE SHALL BE FORFEITED BY SAID OTHER BUYER. SHOULD BOTH OF THE BUYERS FAIL TO CONSUMATE THIS CONTRACT AS HEREIN SPECIFIED FOR ANY REASON, SELLER SHALL BE ENTITLED TO RETAIN THE EARNEST MONEY AS LIQUI- DATED DAMAGES FOR BREACH OF THIS CONTRACT, OR MAY AT ITS OPTION, ENFORCE " SPECIFIC PERFORMANCE THEREOF. IN THE EVENT SELLER FAILS TO TENDER SPECIAL ` WARRANTY DEEDS CONVEYING SAID PROPERTY IN ACCORDANCE WITH THE TERMS OF ' THIS CONTRACT WITHIN THE TIME PROVIDED HEREIN, BUYERS MAY ENFORCE PER- FORMANCE OF THIS CONTRACT BY ENACTION FOR SPECIFIC PERFORMANCE THEREOF. 6. THE BUYERS AGREE 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, _ ?. IT IS UNDERSTOOD BY ALL PARTIES HERETO THAT THIS DEAL IS TO BE CLOSED ON OR BEFORE NINETY (90) DAYS FROM THIS DATE. EXECUTED IN QUADRUPLICATE, EITHER OF WHICH COPY SHALL CONSTITUTE AN ORIGINAL, THIS THE DAY OF , 1965. MISSOURI PACIFIC RAILROAD COMPANY ATTEST: BY .SELLER SECRETARY ATTEST: CITY SECRETARY , APPROVED AS TO LEGAL FORM THIS DAY OF ,1965: CITY ATTORNEY BUYER GOBBLE CITY OF CORPUS CHRISTI BY HERBERT W. WHITNEY, CITY MANAGER BUYER CITY _7_ THE STATE OF MISSOURI COUNTY OF ST. LOUIS X BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED OF MISSOURI PACIFIC RAILROAD COMPANY, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOW- LEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID MISSOURI PACIFIC RAILROAD COMPANY AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH COMPANY FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY of 1965. NOTARY PUBLIC IN AND,FOR ST. LOUIS• COUNTY, MISSOURI THE STATE OF TEXAS Z COUNTY OF JIM WELLS X BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED IRA H. GOBBLE, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUB - ' SCRIBED 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, THIS THE DAY of 1965• NOTARY PUBLIC IN AND FOR JIM WELLS ' COUNTY, TEXAS THE STATE 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 FORE- GOING 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 THE DAY OF 1965. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS 41 .pc I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACT, AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE 'IS IN THE TREASURY OF THE CITY OF 11�� CORPUS CHRISTI TO THE CREDIT OF N0. 220 STREET BOND FUND, PRO'J. ZZO-64 -674.1 $5300.00 FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. RE TOR OF FINANC CORPUS CHRISTI, TEXAS DAY OF LAP 2/, / , 19_ `� Jam, 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, MAYOR L THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTE; DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE