The URL can be used to link to this page

Home My WebLink About08456 ORD - 05/10/19674f IMS:JKH:5 -10 -67 r z AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A SALES OPTION CONTRACT WITH THE CITY AS SELLER AND HEINAMAN -HOPE CO., AS BUYER, CONCERNING THE TRACT OF LAND,CONTAINING APPROXIMATELY 1.23 ACRES, ABUTTING SACKY DRIVE IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND DESCRIBED IN SAID OPTION SALES CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOFy IN CONSIDERATION OF THE PAYMENT OF $100.00 UPON EXECUTION OF SAID CONTRACT, GRANTING TO THE SAID HEINAMAN -HOPE CO. AN OPTION TO PURCHASE SAID ENTIRE TRACT FOR AN ADDITIONAL PAYMENT OF $2,360.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: IB SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A SALES OPTION CONTRACT, WITH THE CITY AS SELLER AND HEINAMAN -HOPE CO., AS BUYER, CONCERNING THE ,TRACT OF LAND CONTAINING APPROXIMATELY 123 ACRES, ABUTTING SACKY DRIVE IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND DESCRIBED IN SAID OPTION SALES CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; IN CONSIDERATION OF THE PAYMENT OF $100.00 UPON EXECUTION OF SAID CONTRACT, GRANTING TO THE SAID HEINAMAN -HOPE CO. AN OPTION TO PURCHASE SAID ENTIRE TRACT FOR AN ADDITIONAL PAYMENT OF $2,36o.00. SECTION 2. THE NECESSITY TO AUTHORIZE EXECUTION OF THE AFORESAID SALES OPTION CONTRACT IN ORDER THAT THE CITY OF CORPUS CHRISTI MAY ENTER INTO THE HEREIN DESCRIBED AGREEMENT CONCERNING THE SALE OF THE TRACT OF APPROXIMATELY 1.23 ACRES DESCRIBED IN THE OPTION SALES CONTRACT 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 IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE %1 8456 1 l 6 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 19 DAY OF MAY, 1967. ATTEST C Y EcRErAR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS 0 LEGAL FORM TH HE %, _DAY OF MAY, 1967: CITY ATTdRNtY SALES OPTION' CONTRACT THE STATE OF TEXAS j COUNTY .OF - ,NUECES THIS CONTRACT AND AGREEMENT EXECUTED BY AND BETWEEN THE CITY OF- CORPUS CHRISTI, A MUNICIPAL CORPORATION, ACTING HEREIN BY AND THROUGH ITS ° DULY AUTHORIZED CITY MANAGER, HERBERT W. WHITNEY, HEREINAFTER CALLED °SELLEW', AND HEINAMAN -HOPE CO., HEREINAFTER CALLED PURCHASER, ' W I T N E S S E T H: SELLER AGREES TO CONVEY UNTO PURCHASER, AND PURCHASER AGREES TO BUY FROM SELLER, THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN NUECES COUNTY, TEXAS, AND DESCRIBED-AS FOLLOWS: , AN "L" SHAPED TRACT OF LAND OUT OF LOT 6, SECTION 3, BOHEMIAN COLONY LANDS, SHOWN ON PLAT OF RECORD IN _ VOLUME A, PAGE 48, NUECES COUNTY MAP RECORDS, AND BEING A PORTION OF THAT CERTAIN 87.252 ACRE TRACT OF LAND CON- - VEYED TO THE CITY OF CORPUS CHRISTI BY DEED DATED NOVEMBER 17, 1965, AND RECORDED IN VOLUME 1116,, PAGE 186, NUECES - COUNTY MAP RECORDS, SAID TRACT OF LAND BEING MORE PARTIC- ULARLY DESCRIBED'BY METES AND BOUNDS AS FOLLOWS: _. BEGINNING AT THE SOUTHWEST CORNER OF LOT 5, LEXINGTON - SUBDIVISION ANNEX AS SHOWN BY PLAT OF RECORD IN VOLUME 26, PAGE :1, NUECES COUNTY MAP RECORDS, FOR A CORNER - - - ,y , OF TH IS TRACT;1 _ _ g •'THENCE S. 61° 161 30��E'. W ITH.THETSOUTHWEST BOUNDARY CINE - ' .' OF LOTS 5 AND 6, LEXINGTON SUBDIVISION ANNEX, ADISTANCE` OF 278 FEET TO THE SOUTHEAST CORNER OF SAID LOT 6 FOR A ° 'CORNER OF THIS TRACT; , _ THENCE S. 29 -001 Ei WITH THE'SOUTIIEAST BOUNDARY LINE OF SAID LOT 6, A DISTANCE OF 131.75 FEET TO A POINT IN THE _ SOUTHWEST BOUNDARY LINE OF SACKY DRIVE FOR A CORNER OF ' THIS TRACT; THENCE S. 61* 161 30" E. WITH THE SOUTHWEST BOUNDARY LINE OF SACKY DRIVE, A DISTANCE OF 50 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE S. 29e 001 W A DISTANCE OF 275 FEET TO A POINT)- _ SAID POINT BEING THE NORTHEAST CORNER OF A 6O -FOOT WIDE - - STRIP OF LAND DEDICATED TO THE PUBLIC BY H• C. HOLLY,- - ' - ET AL AND RECORDED IN VOLUME 6811, PAGE 384, NUECES COUNTY, - TEXAS, DEED RECORDS FOR A CORNER OF THIS TRACT; ` THENCE N. 61° 161 30 °.W• WITH'THE NORTHEAST BOUNDARY - LINE OF SAID 60 -FOOT WIDE STRIP OF LAND, A DISTANCE OF 328 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE N. 29° 001 E. A DISTANCE,OF 1113.25 FEET TO THE PLACE - ' OF BEGINNING. - _ CONTAINING 1.23 ACRES OF LAND.- THERE 13, HOWEVER, RESERVED - _ UNTO THE GRANTOR ALL MINERALS IN AND UNDER SAID TRACT OF LAND THAT MIGHT BE PRODUCED FROM THE PROPERTY HEREBY CONVEYED- THE CoNSIOERATION AND PURCHASE 04100 FDA THIS TRAHXFCR IS ONE HUNDRED DOLLARS ($100.00) FOR A 120 -DAY OPTION TO PURCHASC PLUS AN- ADOITiomm. TWO THOUSAND THREE HUNDRED SIXTY DOLLARS (42,360.004 t6 iC -PAID AT THE Tim£ OF EXECiITION AM0 DELIVERY GF THE DEED TD PURCHASER. THE $100.00 PAID TO 'THE CITY$ ABOVE MENTIONED# IS THE .CON$IDERATIgfI FOR THE OPTION "ERW GRANTED TO PURCHASER TO COMPLETC THE PORCHAOE CF& SAID ORbOtAlY BY THE ADDITIONAL SUN or 42*36100 'WITHIN 120 QAYa FROM THE DATE OF THIS AGREEMENT OR TO OECLARE THIS_ CONTRACT TERMlNATO AND FORFEIT TO THE CITY THE SAID $100.00 ABOVE MENTIONED. 11 i. SELL&A AGREES TO DELIVER A GOOD AND $UFFICIENT SPECIAL VWRANTY OQEO* PROPERLY CONVEYING SAID PROPERTY TO SAID PURCHASER* AND PURCHASER AGREES# 4HCII SUCH OECD 19 PRESENTEO#TO PAY THE BALANCE OF THE CASE{ PAYMENT. IV PURCHASER HAS THIS DAY DEPOSITED WITH CORPUS CHRISTI TITLE 00. THE SUM OF ONE Memo RED DDLLARS'($100:o0) AtlARNCST MONEY HEREUNDER TO BE APPLIED ON THE TPAYMCNT SET .OUT - 'MIEN DEAL iS CLOUbj AT WHICH T1MC THE BALANCE OF #-'ASH COH41DERATION $HALL ALSO 0E PAID. SHOULD THE PURCHASER FAIL TO C611- SUMMATE THIS CONTRACT At $PECIFIEO FOR ANY REASONS EXCEPT itTLE DEFECTS SELLER, SHALL HAVE TH£ RIGHT TO AMIN SAID CASH DEiP49ITv? :AS LIDUIDATEO DA4AGE$ FOR Tilt BREACH OF 'THIS CONTRACT« TAXES fOR THE CURRENT YEAR, COFIRi.'O RENTS# tN$URANCC Apo INTEREST# If ANY* SHALL OE ORORAT 90 7'O T'HE_ bATQ OF CLOSINZi Or~ THIS CONTRACT. ALL PREVIOUS TAXES1 INSURANCB AND INTEREST SHALE, SC PAID BY SELLER. PURCHASER AGREES Y0 ACC OT T17irF. SUBJECT TO ALL RESTRSCTIVC COVENANT6 AND U!C LIMITATION Of .RECORD, AND ALL xdNING AND REQULATORY ORDINANCES APPLI46tx 'FO SAID'MROIIERTY.. PURCHASER DEFLAHES THAT HE "At POSONALLY IMSPtCTEG *AID PROIJERYY AND 18 SUYINO SAJM UPON HIS OWN CXAMIHATION AND 4UD4KZNT AND NOT THROUGH ANY REPRESENTATION MADE TO PORCHASER 8Y THE SELLER OR AcitmT FOR THE SELLER* AS TO ITS kOCATI 04,jr VALUE, NTQRB'VALUE# INCOME, TmREFROMS TYPE OR CONGI'RON OF CON;TRUCTiOH* OR 140'RTQAGE FHOESTSDNES$. .2. THts CONTRACT SHALL at CLOSED ON,QR BEF996 SEPTEMBER I0, 1967• POSSE *SiOF OP SAID PROPEft1Y $HALL eE GIVEN ON tWiltX3• tilJVWSS Ot1S HANO3 1H THIPLICATE ORIG11ALS Olt 71114 THE_•;,�AY OF . 1967• CITY OF C(A" MIST! ATTESTS - �� RBERT 4illiTHlY , i SESRETARY CITY MANA06R MPPW4W AS Tti LEGAL FO1 VII iA SELLER Y qF MAYS i967A M-77 . MORY ATTESTS E3Y L. H. HEINAMAN, PitE$tOCI4T CRETARY r SACKY h s HYGZ-/A %•RAC7- /J2/ VE- s A� ,ro�' ✓G S 30 ",!E- 278' • n2 \O p- NG /'AG 30 N✓ 325 • O HYGZ-/A %•RAC7- s� , CORPUS 7 CHRISTI, V' DAY OF %-j�z. TO THE MEMBERS OF THE CITY COUNCIL COP. PUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PU DLIC EMERGENCY AND IMPERATIVE NEC ESSITY *EXIST FOR THE SUSPEN- SION 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; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, M YOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSP N ED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE • V. A. "DICK" BRADLEY, JR, J. A. "JACK" GRANT P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL THE ABOVE ORDINANCE WAS PASSED 6Y THE FO LLO G VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. Ne J. A. "JACK" GRANT P. JIMENEZ, JR., M. D. GABE LOZANO, SR. KEN McDANI EL