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Home My WebLink About08931 ORD - 07/10/1968• VMP :7/10/68 • TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED CONVEYING TO GILBERT HORAK A TRI- ANGULAR TRACT OF LAND DESCRIBED AS PART OF THE EAST ONE- FOURTH OF THE NORTH ONE - FOURTH OF SECTION "G" OF THE SECTIONIZED PORTION OF THE HOFFMAN TRACT, IN CONSIDERATION OF A CASH PAYMENT AND THE EXECUTION BY THE SAID GILBERT HORAK OF A NOTE IN THE SUM OF $9,808.87 AND DEED OF TRUST COVERING SAID LAND AND ADJOINING PROPERTY, SAID PROPERTY HEREBY CONVEYED BEING THE SAME ACQUIRED BY SHERIFF'S DEED UNDER AN EXECUTION FOR TAXES DUE THE CITY AND OTHER TAXING AGENCIES; A COPY OF THE DEED HEREBY AUTHORIZED TO BE EXECUTED 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, SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE A SPECIAL WARRANTY DEED CONVEYING To GILBERT HORAK A TRIANGULAR TRACT OF LAND DESCRIBED AS PART OF THE EAST ONE - FOURTH OF THE NORTH ONE - FOURTH OF SECTION G OF THE SECTIONIZED PORTION OF THE HOFFMAN TRACT, IN CONSIDERATION OF THE PAYMENT OF $2,000.00 BY THE SAID GILBERT HORAK AND HIS EXECUTION OF A NOTE IN THE SUM OF $9,808.87 AND DEED OF TRUST COVERING SAID LAND AND ADJOINING PROPERTY, SAID PROPERTY HEREBY AUTHORIZED TO BE CONVEYED BEING THE SAME ACQUIRED BY SHERIFF'S DEED UNDER AN EXECUTION FOR TAXES DUE THE CITY AND OTHER TAXING AGENCIES. A COPY OF THE DEED HEREBY AUTHORIZED TO BE EXECUTED IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE AFORE- SAID SPECIAL WARRANTY DEED AND TO PROMPTLY CARRY OUT THE UNDERSTANDING BETWEEN THE PARTIES AFORESAID 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 INTRO- DUCTION 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 INTRO- DUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE - LlaAY OF JULY, 1968. ATTEST: Y SEC TA APPROVED: _[ O DAY OF JULY, 1968. r CITY ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS SPECIAL WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS X KNO14 ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X That, the City of Corpus Christi, a municipal corporation, acting herein by and through its duly appointed City Manager, R. Marvin Townsend, of the County of Nueces, State of Texas, for and in consideration of the sum of TWO THOUSAND AND N01100 DOLLARS ($2,000.00) and other valuable consideration to the undersigned cash in hand paid by the grantee herein named, the receipt of which is hereby acknowledged, and the further.consideration of the execution and delivery by the grantee herein of his one certain promissory note of even date herewith in the principal sum of NINE THOUSAND EIGHT HUNDRED EIGHT AND 87/100 DOLLARS ($9,808.87) payable to the order of the City of Corpus Christi, at the Corpus Christi State National Bank in the City of Corpus Christi, Nueces County, Texas, bearing interest from date thereof at the rate of six percent (6%) per annum, matured unpaid principal and interest to bear interest at the rate of ten percent (10 %) per annum from maturity until paid, principal and interest being due and payable in monthly installments of ONE HUNDRED FIFTY AND 1\70 /100 ($150.00) (or more) each, payable on the first day of each and every calendar month, beginning August 1st, 1968, and continuing regularly thereafter until the whole of said sum with interest has been duly paid, interest being calculated on the unpaid principal to the date of each installment paid and the payment credited, first, to the discharge of interest accrued and the balance to the reduction of principal, said note providing for acceleration of maturity in event of default and for ten percent (10 %) attorney's fees, the payment of which note is secured by vendor's lien herein retained, and is additionally secured by a deed of trust, of even date herewith, to Corpus Christi State National Bank, Trustee, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto Gilbert Horak of the County of Nueces, State of Texas, all of the following described real property in Nueces County, Texas, to wit: Tract 1: Being a triangular tract of land out of a part of the East 1/4 of the North 1/4 of Section G of the Sectionized Portion of the Hoffman Tract and being also a part of the tract conveyed by Elizabeth Smith and husband, to Sylvan M. Weil by deed dated August 22, 1938, recorded in Volume 241, page 284, of the Deed Records of Nueces County, Texas; the tract herein conveyed being more particularly described by metes and bounds as follows: Beginning at the West corner of Lot 6, Block D, Broadmoor Park No. 2, Second Extension Addition to the City of Corpus Christi, Nueces County, Texas ; Thence South 28 deg. 29' 0" West to a point in 0e East boundary line of Port Avenue; Thence North 0 deg. 54' 30" West along the East boundary line of Port Avenue to a point where the extension of the Southwest boundary line of said Lot 6, Block D, Broadmoor Park No. 2, Second Extension Addi- tion, would intersect the East Boundary line of the said Port Avenue for the North corner of this tract; Thence South 62 deg. 4' 30" East to the point of beginning; Being the same tract of land described in deed from Sam Isenberg to Gilbert Horak, recorded in Volume 340, page 308, Deed Records, Nueces County, Texas, to which reference is hereby made. SAVE AND EXCEPT, however, a portion of the above tract included in the Deed dated 12 -4 -51 from Gilbert Horak and wife, Kathryn Horak to Charles R. Williams and wife, Stella Clard Williams, recorded in Vol. 537, Page 225, Deed Records, NCT, described as follows, to -wit: A tract of land out of Lot Three (3), Section "„ Paisley's S/D of Hoffman, Tract, an addn to City of CC according to plat A/28 MR, M&B: BEGINNING at a point on the Westerly boundary line of Sarita Street which is S. 280 26' 53" W. 50' from the Southerly corner of Lot 6, Block "D" of Broadmoor Park No. 2, Ext. No. 2, for the most Easterly corner of this tract; THENCE N. 620 04' 30" W. 128.93' to a point, the Northerly corner of that certain tract of land conveyed by John Finta et ux to Gilbert D. Horak at ux, 6- 14 -46, Vol. 340/356 d.r.; THENCE continuing N. 620 04' 30" W. to a point on the Easterly boundary line of Port Ave. for the most Northerly corner of this tract; THENCE S. 00 54' 30" E. along the Easterly line of Port Avenue to a point which lies S. 280 29' 04" W. 106.15' from the most Westerly corner of Lot 6, Block "D ', Broadmoor Park No. 2, 2nd Ext. for point; THENCE N. 280 29' 04" E. 6.15' to a point for inside corner of this tract; THENCE, S. 620 04' 30" E. 128.96' to a point on the Westerly boundary line of Sarita St. for the most Southerly corner of this tract; THENCE N. 280 26' 53" E. along the Westerly boundary line of Sarita St., 50' to the point of beginning. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said grantee, his heirs and assigns forever; and it does hereby bind itself, its executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee, his heirs and assigns, against every person whomsoever lawfully claiming .by, through or under grantor. But it is expressly agreed that the VENDOR'S LIEN, as well as.the Superior Title in and to the above described premises, is retained against the above described property, premises and improvements until the above described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute. Whereas, the City of Corpus Christi acquired the real property herein described in execution of judgment and holds the same in trust for the Corpus Christi Independent School District, Corpus Christi Junior College District, Lower Nueces River Water Supply District, State of Texas and County of Nueces. Whereas, the current ad valorem taxes on said property have been pro- rated and payment thereof is assumed by grantee. EXECUTED this _ day of , 19 R. MARVIN TOWNSEND THE STATE OF TEXAS X X COUNTY OF NUECES X Before me, the undersigned authority, on this day personally appeared R. Marvin Townsend, acting herein as the City Manager of the City of Corpus Christi, a municipal corporation, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said municipal corporation. Given under my hand and seal of office on this the day of , A. D. 19 Notary Public in and for Nueces County, Texas -2- CORPUS CHRISTI, TEXAS / 1�. J� DAY OF ti.C, 19-L TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND 111PERATIVE NECESSITY 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; i, 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, A MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON f RON,NIE $IZEMORE / V. A. "DICK" BRADLEY, JR. till" P. JIMENEZ, JR., M.D. Lit, GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS .Lt p•' THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE ILttc V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. �! GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS C(CyKJ