HomeMy WebLinkAbout09156 ORD - 12/04/1968• VMP:12 /3/68 •
AN ORDINANCE
APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND FOR
APPLICATION TO THE PROJECT NO. 295 -64 -25 CARROLL LANE,
RICHTER OUTFALL RIGHT OF WAY THE SUM OF $5,765, OF WHICH
$4,544.60 IS FOR PURCHASE OF PARCEL NO. 4 OF THE CARROLL
LANE PORTION OF RIGHT OF WAY AND THE SUM OF $126 IS FOR
INCIDENTAL EXPENSE AND RELATED COSTS AND $1,097.40 BEING
APPROPRIATED FOR THE SMALL TRIANGLE SEVERED BY THE TAKING
CONTAINING .354 ACRES TO BE PURCHASED BY THE BUYER AT
OPTION OF THE SELLER; SAID OPTION EXPIRING NOVEMBER 15,
1970; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
REAL ESTATE SALES CONTRACT FOR AND ON BEHALF OF THE CITY OF
CORPUS CHRISTI FOR ACQUISITION OF SAID PARCEL OF LAND FROM
UNITED SAVINGS ASSOCIATION, OWNERS, A COPY OF WHICH IS 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 N0. 295 STORM SEWER
BOND FUND THE SUM OF $5,765, OF WHICH AMOUNT THE SUM OF $4,544.60 IS FOR
THE ACQUISITION OF PARCEL N0. 4 OF THE CARROLL LANE PORTION OF RIGHT OF
WAY, AND THE SUM OF $126 IS FOR INCIDENTAL EXPENSE AND RELATED COSTS, ALL
APPLICABLE TO PROJECT NO. 295- 64 -25, CARROLL LANE, RICHTER OUTFALL RIGHT OF
WAY, SAID PARCEL OF LAND BEING DESCRIBED AS FOLLOWS:
PARCEL NO. 4
BEING A TRACT OF LAND OUT OF LOT 7, SECTION 9, BOHEMIAN
COLONY LANDS AS SHOWN BY MAP OF RECORD IN VOLUME A, PAGE
48, NUECES COUNTY, TEXAS MAP RECORDS AND MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE COMMON CORNER OF LOTS 1, 2, 7 AND 8, SEC-
TION 9, BOHEMIAN COLONY LANDS FOR THE MOST NORTHERLY NORTH-
EAST AND BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED,
THENCE S. 29' 01' 20" W., WITH THE SOUTHEAST BOUNDARY LINE
OF SAID LOT 7, A DISTANCE OF 171.28 FEET TO A POINT FOR THE
MOST EASTERLY CORNER OF THE TRACT HEREIN DESCRIBED,
THENCE S. 54' 59' 25" W., A DISTANCE OF 280.57 FEET TO A
POINT FOR THE MOST SOUTHERLY SOUTHEAST CORNER OF THE TRACT
HEREIN DESCRIBED,
THENCE N. 61' 30' 10" W., A DISTANCE OF 167.60 FEET TO A
POINT FOR THE SOUTHWEST CORNER OF THE TRACT HEREIN DESCRIBED,
THENCE N. 54' 59' 25" E., A DISTANCE OF 377.06 FEET TO A
POINT OF CURVATURE OF A CURVE TO THE LEFT,
THENCE IN A NORTHEASTERLY DIRECTION WITH THE ARC OF A SAID
CURVE TO THE LEFT, WHOSE CENTRAL ANGLE IS 10' 29' 07" AND
WHOSE RADIUS IS 498.69 FEET, A DISTANCE OF 91.26 FEET TO A
POINT IN THE NORTHEAST BOUNDARY LINE OF SAID LOT 7 FOR THE
NORTHWEST CORNER OF THE TRACT HEREIN DESCRIBED,
THENCE S. 61' 30' 10" E., WITH THE NORTHEAST BOUNDARY LINE
OF SAID LOT 7, A DISTANCE OF 93.10 FEET TO THE PLACE OF
BEGINNING.
CONTAINING 1.466 ACRES OF LAND MORE OR LESS.
91 -511
SECTION P. 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
FROM UNITED SAVINGS ASSOCIATION, OWNERS.
SECTION 3. THE NECESSITY TO MAKE THE APPROPRIATION DESCRIBED ABOVE
AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE NECESSARY INSTRUMENTS FOR
THE PURCHASE OF THE ABOVE DESCRIBED PARCEL OF LAND SO THAT THE PROJECT
DESCRIBED HEREINABOVE MAY CONTINUE WITHOUT DELAY CREATES A PUBLIC EMERGENCY
AND 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 FROM AND
AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE /l Uj DAY OF
DECEMBER, 1968.
ATTEST:
P
CITY SECR ETA Y MAYOR Pro -laid
THE CITY-OF ORP CHRISTI, TEXAS
_ DAY OF DECEMBER, 1968:
•
CITY ATTORNY '
PW 2 - Form 14
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
Parcel No. 4 ,
is
This memorandum of agreement made and entered into by and between
United Savings Association, a Texas corporation situated ,dth the
principle office at Corpus Christi, Texas
hereinafter called Sellers, of the County of Nueces , State of Texas,
and the City of Corpus Christi, hereinafter called Buyer, of the County of Nueces,
State of Texas,
W I T N E S S E T H:
1. The Sellers, for the consideration and upon the terms hereinafter
set out, hereby agree to sell and convey unto Buyer, and Buyer agrees to buy the
falSowfng described property situated in Nueces County, Texas, to -wit:
Being a tract of land out of Lot 7, Section 9, Bohemian Colony Lands as
shorn by Map of record in Volume A, Pe_-e 48, rnaeces County, Texas bran Records
and more particularly described by metes and bounds as follo.rst
Beginning at the cmaon corner of Lots 1, 2, 7 and 8, Section 9, Bohemian
Colony Lauds for the most northerly northeast and beginning corner of the
tract herein described,
Thence S. 290 01' 20" W, with the southeast boundary line of said Lot 7, a
distance of 171.28 feet to a point for the most easterly corner of the tract
herein described,
Thence S. 54 0 59' 25" W, a distance of 280.57 feet to a point for the most
southerly southeast corner of the tract herein described,
Thence N. 61 0 30' 10" W, a distance of 167.60 feet to a point for the south-
west corner of the tract herein described,
Thence N. 540 59' 25" E, a distance of 377.aS feet to a point of curvature
of a curve to the left,
Thence in a northeasterly direction with the arc of a said curve to the left,
whose central angle is 100 29' 07" and 1:hose radius is 4;'8.69 feet, a distance
of 91.26 feet to a point in the northeast boundary line of said Lot 7 for the
northwest corner of the tract herein described,
Thence S. 61 30' 10" E, with the northeast boundary line of said Lot 7, a
distance of 93.10 feet to the place of beginning.
Containing 1.466 acres of land more or less.
- 1 -
PW 2 - Form 14a
f
t
2. The purchase price is $4,544.6o
3. The Sellers sha1I1 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 sham 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 15 68
6.
7. Buyer has this day deposited with the Title Insurance Company or
Title Guaranty Company the sum of $455.00 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 executed papers
and the balance of the cash payment are in possession of 'itle Insurance Company
of Title Guaranty Company said title company will close �,Pe deal in accordance
- 2 -
PW 2 - Form 14c - `
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
trovided herein the Bayer may enforce performance of this contract by inaction 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
$10.00 Dollars is agreed to be paid to Sellers,as damages to
the improvements on the lot, KXffMQD= &
e
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 (60)
days from this date.
U. Sellers hereby reserve to themselves, their heirs and assigns, all the
oil, gas and minerals, in, on, or under the surface of said lands.
12. By Sellers execution hereof, Sellers acknowledged that they have read
this agreement and they acknowledged 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.
13. It is hereby agreed by both Buyer and Seller that the small triangl e
remaining portion c, rn
ntaining .354 acres located at the south east coerj-A1`r be
purchased by the Buyer at the option of the seller for a price of $1,097.40, said
agreement is to remain in effect until November 15, 1970-
- 3 -
I• •
THE STATE OF TEXAS
COUPITY Or h'UECKS
BEFORE ME, The undersigned authority, on this day personally appeared
R. Mexiin Townsend, City Manager of the City of Corpus Christi, Texas, kno-..n to
me to be the person i.hose name is subscribed to the foregoing instrument and
ackno: :ledged 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 UlMR MY HAND A14D SEAL OF OFFICE, This day of
19
Notary Public in and for Idueces County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally appeared
Robert P. Wallace , President of United Savings Association ,
a Texas Corporation, kno:n to me to be the ners_n end officer :hose name is
subscribed to the foregoing instrument and acknowledged to me that the same
i.ras the act of the said United Savingn Association , a Texas Corporation
and that he executed the same as the act of such c:rnoration for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY BAND AND SEAL OF OFFICE, This the 18th day of
November , 19 68 .
Notary Publ c in and for Ylueces County, Texas
November 26, 1968
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
CORPUS CHRISTI TO THE CREDIT OF N0. 295 -64 -25
Amount $5,768.00
FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT
APPROPRIATED FOR ANY OTHER PURPOSE.
DI ECTOR 9/: D I FINA
CORPUS CHRISTI TEXAS
�
'/-t?bDAY OF v`r - -`'-� , l9�q
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 114PERATIVE 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 15 INTRODUCED OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFU
r
YOR Pr0•ser�
THE CITY 0 COR S HRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING nVOTE:
JACK R. BLACKMON L
BONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. 'VRANGLER" ROBERTS
THE ABOVE ORDINANCE WAS PASSED BY THE FOLL�LOWWING� _VOTE:
JACK R. BLACKMON.1C�ii
RONNIE SIZEMORE
V: A. "DICK" BRADLEY, JR.
P. JIMENEZj JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS A�