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Home My WebLink About09473 ORD - 08/27/1969JKH:8 -27 -69 TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONVEY TO BRADEN M. COOK THAT PROPERTY DESCRIBED AS A .78 ACRE TRACT OR PARCEL OF LAND AT DODDRIDGE AND WEBER PARKWAY, AND FURTHER DESCRIBED AS LOT '2, BLOCK 10, HOPPER -ADDN. #2 IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UPON THE PAYMENT OF THE CASH CONSIDERATION OF $6000; 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, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT OF SALE AND EXECUTE SUCH OTHER INSTRUMENTS AS ARE NECESSARY TO COMPLETE THE CONVEYANCE TO BRADEN M. COOK OF THAT PROPERTY DESCRIBED _ HOPPER ADDITION UNIT 2, AS LOT 2,�BLOCK, 10,/ FURTHER DESCRIBED AS A .78 ACRE TRACT OR PARCEL OF LAND LOCATED AT DDDDRIDGE AND WEBER PARKWAY, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A CASH CONSIDERATION OF $6,000, A COPY OF WHICH CONTRt, QF SAL IS ATTACHED HERETO AND MADE A PART HEREOF. J J� ION 1 it . THE N CESSITY TO IMMEDIATELY AUTHORIZE THE EJACE QU OF THE NECESSARY WR,7T N IN ORDER TO FACILITATE THE SALE \ \`/1 OF THE ABOVE DESCRIBEEDPPARR� OF LAND CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE V- Pyy[I' CESSITY REQUI ING T E S1�'S ENSION OF T� CHARTER R E T.Hq T ApI„ O IIII..ORDINANCE 0 E L N S ALL BE PAS IN f{4L�ON THE DATE 0 S INTRODUCTIO AND AT SUCH ORDIN) /{j NC�070�R SOLUTIOVN SHALL BE D AT THR E SEVE AL E TINGS OF THE C TY CQU N(C,ILL,r "AND THE MAYOR HAVING DECLARE SUCj MERGENC�Y AN� N(CESSI TO EXIST, AND HAVING REQUESTED THE SUSPENSION F H HA /RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE- }1 O 1 S INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFF� /E( FROM AN AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE /)( / DAY OF1� , 1969• ATTES CI SECR TARJ t a'0 / �` - APPROVED: (� Y Zy DAY OF AUGUST, 19 9 THE CITY OF CORPUS CHRISTI, TEXAS CITY AIT-TORV(EY 9473 d Daw:9/29/69 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES THIS MEMORANDUM OF AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS CHRISTI, HEREINAFTER CALLED SELLERS, OF THE COUNTY OF NUECES, STATE OF TEXAS, AND BRADEN M. COOK, OF THE COUNTY OF NUECES,, STATE OF TEXAS, HEREINAFTER CALLED BUYER, W I T N E S S E T H• 1. THE SELLERS, FOR THE CONSIDERATION AND UPON THE TERMS HEREIN- AFTER SET OUT, HEREBY AGREE TO SELL AND CONVEY UNTO BUYER, AND BUYER AGREES TO BUY THE FOLLOWING DESCRIBED PROPERTY SITUATED IN NUECES COUNTY, TEXAS, TO -WIT: LOT 2. BLOCK 10, HOPPER ADDITION UNIT 2 BEING A 0.307 ACRE TRACT OF LAND OUT OF BLOCK 1317, PORT ARANSAS CLIFFSAS SHOWN BY MAP OF RECORD IN VOLUME A, PAGE 26, NUECES COUNTY, TEXAS, MAP RECORDS, SAID 0.307 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2, HOPPER ADDITION UNIT 3, AS SHOWN BY MAP OF RECORD IN VOLUME 27, PAGE 81, NUECES COUNTY, TEXAS, MAP RECORDS, SAID POINT BEING IN THE SOUTHEAST RIGHT OF WAY LINE OF HERNDON STREET, FOR THE NORTHEAST AND BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 31° O6l E., WITH THE SOUTHWEST BOUNDARY LINE OF SAID HOPPER ADDITION UNIT 3, A DISTANCE OF 175.00 FEET TO A 1" IRON PIPE FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE S. 87° 321 14" W., A DISTANCE OF 143.11 FEET TO A 1" IRON PIPE IN THE EAST RIGHT OF WAY LINE OF WEBER PARKWAY FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE IN A NORTHERLY DIRECTION WITH THE EAST RIGHT OF WAY LINE OF SAID WEBER PARKWAY AND WITH THE ARC OF A CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 7° 00' 36" AND WHOSE RADIUS IS 770.92 FEET, A DISTANCE OF 94.32 FEET TO A 1" IRON PIPE FOR A CORNER OF THIS TRACT; THENCE N. 2° 441 E., STILL WITH THE EAST RIGHT OF WAY LINE OF SAID WEBER PARKWAY, A DISTANCE OF 32.00 FEET TO A 1" IRON PIPE FOR A CORNER OF THIS TRACT; THENCE IN A NORTHEASTERLY DIRECTION WITH THE ARC OF A CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 58° 51, CO' AND WHOSE RADIUS IS 15.00 FEET, A DISTANCE OF 15.110 FEET TO A 1" IRON PIPE IN THE SOUTHEAST RIGHT OF WAY LINE OF SAID HERNDON STREET FOR A CORNER OF THIS TRACT; 'Z THENCE N. W 351 E., WITH THE SOUTHEAST RIGHT OF WAY LINE OF SAID HERNDON STREET, A DISTANCE OF 37.52 FEET TO THE POINT OF BEGINNING; CONTAINING 13,352.34 SQUARE FEET OF LAND MORE OR LESS. 2. THE PURCHASE PRICE IS SIX THOUSAND DOLLARS ($6,000.00). 3. THE SELLERS SHALL 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 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 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, BUYER HAS THIS DAY DEPOSITED WITH THE TITLE INSURANCE COMPANY OR TITLE GUARANTY COMPANY THE SUM OF $300.00 DOLLARS AS EARNEST MONEY HERE- UNDER TO BE APPLIED ON THE CASH PAYMENT ABOVE SET OUT WHEN DEAL IS CLOSED, AT WHICH TIME THE BALANCE OF CASH CONSIDERATION SHALL ALSO et YAIU. 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 THE TITLE INSURANCE COMPANY 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 PERFORMANCE OF THIS CONTRACT BY IN- ACTION FOR SPECIFIC PERFORMANCE THEREOF. 6. 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. -2- 7. 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. 8. SELLERS HEREBY RESERVE TO THEMSELVESj THEIR HEIRS AND ASSIGNS ALL THE OILS GAS, AND MINERALS INS ONo OR UNDER THE SURFACE OF SAID LANDS. EXECUTED IN DUPLICATES EITHER COPY OF WHICH SHALL CONSTITUTE AN ORIGINAL] ON THIS THE DAY OF , 1969• ATTEST: CITY OF CORPUS CHRISTI CITY SECRETARY BY: R. MARVIN TOWNSEND APPROVED AS TO LEGAL FORM THIS CITY MANAGER SELLERS DAY OF ,1969: CITY ATTORNEY - BUYER BRADEN M. COOK THE STATE OF TEXAS COUNTY OF NUECES BEFORE Imo, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOWNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI 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 , 1969• 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 , KNOWN TO ME 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 CON- SIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY of 1969• NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS Corpus Christi, Texas day of 19� 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 imperative 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 presene meeting of the City Council. Respectfully, THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon ✓/ Gabe Lozano, Sr. y/ V. A. "Dick" Bradley, Jr. ✓ Eduardo E. de Ases �✓ Ken McDaniel W. J. "Wrangler" Roberts✓ Ronnie Sizemore / The above ordinance was passed by the following vote: Jack R. Blackmon t, 41— (,v �` Gabe Lozano, Sr. AV V. A. "Dick" Bradley, Jr�/ , Eduardo E. de Ases Ken McDaniel V/ W. J. ','Wrangler" Roberts✓ / Ronnie Sizemore /