Loading...
HomeMy WebLinkAbout09787 ORD - 06/03/1970JKH:6 -3 -70 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH DUDLEY JONES, ALSO KNOWN AS NORMAN D. JONES, ET UX, GERTRUDE JONES, FOR ACQUISITION OF LOTS 5 AND 6 AND PORTION OF LOTS 7 AND 8, BLOCK 2, CRAVEN HEIGHTS ADDITION, AS A PART OF THE SITE OF THE CITY SWIMMING POOL TO BE CONSTRUCTED ON A TRACT OF LAND AT BROWNLEE AND WINNEBAGO STREETS IN THE CITY OF CORPUS CHRISTI; APPROPRIATING OUT OF NO. 102 GENERAL FUND THE SUM OF $111,250, OF WHICH $6,728 1S FOR MONETARY CONSIDERATION FOR ACQUISITION OF THE AFORESAID PARCEL OR TRACT AND $7,255 IS FOR CON- TINGENCIES, INCIDENTAL CLOSING AND RELOCATION COSTS, ALL IN CONNECTION WITH PROJECT NO. 291 -70 -7, SAID GENERAL FUND NO. 102 TO BE SUBJECT TO REIMBURSEMENT OUT OF NO. 291 PARK BOND FUND IF AND WHEN SUCH FUNDS ARE PROVIDED; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REAL ESTATE SALES CONTRACT WITH THE OWNERS, DUDLEY JONES, ALSO KNOWN AS NORMAN D. JONES, AND WIFE, GERTRUDE JONES, FOR ACQUISITION OF THE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND, AS PART OF THE SITE OF A CITY SWIMMING POOL TO BE CONSTRUCTED ON A TRACT OF LAND AT BROWNLEE AND WINNEBAGO STREETS, SAID PARCEL BEING DESCRIBED AS FOLLOWS: LOTS 5 AND 6, AND FRACTIONAL LOTS NOS. 7 AND 8, BEING ALL THAT PORTION OF LOTS 7 AND 8, BLOCK 2, CRAVEN HEIGHTS,CONVEYED BY TOM WHELAN, ADMINISTRATOR OF THE ESTATE OF E. G. CASTLE13ERRY DECEASED, TO OLIVER BIRD BY DEED DATED DECEMBER 28, 1940 AND RECORDED IN VOL. 263, PAGE 554 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS; THE SOUTHERLY BOUNDARY OF SAID FRACTIONAL LOTS 7 AND 8 BEING APPROXIMATELY 100 FEET; THE EASTERLY BOUNDARY LINE BEING APPROXIMATELY 109.21E FEET AND THE NORTH BOUNDARY AND WEST BOUNDARY LINE BEING THE SOUTH- EAST BOUNDARY LINE OF COKE STREET AS AT PRESENT LOCATED; ALL IN BLOCK 20 CRAVEN HEIGHTS ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN VOLUME A, PAGE 7, MAP RECORDS OF NUECES COUNTY, TEXAS. SECTION 2. THAT THERE IS HEREBY APPROPRIATED OUT OF N0. 102 GENERAL FUND THE SUM OF $111,250, OF WHICH $6,728 IS FOR MONETARY CONSIDERA- TION FOR ACQUISITION OF THE AFORESAID TRACT OR PARCEL AND $7,255 IS FOR a 978 CONTINGENCIES, INCIDENTAL CLOSING AND RELOCATION COSTS, ALL IN CONNECTION WITH PROJECT No. 291 -70-7, AS MORE FULLY SET FORTH IN THE REAL ESTATE SALES CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID GENERAL FUND No. 102 TO BE SUBJECT TO REIMBURSEMENT OUT OF No. 291 PARK BOND FUNDS IF AND WHEN SUCH FUNDS ARE PROVIDED. SECTION 3. THE CITY MANAGER IS FURTHER HEREBY AUTHORIZED AND DIRECTED TO EXCHANGE THE PROPERTIES DESCRIBED HEREIN WITH THOSE DESCRIBED IN THAT CERTAIN CONTRACT BETWEEN THE CITY AND ROGER CHAVANA AND WIFE, PRESENTLY BEFORE THE COUNCIL IN ITS REGULAR MEETING OF JUNE 31 19701 IN ORDER TO EFFECT'U'ATE THE TERMS OF THIS CONTRACT. 4 SECTION . THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE NECESSARY DOCUMENTS AND TO AUTHORIZE THE PAYMENT OF THE AFORESAID FUNDS IN ORDER TO ACQUIRE THE AFORESAID PARCEL OR TRACT IN ORDER TO PROCEED WITH THE PLANS FOR BUILDING OF A SWIMMING POOL AT BROWNLEE AND WINNEBAGO STREETS, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION 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 AY OF JUNE, 1970. ATTEST: CITY SECRETARY APPROVED: RD DAY OF JUNE, 1970: i ACTING CITY ATT Ij�l'EY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS FW 2 - Form 14 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between Dudley Jones aka; Norman D. Jones et ux Gertrude Jones 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 following described property situated in Nueces County, Texas, to -wit; Lots Nos. Five (5) and Six (6), and fractional lots Nos. Seven (7) and Eight (8) being all that portion of Lots Seven (7) and Eight (8), Block Two (2) Craven Heights conveyed by Tom Whelan, Administrator of the Estate of E. G. Castleberry, Deceased to Oliver Bird by deed dated December 28th, 1940 and recorded in Vol. 263, Page 554 of the Deed Records of Nueces County, Texas; the Southerly boundary of said Fractional Lots Seven (7) and Eight (8) being approximately One Hundred Feet (100'); the Easterly boundary line being approximately One Hundred Nine and 24/100 (109.24`) feet and the North boundary and West boundary line being the Southeast boundary line of Coke Street as at present located; all in Block Two (2) Craven Heights Addition, an addition to the City of Corpus Christi, Texas, according to the map or plat thereof on file and of record in Volume A, Page 7, Map records of Nueces County, Texas. - 1 - 4 PW 2 - Form 14a 2. The purchase price is $5,228.00 plus all other considerations listed below under item 11 of this contract agreement. 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• All taxes to be paid by Sellers up to and including the year 19 69 . 6. All current taxes, insurance, rents, and interest, if any, are to be prorated between the Buyer and Sellers for the year 19_Zk_ to date of closing, except as may be herein otherwise provided. 7. Buyer has this day deposited with the Title Insurance Company or Title Guaranty Company the sum of _$1,000.00 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 '.1 'itl2 Insurance Company of Title Guaranty Company said title company will close uhe deal in accordance - 2 m 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 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. 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 or upon completion of all items in 11 below. 10. 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 60 days from the date of Sellers execu- tion or upon completion of all items in No. 11, this agreement shall be null and void and none of the provisions hereinabove set out will bind either party. 11. Buyer as part of other consideration in addition to the purchase price, will do the following: a) The Buyer will acquire and deed to Seller Lots 5 and 6, Block 3, Craven Heights Addition. b) The Buyer will clear Lots 5 and 6, Block 3, Craven Heights Addition and grade said lots. c) The Buyer will move the two houses and the garage presently located on Sellers property, Lots 5, 6, 7, and 8, Block 2, Craven Heights Addition, to Lots 5 and 6, Block 3, Craven Heights Addition, as per the attached relocation plan. d) The Buyer will provide foundations for the two houses and the garage at the new location. e) The Buyer will construct a concrete driveway the same width as the driveway to the garage after such garage is relocated to Lots 5 and 6, Block 3, Craven Heights Addition. f) The Buyer will connect the utilities, i.e. water, gas and sewer, at the new location. -3- q boyd or chain link g) The Buyer will construct a fence around the sides and back of Lots 5 and 6. Block 3, if Seller requests such fence. h) The Buyer will remove and replace trees as well as provide landscaping for said new location including the relocation of two (2) lemon trees presently on loca- tion Seller will convey to the Buyer. i) The Buyer will construct sidewalks from the street to the houses and from the houses to the garage and driveways as indicated on the attached diagram, or as determined by Seller after houses have been relocated. J) The Buyer will make the necessary repairs such as hanging new wallpaper or re- painting the inside of the two residences if such have been damaged during moving or as a result of the relocation. k) The Buyer will replat Lots 5 and 6, Block 3, Craven Heights Addition. 12. The Seller reserves the right to retain the chain link fence around lots 5 and 6 and portions of Lots 7 and 8, Craven Heights Addition, after Buyer removes such fence. 13. The Seller will reserve the right to locate the houses on Lots 5 and 6 to his satisfaction provided such location is in accordance with all ordinances and /or restrictions of the City Code. 14. Buyer will have the removal of furniture in buildings and other items supervised by Mrs. Olivia Hall. 15. Buyer will provide the additional sum of $1,500.00 for Seller's use in acquiring additional property or for any other use that Seller may choose. -4_ Q 2 - Form 14d EXECUTED in triplicate, either copy of which shall constitute an original, on this the day of , 1g Y�. City Secretary APPROVED AS TO LEGAL FORM THIS __DAY OF , ig'L_. ty At+orney - S - 4 SELLERS CITY OF CORPUS CHRISTI, TEXAS BY: City Manager BUYER . 2 - Form 14 -e THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, The undersigned authority, on this day personally appeared R. Marvin Townsend, City Manager of the City of Corpus Christi, Texas, 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 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 day of 19 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 consideration therein expressed. GIVEN UNDER MY HAND AND SEAL, OF OFFICE, This the day of - S l9 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 and his wife, both kno—e to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said , wife of the said having been examined by me privily and apart from her husband, aelmowledged such Instrument to be her act and deed, and declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, The day of 19 ® Notary Public in and for Nueces County, Texas CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNA9 (City Charter Article IV Section 21) June 1 490 I certify to the City Council that $ ggg , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name 102 General Fund Project No. 291 -70-7 Project Name Swimming Pool, Brownlee and Winnebago from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 19 -U � 4 k rec' or o ance 7 FIN 2 -55 Revised 7 -31 -69 Corpus Christ' Texas 3A day o , 14% 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 present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick"Bradlev. Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the [Owing Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts r Ronnie Sizemore