HomeMy WebLinkAbout10151 ORD - 03/10/1971TEXAS:
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES
CONTRACTS FOR THE ACQUISITION OF PARCEL NO. 1 FROM F. W.
HOEPFNER FOR $4,448.50 AND PARCEL NO. 2 FROM JOSEPH SIKORA
FOR $4,600; APPROPRIATING $9,309.50, INCLUDING $261 FOR
RELATED EXPENSES, FROM THE N0. 295 STORM SEWER BOND FUND,
APPLICABLE TO PROACT NO. 295 -70 -62.3, JOYCE, CAROLYN AND
FREDERICK DRIVES; 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 . REAL ESTATE SALES CONTRACTS WITH THE OWIJER OF
PARCEL NO. 1, F. W. HoEPFNER, AND WITH THE OWNER OF PARCEL No. 2, JOSEPH
SIKORA, SAID PARCELS BEING DESCRIBED AS FOLLOWS:.
PARCEL NO. 1
Being a 2.295 acre tract of land out of Lot 8, Section 8, Bohemian Colony Lands as
sho;m by map of record in Volume A, Page 48, Nueces County, Texas, I•.ap Records,
said 2.296 acre 'tract beini more particularly described by metes and bounds as
follows:
Beginning at the dommon corner of Lots 1 2 0
Beginning , , 7 and 8, said Section 8; Thence N. 61
30' 30" 1•T., with the Southeast boundary line of said Lot 8; across Richter Ditch,
a distance of 9.1.70 feet to a point for the most Southerly and beginning corner of
the tract herein described;
Thence N. 61 0 30' 30" W., with the Southwest boundary line of said Lot 83 a distance
of 2501.97 feet to a point in the Southeast right -of ,ray line of 100 foot yride Ayers
Street for the most westerly corner of the tract herein described;
Thence N. 290 00' E., [ri.th the Southeast right -of -gray line of said Ayers Street, a
distance of 40.0 feet to a point for the most northerly corner of the tract herein
described;
Thence S. 61 30' 30" E., With a line that is 4o feet Northeast of and parallel to
the Southi•.est boundary line of said Lot 8, a distance of 2498.50 feet to a point in the
Northwest Right- of —way line of Richter Ditch, said point being in the are of a curve
for the most easterly corner of the tract herein described;
Thence in a Southerly direction irlth the arc of a curve to the left vhose central
angle is 10 40' 35" and Whose radius is 1359.38 feet, a distance of 40.17 feet to the
point of beginning.
Containing 2.296 acres of land more or less.
The above description includes 0.861 acre of lend constituting one -half of a 30 foot
drainage easement conveyed to Nueces County by instrument in Volume 868 Page 127,
Nueces County Texas Deed Records.
01-51
Being a 2.30 acre tract of land out of Lot 7, SccLion 8, Bohemian Colony Lands,
as shown by map of record in Volume A` Page 48, Nueces County, 'Texas blap Records,
said 2.30 acre'tract being more parLicularly described by metes and bounds as
follows:
Beginning at the common corner of Lots 1 2, 7 and 8, said Section 8; Thence N.
610 30' 30" W., with the northeast boundary line of said Lot 7 and across Richter
Ditch —a distance of 91.70 feet to a point for the most easterly and beginning
corner of the tract herein described;
Thence along the northwest Right -of -relay line of Richter Ditch in a Southerly
direction with the arc of a curve to the left whose central angle is 3.0 41' 51E"
and whose radius is 1359.38 feet, a distance of 40.30 feet to a point for the most
Southerly corner of the tract herein described;
Thence N. 61 30' 30" Y1., With a line that is 40 feet Southwest of and parallel to
the Northeast boundary line of said Trot 7, a distance of 2506.67 feet to a point
in the Southeast right -of -way line of 100 foot wide Ayers Street for the most
westerly corner of the tract herein describedi
Thence N. 290 00' E., with the Southeast right -of -Tray line of said Ayers Street,
a distance of 40.0 feet to a point in the northeast boundary line of said Lot 7
for the most northerly corner of the tract herein described;
Thence S. 61 30' 30" E., with the northeast boundary line of said Lot 7, a distance
of 2501.97 feet to the point of beginning.
Containing 2.30 acres of land more or less.'-
The above description includes 0.862 acre of land constituting one -half of a 30
foot drainage easement conveyed to Nueces County by instrument in Volume 868
Page 125 Nueces County, Texas Deed Records.
COPIES OF SAID REAL ESTATE SALES CONTRACTS, MARKED EXHIBITS "A" AND "B ", ARE ATTACHED
AND MADE A PA T REO .
EC ON THERE IS HEREBY APPROPRIATED OUT OF NO. 295 STORM
SEWER BOND FUND THE SUM OF $9,309.501 INCLUDING $261 FOR RELATED EXPENSES,
FOR THE ACQUISITIO14 OF THE AFORESAID PARCELS,FROM THE OWNERS, APPLICABLE TO
PROJECT No. 295 -7o -62.3, JOYCE, CAROLYN AND FREDERICK DRIVES.
SECTION 3. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE NECES-
SARY DOCUMENTS AND TO AUTHORIZE THE PAYMENT OF FUNDS FOR THE ACQUISITION OF THE
AFORESAID PARCELS OF LAND IN ORDER TO PROCEED WITH THE DEVELOPMENT OF THE OUT -
FALL DITCH TO BE CONSTRUCTED FROM AYERS To THE RICHTER DITCH AREA, CREATES A
PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION
OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY
ON THE DATE OF ITS INTRODUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE
READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED
SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF
THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS
-2-
INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFF,tECT FROM AND AFTER
ITS PASSAGE, IT 1$ ACCORDINGLY SO ORDAINED, THIS THE % WJ DAY OF MARCH,
1971-
ATTEST:
CITY $ECRE AR �c MAYOfZ-
THE E CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
�s DAY OF MARCH 1971:
_ !�
CITY ATTORNEY
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
March 9, 1971
I certify to the City Council that $ 9,309.50 , 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 295 Storm SewerBond Fund
Project No. 295 -70 -62.3
Project Name Joyce, Carolyn and Frederick Drives near Ayers
Storm Sewer Richter Area
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
$4575.50 - Parcel #1
4734.00 - Parcel #2
9309.50 Total
FIN 2 -55
Revised 7 -31 -69
o , 197/
Director of finance
M
Parcel #1
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PW 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
F. W. Hoepfner
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:
Being a 2.296 acre tract of land out of Lot 8, Section 8, Bohemian Colony Lands as
shown by map of record in Volume A, Page 48, Nueces County, Texas, Map Records,
said 2.2966 acre tract being more particularly described by metes and bounds as
follows:
Beginning at the common corner of Lots 1,2, 7 and 8, said Section 8; Thence N. 61 0
30' 30" W., with the Southwest boundary line of said Lot 8, across Richter Ditch,
a distance of 91.70 feet to a point for the most Southerly and beginning corner of
the tract herein described;
Thence N. 61 30' 30" W., with the Southwest boundary line of said Lot 8, a distance
of 2501.97 feet to a point in the Southeast right -of -way line of 100 foot wide Ayers
Street for the most westerly corner of the tract herein described;
Thence N. 290 00' E., with the Southeast right -of -way line of said Ayers Street, a
distance of 40.0 feet to a point for the most northerly corner of the tract herein
described;
Thence S. 61 30' 30" E., with a line that is 40 feet Northeast of and parallel to
the Southwest boundary line of said Lot 8, a distance of 2498.50 feet to a point in the
Northwest Right -of -way line of Richter Ditch, said point being in the are of a curve
for the most easterly corner of the tract herein described;
Thence in a Southerly direction with the are of a curve to the left whose central
angle is 10 40' 35" and whose radius is 1359.38 feet, a distance of 40.17.feet to the
point of beginning.
Containing 2.296 acres of land more or less.
The above description includes 0.861 acre of land constituting one -half of a 30 foot
drainage easement conveyed to Nueces County by instrument in Volume 868 Page 127,
Nueces County Texas Deed Records.
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PW 2 - Form 14a
2. The purchase price is $4,448.50
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 dram 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 70 .
6. A11 current taxes, insurance, rents, and interest, if any, are to
be prorated between the Buyer and Sellers for the year 19_7.L_ 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 $444.85 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 the Title Insurance Company
or Title Guaranty Company said title company will close the deal in accordance
2
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- 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
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
applicable covenants and use restrictions, if any, of record, and all city zoning and regulatory'
ordinances, if any,
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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. r
11.
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.
3- x
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iV 2 - Form 14d
EXECUTED in triplicate, either copy of which shall constitute an
.original, on this the day of , 19
ATTEST; F. W. Hoepfner
City Secretary
APPROVED AS TO LEGAL FORM THIS
DAY OF ,19
City - Attorney
0
SELLERS
CITY OF CORPUS CHRISTI, TEXAS
BY:
0
City Manager
BUYER
Form 14_c
T11E STATE of TEXAS
COUNTY or NUECES
BEFORE ME, The undersigned authority, on this day personally appeared
R: Marvin Townsend, City M- wager of the City of Corpus Christi, Texas, known to Inc
to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he erccuted 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 U11DER W HAND AND SEAL OF OFFICE, This day of
Notary Public in and for Nueces Cou= ty, Texas
THE STATE AF •TEyh.S
COUNTY or NUECES
BEFORE ME, The undersigned authority,'on this day personally appeared .
F. W. Hoepfner , known to me to be the person whose name is
subscribed to the foregoing instrument, and ackncwledged to me that he executed the
same for the purposes and consideration therein expressed.
l GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of
A �
Notaf7 P6blic in and for Rueces County, TE;x s
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, The undersigned authority, on this day personally appeased
and '
hie 'wife, both known to me to be the persons whose names are subscribed to the
foregoing Instru- ment,'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, acknowledged 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 IV }LAND AND SISAL OF OFFICE, The day of
Notary.1'il.ic in and For Nuecea CotmL,y, Texas
PW 2 - Form 14
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
Parcel #2
This memorandum of agreement made and entered into by and between
Joseph Sikora
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:
I. 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:
Being a 2.30 acre tract of land out of Lot 7, Section 8, Bohemian Colony Lands,
as shown by map of record in Volume A, Page 48, Nueces County, Texas Map Records,
said 2.30 acre tract being more particularly described by metes and bounds as
follows:
Beginning at the common corner of Lots 1 2, 7 and 8, said Section 8; Thence N.
610 30' 30" W., with the northeast boundary line of said Lot 7 and across Richter
Ditch, a distance of 91.70 feet to a point for the most easterly and beginning
corner of the tract herein described;
Thence along the northwest Right -of -Way line of Richter Ditch in a Southerly
direction with the are of a curve to the left whose central angle is 10 41' 54"
and whose radius is 1359.38 feet, a distance of 40.30 feet to a point for the most
Southerly corner of the tract herein described;
Thence N. 61 30' 30" W., with a line that is 40 feet Southwest of and parallel to
the Northeast boundary line of said Lot 7, a distance of 2506.67 feet to a point
in the Southeast right -of -way line of 100 foot wide Dyers Street for the most
westerly corner of the tract herein described;
Thence N. 290 00' E., with the Southeast right -of -way line of said Ayers Street,
a distance of 40.0 feet to a point in the northeast boundary line of said Lot 7
for the most northerly corner of the tract herein described;
Thence S. 61 30' 30" E., with the northeast boundary line of said Lot 7,•a distance
of 2501.97 feet to the point of beginning.
Containing 2.30 acres of land more or less.
The above description includes 0.862 acre of land constituting one -half of a 30
foot drainage easement conveyed to Nueces County by instrument in Volume 868
Page 125 Nueces County, Texas Deed Records.
h
- 1 -
X// '2
PW 2 - Form 14a
2. The purchase price is &0 v U
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 70
6. All current taxes, insurance, rents, and interest, if any, are to
,be prorated between the Buyer and Sellers for the year lg 71 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 $445.70 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 the Title Insurance Company
or Title Guaranty Company said title company will close the 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
provided herein the Buyer may enforce performance of this contract by inaction for
specific performance thereof.
8. The Buyer agree� 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.
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:•'•' .ai »• {,o!'x �»!a a s% a') to '•rr'1:••r1ss : >!•= rrs�o••� : +u- 7^ use �aann�u %aas*a�asaa•ae� 'a :�'o' •� ssoo�aa'
Nex'4 +9• %){4aNS�M6�9 • ")lra {!�a• %! M •' ^s`i1%!" '•a "'•f�a S•'!f•'3'U!a•SlRa2U•%1 "ya••s rD "%S'i "19'01'�li 'S's`? r13s9` �
10, It is Anderstood by all parties hereto that this-desl is to be closed
through the Title Insurance Company or Title Guaranty Company on or before sixty .•
days from this date.
11.
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.
k•
PW 2 - Form 14d
EXECUTED in triplicate, either copy of which shall constitute an
original, on this the day of , 19
ATTEST: Pbseplf Sikora
City Secretary
APPROVED AS TO LEGAL FORM THIS
DAY OF ,19
City Attorney
SELLERS
CITY OF CORPUS CHRISTI, TEXAS
BY:
City Manager
BUYER
x.. e - 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 wad. Deed of said City.
GIVEN UNDER MY MOM 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
Joseph Sikora , 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
1�� 19.ZZ.
Notar�blic in and for Nueces County, Texc.s
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, The undersigned authority, on this day personally appeared
and
his wife, both known 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, acknowledged 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
Corpus Christi, -Texas
AQ U day ofv///f Te fPA.EA) 19 '71
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,
. 4 R
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jack R. Blackmon 4f t_tP
Gabe Lozano, Sr. l//L�L�i
V. A. "Dick" Bradley, Jr. //p
Eduardo E. de Ases adw
Ken McDaniel (!
Lam,// t—)
W. J. "Wrangler" Roberts Lll J y
Ronnie Sizemore 61 ",
The above ordinance was passed by the following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore 4n ,ice