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Home My WebLink About10184 ORD - 03/24/1971.. 1 UKt<: JKH:3 -L4- fl AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A 60 -DAY OPTION CONTRACT WITH THE COMMUNITY DEVELOPMENT CORPORATION FOR THE PURCHASE AND DEVELOPMENT WITH THE HOUSING AUTHORITY OF CORPUS CHRISTI OF "TURN -KEY" PUBLIC HOUSING COVERING 2.998 ACRES OF LAND, BEING THE RAMSEY STREET ARMORY SITE, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH, MARKED EXHIBIT "A ", IS ATTACHED HERETO A14D MADE A PART HEREOF; 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 A 60 -DAY OPTION CONTRACT WITH THE COMMUNITY DEVELOPMENT CORPORATION FOR THE PURCHASE AND DEVELOPMENT WITH THE HOUSING AUTHORITY OF CORPUS CHRISTI OF "TURN -KEY" PUBLIC HOUSING COVERING 2.998 ACRES OF LAND, BEING THE RAMSEY STREET ARMORY BITE, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH, MARKED EXHIBIT "A ", IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO ENTER INTO THE AFORESAID CONTRACT AT THE EARLIEST PRACTICABLE DATE IN ORDER TO PROVIDE ADEQUATE HOUSING WITHIN THE CITY OF CORPUS CHRISTI AND TO UTILIZE PROPERTY THAT IS AVAILABLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN- SION 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 HAV ING, 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 50 ORDAINED, THIS THE ,�C GL Y`ftJDAY OF MARCH, 1971 - ATTE -- ww -- C TY E APPROVED: ECRTA M YOR A P O THE CITY OF CORPUS CHRISTI, TEXAS `lG DAY OF RCH 1971: CI ATTO NEY / loi8`$ c,• `4 z i THE STATE OF TEXAS THIS CONTRACT AND AGREEMENT: COUNTY OF NUECES EXECUTED BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION AND BODY POLITIC INCORPORATED UNDER THE LAWS OF THE STATE OF TEXAS, HEREINAFTER CALLED SELLER, AND COMMUNITY DEVELOPMENT CORPORATION OF CORPUS CHRISTI, A NON- PROFIT CORPORATION INCORPORATED UNDER THE LAWS OF THE STATE OF TEXAS AND AN INDEPENDENT FOUNDATION, HEREINAFTER CALLED PURCHASER, BOTH OF NUECES COUNTY, TEXAS W I T N E S S E T H: I FOR AND IN CONSIDERATION OF THE SUM OF TEN ($10.00) DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATIONS TO SELLER IN HAND PAID BY PURCHASER, SELLER DOES HEREBY GRANT TO PURCHASER THE RIGHT AND OPTION TO ELECT TO PURCHASE AT ANY TIME WITHIN SIXTY (60) DAYS FROM DATE HEREOF, FOR THE PUR- CHASE PRICE OF ELEVEN THOUSAND FIVE HUNDRED ($11,500) DOLLARS PER ACRE (TOTAL ACREAGE TO BE DETERMINED BY ACTUAL SURVEY TO BE MADE UPON THE GROUND BY A REGISTERED PROFESSIONAL ENGINEER OF THE STATE OF TEXAS PRIOR TO THE DATE OF CLOSING HEREOF) ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN NUECES COUNTY, TEXAS, AND DESCRIBED AS FOLLOWS: BEING A 2.998 ACRE TRACT OF LAND OUT OF THE W. S. HARNEY TRACT SAID 3.0 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWEST BOUNDARY LINE OF BLOCK 21, ARCADIA VILLAGE AS SHOWN BY MAP OF RECORD IN VOLUME 71 PAGE 43, MAP RECORDS, NUECES COUNTY, TEXAS, SAID POINT BEING N. 450 D5l W. 5.0 FEET FROM THE MOST SOUTHERLY CORNER OF SAID BLOCK 21, FOR THE MOST EASTERLY AND BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 44° 55' W. WITH THE NEW NORTHWEST RIGHT -OF -WAY LINE OF RAMSEY STREET, A DISTANCE OF 147.59 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE IN A WESTERLY DIRECTION WITH THE ARC OF A CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 44° 34, 18° AND WHOSE RADIUS IS 43.84 FEET, A DISTANCE OF 34.10 FEET TO A POINT THE P. C.C. OF CURVES FOR A CORNER OF THIS TRACT; THENCE IN A SOUTHWESTERLY DIRECTION STILL WITH THE NEW NORTH- WEST RIGHT -OF -WAY LINE OF SAID RAMSEY STREET, AND WITH THE ARC OF A CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 44° 34, 18^ AND WHOSE RADIUS IS 130.0 FEET, A DISTANCE OF 101.13 FEET TO A POINT, THE P. T. OF SAID CURVE FOR A CORNER OF THIS TRACT; THENCE S. 44° 55' W1 STILL WITH THE NEW NORTHWEST RIGHT -OF -WAY LINE OF SAID RAMSEY STREET, A DISTANCE OF 208.04 FEET TO A POINT, THE P. C. OF A CURVE FOR A CORNER OF THIS TRACT; THENCE IN A NORTHWESTERLY DIRECTION WITH THE ARC OF A CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 90° 00" AND WHOSE RADIUS IS 20.0 FEET, A DISTANCE OF 31.42 FEET TO A POINT IN THE NORTHEAST RIGHT -OF -WAY LINE OF 50 FOOT WIDE HOUSTON STREET FOR THE�P. T. OF SAID CURVE AND FOR A CORNER OF THIS TRACT; THENCE N. 45° 05' W.,WITH THE NORTHEAST RIGHT -OF -WAY LINE OF SAID HOUSTON STREET, A DISTANCE OF 219.33 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE N. 37° 44' 50" W., STILL WITH THE NORTHEAST RIGHT -OF -WAY LINE OF SAID HOUSTON STREET, A DISTANCE OF 3.24 FEET TO A POINT IN THE MOST SOUTHERLY CORNER 'OF' BLOCK 'l, - MODERN - HOMES "SUBDIVI -SION AS SHOWN BY-MAP OF RECORD IN VOLUME 10, PAGE 38, NUECES COUNTY, TEXAS MAP RECORDS FOR THE MOST WESTERLY CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 44° 55' E., WITH THE SOUTHEAST BOUNDARY LINE OF SAID BLOCK 11 MODERN HOMES SUBDIVISION, A DISTANCE OF 497.64 FEET TO A POINT IN THE MOST WESTERLY CORNER OF SAID BLOCK 21, ARCADIA VILLAGE; FOR THE MOST NORTHERLY CORNER OF THE TRACT HEREIN DESCRIBED; . THENCE S. 45° 05' E., WITH THE SOUTHWEST BOUNDARY LINE OF SAID BLOCK 21, ARCADIA VILLAGE A DISTANCE OF 292.54 FEET TO THE POINT OF BEGINNING. CONTAINING 2.998 ACRES OF LAND, MORE OR LESS. THE TOTAL PURCHASE PRICE OF THE TRACT AS SURVEYED HEREUNDER SHALL BE PAYABLE IN CASH AT TIME OF CLOSING. II WRITTEN NOTICE OF THE ELECTION OF PURCHASER TO PURCHASE UNDER THE TERMS OF THIS OPTION MAY BE GIVEN TO SELLER BY MAILING THE SAME IN A PREPAID SEALED ENVELOPE ADDRESSED TO THE SELLER AT CITY HALL, CORPUS CHRISTI, TEXAS; AND IN CASE SAID NOTICE IS GIVEN BY SUCH MAILING, THE TIME OF THE DEPOSIT. OF THE SAME IN SUCH PREPAID SEALED ENVELOPE IN A DEPOSITARY FOR THE RECEIPT OF THE UNITED STATES MAIL SHALL NOT ONLY CONSTITUTE SUFFICIENT NOTICE TO THE SELLER OF SUCH ACTION, BUT THE TIME OF SUCH NOTICE OF ACCEPTANCE SHALL BE IN.SUCH CASE THE TIME OF THE DELIVERY OF THE SAME IN A UNITED STATES POSTOFFICE AS AFORESAID. UPON THE GIVING OF SUCH NOTICE OF ELECTION TO PURCHASES SELLER AGREES TO FURNISH PURCHASER A POLICY OF TITLE INSURANCE TO BE ISSUED THROUGH 5'•1: THE CORPUS CHRISTI TITLE COMPANY IN THE USUAL AND CUSTOMARY FORM, TO BE ISSUED UPON THE CLOSING OF THIS CONTRACT AND FILING OF PURCHASER S DEED FOR RECORD. IF ANY TITLE OBJECTIONS ARE MADE, THEN SELLER SHALL HAVE A REASONABLE TIME TO CURE SAID OBJECTIONS AND SHOW GOOD AND MARKETABLE TITLE. IN THE EVENT OF FAILURE TO FURNISH GOOD AND MARKETABLE TITLE, ALL PAYMENT TO SELLER BY PURCHASER HEREUNDER SHALL BE RETURNED TO PURCHASER UPON THE CANCELLA- TION AND RETURN OF THIS CONTRACT, OR PURCHASER MAY ENFORCE SPECIFIC PERFORM- ANCE OF SAME. THE OPINION OF THE EXAMINING ATTORNEYS FOR CORPUS CHRISTI TITLE COMPANY SHALL BE CONCLUSIVE AS TO THE STATUS'AND VALIDITY OF THE TITLE. IV SELLER AGREESI WHEN THE TITLE OBJECTIONS HAVE BEEN CURED, TO DELIVER A GOOD AND SUFFICIENT GENERAL WARRANTY DEED, PROPERLY CONVEYING SAID PROPERTY (THE LAND) TO PURCHASER, AND PURCHASER AGREES, WHEN SUCH DEED IS PRESENTEDI TO PAY THE TOTAL CONSIDERATION FOR SAID CONVEYANCE OF THE LAND. V TAXES FOR THE CURRENT YEAR, CURRENT RENTS, INSURANCE AND INTEREST, IF ANY, SHALL BE PRORATED TO THE DATE OF CLOSING OF THIS CONTRACT. ALL PREVIOUS TAXES INSURANCE AND INTEREST SHALL BE PAID BY SELLER. VI PURCHASER AGREES TO ACCEPT TITLE SUBJECT TO ALL RESTRICTIVE COVENANTS AND USE LIMITATION OF RECORD, AND ALL ZONING AND REGULATORY ORDINANCES APPLICABLE TO SAID PROPERTY. PURCHASER DECLARES THAT HE HAS PERSONALLY INSPECTED SAID PROPERTY AND IS BUYING SAME UPON HIS OWN EXAMINA- TION AND JUDGMENT AND NOT THROUGH ANY REPRESENTATION MADE TO PURCHASER BY THE SELLER OR AGENT FOR THE SELLER] AS TO ITS LOCATION, VALUE, FUTURE VALUE, INCOME THEREFROM2 TYPE OR CONDITION OF CONSTRUCTION, OR MORTGAGE INDEBTEDNESS. VII THIS CONTRACT SHALL BE CLOSED ON OR BEFORE SIXTY (60) DAYS FROM DATE. POSSESSION OF SAID PROPERTY SHALL BE GIVEN ON CLOSING AND POSSESSION SHALL INCLUDE THE REMOVAL OF ALL EXISTING IMPROVEMENTS UPON SAID PROPERTY, INCLUDING FOUNDATIONS THEREFOR, BY SELLER AT SELLER'S SOLE COST AND EXPENSE. VI11 IN THE EVENT OF THE FAILURE OF PURCHASER TO EXERCISE SAID OPTION ON OR BEFORE SIXTY (60) DAYS FROM DATES BY NOTICE IN WRITING TO THE SELLER, -3- THEN THIS CONTRACT SHALL BE NULL AND VOID, OF NO FURTHER FORCE AND EFFECT, AND NEITHER SELLER NOR PURCHASER SHALL BE BOUND BY ANY OF THE TERMS OR PROVISIONS HEREOF, AND THE CONSIDERATION PAID TO $ELLER BY PURCHASER FOR THE OPTION HEREUNDER SHALL BECOME THE SOLE PROPERTY OF SELLER AND LIQUIDATED DAMAGES FOR ALL DEFAULT BY PURCHASER. IX IT IS UNDERSTOOD AND AGREED THAT THIS OPTION IS FOR THE PURPOSE OF PURCHASER DEVELOPING THE ABOVE DESCRIBED TRACT, OR CAUSING THE SAME TO BE DEVELOPED IN COOPERATION WITH THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI AND OTHERS, PURSUANT TO PLANS AND SPECIFICATIONS ACCEPTED BY SAID HOUSING AUTHORITY FOR DISASTER •HOUSING. WITNESS OUR HANDS IN DUPLICATE ORIGINALS AT CORPUS CHRISTI, TEXAS, THIS THE DAY OF MARCH, 1971. ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY R. MARVIN TOWNSEND CITY MANAGER APPROVED: _ DAY OF MARCH, 1971: CITY ATTORNEY COMMUNITY DEVELOPMENT-CORPORATION ATTEST: OF CORPUS CHRISTI BY SECRETARY PURCHASER Corpus Christi, Texas • 41,14 day of 19%/ TO THE MrMBERS 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 dale 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, iAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon C Gabe Lozano, Sr. C • V. A. "Dick "Bradley, Jr. • Eduardo E. de Ases Ken McDaniel �-,� ---- W. J. "Wrangler" Roberts CI'l Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases G[ t Ken McDaniel W. J. ','Wrangler" Roberts Ronnie Sizemore C �-