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HomeMy WebLinkAbout10202 ORD - 03/31/1971vm- 3/30/71 i AN ORDINANCE * AUTHORIZING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS FOR THE ACQUISITION OF PARCELS NO. 2, 6, 7, AND 8 OF THE HILLCREST N.I.P. PROJECT, COPIES OF l•HICH ARE ATTACHED HERETO, MARKED EXHIBIT "A ", "B "C" AND "D "; APPROPRIATING OUT OF THE 220 BOND FUND X836, OF WHICH $490 IS FOR LAND ACQUISITION AND $346 IS FOR CLOSING COSTS, ALL APPLICABLE TO PROJECT NO. 220 -67 -92.4; AND DECLARING AN EMERGENCY. TEXAS: 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 OWNERS OF PARCELS No. 2, 6, 7, AND 8, BEING ELITA CANTU CASTRO, ALFRED EDGE, W. L. GREEN AIJD WIFE VELMA G. GREEN PARCELS 7 AND 8), RESPECTIVELY, SAID PARCELS BEING DESCRIBED AS FOLLOWS: PARCEL NO. 2 Being a tract of land out of Lot 3 Block 1, Sunset Place as shown by map of record in Volume 4, Page 25 Map Records, Nueces County, Texas, said tract of land being' more particularly described by metes and bounds as follows: Beginning at the most northerly corner of said Lot 3, said point being in the South west right of way line of West Broadway, for the most northerly and beginning corner of the tract herein described; 0 Thence S. 69 08' 40" E., with the northeast boundary line of said Lot 3, a distance of 50.64 feet to the most easterly corner of said Lot 3 and for the most easterly scorner of the tract herein described; Thence S. 29 45' 30" Tai., iri.th the Southeast boundary line of said Lot 3, a distance of 3.14 feet for the most southerly corner of the tract herein described; ' Thence N. 68 0 34' ia., a distance of 50.57 feet to a point in the northwest boundary line of said Lot 3, for the most westerly corner of the tract herein described; Thence N. 290 46' 50" E., with the northwest boundary line of said Lot 3, a distance of 2.62 feet to the point of beginning. Containing 145.7 square feet of land more or less. PARCEL N0. 6 Being a tract of land out of Lot 7, Block 1, Sunset Place as shown by Map of record in Volume 4, Page 25, Map Records, Nueces County, Texas, said tract of land being more particularly described by metes and bounds as follows: Beginning at the most northerly corner of said Lot 7, said point being in the Southwest right -of -way line of West Broadway, for the most northerly and beginning corner of the tract herein described; Thence S. 69 0 08' 40" E., with the Northeast boundary line of said Lot 7, a distance of 50.64 feet to the most easterly corner of said Lot 7, for the most easterly corner of the tract herein described; 10202 Thence S. 29 ' 40' 55' E., with the Southeast boundary line of said Lot 7, a distance of 5.20 feet to a point the most southerly corner of the tract herein described; Thence N. 68 0 34' W., a distance of 50.56 feet to a point in the Northwest boundary line of said Lot 7, for the most westerly corner of the tract herein described; Thence N. 290 41' 55" E., with the northwest boundary line of said Lot 7, a distance of 4.68 feet to the point of beginning. Containing 250.0 square feet of land more or less. PARCEL N0. 7 Being a tract of land out of Lot 8, Block 1, Sunset Place, as shown by map of record in Volume 4, Page 25, BJap Records, I%Iueces. County, Texas, said tract of land being more particularly described by metes and bounds as follows: Beginning at the.most northerly corner of said -Lot 8,.said point being in the Southwest right -of -way line of West Broadway for the most northerly and beginning corner of the tract herein described; Thence s. 69 0 08' 40" E., with the Southwest'right -of -way line of said West Broadway, a distance of 50.64 feet to-the most easterly corner of said trot 8, for the most easterly corner of the tract herein described; Thence S. 290 40' W., with the Southeast boundary line-of said Lot 8, a distance of 5.71 feet to a point, the most Southerly corner of the tract herein described; Thence N. 68 34' W. a distance.of 50.56 feet to a point in the Northwest boundary - line of said Lot 8, for the mostlwesterly.corner of the tract herein described; Thence N. 290 40' 55' E., with the northwest boundary line-of said Lot 8, a distance of 5.20 feet to the point of beginning. Containing 276.0 square feet of land more or less. Parcel No. 8 Part of Lot 9 Being a tract of land out of Lot 9, Block 1, Sunset Place, as shown by map of record in Volume 4, Page 25, map records, Nueces County, Texas, said tract of land being more particularly described by metes and bounds as follows: Beginning at the most northerly corner of said Lot 9, said point being in the South- west right of way line of West Broadway, for the most northerly and beginning corner of the tract herein described; Thence 5.69%8140 "E., with the Southwest right of way line of said West Broadway, a distance of 50.64 feet to the most Easterly corner of said Lot 9, for the most Easterly corner of the tract herein described; - Thence S.29039'4ollw., with the Southeast boundary line of said Lot 9, a distance of 6.23 feet to a point for the most Southerly corner of the tract herein described; Thence N. 68034'w., a distance of 50.56 feet to a point in the northwest boundary line of said Lot 9, for the most westerly corner of the tract herein described; Thence N. 290401E., with the northwest boundary line of said Lot 9, a distance.of 5.71 feet to the point of .beginning. Containing 302.10 square feet of land more or less. -2- i ' I COPIES OF SAID REAL ESTATE SALES CONTRACTS, MARKED EXHIBIT "AII, IIBII, IICII, AND IIDII ARE ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF THE No. 220 BOND FUND THE SUM OF $836, OF WHICH $490 IS FOR LAND ACQUISITION AND $346 IS FOR CLOSING COSTS, ALL APPLICABLE TO PROJECT NO. 220 -67 -92.4 AS FOLLOWS: CLOSING PARCEL OWNERS COST COST TOTAL 2 ELITA CANTU CASTRO $ 50.00 $86.50 $136.50 6 ALFRED EDGE 115.00 86.50 201.50 7 W. L. GREEN AND WIFE VELMA G. GREEN 200.00 86.50 286.50 8 W: L. GREEN AND WIFE VELMA G. GREEN 12_5.00 86.50 211.50 TOTALS $49o.00 $346.00 $836.00 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 AS SOON AS POSSIBLE 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 INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE Izt DAY OF MARCH, 1971. ATTEST: ""V CIT SECRETARY l M O THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: ,,DAY OF MAR 1971: fY ATTORNEY PW 2 - Form 14 REAL ESTATE SALES CONTRACT Parcel J/2 THE STATE Or TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by.and between Elite, Cantu Castro 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: ]. 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 tract of land out of Lot 3 Block 1, Sunset Place as shown by map of record in Volume 4, Page 25 Map Records, Nueces County, Texas, said tract of land being more particularly described by metes and bounds as follows: Beginning at the most northerly corner of said Lot 3, said.point being in the South west right of way line of West Broadway, for the most northerly and beginning corner of the tract herein described; o Thence S. 69 08' 40" E., with the northeast boundary line of said Lot 3, a distance of 50.64 feet to the most easterly corner of said Lot 3 and for the most easterly corner of the tract herein described; Thence S. 29 45' 30" W., with the Southeast boundary fine of said Lot 3, a distance of 3.14 feet for the most southerly corner of the tract herein described; Thence N. 68 0 34' W., a distance of 50.57 feet to a point in the northwest boundary line of said Lot 3, for the most westerly corner of the tract herein described; Thence N. 290 46' 50" E., with the northwest boundary line of said Lot 3,'a distance of 2.62 feet to the point of beginning. Containing 145.7 square feet of land more or less. - 1 - " it �XNI13 /T 4 PW 2 - Form 14a ,l 2. The purchase price is c�YO. U D 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 3 J� 7/ 6. Due to the very negligible amount of Taxes due the City for 1971 and the greater cost of calculating and collecting the same payment of such taxes remitted,d 5 subject to approval of this contract by the City Council. p aryl CeoaS.L TI °'v 6. -- Alb- aurreat- taxes, - insurance, _ rents ,_ and- interest,- if- Dzv, _arP— iD rt F_R"- o O.4 be- prerated.- between - the- nuyer -axd- Sellers -for - the - year- 1Sj_21____ to- date_af_closing, exeept-as- may- be- ke�e =_n- ethe�w}se- }�revaded� 7. Buyer has this day deposited with the Title Insurance Company or Title Guaranty Company the sum of _5__-0b 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 - N 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 agrees to accept title subject to all outstanding restrictive covenants and use restrictions, if any, of record, and all city zoning and regulatory 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. % FiT S3 M1!• SRUi` a') 1lid'1`3��91'4 "1��4'�U77!!'!`7A �h`?Sf{ d = »�:Y:+1" 7`973`O^9•H'730��ii+` 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 - 0 PW 2 - Form 14d EXECUTED in triplicate, either copy of which shall constitute an original, on this the day of , 19 ATTEST: Elita Cantu Castro City Secretary SELLERS CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS J�J°'`ZDAY OF BY; City Manager , BUYER City Attorney - Form III -c THE STATE OF TE }.AS COUNTY OF NUECES BEFORE ME, The -u dersigned authority, on this day personally appeared R: Idarvin Townsend, City Manager of the City of Corpus Christi, 'Texas, known to the to be the person whose name is subscribed to the foregoing instnunent wid 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 ]dY ]]AND AND SEAL OF OFFICE, This day of 19 Notary Public in ana for Nueces County, Texas TIM, STATE OF TEXAS COUNTY OF hMCES BEFORE ME, The undersigned authority, on this day personally appeared Elita Cantu Castro , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some for the purposes and consideration therein expressed. � GIVEN UNDER IdY HhND AND SEAL OF OFFICE, This the day of Notary Pul>lic 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 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 urife of the said , having been examir_ed 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 came for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY IIAND AND SEAL OF OFFICE, The day of 19 Notary ]ublic in and for Nuccos County, Texas PW 2 - Form 14 Parcel REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between Alfred Edge 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 term's 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 tract of land out of Lot 7, Block 1, Sunset Place as shown by Map of record in Volume 4, Page 25, Map Records, Nueces County, Texas, said tract of land being more particularly described by metes and bounds as follows: Beginning at the most northerly corner of said Lot 7, said.point being in the Southwest right -of -way line of West Broadway, for the most northerly and .beginning corner of the tract herein described; Thence S. 69 O 08' 40" E., with the Northeast boundary line of said Lot 7, a distance of 50.64 feet to the most easterly corner of said Lot 7, for the most easterly corner of the tract herein described; - Thence S. 290 40' 55' E., with the Southeast boundary line of said Lot 7, a distance of 5.20 feet to a point the most southerly corner of the tract herein described; 0 Thence N. 68 34' W., a distance of 50.56 feet to a point in the Northwest boundary line of said Lot 7, for the most westerly corner of the tract herein described; Thence N. 290 41' 55" E., with the northwest boundary line of said Lot 7, a distance of 4.68 feet to the point of beginning. Containing 250.0 square feet of land more or less.. - 1 - ry 4 PW 2 - Dorm .01a 2. the purchase pr.i cc is 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 indeimiify 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 Narra_nty 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 19Z. ,_ . 6. Due to the very negligible amount of Taxes due the City for 1971 and the 3 - greater cost of calculating and collecting the same, payment of such taxes remitted, as pAeiT sub J ect to approval of this contract b the City Council. ` N %l(ib G J:LE U N00-- &R� A -- A]1 - cu-i�i _ A ,- tar_es,-- is anee;- 1- etgte;- aid- 3nteFest-, -3z }e-t)r —e t, — beti.-een the•- Buyeei- - SelleYa -fe3F - the- yee.=-- 19- 71 ---- #,o- 4kn,-e­of- �l�i�tgf axe a-s- ffitz3�-1x_-4iex-ein- of ep ;arse -pnev ided: 7. Buyer has this day deposited with the Title Insurance Company or Title Guaranty Company the sum ofh'� /. S� 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 - Pi+i 2 -• Form the with its usual acid custem,iry 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 sp:ci.fic 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. • wi•vu•••• a•ea•aae• • ••• v suvo•bo•• •cs o•`w o•••a' • r •v•' •r•a•••• •• •.•. a.�•e•�a.�.��•, n•.•a.•e•.e•�a •'aooaa• •e•nSoro•c • c•ocao••caa ro a' aaaasdo a• a` as • as osd 9•vo•o' ... 'ao! ♦ o •so ax •tOC• 'C7w OC'a '••• soc ' a o•a••a ear• a000a• • a• '•••aaa•auo� •t0 ON! ii•0 S1S0 ! •00.0! ad •0'•a�•0 '�•'1 • C a •!1 °0 • !4 sa �R•1• sa•o!'aaoox •oo o• o' • a aos•do• 3a• ...... 'aC'Y'6•aaCC•a•a�•l•i4iia Ja �a saaa •aoa'a`a aasaaaaoa•aaa•ow• na•aso•'a• 3•.wa •v as "3• • ' o •ac••va••�asa•a•�a•asaQO•ya•aaa •• 'a'aa •oa a 'a•o o•�a'ova •aOSa.S•xaxSCC•C�'aa1009C• o•aaa y aa`acaa�s • a`a`aa aaaa a•� a •a oo'r•••a�•a� a •a' • aoa•soosso•aanso6 sooc•co •Cacsa••s ao ••s�s'aaa � �sa'aa aa•a •a a''a aaa• a•y` a • 'vary ": ••cao•SSvc•'a c ca•c3ac•ozacc'r•'a'aava�a asaa•••iaaa•a•v`araa�waa• a 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. 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 - PW 2 - Form 14d EXECUTED ih triplicate, either copy of which shall constitute an original, on this the day of ATTEST: City Secretary CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS 4DAY OF I /NA e ,19 f7—/—. BY City Manager . BUYER City torney I - form lh -e THE STATE OF TEXAS tt COUNTY OF NUECES BEFORE 1;E, The 'undersigned authority, on this day personally appeared R. Marvin To nscnd, City Manager of the City of Cor..pus Christi, Texas, k+iotim 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 I;Y HAND AND SEAL OF OFFICE, This day of • � 19 Notary Public in and for Nueces Courty, Texas THE STATE OF TE)= COUNTY OF ETIJECES BL•FORE 1E, The u-ndersigned authority, on this day personally appeased Alfred Edge , known to me to be the person whose name is subscribed to the foregoing instrument, and ack- nowledged to me that he executed the same for the purposes and consideration therein expressed. n GIVEN UNDER MY HAND A111) SEAL OF OFFICE, This the � � �\ day of 197�_• Notary P Xic in and for 9-County, TExAs THE STATE OF TEXAS COUNTY OF NUECES BEFORE MEi 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 U14DER MY HAND AND SEAL or OFFICE, The day of 19 " hotnry I'.i!.I ir. ,i1( !111(1 for Nuccu;; CoLmt.•y, Texas PW 2 - Form 14 I REAL ESTATE SALES CONTRACT Parcel No. 7 THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between W. L. Green and wife Velma G. Green 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 tract of land out of Lot 8, Block 1, Sunset Place, as shown by map of record in Volume 4, Page 25, Map Records, Nueces County, Texas, said tract of land being more particularly described by metes and bounds as follows: Beginning at the most northerly corner of said Lot 8, said point being in the Southwest right -of -way line of West Broadway for the most northerly and beginning corner of the tract herein described; Thence S. 69 0 08' 40" E., with the Southwest right -of -way line of said West Broadway, a distance of 50.64 feet to the most easterly corner of said Lot 8, for the most easterly corner of the tract herein described; Thence S. 290 40' W., with the Southeast boundary line of said Lot 8, a distance of 5.71 feet to a point, the most Southerly corner of the tract herein described; Thence N. 68 0 34' W., a distance of 50.56 feet to a point in the Northwest boundary line of said Lot 8, for the most westerly.corner of the tract herein described; Thence N. 290 40' 55' E., with the northwest boundary line of said Lot 8, a distance of 5.20 feet to the point of beginning. Containing 276.0 square feet of land more or less. mm F 14 /,i3 /7` „e' P11 2 - Form 14a 2. The purcha .,;c price is $ 00. D O 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 a^swd indemlify 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 15L70 •3 -3o -J/ 6. Due to the very negligible amount of Taxes due the City for 1971 and the greater cost of calculating and collecting the same, payment of such taxes remitted, a 5 subject to approval of'this contract by the City Council. PaFZr GatlSro €/'7�L�r✓ 6--f3.3- -eurvti -t��t. �^c-s� �^etsr:aee�- rent��- and -intcrca��-i£ -ai'1q �- e.re --tv- N���ua1�/.L be- p;tr?- ttrted- -be�, reerr-ti-n-- Buyer - and - -rs- for -the -year - 19-73- - - -to- date tr£ �iosi , excel a,s -uk3T- 2>c- hca �i- n- .athtu�.;i sa. ��ui�ec�. 7. Buyer has this day deposited with the Title Insurance Company or Title Guaranty Company the sum -of'�2 . EJ6 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 - IW2- Form 111c 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. ♦ •e H•!•' P!' O•P9 •Yb • MYO•'•40'•t`P'6•'Y:tlOI'QY'•h!• Asa• to•'va•••••••••• •� •••••••• • •••••••••••••••••y•oYly oe• •NN' P ' 4'PYU'P1UF •••a 'yoa'•ce•'o• a ••�s Pa `ao•a'a•a'Pa :S•OA:e ie•!••e•.00•e'O 0•M rela• ♦ U••i J••0U)UM• ••'• e•VQtle. •' O''•r•!•'tltlatl !•Y•Y•Y'a�Y01Y tl'tl'a'•tl•OY• h•1 •••P9 ••P Pay !• ••4!•ty •y 41•P•!•f!•'•!'Y' •P''• ••!•' 9•`L'•!'•Y• •••D 0•Y0 ! •CO!••• � •Jd•eP••tl1 •!9' w• • ! 4! •yY1•Ny1!•y P'•tlP 'P'•'K •'•:!•!' !•�•y '•7• "•YT •P '•` ------ ------ 4a•:9O U,. 9 ••eee)•s••► 4U• U•0 lU49• tl' 9• N•' VY' efil•'••'Ie�BN'L�!•9iltlS'O'P'a• a•aeebe'•' ••y •oeob• • '?Vl •yJl• •• o. "••!'•v9 'tttl 9Ot44•S•!J t'•!.•P'Ii •r ' •e•'•• •a,•aa `tS'OP'alyf'•P•alEO •dG ....... • . 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. 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 t'ianager 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 - w - , ,�.. PW 2 - Form 14d EXECUTED in triplicate, either copy of which shall constitute an original, on this the day of , l9 ATTEST: �vtf2 f /"L ce'4-1- W. L. Green A51, �L2_ec�yc� City Secretary SELLERS CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS 0� DAY OF .*v"'4 ,19y/ BY: . City Manager BUYER City At orney I Form 111-k! IT111; :71111,11; 0,' TEX101 COUIN'TY OF NUU.'.; IMPORL' ME.-, The aufliori•y, on this day personally appeared 11. Marvin Tolm.,lond, City 11-Lijaler of tho City of Corpus Christi, Texas, known to ale to be the person whose nwric is to the fovcgoin,,; in.trumont card ca to me that he exceut,ca the sznjiie for the purposes and con-,ideration therein expressed, and in the capacity therein stated and nr the Act =d Deed of Z 'L d * 4, y C- GVEN UPIDER Mff HP-ND AND SEAT; OF OFFICE', This clay of in eta for "UeCes Co�urty, TC.X' TIME STILL: OF TE,.AS COMY '017' IMICIES BEror'-r .:E, The u:ders-ILpied authority, on this day person—ally appeared known to me to be the person vhose nawne is subscribed to the foregoing instrument, and acknowled3cd to me . that he executed the same Por . the purposes and co-sideratticn therein expressed. MMN UTMER I•',Y ILPM AIND SrAL OF OFFICE, This the 3� day' of 3-9 - ],,Iotary Pablic in and for K-aeces Coiuuy, Texas THE STATE OF TEMA S COUNTY OF NUECES BUOREP ME, The 'Luidersiggied authority, on this day personally -appeared W. L: Green and Velma G. Green his irife, both to me to be the persons whose names are subscribed to the foregoing instrivnent and acknowledged to me that they each executed the same for the Yurposes and consideration therein expressed, and the said Velma G. Green wife of the said W. L. Green having been ex--ai-ncd by me privily and apart from h'er husband., ac1-no-,r1c(3Zcd such instrument to be her act and deed, and declared that she had willingly signed the came for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDY-M MY ))AND AND SFAT, Or OFFICIO, The dy of YoWt1*.N'.j%W1J(' J11 1111d full cuulki-y' T. 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 W. L. Green and wife Velma G. Green 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: Parcel No. 8 Part of Lot 9 Being a tract of land out of Lot 9, Block 1, Sunset Place, as shown by map of record in Volume 4, Page 25, map records, Nueces County, Texas, said tract of land being more particularly described by metes and bounds as follows: . Beginning at the most northerly corner of said Lot 9, said point being in the South- west right of way line of West Broadway, for the most northerly'and beginning corner of the tract herein described; Thence 5.69%8'40 "E., with the Southwest right of way line of said West Broadway, a distance of 50.64 feet to the most Easterly corner of said Lot 9, for the most Easterly corner of the tract herein described; Thence S.29 039'40 "W., with the Southeast boundary line of said Lot 9, a distance of 6.23 feet to a point for the most Southerly corner of the tract herein described; Thence N. 680341W., a distance of 50.56 feet to a point in the northwest boundary line of said Lot 9, for the most westerly corner of the tract herein described; Thence N. 29040'E., with the northwest boundary line of said Lot 9, a distance of 5.71 feet to the point of beginning. Containing 302.10 square feet of land more or less. IWIM � )C 1418 /T p << PW2- Form 111a 2. The purchase price is �� 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. ALL 5. All taxes to be paid by Sellers'up to and including the year 19_.3 -3a'7� 6. Due to the very negligible amount of Taxes due the City for 1971 and the greater cost of calculating and collecting the same, payment of such taxes remitted, 46 subject to approval of'this contract by the City Council. P%�12T f°'USIOEs2�I T���✓ pfAN�eC fa -- - c,�.�rx 'k tam= s- iasu�aaae�_ ronis�_ ana- ittterr.Z#,_i.i_any_ax�__to_ -- b�_}�r�ratc�1• belt; racjx���C�uyar- �xxl�clle�s- fas- thy- Saal=- ls�'----- -to-•d,.2te --0.f_ ^, ^ ^; �., .exempt -ate• may -.ba - txir�ix� �tix+- -r -w.ls� - p�e�ided.. 7. Buyer has this day deposited with the Title Insurance Company or Title Guaranty Company the sum of 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 III with its usual and customary procedure. In the event Sellers rail 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. Of said consideration mentioned in Paragraph 2 the sum of Dollars is agreed to be paid to Sellers as damages to the improvements on the lot, a part of which lot is hereby contracted to be purchased by buyer and the Sellers agree and hereby obligate themselves to remove all building .improvements from that portion of the lot hereby agreed to be sold and Sellers agree to complete such removal at their own expense prior to the date of closing of this -sale and at all events Fri.thin Ninety (90) days from the date hereof; and failure of Sellers to complete such moving within said time shall automatically authorize purchaser to remove same and deduct the cost of such removal from the consideration herein agreed to be paid. 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. 11. 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. - 3 - PW 2 - Form 14d EXECUTED in triplicate, either copy of which shall constitute an original, on this the day of , 19 ATTEST: City Secretary SELLERS CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS ,fin � DAY OF // 1,(,f 4 �15W BY: City Manager BUYER City torney lj'Jli-,' 6111TE 0:' T1`),A!J 71111111011311 ME, The autboriL.,•, an th-io day peravna.1-1.)• Zipp'--arod Marvill Twm.-C:31d, CJI-ty 3-1,magcr Of the Ci'.y Of Corj?'Ll Christi known to me to be the parson i.hoEe nnific is subscribc:d to Llic fore - going, Mid to me that he executed the smite for the purposes and consideration therein expressed, ,'t aa Ild h in the czr pacit 6y therein stotcft and as. the Act amd Deed of said City. G:1%7PN MMr, 1,11Y HAVID AND SEAL 07 OFFICE, This day Of 19� EoLa.ry 11oblic in alICL 3:or 7l,,CCCS Cote_ ,y, "�,,,,,S :',,y, "rexas TIM. STATE OF -mmo COUNTY OF NUECES DEFORD The w:dars'-',,-ned authority, on this day personally appeared Iniown to me to be the person whose naliva is subscribed to the foregoing instriLment, slid acY-n-owledged to me that lie executed the same for.the purposes and consideration therein expressed. GIVEN UVIDER 1,ff 11AND AND SEAL OF OFFICE, This the day of Rotary Foblic in and for Nueces Couri;y, Tex-as TED STATE OF TEXAS COUNTY OF ITUEECES MrORE 1,M,• The wndcrsi_—ied authority, on this day personally appeared W. L. Green and Velma G. Green his wife, both •Lriou-i to me to be the persons whose names are subscribed to the foregoing instrument, and aclzio,,..ledZed to me that they each executed the same for the P*11rPoFiis and consideration therein expressed, and the said Velma G. Green wife of the said W. L. Green having been exama-rica by me privily and -pz,-xt from her husband, acknowledged such instrument to be her act and deed, and declared that she had willingly zignecl the same for the purpocos and consideration therein ujipssed, and that she did not wish to retract it. GIVEN UNDER MY )LAND AND SEAL OF OFFICE, The - �'ri day of KI 6FAII 1111d CITY OF CORPUS CHRISTI, TEXAS ` CERTIFICATION OF FUNDS (City Charter Article IV Section 21)� , March 26, 1971 i •k I certify to the City Council that $ 836.00 , 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 220 Bond Fund Project No. 220 -67 -92.4 Project Name N.I.P. Hillcrest Area from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 19--7 _ irec or finance FIN 2 -55 Revised 7 -31 -69 t'- Corpus Christi, Texas A: 7day of /t/�, 1971 TO THE I-MI SERS OF THE CITY COUNCIL Corpus Christi, Texas ' - A For the reasons set forth in the emergency clause of the foregoing ordinance, a.public emergency and imperative necessity exist for the suspen- - %s ion 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, THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon i Cabe Lozano, Sr. V. A. "Dicic"Bradley, Jr. ,r Eduardo E. de Ases� -[� Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the fol owing vote: Jack R. Blackmon Cabe Lozano, Sr. - V. A. "Dick" Bradley, Jr. � e Eduardo E. de Ases ICen McDaniel W. J. ''Wrangler" Roberts Ronnie Sizemore v Y: