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HomeMy WebLinkAbout10203 ORD - 03/31/1971= 3- 30- 71:mvl ' 4 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS FOR THE ACQUISITIONS OF PARCELS NO. 12 AND 19, HILLCREST N.I.P. PROJECT, N0, 220 -67 -92.4; APPROPRIATING $974 OUT OF NO. 220 STREET BOND FUND, OF WHICH $657 IS FOR ACQUISITION OF PARCEL NO. 12, OWNED BY MARVIN V. HELMS AND WIFE, MARTHA JEAN HELMS, AND $86.50 IS FOR CLOSING COSTS; AND $144 IS FOR ACQUISITION OF PARCEL NO. 19, OWNED BY JOHN H. TOPSY, AND $86.50 IS FOR CLOSING COSTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, j TEXAS: " SECTION 1. That the City Manager be, and he iS hereby, authorized i and directed to execute real estate sales contracts with the owner of Parcel No. 12, Marvin V. Helms and wife, Martha Jean Helms, and with the owner of Parcel No. 19, John H. Topsy, said parcels being described as follows: PARCEL NO. 12 Being a tract of land out of Lot 5 & 6, Kennedy Place, as shown by Map or record y in Volume 13, 1'a„e 41, Yap Records, Nueces County, Texas, said tract of land being more particularly described by metes and bounds as follows: Beginning at the most westerly corner of said Lot 6, the same being the most northerly corner of Lot 5, said Kennedy Place for the most westerly and beginning corner of the tract herein described; Thence N. 310 12' 30" E., with the Northwest boundary of said Lot 6, a distance of 2.06 feet to a point in the present South right of tray line of West Broadway for a corner of the tract herein described; Thence m 690 58' E., with. the present South right -of -way line of said I -lest Broadway and with the North boundary of said Lo 6, a. distance of 65.62 feet to a point, the .point of curve of a curve.to the right; Thence in an easterly direction still with the present'South right'of tray line of said West Broadway and with the arc of said curve to the right whose central angle is 270 15' 50 ", and whose radius is 120.0 feet, an are distance of 57.10 feet to a point, the point of compound curve; Thence in a Southeasterly -.rd Southerly direction with the are of a curve to the right whose central angle is 1130 56' 10" and whose radius is* 10.0 feet, an arc distance of 19.89 feet to the point of -tangency, said point being in the present Northwest right - of -way line of Kennedy Street; _ Thence S-. 310 10' W., with the present Northwest right -of -way line of said Kennedy St. at 76.56 feet pass the most southerly corner of said Lot 6, in all a distance of 132.06 feet to a point in the most Southerly corner of said Lot 5, for the most Southerly corner of the tract herein described; . Thence II. 580 50' W., with the Southwest boundary line of said Lot 5, a distance of 4.56 feet to a point for a corner of t_ia tract herein described; Thence N. 310 10' E., with a line that is 4.50 feet Northwest of and parallel to the - present Southeast right of auy line.of said Kennedy Street, at 53.50 feet pass the Northeast boundary line of said Lot 5 in all a distance of 117.39 feet to a point on the arc of a curve for a corner of the tract herein described; Thence in a Northwesterly direction with the are of a curve to the left whose central angle is 1000 27' 45" and whose radius is 10.0 feet, an are distance of 17.53 feet to a point the point of compound curve; 10203 Thence in a westerly direction with the arc of a curve to the left whose central angle is 160 38' 45 ", and cfnose radius is 227.79 feet, an are distance of 66.18 feet to the point of tangency of said curve; Thence S. 74 0 21' 45" W., at 38.83 feet pass the southwest boundary line of said Lot 6, in all a distance of 42.93 feet to a point in the Northwest boundary line of said Lot 5, for a corner of the tract herein described; Thence N. 31 0 12' 30" N., with the Northwest bound5ryline of said Lot 5, a distance of 2.99 feet to the point of beginnin .g. Containing 1885.80 square feet of land more or less. -- PARCEL NO. 19 Being a strip of land 4.50 feet wide by 107.0 feet long, and being the Southeast 4.50 feet of Lots 3 and 4, Kennedy Place as shown by Map of record in Volume 13, Page 41, Map Records, Nueces County, Texas. Containing 481.5 square feet of land more or less. Copies of said real estate sales contracts, marked Exhibits "A" and "B ", are attached and made a part hereof. SECTION 2. There is hereby appropriated out of No. 220 Street Bond Fund the sum of $974, of which $657 is for acquisition of Parcel No. 12 owned by Marvin V. Helms and wife, Martha Jean Helms, and $86.50 is for closing costs; and $144 is for acquisition of Parcel No. 19, owned by John H. Topsy, and $86.50 is for closing costs. 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 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 orresolution 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 i effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 1A - day of March, 1971, ATTEST' G G City Secret dry APPROVED : LLD Y OF RC 1971: u•. 1� City Attorney MAYO aHE CITY OF CORPUS CHRISTI, TEXAS Parcel DT- 12 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 Melvin V. Helms et ux Martha Jean Helms 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 5 & 6, Kennedy Place, as shown by Map or record in Volume 13, Page 41, Map Records, Nueces County, Texas, said tract of land being more particularly described by metes and bounds as follows: Beginning at the most westerly corner of said Lot 6, the same being the most northerly corner of Lot 5, said Kennedy Place for the most westerly and beginning corner of the tract herein described; Thence N. 310 12' 30" E., with the Northwest boundary of said Lot 6, a distance of 2.06 feet to a point in the present South right of way line of West Broadway for a corner of the tract herein described; Thence N. 690 58' E., with the present South right -of -way line of said West Broadway and with the North boundary of said Lot 6, a distance of 65.62 feet to a point, the point of curve of a curve'to the right; Thence in an easterly direction still with the present South right of way line of said West Broadway and with the are of said curve to the right whose central angle is 270 15' 50 ", and whose radius is 120.0 feet, an arc distance of 57.10 feet to a point, the point of compound curve; Thence in a Southeasterly gnd Southerly direction with the arc'of a curve to.the right whose central angle is 113 56' 10" and whose radius is 10.0 feet, an are distance of 19.89 feet to the point of tangency, said point being in the present Northwest right - of -way line of Kennedy Street; Thence S. 310 10' W., with the present Northwest right -of -way line of said Kennedy St. at 78.56 feet pass the most southerly corner of said Lot 6, in all a distance of 132.06 feet to a point in the most Southerly corner of said Lot 5, for the most Southerly corner of the tract herein described; Thence N. 580 50' W., with the Southwest boundary line of said Lot 5, a distance of 4.50 feet to a point for a corner of the tract herein described; Thence N. 310 10' E., with a line that is 4.50 feet Northwest of and parallel to the present Southeast right of way line of said-Kennedy Street, at 53.50 feet pass the Northeast boundary line of said Lot 5 in all a distance of 117.39 feet to a point on the arc of a curve for a corner of the tract herein described; - 1 - 16Xh�'�� Thence in a Northwesterly direction with the arc of a curve to the left whose central angle is 1000 27' 45" and whose radius is 10.0 feet, an are distance of 17.53 feet to a point the point of compound curve; Thence in a westerly direction with the arc of a curve to the left whose central angle is 160 38' 45 ", and whose radius is 227.79 feet, an are distance of 66.18 feet to the point of tangency of said curve; Thence S. 740 21' 45" W., at 38.83 feet pass the southwest boundary line of said Lot 6, in all a distance of 42.93 feet to a point in the Northwest boundary line of said Lot 5, for a corner of the tract herein described; Thence N. 31 0 12' 30" N., with the Northwest boundary line of said Lot 5, a distance of 2.99 feet to the point of beginning. Containing 1885.80 square feet of land more or less. 1 -A Pid 2 - Form l!la/ 2. The purchase price is DO 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 inde;Lnify 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__. 6. All current taxes, insurance, rents, and interest, if any, are to be prorated between the-Buyer and Sellers for the year 19 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 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 - nir_- Porm14c with its usual and customary procedure. In the even(: 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. xx �ipcx-` �c�ac�rx�r, si�rxxzxi�x'�sxS,¢3c��c'- '-�•'� ��"� { ;x� �y+axraxum s - ? iLNKAXXRwdv4LlRxRv °'1��+^VV;w�vn t - 43iFi >xR]i"�:l[33#�k]}i�`2k'- L:xxxK o�ti�u��. � ^•xl�o.:_b.�,..�,a...�-aaa�xt �¢s:am�ks�,�s�-������ -°'�' ��rxr,+�rdxv -frxm�� atexLra�ze2f�ss3rdx� ,x�t'�+�.'f'renarsc-�rx1r43r�x '�'R1X�'�F zxIRTLi�X 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. a;ue-sc�virxaaiFlx���$Y 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 14-d EXECUTED in triplicate, either copy of which shall constitute an original, on this the �,' "/ day of ATTEST: City Secretary SELLERS CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS add` DAY OF '11WW44 _ ,19 -• BY: City Manager BUYER Cit Attorney T111, -TATI; 01' TEXA:;- COUNT), OF NUENT1111 ItIPPOI'L. xj., The authority, oil th•:; clay personally appeared R; Marviri City J•',miaUer of the City of Corpus Christi, Toxas., k-1101.,11 to 311C to be the pe.'ron whose numa is sub: c:VD)Qd to the forogoing in.trumont. aid VL)-,llQW1C(13Cd -to me thaL% he oxccutcd the scwae for the p-a-poscs and considcx•aiion therein exprec.,ried, and in the capacity therein stated and as the Act una Decd of said City. GIVEN U,"DER 1.1f RAED Ali ID SEAL OF OFFICE, This day of Bablic in ana for 711'acces County, Texas TH11 STKCE 02 TF111 S COMITY Oil, PUB-CIES BEFORE ID, The udcrsiGned authority, on this day personally appeared lmo�.m to me to be the person ifhose name is subscribed to the forcgoin,,, instrii-jent, &T& aeLnowled-ged to me that he executed the same for the purposes and consideration therein expresncd. GIVEN UN'DE'R I,ff HAUD AND SEAL OF OFFICE, This the day of -aeces County, Texas Notary Ploblic in arid for 1, T THE STATE OF TEXAS COUlf-PY OF JRJECES BEFORE 1.11E, The widersi—ped authority, on this day personally appeased Melvin V. Helms acrd Martha Jean Helms his 'trif e, both 'mown to me to be the persons ,.,I,.osc P-mmes are subscribed to the foregoing Lnst.rumcnt and acknowledged to me that they each executed the sane for the purposes and consideration therein ex-Dressed, and the said Martha Jean Helms _, wife of the said Melvin V. Helms licivin." been exai-d-ned by me privily and apart from her husband, acknowledged such instrument to be hor act and deed, and declared that she had willingly signed the Game for the purpoces and contideration therein cxp�vsscd, and that she did not wish to retract it.' GIVEN UNDER MY HAND AIM SJ-.AL Or O•FICr, Vie y day of f ".: pW 2 - Form 14 REAL ESTATE SALES CONTRACT Parcel No. 19 THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between John H. Topsy 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 strip of land 4.50 feet wide by 107.0 feet long, and being the Southeast 4.50 feet of Lots 3 and 4, Kennedy Place as shown by Map of record in Volume 13, Page 41, Map Records, Nueces County, Texas. Containing 481.5 square feet of land more or less. - 1 - Xfi/ 6i T /3 u P14 �2 - Form 14a 2. `.Chc purebasc price is 3• 'The Sellers shall provide•at the expense of Buyer, a Title Insurance Policy, without exceptions to said title being mide 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 1970 6. Due to the very negligable amount of Taxes due the City for 1971 and the greater cost of caluclating and collecting the same, payment of sup tqixes is r emit`ted,.l-.r subject to approval of. this contract by the City Council. 33- -er:��r-,-- asp =�•- 3 -31-7/ e}:eep� -e9- �rea3�- k�e- hes�rrt b�;l�er�sse- pPevsded. 7. Buyer has this day d ossi`teeddwith the Title Insurance Company or Title Guaranty Company the sum of /'. TL� 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 - Porm ]hc 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 ordinances, covenants and use restrictions, if any, of record, and all city zoning and regulatory • 1.0'C'•t!•yU'Ei94E07040!•e09C4l OOdldolutObn "nrN �/svSelO s t0'Oe'l s!!e!e!!lePle ,•�•,��•�•�•P•• �• � •�� •�•�ale oe•e • a eao•eo•rr•uoer•NN►!'•'ea eN•N•• {a` tltleo' •oo•a •• eatra�etls'snusntlNO9P•e•en• •:m •es•e••nl9rr•noe• n 9•e'r'c•• !no'seccs'• e• •tY'�•o•'t� oo•'nrv•e• •'O't •'!•fe'9•• 4bt�V' e• 'YOfOP'• • '!!•e99 6 •t ^ e• OOC1S9N0 'OC'0!'•014O'10t'V'0''i:•t` ?14 '3403' 0•e•t• •.'a• s =a•K•reoo•'i J• ou O•: Y9� /9'C•SO•!8•l.�C•y0 @'OVtl' C71e'!V'CY•l•l�Nf•'Ye'SONCSU {rO aa- •'o•b•'•ya•• t'feYS °�N'n : ?YPnH!'n 0'9 !e'!n'!W`Pn. N'D�Ob!U!•C $• 0 !'nC9CClV'C'eC'b'!NO'!•'NO/O•N7 {•ES+2 •'4a "i 'i'n5f•`tl'iNY'Y9NN 'R3Si!'•±"4,v!!0n! D•'e'•• 'O••e ?' !•'!•W!'ElCn V.5.2 •eo OO'e'•C!''C'n'f•tl C'•0O' i °eC'SOCe °ie'Y!ti'f1'4! `090 P4!'J4N• dif43' ?f'e • ?b �!' • :nD9'VN•V" N!•S 9'e 2'!!•' 9C'2!•!•9• e• V!• 4N •C'CV'EEfO''Nt'l•�•Ynt "i' ?.•'S • H7en0• Y•n• •9 .•, V'0O'Vtl' ? K •• %)! {'l+NOti•')'Otl�!• "C'n1n°J '!E'a•L5E3•CLEC•0_•nOC •°'C Y•'C C'C'O• CC'tl °!NO'S•Nti+!`Y!'t'eS't0 6`R`<ttn`O •`'J4'n1'O: Y 00 „�Na'e•a'e'e'o 10. It is understood by all parties hercto that this deai is to be closed through the Title Insurance Company or • ._ or . .• days from this date. 9l•'!519• •!••lv�S 5T a en' on• Oe'• coe' o' r• O'! s'i'Oe••¢i'lr�N�?' »)•.�YO•b•9v` ••r9o•c?:: L" '0' ?21{:d'�9y�t2!'n lr9'etie?�L --------- - -ICCNYOnI 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 14a EXECUTED in triplicate, either copy of which shall constitute an original, on this the — h i/ day of ATTEST: City Secretary SELLERS CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS DAY OF / BY City Manager 41.. I . BUYER I City Attorney Y, 1'o;:m .ill -c 9911; :1TATI1, OF Tl-•XAS p ' COUNTY. OF RULCE"' 11Emx' 1;! ?, The whlcr;::ii;ncd aui,horit,y, oil this clay personally appeared 11. Marvin City ;d:inager of the Ci.Ly of Corpus Clir:ist.i., Tcxas, lcno�:n to nu: to be the pe rson whose mmn, is subscribcd to the foregoing, in trumc-nt and aclalowlcdgcd to 1ne that he executed the. sss:c for the prrposcs aft conai.deration therein expresr:ed, and in the capacity therein stated and as Lhe Act mid Deed of said- City. G1M1T UPI) R 1•;Y }iAIQD AND SEAL OF OFFICE, This day of , 19 THM ST15E OP Tmarl COM TY 0:' 3IUECES 7( Rotary Fablic -in ana ior. Nueces COiL �; /y `texas BF1PORD 2E, The undersigned authority, on this day personally appeared John H. Topsy , lmo,,n to me to be the person whose name is subscribed to the foregoing instrument, and acknooled3ed to me that he executed the same for. the parposes and consideration therein expressed.- GIYERT IRME'R MY }LAND AND SEAL OF OFFICE, This the 2G !mil/ day of Notary jai is in and for i'aeces Cou .Ly THE STATE OF TEXAS COUNTY OF IWECES BEFORE M, The urdersim ed authority, on this day personally appeared and his irife, both kaoun to me to be the persons 'nose names are subscribed to the foregoing = nstri>ment, and acnnowled,,ed to me that they each executed the sale for the purposes and consideration therein expressed, and the said wife of the said having been exasiaed by me privily and apart from her•husband, acknowledgcd such instrument to be her act and decd, and declared that she had willingly L-igned the came for the purposes and consideration therein exl)rcsscd, and that she did not wish to retract it, GIVEN UNDER MY HAND AND SEAL ar OFFICE, The day of 11.9 1"al.1w;V.1»L.IJ7iu mud 1•u1. Nuuoe:: 0u41ty, '1'.•x11:: ' 1 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 25, 1971 I certify to the City Council that $ 974.00 , the amount required v, fqr 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 -67 -92.4 N.I.P. Hillcrest Area 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. Bare �in,,ce FIN 2 -55 Revised 7 -31 -69 i �,r ZN- , M Corpus Christi, Texas day of a/u �i� , 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 present meeting of the City Council. Respectfully, 101/ Ml O THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended 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 The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases C,2-4-4 _. �" Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore 1, s t