HomeMy WebLinkAbout10203 ORD - 03/31/1971= 3- 30- 71:mvl
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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.
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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.
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
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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