HomeMy WebLinkAbout10220 ORD - 03/31/19713- 31- 71:mvl
TEXAS :
AN ORDINANCE
r
AUTHORIZING THE CITY MANAGER TO EXECUTE REAL ESTATE
CONTRACTS FOR THE ACQUISITION OF PARCELS NO. 9 AND
13 OF THE HILLCREST N.I.P. PROJECT, COPIES OF WHICH
ARE ATTACHED HERETO, MARKED EXHIBITS "A" AND "B ",
APPROPRIATING OUT OF THE 220 BOND FUND $456, OF
WHICH $283 IS FOR LAND ACQUISITION AND $173 FOR
CLOSING COSTS, ALL APPLICABLE TO PROJECT 220 -67 -92.4;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be, and he is hereby, authorized
and directed to execute real estate sales contracts with the owners of Parcels
No. 9 and 13, being Refugia Doerrschuck, a feme sole, and Alice Mae Thompson,
a feme sole, respectively, said parcels being described as follows:
PARCEL NO. 9
Being a tract of land out of Lot 10, Block-1, Sunset Place; as shorn 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 easterly corner of said Lot 10, at the intersection of
the Southwest right of way line of West Broadway and the Northwest right -of-
way line of Floral'Street, for the most easterly and beginning corner of the
tract herein described;
Thence S. 290 38' 30" W., with the Northwest right of way line of said Floral
Street, a distance of 6.74 feet to a point for the most southerly corner of the
tract herein described;
Thence N. 680 34' W., a distance of 50.56 feet to a point in the Northwest
boundary line of said Lot 10, for the most westerly corner of the tract herein
described;
Thence N. 29 0 39' 20" E., with the Northwest boundary line of said Lot 105 a
distance of 6.23 feet to a point in the southwest right -of -way line of said
West Broadway for the most Northerly corner of the tract herein described;
Thence S. 690 081•40" E, with the Southwest right of way line of said West
Broadway, a distance of 50.64 feet to the point of beginning.
Containing 328.14 square feet of land more or less.
PARCEL NO. 13
Being a tract of land out of Lot 12, Block 4, Shoreline Park, as shown by map of
record in Volume 3, Page 28, Map Records, Nueces County, Texas, said tract of land
being more particularly described by metes and bounds as follows:
Beginning at the point of intersection of the Southeast right -of -way line of Kennedy
Street and the Southwest right of way line of West Broadway, said point being the
most northerly corner of said Lot 12, for the most northerly and beginning corner of
the tract herein described;.
Thence S. 580 59' 10" E., with the northeast boundary line of said Lot 12, a distance
of 20.0 feet to a point for the most easterly corner of the tract herein described;
i02W
Thence N. 850 30' 46" W., a distance of 22.38 feet to a point in the Northwest
boundary line of said Lot 12, for the most westerly corner of the tract herein
described;
Thence N. 31 0 10' 00' E., with the Northwest boundary line of said Lot 12, a distance
of 10.0-feet to the point of beginning.
Containing 100.0 square feet of land more or less.
Copies of said real estate sales contracts, marked Exhibit "A" and "B ", are
attached hereto and made a part hereof.
SECTION 2. There is hereby appropriated out of No. 220 Bond
Fund the sum of $456, of which $283 is for acquisition of Parcels No. 9 and
13 owned by Refugia Doerrschuck, a feme sole, and Alice Mae Thompson, a feme
sole, and $173 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 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
day of March, 1971.
ATTEST:
City Secretary,
el
�n
APPROVED:
/
�AY OF MARCH, 1971:
7 Attorney
4 "U0 .
V
THE CITY OF CORPUS CHRISTI, TEXAS
Parcel No. n
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
Refugia Doerrschuck, a feme sole
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 10, 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 easterly corner of said Lot 10, at the intersection of
the Southwest right of way line of West Broadway and the Northwest right -of-
way line of Floral Street, for the most easterly and beginning corner of the
tract herein described;
Thence S. 29 38' 30" W., with the Northwest right of way line of said Floral
Street, a distance of 6.74 feet to a point for the most southerly corner of the
tract herein described;
Thence N. 680 34' W., a distance of 50.56 feet to a point in the Northwest
boundary line of said Lot 10, for the most westerly corner of the tract herein
described;
Thence N. 29 39' 20" E., with the Northwest boundary line of said Lot 10, a
distance of 6.23 feet to a point in the southwest right -of -way -line of said
West Broadway for the most Northerly corner of the tract herein described;
Thence S. 690 08' 40" E, with the Southwest right of way line of said West
Broadway, a distance of 50.64 feet to the point of beginning.
Containing 328.14 square feet of land more or less.
- 1 -
F)O ca i A
• i�
JM1v ._ - Farm ].ha
2. The purchase pricc is O v
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 Layer 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 2L acn 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 end including the year 19 70 .
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, eJ
subject to approval of'this contract by the City Council. pn -�� ""✓
.E�_.�t1,lsuxxcut_ faxes,- i�:. urzsac�,_ x�n�;, s.r.arui�,r_tes:est,._if_an�C,_ e_ A ®//
be_iarcurtcd J)L t :een the_guyer_ and- Sellexx_ for -ihe 3cea 1S to_date_of- closing., �2Y3�` ?/�
except_ a,s_ n�2.y_.be_ sin -o t]aerwSs¢- $rcwi�rd.
7. Buyer has this day deposited with the Title Insurance Company or
Title Guaranty Company the sum of o a Dollars as earnest money
hereunder to be applied on the cash payrient 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 ]�ol•n' the '
With its usual 011d customary procedure. In the evcnL Scl]cr;: fail Lo tcncicr a deal
conveying said property in accordonce with the tern's of the contract within the time
provided herein the Buyer m:ty enforce performance of %this contract by inaction for
specific perforn =(,c thereof.
i. The Buyer agrees to accept title subject to all outstanding; restrictive
covenctnts and use restrictions, if any, of record, and all city zoning; and regulatory
ordinances, if any, applicable to said property.
�_ - - - - --
-- ------- --- --- ---- ----- - -- - -1 a. � -C- 31'2 ?4 -to - ae -pa{ i to_ Sc1L xs " to -the
i3��a� e'eaaos- exi- �>ie- 3Frt; -� dr��:- o-f-- �tlli��- kae- is- kesel�y- e4xti'x- to- -bc. naxalie,sa�l -l�f-
du��N- ��c}- tke- Eek :ia�s- e�rt�•�- *tcl-- lx<z'ai�y- crab }�aee- ilia�xse3��e .o- a�cxxncx�• vll.-lu•t].clixig----
211kpY( il° C;.' C: S3v9- `r3'9?fi- oA°. %- j�ET2tii•O!2 --Pf 41*c 10.6- her-e13y- agreed. -t'D bJ a- -s)ct
•�o••ec>.-ealcae- sxek-�e:�:: dal- ��,? �i- s>- o*. a?- e : =_pexise- }��= er- tio-#kiadatc�of - Glt�„>- ?s- ap- t1�?•s- --
- aea.':- ana -at - all- event .•s- +y.= v?ri3r414-- ty- -F93 } -days - =' rem - the --d-a e -aa4- fa}lulte - of- _-
Se• 1•lc-xs- be- ee*�p?ec.e- srit'tz- Gov- ia�- w-.' rtk�in•- sa} c�-' k3: �e- slsa33- atttoxt�tt3.•e�l- ly�t3•�1�01 i:se- gxrelaas•er
to-- Ye':rsue- same - sad- Ele4g�e�:- #,rre-- eost• -of - sttel?- re'aeva�.- �'�em -#,�i� �onsi- der- atiaxi•- lae�e?•xi- agreed
ic3 be- pall..
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. - Se33• ar -&- •hor- oh3- -to - th em's e2 ages1- t4x3-ix- 416J_.Z .•_r"_F=igns7_ all- thae
oi=13- -gas p•- 4.n-j- -on-'r -or w:1cie12 -the - sxr €ae4- -0# =iii- l�cis.
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 Duyer must execute this agreement within 30 days from the date of Sellers execution
or this ag;rnement shall be null and void and none of the provisions hereinabove set
out will bind either party.
-3
p - 1,01*111 Illd
111i CaLV, c:j t1wr copy of which ;;Ijall con:;Lj.tuL(, -t)j
011 tlliu 1,11C (1:1,V Of :1,9
ATTEST: Refugia Doerrschuck
City secretary S1 LL) hS
CITY OF CORPUS CIMISTI, TPOM
APPROVED AS TO LEGAL POMM TIJIS
_%0-DAY 01, IAINal- -19171 BY.: g
City Ilan, a er
BUYEER
`City
0
11- 'Form J.il_e
'Pt. 7Cla 01 Tll',:A
COUIUY OV I)U1:CBi;
BEFORE 1.1}1, Yhc wlii<rt,:i(;ned authority, on this day personally appeased
R. Marvin Tounse*nd, City M nlaC;cr of the City of Corpus Christ., Texar., knotm to tric
to be tIze pcxnon vhos(: name: is subscribed to the foi'c•going ins .rwnent attd aeknowlcclgcd
to )ac that he executed the same for the pnrposcs and consideration therein expressed,
and in the capacity therein stated and r. the Act and Deed of :aid City.
GIVEN UIk1i:IR MY HAND 1,111) SEAL OF OFFICE> This day of
s l9
Rotary f-doj in and >_'or :;ueces Cox_ty,
TIM STATIE 0:' TEV03
COURTY OF i:UECES
)3MU3 M—E, the undersigned authority, on this day personally appeared
Refligia Doerrschuck , luimal to me to be the person whose nine is
subscribed to the foregoing instnument, and acknowledged to me that he executed the
same for. the purposes and consideration therein expressed. -
GIVEN U14DFR 1•fY J1AIID AND SEAL OF OFFICE, Tlais the � j �% day' of
HotaryPftblic in and for Plueces County, ql xLs
THE STATE OF TEXAS
COUIv'TY OF ITUECES
BiFORE 1•r, The undcrsi- ed authority, on this day personally appeared
and
his wife, both ken•ou_n to me to be the persons whose names are subscribed to the
foregoi.ag instru=nt, 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 ',;hat she had willingly signed the
same for the purposes and con:ideration therein expressed, and that she did not wish
to retract it.
MEN UNDER W HAIID AND SEAT, OI'' OFFICE, Tile day of
RoLalry, jukl it!J11 111111 1'or llht(:c ::
PW 2 rorm 14
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS
COUNTY Or NUECES
Parcel No. I-
This memorandum of agreement made and entered into by and between
Alice Mae Thompson, a feme sole
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 12, Block 4, Shoreline Park, as shown by map of
record in Volume 3, Page 28, Map Records, Nueces County, Texas, said tract of land
being more particularly described by metes and bounds as follows:
Beginning at the point of intersection of the Southeast right -of -way line of Kennedy
Street and the Southwest right of Dray line of West Broadway, said point being the
most northerly corner of said Lot 12, for the most northerly and beginning corner of
the tract herein described;
Thence S. 580 59, 10" E., with the northeast boundary line of said Lot 12, a distance
of 20.0 feet to a point for -'the most easterly corner of the tract herein described;
Thence N. 850 30, 46" W., a distance of 22.38 feet to a point in the Northwest
boundary line of said Lot 12, for the most westerly corner of the tract herein
described;
Thence N. 310 10' 00' E., with the Northwest boundary line of said Lot 12, a distance
of 10.0 feet to the point of beginning.
Containing 100.0 square feet of land more or less.
- 1 -
M- 1e- Form ]!Ia '
2. The purchase price is��Q Q
3. The,Sellers shall provide at the expense of Buyer, a Title Insurance
Policy, without exceptions to said title being made in said title policy, which
policy shall wholly insure and indemnify the Buyer against any title defects or
adverse claims thereto. Said 'Title Insurance Policy shall be issued through a
reliable Title Insurance Company and shall be delivered to the Buyer on the date
of the closing of this deal.
4. Upon the securing of the Title Insurance Policy provided for herein
to be prepared by purchaser, Sellers agree to deliver a good and sufficient General
Warranty Deed drawn in accordance with the provisions of this contract, properly
conveying said property to said Buyer, and Buyer agrees thereupon to make the cash
payment.
5. All taxes to be paid by Sellers up to and including the year 19 70 .
6. All current taxes, insurance, rents, and interest, if any, are to
be prorated between the'Buyer and Sellers for the year 19 71 to date of closing,
except as may be herein otherwise provided.
7. Buyer has this dayosited 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 - -• Form lh c .
with its usual and cu^L-omary procedure. In the event Seller;: rail to Lender 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 pcxforma_nce thereof.
8. The Buyer agrees to accept title subject to all outstanding restrictive
coven tints and use restrictions, if any, of record, and all city zoning and regulatory
ordinances, if' any, applicable to said property.
9• -
�K
10. It is 'understood by all parties hereto thgt 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 Dlanager 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 -
Pid 2 - Form i4d
EXECUTED in triplicate, either copy of which shall constitute an
original, on this the 2 day of , 19 7/
ATTEST: Alice Mae Thompson, a feme sole
�m M!L�
City Secretary SELLERS
CITY OF CORPUS CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM THIS
�IAY 0 '19'71 BY:
'f-f -- City Manager
BUYER
City torney
• � � Puri❑ 1�1••c -
T1. .i'IiLL OP T7 ;Xlt;- �. -
COU y of late rc k
311i1011E, MM, The wu7vr;: C;nc•d auUiori.t.y, on U1is day persunaDy uhpearcd
R. Mary ill :iovnsen:l, City I•;:nla; er of idle City of Corpu; Christi, Texts, Ynowil to t;tu
to be the pernon whose nwno is subscribed to the forcgoing in,crumc:nt scud ucl :uovlcJ ;ed
to sac that he executed the some for the purpose: and consideration thcrcdn r_rpres : :cd,
and in the capacity tl. ^.rein stated anci a� the ket r cl Dena of sr�.id C4 y.
GIVEN U;ID 'tl Mf RUTIT) AIID SEAL OF OFFICE, This _ day of
' I�otar.Y Iub.ii.c_ in asd for Nuecen Caar -';y, Texas
TIM, ST_.TE O,? TZ-LhS
COMITY IN, ITJECES
IrEFORE 1E, The undersigned authority, on this day personally appe -rad
Alice Mae Thompson , knotan to me to be the person whose naae is
subscribed to the foregoing instrument, and aclvnaalcd„ed to me that he executed the
came for the purposes and consideration therein expressed. /
GIVEhT URDE'R MY MID AND SEAL CF OFFICE, This the �1 clay of
Notary 1)y Iic in and for 11tieces Ccu_,Ty, Texas
TIM, STATE OF TEXAS
COUNTY OF I'7UECES
BUORE ME, The undersigned authority, on this day personally appersed
-- and - -- —
his irife, both 1Ln.^,tai to me to be the persons whose r_ames are subscribed to the
foregoing instrumsnt, and acY.nowled4�;cd to me that they each cxecuted the sane for
the purposes and consideration therein e.%-Dressed, and the said
wife of the said
having been c=n incd by me privily and apart from her husband, aclunowledGcd such
lnstrwncnt to be hor act and deed, and declared that she had willingly zigned the
same for the purposes and consideration therein expressed, and that she did not wish
to retract it.
GiV];I1 UPMEM I•x 11AUD AND SEAL OF OFFICE, The day of
hc,t.nr� 11il.lJa J11 s 1110 1'ut• Tlttucun Cuttul;V, '1'�•ai :�
4 •,
CITY OF CORPUS CHRISTI, TEXAS - ti
CERTIFICATIOP OF FUNDS h
(City Charter Article IV Section 21)
March 30, 1971
I certify to the City Council that $ 456.00 , the amount required
k for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
ll�
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.
3/ , 197/
rec ox ance
FIN 2 -55
Revised 7 -31-69
P"
.c
Corpus Christi, Texas
IA-0_ day of��� , 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.
t
Respectfully,
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was susp led by the following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases Z� f
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
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore