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Home My WebLink About10273 ORD - 06/02/1971vMP:5/24/71 i :, TEXAS: J AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT WITH DENNIS THOMAS ET UX ANNA BELL THOMAS FOR THE ACQUISITION OF PARCEL NO. 17 REQUIRED FOR THE CONSTRUCTION OF STREET IMPROVEMENTS IN THE HILLCREST AREA; APPROPRIATING OUT OF NO. 220 STREET BOND FUND FOR PROJECT NO. 220 -67 -92.4 $186.50, OF WHICH $100 IS FOR ACQUISITION AND $86.50 IS FOR CLOS- ING COSTS; 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, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REAL ESTATE SALES CONTRACT FOR THE ACQUISITION OF PARCEL NO. 17 REQUIRED FOR THE CON- STRUCTION OF STREET IMPROVEMENTS IN THE HILLCREST AREA, SAID PARCEL BEING DESCRIBED AS FOLLOWS: BEING A STRIP OF LAND 4.50 FEET WIDE AND 53.50 FEET LONG, AND BEING THE SOUTHEAST 4.50 FEET OF LOT 1, KENNEDY PLACE, AS SHOWN BY MAP OF RECORD IN VOLUME 13, PAGE 41, MAP RECORDS, NUECES COUNTY, TEXAS. CONTAINING 240.8 SQUARE FEET OF LAND MORE OR LESS. A COPY OF SAID REAL ESTATE SALES CONTRACT, MARKED EXHIBIT "AEI, IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF No. 220 STREET BOND FUND $186.50, APPLICABLE TO PROJECT No. 220 -67 -92.4, OF WHICH $100 IS FOR ACQUISITION 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 PARCEL OF LAND AS SOON AS POSSIBLE CREATES A PUBLIC EMERGENCY AND 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 AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND 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 .y� i• J J 102/3 AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE. IZ IN4 ,DAY OF c ,>✓J , 1971. u ATTEST: CITY SE RE A MA R eWl HE CITY OF CORP C ISTI, TEXAS APPROVED: _DAY OF '1971: 1�2 CIT ATTORNEY Parcel No. 17 ' r d 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 Dennis Thomas et ux Anna Bell Thomas 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 and53.50 feet long, and being the Southeast 4.50 feet of Lot 1, Kennedy Place, as shown by Map of record in Volume 13, Page 41, Map Records, Nueces County, Texas. Containing 240.8 square feet of land more or less. - 1 - r 1. - Form l4a •�J 2. The purchase price X�L /. O 4 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 4larranty Deed dram 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. 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 such taxes is remitted, subject to approval of this contract by the City Council. �r.-- i +33- euxY- etr��esy-mrnrrat�,-- rents; - rzn &- sn�eresz;- s.#•- e�y; -a�tio be- prorated - fret weerr•bhe= $uyer--end--9e1.1ers -far-the -year-19- 7-1- - - -to- date -o£ e3ersi g, except- as -mag- arc- i�erc�.'xr bt�e�- +r�"se-Znwrt.�. 7. Buyer has this day de osited with the Title Insurance Company or Title Guaranty Company the 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 - L - Form 111c with its usual mad 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. 9• 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 (6o) days from this date. 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. .-t r - 3 - 'i ATII OF TEXAS COUNTY OF JR1111C.11.11 1.11p" 'I'lle 1L'1dCrriC,,ncd authority, on this day personally -,jpj)cjjrcd R. Marvin Town.,3ctid, City Mmnagcr of the City of Corpus; Christi, Texas, Iviown to j,1U to be the person i-,,hose nuns is subscribed to the forc[;oinc, in5trument. aild LcjUjoj,, (:Cl ge (I to we that he executed the swnc, for the purposes and consideration tbercin exprer-sod asnd in the capacity therein stated and as -the Act mieDced of City. UI il33 MY MNID AND SEAL OF OFFICE, This day of Rotary Pkblic in and for i"ueces Cuarly, 1,;6e.xas "M STATE 01 TECZAS CO'Tj:;"TY OF TUMCES MEFORD I•E, The undersigned authority, on this day personally appeased Dennis Thomas known to me to be the person whose nave is subscribed to the foregoing instrument, and acknvvilcd6ed to me that he executed the same for, the purposes and consideration therein expressed. G11IJNT LHIMER 14Y HAM AND SEAL OF OFFICE, This the day of 19 Notary IWJ-ic in and for Nueces Co=',y, Texas THE STATE OF TEXAS COONTY OF ITIJECES BEFORE IT, The undersi_ped authority, on this day personally appeared and his ieLfe, both kaoici 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 ,rife of the said having been examined by me privily and apart from her husband, acknowledged such InstriLment to be her act and deed, and declared that she had willingly zigned the same for the purposes and consideration therein cxp esscd, and that she did not wish to retract it. GMN UNDER MY JIATM AND SEAL OF OFFICE, The day of Notitry IWO I,, , J11 1,110 I'm, 141lucu.,; 2 - Form 14d ' EXECUTED in triplicate, either copy of which shall constitute an original, on this the day of 19 =. ATTEST: Anna $ell Thomas BY•; /�- ,�+� -�� Manager of Community Estate, Guardian and A orney in Fact City Secretary SELLERS CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO GAL FORM THIS BY: LDAY OF ,19�/ • City Manager BUYER City ttorney CORPUS �1 CHRISTI, TEXAS �C_,DAY OF i , 1! 9-z/ TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCEI 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; 1, 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, r 0 �L Y CITY OF COR S HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE� CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALESJ GABE LOZANO, SR. J. HOWARD STARK v