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Home My WebLink About10275 ORD - 06/02/1971BJw:5/27/71 TEXAS: AN ORDINANCE APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $512, OF WHICH AMOUNT $425 IS FOR ACQUISITION OF PARCEL NO. 16 -2 AND $87 IS FOR INCIDENTAL EXPENSE AND RELATED COSTS, APPLICABLE TO PROJECT NO. 295 -67 -46 CLARKWOOD DITCH, HIGHWAY 44 TO 050 CREEK; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT WITH THE OWNER, JACK HIGHTOWER, AND DE- CLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $512 OF WHICH AMOUNT $425 IS FOR ACQUISITION OF PARCEL N0. 16 -2 AND $87 IS FOR INCIDENTAL EXPENSE AND RELATED COSTS, APPLICABLE TO PROJECT NO. 295 -67 -46 CLARKWOOD DITCH, HIGHWAY 44 TO OSO CREEK, SAID PARCEL BEING DESCRIBED AS FOLLOWS: BEING A 0.309 ACRE TRACT OF LAND OUT OF THAT CERTAIN 14.998 ACRE TRACT CONVEYED TO JACK HIGHTOWER BY H. E. CARBERRY AND RECORDED IN VOLUME 1373, PAGE 178,NUECES COUNTY, TEXAS DEED RECORDS AND ALSO OUT OF 132.3969 ACRE TRACT NOW OR FORMERLY IN THE NAME OF H. E. CARBERRY AS SHOWN IN VOLUME , PAGE NUECES COUNTY, TEXAS, DEED RECORDS AND ALSO OUT OF SECTION 1402, BEATY, SEAL AND FORWOOD CERTIFICATE No. 1739, SAID 0.309 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT, THE NORTHEAST CORNER OF SAID HIGHTOWER TRACT, SAID POINT BEING S. o0431E., 1758.79 FEET FROM THE NORTHEAST CORNER OF SAID 132.3969 ACRE CARBERRY TRACT FOR THE NORTHEAST AND BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 89° 22' W., WITH THE NORTH BOUNDARY LINE OF SAID 10.998 ACRE TRACT, A DISTANCE OF 35.0 FEET TO A POINT FOR THE NORTHWEST CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. O' 43' E., WITH A LINE THAT IS 35.0 FEET WEST OF AND PARALLEL TO THE EAST BOUNDARY LINE OF SAID 1o.998 ACRE TRACT, A DISTANCE OF 384.22 FEET TO A POINT IN THE SOUTH BOUNDARY LINE OF SAID 10.998 ACRE TRACT FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE N. 89' 22' E., WITH THE SOUTH BOUNDARY LINE OF SAID 10.998 ACRE TRACT, A DISTANCE OF 35.0 FEET TO A POINT, IN THE EAST BOUNDARY LINE OF SAID 132.3969 ACRE TRACT, FOR THE SOUTHEAST CORNER OF SAID 10.998 ACRE TRACT AND FOR THE SOUTH- EAST CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. O' 43' W., WITH THE EAST BOUNDARY LINE OF SAID 10.998 ACRE TRACT AND SAID 137.3969 ACRE TRACT, A DISTANCE OF 3b4.22 FEET TO THE POINT OF BEGINNING. CONTAINING 0.309 ACRES OF LAND MORE OR LESS. 10275 A COPY OF SAID REAL ESTATE SALES CONTRACT, MARKED EXHIBIT "N' IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION Z. 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 WITH THE OWNER, .JACK HIGHTOWER. 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 1 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 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 -V;t j IDAY of 1971. ATTEST: 0 O'hirr,�c. CITY SE R T RY MA THE CITY OF CO U CHRISTI, TEXAS APPROVED: / Sf DAY OF 1971: Z . - /q.SST, CITY ATTORNEY I _i 2 - Form 14 l REAL ESTATE SALES CONTRACT Parcel 16 -2 THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between Jack Hightower 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 0.309 acre tract of land out of that certain 10.998 acre tract conveyed to Jack Hightower by H. E. Carberry and recorded in Volume 1373 Page 178 Nueces County, Texas Deed Records and also out of 132.3969 acre tract now or formerly in the name of H. E. Carberry as shown in Volume Page Nueces County, Texas, Deed Records and also out of Section 402, Beaty, Seal and Forwood Certificate No. 1739, said 0.309 acre tract being more particularly described by metes and bounds as follows: Beginning at a point, the northeast corner of said Hightower tract, said point being S. 00 43' E., 1758.79 feet from the northeast corner of said 132.3969 acre Carberry tract for the northeast and beginning corner of the tract herein described; Thence S. 89 22' W., with the north boundary line of said 10.998 acre tract, a distance of 35.0 feet to a point for the northwest corner of the tract herein described; Thence S. 00 43' E., with a line that is 35.0 feet west of and parallel to the east boundary line of said 10.998 acre tract, a distance of 384.22 feet to a point in the south bundary line of said 10.998 acre tract for the south- west corner of this tract; Thence N. 890 22' E., with the south boundary line of said 10.998 acre tract, a distance of 35.0 feet to a point, in the east boundary line of said 132.3969 acre tract, for the Southeast corner of said 10.998 acre tract and for the south- east corner of the tract herein described; Thence N. 0 0 43' W., with the east boundary line of said 10.998 acre tract a and said 137.3969 acre tract, a distance of 384.22 feet to the point of beginning. Containing 0.309 acres of land more or less. - 1 - J J PW 2 - Form 14a 2. The purchase price is 425.00 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_kg_. 6. All current taxes, insurance, rents, and interest, if any, are'to be prorated between the Buyer and Sellers for the year 19 70 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 slum of $42.50 Dollars as earnest money hereunder to be applied on the cash payment above set out wYien 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 14c r 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. property. 8. The Buyer agrees to accept title subject to all outstanding restrictiv covenants and use restrictions, if any, of record, and all city zoning and regulatory ordinances, if any, applicable to said 9. •' e? �ti' r-1 c�ere•!'!aa'!'rmtn�n'r•.c.:•.!. .ea�l.t•l:xt c,•• h:••• n• r '�r.•,eaF:uoie•,•:��DOD/D/= !!!! �!!�!!!!!�l•��tanhl•r• ti�!!'l cutrer' o�l ria: r' atr• r-! c•!••.(•; sl:( a�c�x sr.••:�wr:�..rr;(ls•�:v��!•:o ,glrl•i C'l•2z140ti U'41l'Nl•'�14C'4'HKlo. @• +(r!l•l X161•!• QiNI Pi�tl G!( �Cl;(.. (•;Y14:p>vl!l..•(�!'(:: {:!!T ?!l Pal:•pa:iK('l:A:p: {u!h /H •� e,•a�s�e9L�l • }t ��C E•lC- !•'6'�C•a „C C'l'�C•!'lfUl C'Fl \`'fU'N'! l U:t'4rf - -� VL'l'U N6'!1 t'4'N'V7! O'O l`•rc�+e•'!t•' +•�•r•!'et` •t•��• • "1'!•�C'l4` @!l'h!!!•'C 911 } - MIYI!•' l4@'!! l' e!( ryFll. r�•! l•' r•!+ re• Y! C• 2. 2+<[ O'!!' 4'! U• F'r b' 4` !4'!t ?••4'!N•It!(t'!YF'S!'F= •elaL•!�ueceelhs•e _mac �l` l'@!`!- 4Yl'' 4t•!! ��16'lI IGVFI'I SN I•'�IFI�! {'!�!(`r•••�u�-�e'r•' vii•! e• r'! c'!t'r•!e•rr:�c'r`�!•t`•r +•s!!! ` =�e: ••ee•e _._`�r -uc }ot�u•_.�e! �� -! �} e' cv�o. �d• �ensr -re'tru••• +ua'�rr- ve-�e'e-1 a�a`a %r�ee••c'•!�r•!ra`•! aiea'��• 'c99a9•c!L •lCL 81: ?•a• @lC8 •old +CU•�! '!6`t•l`S O' �Q' C!• l• !(`' 6�1' ti'! F8[- EL/ C' Y'(° l' U'L•'1'!l•' @'SL1h'! @'R'!'L "iY'I YYfb'1•Y�•l•Y.ff(;d' •.l92 UC�'e1eG1clG lC 1C `CC • l!(` 4Fl Cl;' C(•!l•'tlFL•C'SiB•l'•'_uN!•rLs eel" U' s4•! S!-! �C' O• C' eC' S' t•' C•' 1•' !S'L''!B'i•'LY'LL °!t•':::L'F41' .rna�ecoa 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 .• 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- 2 - Form 14d EXECUTED in triplicate, either copy of which shall constitute an original, on this the day of , 19 *Jak r ightower ATTEST: SELLERS City Secretary CITY OF CORPUS CHRISTI, TEXAS BY: City Manager BAYER APPROVED AS TO LEGAL FORM THIS DAY OF , l9 City Attorney r , -4- - Form 14 -e i THE STATE OF TEXAS COUNTY OF NUECES �( BEFORE NE, The undersigned authority, on this day personally appeared R: Marvin Townsend, City Manager of the City of Corpus Christi, Texas, known 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 MY HAND AND SEAL OF OFFICE, This day of Notary Public in and for Nueces Cou ^_ty, Texas THE STATE OF TEXAS j( COUNTY OF NUECES BEFORE ME, The undersigned authority, on this day personally appeared, - Jack Hightower , known 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the ��% day of 197 No is in and for Nueces County, as THE STATE OF TEXAS :. COUNTY OF NUECES BEFORE ME, The undersigned authority, on this day personally appeared and a bis 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 UNDER MY HAND AND SEAL OF OFFICE, The day of a 19 Notary, Public in and for Nueces County, Texas s J CITY OF CORPUS CHRISTI, TEXAS CER`PIFICATION OF FUNDS (City Charter Article IV Section 21) May 21, 1971 I certify to the City Council that $ 512.00 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 295 Storm Sewer Bond Fund Project No. 295 -67 -46 Project Name Clarkwood Ditch, Highway 44 to Oso Creek from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 19� Dikealbr o ance FIN 2 -55A Revised 7 -31 -69 CORPUS CHRISTI, TEXAS DAY OF/ Lll 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. RESPECT ULLY, • O n THE CITY OF CORP ISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZtc —� REV. HAROLD T. BRANCH THOMAS V. GONZALES - • U GABE LOZANO, SR. �•�� /�ep� J. HOWARD STARK ` U THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL- ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. L G�yG /.�.(�_ J. HOWARD STARK LL[nLCi� . G