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Home My WebLink About10282 ORD - 06/02/1971. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACQUIRE PARCEL NO. 18 OF POLICE STATION PARKING AREA, DESCRIBED AS LOTS 17 AND 18, BLOCK 2, HIDALGO ADDITION, FROM THE OWNERS, ANGELICO P. WILLMAN, RAMON S. ESPARZA, ANGELITA ESPARZA, DENETRIO TOVAR AND RICHARD A. PEREZ; APPROPRIATING-THE SUM OF $3,433.50 APPLICABLE TO PROJECT 102-33-27-502, OF WHICH $3,300 IS FOR ACQUISITION AND $133.5 RELATED EXPENSES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 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. 18 OF POLICE STATION PARKING AREA, SAID PARCEL BEING DESCRIBED AS FOLLOWS: LOTS 17 AND 181 BLOCK 2, HIDALGO ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY. MAP OF RECORD,. VOLUME 3, PAGE 47. A COPY OF SAID REAL ESTATE SALES CONTRACT, MARKED EXHIBITuAn IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF NO. 102 GENERAL FUND, $3,433.50, APPLICABLE TO PROJECT 102 -33 +27-502, OF -WHICH $3,300 IS FOR ACQUISITION OF THE AFORESAID PARCEL FROM THE OWNERS, ANGELICO P. WILLMAN, RAMON S. ESPARZA, ANGELITA ESPARZA, DEMETRIO TOVER AND RICHARD A. PEREZ, AND ANY LEGAL REPRESENTATIVE OF AN ESTATE, IF ANY, HOLDING TITLE THERETO, AND $133.50 IS FOR RELATED EXPENSES. 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 ATTHREE 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 0 NED, THIS THEn(XUPAY OF JUNE, 1971. • b " MAYOR THE CITY OF CORPUIURISTI, TEXAS 10282 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 Angelico P. Willman, Ramon S. Esparza, Angelita Esparza, Demetrio Tovari Richard A. Perez, hereinafter called Sellers, of the County of x„araa , 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: Lots 17 and 18, Block 2 Hidalgo Addition,to the City of Carpus Christi, Nueces County, Texas, as shown by the map of record, Volume 3, Page 47 EXHIBIT "A" -1- .. i - Form 111a 2. The purchase price is 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 =_. 6. All current taxes, insurance, rents, and interest, if any, are to be prorated between the Buyer and Sellers for the year 19171__ 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 $330.00 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 - 7 +orm 11tc � ' with its usual and cuslxoimtry procedure. In the cvcnL Sel]ur:: fail Lo tondea' a decd conveying said property in accordance with tlic 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 Bever 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.--of_sa -- --- - - - --- --------------- ---- --- -------DN 7 rss J., :L:xn�c1 is to iaid_to_Sellers _ sts_ dr..ssa._Ll a mr= rri,r,M :�{,s_nn_ihc_ lei,_ �x�as�.. c�s uiiriz. �.: �:,. liaebysontrzcys :d_i•9_D�.luu's1��rst.>;: =- bu3a= =_sari 1;]ac�cllers_;u3re�:nctY�sr� rte the^ iseluev_ to_r�mA1�2.7�_Y�U��.iLi.11a - - -- aespr�,ce,- w,�fs_fcc :_ttaat_nar#iou.r�_1: Ise. �: at.h�+�uy_agreed_to_bc_sol�suuL ��>> �+-n .a�a.�_ #. o.. ca- al.ata- suci�- r.utcaal- st_i%�a• cif:Cp prior- to_the_d�t �f_rJti::s n� li!s--- sala�rdat _ ail- crauir_;aitbi s� sane; 3� -�9�} 11a5cs _ssom_ihe_daie_brs�S�_�tict Ca;11're _ .6s�lcrs iso- se,�lea2- sue?; -xav3s �ai�:isaxssaar7. ti .v- shall_ .Pnyr.C1."r.QX �. o-3�ezko�e- aa�e- s��.- de�.aeir��o-oo� tai- c�r.'dz a�a�ercy� -£ rem. tkQ- rcv�s9 ,dexat�,an.luir,oi.n...:�srsnd 10. It is ltnderstood 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. ]1..- SQL. i�1i1K3�SAJmYA�4A .'SC11ies�.tbeSr he�ssancL asra sr.all_1he - c�Lr. �rlsr- aIId�inBS 'a1s•,- a.x�,_.pr�..c�x.�uxiox t13o .surfzCe- G£_s29,c1- G.az3d,s. 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, , i'rz L 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. W 2 - Form 14d r EXECUTED in triplicate, either copy of which shall constitute 'an original, on this the day of 19 x -� ATTEST: x�/ �_i DesieL.io Tovar City Secretary SELLERS CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS _DAY OF ,19z�—, BY: City Manager BUYER City Attorn y Form 14 -e THE STATE Or TEXAS .� COUNTY or PNECES BEFORE ASE, The undersigned authority, on this day personally appeared R; Marvin Townsend, City Mar_ager 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. GIVENT UNDER MY HAND AND SEAL OF OFFICE, This day of Notary Public in and for Nueces Coun y, Texas THE STATE OF TEXAS COUNTY OF NUECES' -� BEFORE ME, The undersigned authority, on this day personally appeared 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 L INDER MY HAND AND SEAL OF OFFICE, This the day of Notary Public in and for Nueces County, Texas THE STATE OF TEXAS 'COUNTY OF NUECES BEFORE ME, The undersigned authority, on this day personally appeared Ramon S.'Esparza and Angelita Esparza , his wife, both known tome to be the persons whose names are subscribed to the Soregoing Instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Angelita Esparza , wife of the said Ramon S. Esparza , 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 L 3iu( day of Notnry.1kib.lic in and for Nuece:o C Ly, Texan CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) April 26, 1971 I certify to the City Council that $ 3,433.50 , 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 102 General Fund Project No. 102 -3327 -502 Project Name Police Station Expansion from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 19 Director of Finance FIN 2 -55 Revised 7 -31 -69 CORPUS CHRISTI, TEXAS DAY O pCLj(.if 61AL -^k-& �9 / �y I 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. PECTFULLY, • '0 u MAYOR THE CITY OF CORPUS CH TIC TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE / /r'-Ie —) CHARLES A. BONNIWELL ROBERTO BOSQUEZ f I REV. HAROLD T. BRANCH �/ l- {- L -Lk_./ THOMAS V. GONZALES GABE LOZANO, SR. J.'. HOWARD STARK U THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL Leo ROBERTO BOSQUEZ ✓/ �/ I REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK' U