HomeMy WebLinkAbout10290 ORD - 06/09/1971D
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VMP:6 /7/71
AN ORDINANCE
APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE
SUM OF $799.91 OF WHICH AMOUNT $453.91 IS FOR
ACQUISITION OF PARCELS 10, 11, 15 AND 18 AND $�46
IS FOR INCIDENTAL EXPENSES AND RELATED COSTS, APPLI-
CABLE TO PROJECT NO. 220 -67 -92.14 NIP HILLCREST AREA;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXE-
CUTE REAL ESTATE SALES CONTRACT WITH THE OWNERS,
JOHN H. THOMAS AND WIFE ANNIE B. THOMAS AND FRED
QUAILE, ALL OF CORPUS CHRISTI; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THERE IS HEREBY APPROPRIATED OUT OF NO. 220 STREET
BOND FUND THE SUM OF $799.91 OF WHICH AMOUNT $1153.91 IS FOR ACQUISITION OF
PARCELS 10, 11, 15 AND 18 AND $3446 IS FOR INCIDENTAL EXPENSES AND RELATED
COSTS, APPLICABLE TO PROJECT NO. 220 -67 -92.14 NIP HILLCREST AREA. PARCELS
10, 11, AND 18 ARE OWNED BY JOHN H. THOMAS AND WIFE ANNIE B. THOMAS, AND
PARCEL 15 IS OWNED BY FRED QUAILE, SAID PARCELS BEING MORE FULLY DESCRIBED
AS FOLLOWS:
PARCEL NO. 10
BEING A TRIANGULAR TRACT OF LAND OUT OF LOT 1, WEST
BROADWAY ADDITION, AS SHOWN BY MAP OF RECORD IN VOLUME
5, PAGE 147, .MAP RECORDS, NUECES COUNTY, TEXAS, SAID
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 1,
FOR THE MOST SOUTHERLY AND BEGINNING CORNER OF THE
TRACT HEREIN DESCRIBED;
THENCE N. 5$' 15, W., WITH THE SOUTHWEST BOUNDARY LINE
OF SAID LOT 1, A DISTANCE OF 58.46 FEET TO A POINT ON
THE NEW NORTHEAST BOUNDARY LINE OF WEST BROADWAY, FOR
THE MOST WESTERLY CORNER OF THIS TRACT;
THENCE IN AN EASTERLY DIRECTION WITH THE ARC OF A CURVE
TO THE LEST WHOSE CENTRAL ANGLE IS 290 09� 13 °, AND
WHOSE RADIUS IS 1200 FEET, A DISTANCE OF 61.06 FEET TO
A POINT IN THE SOUTHEAST BOUNDARY LINE OF SAID LOT 1
FOR THE MOST EASTERLY CORNER OF THE TRACT HEREIN
DESCRIBED;
THENCE S. 31' 45' W., WITH THE SOUTHEAST BOUNDARY LINE
OF SAID LOT 1, A DISTANCE OF 15.20 FEET TO THE POINT
OF BEGINNING.
CONTAINING 288.3 SQUARE FEET OF LAND MORE OR LESS.
PARCEL NO. 11
BEING A TRIANGULAR TRACT OF LAND OUT OF LOT 1 -A,
KENNEDY PLACE UNIT 2, AS SHOWN BY MAP OF RECORD IN
VOLUME 27, PAGE 75, MAP RECORDS, NUECES COUNTY, TEXAS,
10200
SAID TRIANGULAR TRACT OF LAND BEING MORE PAR TI'CU 'EARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 1 -A
IN THE PRESENT SOUTH RIGHT -OF -WAY LINE OF WEST BROADWAY
FOR THE MOST EASTERLY AND BEGINNING CORNER OF�4TT,HE TRACT
HEREIN DESCRIBED;
THENCE S. 31' 121 30" W., WITH THE SOUTHEAST BOUNDARY
OF SAID LOT 1 -A, AT 2.06 FEET PASS THE MOST NORTHERLY
CORNER OF LOT 5, KENNEDY PLACE AS SHOWN BY MAP OF
RECORD IN VOLUME 13, PAGE 41, MAP RECORDS, NUECES COUNTY,
TEXAS, IN ALL A DISTANCE OF 5.05 FEET TO A POINT FOR THE
MOST SOUTHERLY CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE S. 74' 211 4511 W., A DISTANCE OF 41.24 FEET TO A
POINT IN THE PRESENT SOUTH RIGHT -OF -WAY LINE OF SAID WEST
BROADWAY FOR THE MOST WESTERLY CORNER OF THE TRACT HEREIN
DESCRIBED;
THENCE N. 69' 581 E., WITH THE SOUTH RIGHT -OF -WAY LINE OF
SAID WEST BROADWAY, A DISTANCE OF 45.05 FEET TO THE
POINT OF BEGINNING.
CONTAINING 71.2 SQUARE FEET OF LAND MORE OR LESS.
PARCEL N0. 15
BEING A TRIANGULAR TRACT OF LAND OUT OF LOT 10, BLOCK II,
CITIZENS ADDITION, AS SHOWN BY RAP OF RECORD IN VOLUME A,
PAGE 6, MAP RECORDS, NUECES COUNTY, TEXAS, SAID TRIANGULAR
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 10, SAID
POINT BEING IN THE SOUTHEAST RIGHT -OF -WAY LINE OF KENNEDY
AVENUE FOR THE MOST WESTERLY AND BEGINNING CORNER OF THE
TRACT HEREIN DESCRIBED;
THENCE N. 31' 101 E., WITH THE SOUTHEAST RIGHT -OF -WAY LINE
OF SAID KENNEDY AVENUE, A DISTANCE OF 12.0 FEET TO A POINT
FOR THE MOST NORTHERLY CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE S. 39' 101 45" E., A DISTANCE OF 30.46 FEET TO A
POINT IN THE SOUTHWEST BOUNDARY LINE OF SAID LOT 10, FOR
THE MOST SOUTHERLY CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. 58' 501 W., WITH THE SOUTHWEST BOUNDARY LINE OF
SAID LOT 10, A DISTANCE OF 28.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 168.0 SQUARE FEET OF LAND MORE OR LESS.
PARCEL N0. 18
BEING A STRIP OF LAND 4. O FEET WIDE BY 53.50 FEET LONG,
AND BEING THE SOUTHEAST 4.50 FEET OF LOT 2, KENNEDY PLACEI
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.
-2-
SECTION 2. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED,
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE REAL ESTATE
SALES CONTRACT WITH THE OWNERS OF PARCELS 10, 11, AND 18, JOHN H. THOMAS
AND WIFE, ANNIE B. THOMAS, AND THE OWNER OF PARCEL 15, FRED QUAILE, COPIES
OF SAID REAL ESTATE SALES CONTRACTS MARKED EXHIBIT "All "Bn "C" AND
BEING ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 3. THE NECESSITY TO APPROPRIATE THE SUM HEREINABOVE
DESCRIBED AND THE ACQUISITION -OF THE AFORESAID PARCELS 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
•f 7`-� ) DAY OF JUNE, 1971•
ATTEST:
/
J 1
ITY SEC RE
APPROVED:
__� DAY OF
JUNE, 1971:
J ////,
Zi_
C Y ATTORNEY
t
MAYOR
THE CITY OF C P S CHRISTI, TEXAS
.N7 2 - Form 14 i
REAL ESTATE SALES CONTRACT
Parcel No. 10
THE STATE OF TEXAS
COUNTY OF NUECES
This memorandum of agreement made and entered into by and between
John H. Thomas et ux Annie B. 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 triangular tract of land out of Lot 1, West Broadway Addition, as shown
by map of record in Volume 5 page 47 Map Records, Nueces County, Texas, said
tract of land being more particularly described by metes and bounds as follows;
Beginning at the most Southerly corner of said Lot 1, for the most southerly
and beginning corner of the tract herein described;
Thence N. 580 15' W., with the Southwest boundary line of said Lot 1, a distance
of 58.46 feet to a point on the new northeast boundary line of West Broadway,
for the most westerly corner of this tract;
Thence in an easterly direction with the are of a curve to the left whose central
angle is 290 09' 13 ", and whose radius is 1200 feet, a distance of 61.06 feet to
a point in the Southeast boundary line of said Lot 1 for the most easterly corner
of the tract herein described;
Thence S. 310 45' W., with the Southeast boundary line of said Lot 1, a distance
of 15.20 feet to the point of beginning.
Containing 288.3 square feet of land more or less.
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Porn: lha ,
2. The purchase pricc is 4M
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 indcmiify the Bayer a ,,ainst 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 cIravn 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 19-10—.
6. Due to the very negliSable amount of Taxes due the City for 1971 and
the greater cost of calculating and collecting the same, payment of such taxes is remitted,
subject to approval of this contract by the City Council.
£� -- —_u�rzrzext- taxes., - - tea=est.,-i£ -any, are- LD---
be- }rros2,t�rcc�- �'t e-># zye�- axd- Sed3e=•a%r- #,�x3- 3v�aa= 1��------ to_dat ®_ef- closiur.,_
exeept- as- 4).ecrer- o >kerrr3se- }rroa3fied.
7. Buyer has this day d posited 'witth the Title Insurance Company or
Title Guaranty Company the sum of 1X 7/ 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 -
, 1
- Form lite
with its usual and customary procedure. In the event Sellers fail to l;endex 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.
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- 3 -
• 2 - Form I)Id i
E.1, F.CUTI-J) J1,11 LI-IL51icate, ci.LLcr copy ol, x0li,ch sbull con;;M.LjiI;c jkl,
ariL;Wol, on Ll)j.,, the day of 3-9-7J.
ATTEST; n H. OLs-
Annie B. Thomas
City Secretary . SE.LLERS
CITY OF COIMS CHRISTI, ;'EYM
APPROVED AS TO LECdLL FOM-1 THIS
DAY OF 1� BY:
City Manager
BUYER
City Atto:-.,ney
0
Form :LJI-L!
OP
COUINITY OF IMEM'-,
The authority, on this day pexrL)l1ally lq)p(!L).rc(l
11. Marvin Town.-,cnd, City M,'U)CLG0r Of the City of Coypu.- Christi, Texas) known to me
to be the pc r.on whose name is subscribcid to the forocoin',, ins iumlent Eatd acknowledged
to );ic that he executed the some. for the purposes and consideration '.bc,,rcin expres.,:cd,
and in the capacity therein stated zuid as the Act and Decd of said City.
GINEN UDDIR MY HAND AND SEAT, Or OFFICE, This day of
Notary I'Liblic in and for Naeces Courty, Texas
-T11-0 STATE OF TMV3
COMNTY Or IMCES
BEFORE 1.2, The undersigned authority, on this day personally appeared
Imown to me to be the person whose nine is
subscribed to the foregoing instrument, and ack-ncwledged to me that he axecirted the
same for. the purposes and consideration therein expressed.
GlUIT TAMER 1,ff RID 414D SEAL OF OFFICE, This the day of
19�
Votary Poblic in and for E'ueces County, Texas
TIM, STATE OF TEXAS
COMMY OF IRFECES
BEFORE ME, The undersigned authoritF, on this day personally appeared
John.H. Thomas and Annie B. Thomas
his ~•rife, both luaown 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
Annie B. Thomas wife of the said John H. Thomas
having been exa•u-ned 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.
GlVr,N UNDER MY HAND AND SEAL OF OFFICE, The (lay of
.1.9
1,211
Fy- i \ a �/O' A 1-1
It
Parcel Nr '
PW 2 - Form 14 ,
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
This memorandum of agreement made and eritered into by and between
John H. Thomas , et ux Annie B. 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 triangular tract of land out of Lot 1 -A, Kennedy Place Unit 2, as shown
by map of record in Volume 27, Page 75, Map Records, Nueces County, Texas, said
triangular tract of land being more particularly described by metes and bounds
as follows:
Beginning at the most Easterly corner of said Lot 1 -A in the present South right -
of -way line of West Broadway for the most Easterly and beginning corner of the
tract herein described;
0
Thence S. 31 12' 30" W., with the Southeast boundary of said Lot 1 -A, at 2.06
feet pass the most northerly corner of Lot 5, Kennedy Place as shown by map of
record in Volume 13, Page 41, Map Records, Nueces County, Texas, in all a distance
of 5.05 feet to a point for the most Southerly corner of the tract herein described;
Thence S. 740 21' 45" W., a distance of 41.24 feet to a point in the present South
right -of -way line of said West Broadway for the most westerly corner of the tract
herein described;
Thence N. 69 5$' E., with the South right -of -way line of said West Broadway, a
distance of 45.05 feet to the point of beginning.
Containing 71.2 square feet of land more or less.
- 1 -
rxhlai i „�..
r
1, 1 - Form l4a
2. The Purchase P n rice is �
3• The Sellers shall provide at the expense of Buyer, a Title Insurance
Policy, without exceptions to said title being made in said title policy, which
policy shall wholly insure and indemnify the Buyer against any title defects or
adverse claims thereto. Said Title Insurance Policy shall be issued through a
reliable Title Insurance Company and shall be delivered to the Buyer on the date
of the closing of this deal.
4. "Upon the securing of'the Title Insurance Policy provided for herein
to be prepared by purchaser, Sellers agree to deliver a good and sufficient General
Warranty Deed drawn in accordance with the provisions of this contract, properly
conveying said property to said Buyer, and Buyer agrees thereupon to make the cash
payment.
5. All taxes to be paid by Sellers up to and including the year 19_70 .
6. Due to the very negligable amount of Taxes due the City for 1971 and
the greater cost of calculating and collecting the same, paymenl_of such taxes is remitted,
subject to approval of this contract by the City Council.
i r a� toE-- All-cisrrext- taxes;- }nsaFaxee3- �ee#s3- ir-
-be- -pr-or-at k 4wco -the -der- and- SelleFc -i'or- the_ -yee =3.A
pt.�$- ieey-� l�epei�- etkeuwlse- p�oa3ded
7. Buyer has this day Wosited with the Title Insurance Company or
Title Guaranty Company the sum of DD 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 -
C
Porm the '
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'tiis 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.
• • •e•o•••• • ooa •n9• oy •oeo ••v'rs• .• ee�•`••o •rouo•o•••••••• •••�
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.
. �, �.i.6.1k.,•Ii.C-,OG.20iPf..C:6.F i:1 : •AfaVT6A..t:07f•i.OAN J:y.ia•"101:id• 4H•ysep�! se•sy��•onn
�. :0••GZP•• :? �.• v.. l:.. G7O .�.F��O.q_��fr.O.��f..f;�0.4 F6:i.0i, {..f:0•.i .�l•A,Jd•0.•�x1:111�oA00.
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.
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I
PW 2 - Form 14d -
EXECUTED in triplicate, either copy of which shall constitute an
i
original, on this the C� day of
ATTEST:
City Secretary
APPROVED AS TO LEGAL FOMM THIS
DAY OF ,19
City Attorney
Annie B. Thomas
SELLERS
CITY OF CORPUS CHRISTI, TEXAS
BY:
City Manager
BUYER
J � 11v•!.l 1.11 ••e ,
Till. /,'!1. Oil' 'r'l::,11 :1
COUI;'l'Y OI MIJ:ialtl
Iifir'OkL Mi., 7'hc teulcr:::il,ncd aut.hori.t.y, on th.i.r clay personul.l.y ,li,heared
R., Marvin Townrcnl, City 1•icnaCcr of the City of Coxpuc Christi, Texas, )mown to me
to be the pe:.:;o:i whose ncmc i:; subecri.iJCd to the foucgoi_ g, instramult ;ucd acicnowledUed
to I,tc that he c>_ecutccl the scmmc for the purposes and connsidcration therein expresses),
and in the capacity therein stated and as the Act mid Deed of said City.
GIVEN UNDE11 •',Y MUM AM SEAL OF OFFICE, This day of
Notary .Perlis in wm for ;faeces Cou ty, T,�:•:as
TIM STATE OF M'XkS
COME"TY 0 ::UECBS l
MFORE 1•—E, The tnadersianed authority, on this day personally appeared
John H. Thomas , Imown to me to be the person whose name is
subscribed to the foregoing instrument, anci acl- iowled;ed to me that he credited the
same for, the purposes and. consideration therein expressed. �% /
CIYP.P: UNDER i•fY ILAi9D AiL7 SEAL OF OFFICE, Thin the �h da of
Ai
Yotai-y Yc mlic in and for i;aeces Courruy, Texas
TILE STATE OF TEXAS
COUmay OF IIIIECES
BEFORE ME, The imdersigned authority, on this day personally appeared
and
his tri£e, both kaolin to me to be the persons whose r_ames are subscribed to the
foreCoitg instrumer_t, and ackno;•;ledged to me that they each executed the some for
the purposes and consideration therein expressed, and the said
F.3fe of the said
having been exa:wied by ntc privily and apart from her husband, acimowledgcd such
instrur•;ent to be her act and deed, and declared that she had willingly �irncd the
stone for the purpocc5 and con::idcration therein expressed, and that she did not wisli
to retract it.
MIRN UND:;It IdIC HAND AND SEAL OF OFFICE, The day of
Yotalry IWOIt! ill null I'm' lhu:ol': Cuwll,y' I''sn
.tfi J�urr• 7.h -•c
j'AlJi OF TJ:>;A;; '
COUNTY OF JJULCas 1
IIEFORE 1 -%, The undcr;::iCncd authority, on this day personally appeared
It: AJarvin Townsuid, City Diarager of tile City of Corpnc Christi, Texas, Jolown to me
to be the pernoa ubose name is subscribed to the foroJ;oint; in:,trument.ard tchnow1c6ged
to )ne that he executed the same for the purposes and consideration therein expressed,
and in the capacity therein stated and as the Act and need of said City.
GIVEN MIMI', MY WUM J'M SEAL OF OFFICE, This day of
_Notary I'uolic in ana for Nueces Co_z ty, Texas
`PIE STJWLE CT T19AS
COUNTY OF NUECES
ilET'ORE I -M, The undersigned authority, on this day personally appeared
Annie B. Thomas , IIIlown to me to be the person whose name is
subscribed to the foregoing.instrunent, and acknowledged to me that Ehe executed the
same for the purposes and consideration therein expressed. /
GIVEN U11DER Iff M-ID AND SEAL-OF OFFICE, This the day of
Notary �3ic in and for P�aeces Cou.ty, Texas
THE STATE OF TEXAS
COUNTY 'OF rUECES
BEFORE ME, The undersigned authority, on this day personally appeared
and '
his irife, both knotrn to me to be the persons whose names are subscribed to the
foregoing instrunlent, 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 exaai_ed by me privily and apart from her husband,' acknowledged such
instrument to be her act and deed, and declared that she had willingly eigned the
Dame for the purposes and consideration therein expressed, and that she did not wish
to retract it.
GIVEN UNMER MY HAND AND SEAL OF OFFICE•., Tile day of
hut•nry.)�il�.lic In and (',u• tJuceu :: t:nuil;y, 'P��.+n:�
0
PW 2 - Form 14.
REAL ESTATE SALES CONTRACT
Parcel #15
THE STATE OF TEXAS
COUNTY OF NUECES
This memorandum of agreement made and entered into by and between
Fred F. Quaile
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 triangular tract of land out of Lot 10, Block II, Citizens Addition as
shown by Map of record in Volume A Page 6, Map Records Nueces County, Texas,
said triangular tract being more particularly described by metes and bounds as
follows: '
Beginning at the most westerly corner of said Lot 10, said point being in the
Southeast right -of -way line of Kennedy Avenue for the most westerly and beginning
corner of the tract herein described;
0
Thence N. 31 10' E., with the Southeast right -of -way line of said Kennedy Ave.,
a distance of 12.0 feet to a point for the most northerly corner of the tract
herein described;
Thence S. 390 10' 45" E., a distance of 30.46 feet to a point in the Southwest
boundary line of said Lot 10, for the most Southerly corner of the tract herein
described;
Thence N. 58 0 50' W., with the Southwest boundary line of said Lot 10, a distance
of 28.00 feet to the point of beginning.
Containing 168.0 square feet of land more or less.
z
PW 2 - Form 14a
2. The purchase price is Sz9. 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.
70
5• All taxes to be paid by Sellers up to and including the year 19 70 4v-)
6. Due to the very negligible amount of Taxes due the City for 1971 and,
_6 _ _8, iAs.._eanee'= epAe'ee-4 4€ may, era ee
the greater cost of calculating and collecting the same, payment of such taxes remitted,
:6e pi- eias;6eEI ;6e e+een n6he B ex OL-4 Segnl"M Fei. '41:e ye—
as part consideration hereunder, subject to approval of this contract by the City Council.
eaeeeTt as may be iqe-e- - -. - -- pi-a-44@4
7. Buyer has this day d posited 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
of Title Guaranty Company said title company will close The deal in accordance
MAM
P. Form J.hc
with its usual .uid customary procedure. In the event seller: fail to tender a decd
conveying said property in accordcnce with the terms of the conLract within the time
provided herein the Buyer may enforce performance of this contract by inaction for
specific perform.uzcc thereof.
£3. The Buyer agrees to accept title subject to all outstanding restrictive
coveneeits and use restrictions, if any, of record, and all city zoning and regulatory
ordinances, if any, applicable to said property.
9. 8P E..4,4 a „r
.ri'' ,•,' _ _ '-7uii '�ia'"aee;f - (5e�R'P3ffi e�Hi11 o�3e eeElee ' - 10. It 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.
@A4 aos3tne, R44! ;4e
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 -
4 2 - Form 14d
EXECUTED in triplicate, either copy of which shall constitute an
original, on this the - 5 day of �%t , l9�•
r
Fred F. Quaile
ATTEST:
SELLERS
City Secretary
CITY OF CORPUS CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM THIS
DAX OF , is
City Attorney
- 4 -
BY:
City Manager
BUYER
- F01:11) 1)1-c I
TRE, STIVY11, Ol., v-,xm
COUNTY OF 311JECES,
BEFOm The undersigned authority, on this day -Per3ono-1.1y appeared
R; Marvin Toijnor-md, City Maragcr of the City of Corlyac Christi, Texas, Yuiovni to inc
to be the person iihose. name is subscribed to the foregoing in[,trumont aitcl aclUioxjlcd_gcd
to 3ae 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 OFF ICE, This day of
) 19-.
Notary f5lic in anci for Nueecs County, Texas
TIM, STATE CF T MMS
COM-aly or NUECES
13EFOrE 1,F,, The undersigned authority, on this day personally appeared
Fred F. Quaile Imown to me to be the person whose name is
subscribed•to the foregoing imstrument, and ackavaledged to me that he executed the
same for the purposes and consideration therein expressed.
MEN UNDER 1•1Y lWTD AND SEAL OF OFFICE, This the day of
1971
A 41-111
or N ��
for County, Texas
Notary 1�ablic in and 4
THE STATE OF TEXAS
COUNTY OF NUECES
BErORB ME, The undersigned authority, on this day personally appeared
and
his 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.
GM-,N UNDER MY HAND AND SEAL OF OFFICE) The day of
Notllvy.jklh.11ta 111 111111 Tor CoullLy,
Parcel No.
c
FW 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
John H. Thomas et ux Annie B. Thomas
hereinafter called Sellers, of the County of Nuenes , 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 53.50 feet long, and being the Southeast
4.50 feet of Lot 2, 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 -
PXH19IT ", "
1.- 2 - Form lh a
2. Thu purchase price iJZ 7 OX' J 2
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_y2-.
6. Due to the very negligable amount of Taxes due the City for 1971 and
the greater cost of calculating and collecting Lhe same, payment,of such taxes is remitted,
subject to appproval of this contract by the City Council.
{7 - rents;- and - interest;- if- arr,,+-,- s� e-tO
k pro t feeir#11-- i- -ar4i - Sellers -feY -the - yea= -19- fib- --to- de of e3 in ,
--pt as—may—berAro n nth Lise prn`cided.
7.- Buyer has this day de sited with the Title Insurance Company or
Title Guaranty Company the sum of /�5�, C> 5 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. Vhen 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 -
1.. 1 - form 111c
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
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.
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 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 14d
EXECUTED in triplicate, either copy of which shall constitute an
original, on this the � day of /1?
ATTEST: John H. omas
Annie B. Thomas
City Secretary SELLERS
APPROVED AS TO LEGAL FORM THIS
DAY OF ,19
City Attorney
CITY OF CORPUS CHRISTI, TEXAS
BY:
City Manager
BUYER
�111v, Or T17XA.I,'
COUNICY OF IMECT1111
BEFORE ME, The authority, on this day personally appeared
11; •arvin Town-ciid, City 14- urger of the City of Corpus- Christi, Texas, known W mu
to be the j)e-,::on whose nwiic is subs(!rIbcd to the foregoing instrument coid,
to iiie that he executed the same for the purposes and consideration therein expressed,
mid in the capacity therein stated and as the Act und Deed of said City.
GIVEN U,0313TI MY htJ-,D AND SEAL OF OFFICE, This dV of
Notary Rfolic in and for Nucces caar;.Y, Texas
TIM SIT"CLE OF =A'S
COUNTY OF ITUECES
BEFORD ME, The iLndorzigned authority, on this day personally appeared
Imoan to me to be the person whose name is
subscribed to the foregoing instrument, and acknowled3ed to me that he executed the
same for the purposes and consideration therein expressed.
G17ENT UNDER I•Y IIW.TD AITI) SEAL OF OFFICE, This the day of
Notary Pobl--'c in and for Nieces Courry, Texas
THE STATE OF TEXAS
COUNTY OF ITLTEPCES•
BEFME ME, The undersi_-ned authority, on this day -personally appeared
John.H. Thomas and Annie B. Thomas
his irife, both Izaoici to me to be the -persons whose names are subscribed to the
foregoing :Lnstrumer-tv and acknovIedged to me that they each executed the same for
the -purposes and consideration therein expressed, and the said
Annie B. Thomas wife of the said '.'- 'John H. Thomas
having been exmnincd by me privi3,y and apart from her husband, acknow1cd.,ed such
Instrument to be her act and deed, and declared that she had willingly signed the
same for the purposes and consideration therein cxp essed, and that she did not wish
to retract it.
GIVEN UrDrR MY HAND AND SEAT, OF OFFICr, The day of
' /yap , a.9 �� !/ /�.CJ 6 ! ��
ill 1111d ft.r CultilLy, T'-.;:u;
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
May 26, 1971
I certify to the City Council that $ 799.91 , 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 220 Street Fund
Project No. 220 -67 -92.4
Project Name N.I.P. Hillcrest
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
etor o �inan
(�Lf
FIN 2 -55
Revised 7 -31 -69
O
CORPUS CHRISTI, TEXAS
`%PLCee/ DAY OF� 19Ll
U
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
d
0
MAYOR
THE CITY OF CORPLIORISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
J
ROBERTO BOSQUEZ-ZaLL'!
REV. HAROLD T. BRANCH
/f
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONN I E S I ZEMORE
CHARLES A. BONNIWELL- C-Lf -✓
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES- CsI��GQI
GABE LOZANO, SR.
J. HOWARD STARK