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Home My WebLink About10298 ORD - 06/16/1971r . VMP :6/16/71 A AN ORDINANCE APPROPRIATING OUT OF NO. 220 STREET BOND FUND $161.50, OF WHICH AMOUNT $75.00 IS FOR ACQUISITION OF PARCEL NO. 16 AND $86.50 IS FOR INCIDENTAL EXPENSES AND RELATED COSTS, _APPLICABLE TO PROJECT NO. 220 -67 -92.4 N.I.P. HILLCREST AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS WITH THE OWNERS, N. B. PLEASANTS AND WIFE GERTRUDE PLEASANTS; 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 N0. 220 STREET BOND FUND $161.50, OF WHICH AMOUNT $75.00 IS FOR ACQUISITION OF PARCEL NO. 16 AND $86.50 IS FOR INCIDENTAL EXPENSES AND RELATED COSTS, APPLICABLE TO PROJECT N0. 220 -67 -92.4 N.I.P. HILLCREST AREA, SAID PARCEL BEING DESCRIBED AS FOLLOWS: PARCEL NO. 16 BEING A TRIANGULAR TRACT OF LAND OUT OF LOT 12, BLOCK 1, RESUBDIVISION OF SHORELINE PARK ADDITION, AS SHOWN BY MAP OF RECORD IN VOLUME 33 PAGE 28, MAP RECORDS, NUECES f COUNTY, TEXAS, SAID TRIANGULAR TRACT OF LAND BEING MORE ,i PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 12, SAID POINT BEING AT THE INTERSECTION OF THE NORTHEAST RIGHT -OF -WAY LINE OF JOHN STREET AND THE SOUTHEAST RIGHT - OF -WAY LINE OF KENNEDY STREET FOR THE MOST NORTHERLY AND BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 58' 501 E., WITH THE NORTHEAST BOUNDARY LINE OF SAID LQT 12, A DISTANCE OF 10.0 FEET TO A POINT FOR THE MOST EASTERLY CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 76' 101 w., A DISTANCE OF 14.14 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° 101 E., WITH THE NORTHWEST BOUNDARY LINE OF SAID LOT 12, A DISTANCE OF 10.0 FEET TO THE POINT OF BEGINNING. CONTAINING 50.0 SQUARE FEET OF LAND MORE OR LESS. 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, N. B. PLEASANTS AND WIFE, GERTRUDE PLEASANTS, COPY OF SAID REAL ESTATE SALES CONTRACT MARKED EXHIBIT "A" BEING ATTACHED HERETO AND MADE A PART HEREOF. 10298 . y�R SECTION 3. THE NECESSITY TO APPROPRIATE THE SUM HEREINABOVE DESCRIBED AND THE ACQUISITION OF THE AFORESAID PARCEL 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 ��Y-/"/ DAY OF JUNE, 1971. ATTEST: / ,�. %, _ cep �1 oir� -•-�� . CITY SE RET RY ij MAYOR THE CITY OF CORPU�CHR STI, TEXAS APPROVED: �x DAY OF J 1971: CI ATTORNEY FW 2 - Form 14 REAL ESTATE SALES CONTRACT Parcel No. 16 THE 4 TATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between N. B. Pleasants and wife Gertrude Pleasants 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 41 following described property situated in Nueces County, Texas, to -wit: Being a triangular tract of land out of Lot 12, Block 1; resubdivision of Shoreline Park Addition, as shown by map of record in Volume 3 Page 28 Map Records, Nueces County, Texas, said triangular tract of land being more particularly described by metes and bounds as follows: Beginning at the most northerly corner of said Lot 12, said point being at the intersection of the northeast right -of -way line of John Street and the Southeast right -of -way line of Kennedy street for the most northerly and beginning corner of the tract herein described; Thence S. 5$ 0 50' E., with the northeast boundary line of said Lot 12, a distance of 10.0 feet to a point for the most easterly corner of the tract herein described; Thence S. 76 0 10' W., a distance of 14.14 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' E., with the Northwest boundary line of said Lot 12, a distance of 10.0 feet to the point of beginning. Containing 50.0 square feet of land more or less. - 1 - FxN1aIT n Form 14a 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�Q_. 6. Due to the very neglig$ble amount of Taxes due the City for 1971 and the greater cost of calculating and collecting the same, payment of such taxes is remitted, e,,(— subject to approval of this contract by the City Council. c�ey-- T-ents; -anEl- int ere st;-- 0- any-3- awe -4e- e e�-- ie#,•teetz- t?x�-L-.zye-z- xp-S-e--'61-e-i�s•- €o1- -tlle gear- 19-- gg - - -be- date- o#= e3oE:i o3 exeept-as- may- be- 4ierei4'k- otkrex��i }�rouic�ec . 7. Buyer has this day de sited 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 [ - rorm l4c with its usual and customary procedure. In the event Sellers fail 'to tendor a deed conveying said properly in accordance with the terms of the contract within the time provided herein the Bayer may enforce performance of'this contract by inaction for specific performance thereof. B. The Buyer agrees to accept title subject to all outstanding restrictive covenants and use restrictions, if any, of record, mid all city zoning and regulatory ordinances, if any, applicable to said property. • ♦ !QI /!1 ♦0lIQlI1Ntl1V091'I /H4'O / ♦U'1 b'!1i'It� Q 1�l /Q'!'tl /'1V ••!' •11111111111 • 11.1.111N •1• ••• •11.11.1 'IV ' @! ♦1!•'1U1.b11'• {'U'1 O'1'1 { :' 9lISY {�O'1 ♦!1♦'O1V`O1'Vi ♦1aO1' •v13O1 11' UYU♦ OVVON14U1 ''9141U/V114 ♦V! ?PIVI� ♦6 ♦VOY! °0/ ♦ ' Yl OIVI IWV'VV!'3'O'Od'VI'O'01'YYI'SO "OV 00915@♦ OV:14'Y /4Ntl /O4 /10EN lVII 011111 9/ N' 44' Y�Y '4!!0!'!'W!!! "L4'V'•f3f♦ ♦'QI'!' fY'Q'D'Yi11'YV9• 7! 1111 2UYOa •N••••r1• O 11• @3lNN1 11NO10'UN1lU V'1 N'U!•'l•'!•N•:! Yi'31'1^'J••J'O •'1'O •'U •Y"UW9• Na •10.0 J• 1•UIV1�1:U'!V 101N'41 ♦111 1IU1lU ♦U1Y! +'1N8UW'1Y ✓UV'b'I�♦flY'ti 1119'Y14'V'N / "1'D ♦'•Jb ♦'! '19V4- S ♦ ♦3lUON♦ VOM O. ONIIb• NV011�i11U91•NNV!'�!•V'lNUNI'1♦ :CCU' '1Q!'11'11�! °V'+ /Q''!'N {V "!'N♦U'tl'! '411IN44•VSUNB SIv911 1:H 9'•31•H•l�1 •lO /V •U31331' // NN4lV.1 ItlUl VI O'14srlbli11*!'d ♦! ♦'0 !'9'!" 7!'N SY1•N'V'SC 9'S U'LS ♦1 VS' 3 C �U. 1:{ 4�i. Q: 1:' 1. 4. 1.$ H9 ,G.1.fa:•:1.3,i3.VR.RLNAU /UU'!' {04'!'1 ' +'O'C�I!'YSN'9!'a!f !'V'VI`!'N ♦N'J" N•!'J 9'SOuV i•K•.»vUS1igU0�3 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. `p6lVUa•o<.'(f,p Mia •i( • b. Hlq:• N' H'+> O/ 1a111' 09P' ••b4 ?3l1J113! ?q'! "!db• @lIIWV'V♦ 1)1 /.1vdv lld,> 1. 1 •ia�+i.<sdN1011i+.►/Cfll4lib•I P I:V.V111�1iUNInVVlhIIHC+n.+1C a{ . 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 //j�"> 19 . A?w rgF ATTEST: N. B. PLEASANTS GERTRUDE PLEASANTS City Secretary SELLERS CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO YLEG FO RM THIS DAY OF ,19 BY: City Manager BUYER City Q torney� I" Form 'J. j'ATE OF TEX11"' MUE".11Y OF 110EC113 11EFO1;L' 1•;R, The wulex;::igucd authority, on this day parsomilly appeared R; Marvin Town.--cnd, City M-mager of the City of Corj)uC 6visti, Texas, known to ).i(,, to be tho per son whose nwn,, 1z, subscribed to the forcgoing in"trunlc"11't mid aclznowleducd to Inc that: he exccutcd the zwno for the purposes avid consideration therein cxprcs.;ccj, and in the capacity there-in stated and as the Act and'Doed of said City. C3 111EX UJIM'M MY HAND AITI) SEAT, OF OPPICE, This di;y of EOLOXY 110:011C in anc, for RUeces Coun'.Y, Texas THE' STATE Oli TEXIT, COMTY Or NTUECES BErORE ME, The undersigned authority, on 'this day personally appeared N. B. Pleasants Imown to me to be the person whose nalae is subscribed to the foregoing instrument, and acknowledged to me that lie executed the same for.the purposes and consideration therein expressed. GIVEN UIMER Iff 11AND AND SEAL OF OFFICE, This the day of Al in and for Nueces Couruy, Teats THE STATE OF TOMS COUNTY OF • NUECES BEFORE ME, The undersigned authority, on this day personally appeared and his wife, both k_qown to me to be the persons whose names are subscribed to the rorcaoing 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 examizned 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 o me for the purposes and consideration therein exl)ressed, and that she did not wish to retract it. GIVEN UNDER MY )LAUD AND ShAh OF OFFICE, The day of For C'milLy, T,xw" Form 1h••c TRU STATE OF TEXA:J � .. COUNTY OF NUEGES BEFORE 1•:E, The wtclers:igned authority, on this day personally appeared Ii: Marvin Townsend, City Dianager of the City of Corpuo Christi, Texas, known to mu to be the person whose natne is subscribed to the foregoing in.-brument and aclanow1ce1gcd to )ae that he exccutcd the samc•for the purposes and consideration therein expressed, and in the capacity therein stated and as the Act and Deed of said City. GIVER' UNDER ifY HAND AND SEAL OF OFFICE, This day of Notary Public in ana for Nueces Courty, Texas Tl:b STATE OF - TLXAS j( COUNTY or IMCES � BEFORE b., The undersigned authority, on this day personally appeared 71 , lu-iown to me to be the person whose name is subscribed to the foregoing instmment, and aclnewled .ged to me that lie executed the same for the purposes and consideration therein expressed. GIVEN WIDER I4Y MUM AND SEAL OF OFFICE, This the / (/ day of y G0� Notary- TuDiic in and or Nueces Counuy, Texas THE STATE OF TEXAS C0701ITY or IRMCIEB BEFORE 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 instrumc-rt, 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 exwsined 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 scone for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAT, OF OFFICE, The day of Nut.nry•]Lli.l Lu iu nod 1'nr wuuc•rc; C,ttn6y� 'Y.�xna CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) R June 11, 1971 I certify to the City Council that $ 161.50 , 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 �T to the credit of; Rind No, and Name 220 Street Bond Fund Project No. 220 -67 -92.4 Project Name N.I.P. Hillcrest Area (H.U.D. Grant) from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 19—ZZ— GL-p FIN 2 -55 Revised 7 -31 -69 CORPUS CHRISTI � TEXAS / / �7 /6 hAJ DAY OFL•L�v �9 / 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; 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 1= CITY COUNCIL. , iRE'SE C1'fULIY, G O �C' MAYOR ' THE CITY OF CORPUS C RIST1, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE BONN I E S I ZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH (tiU,QJ THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL's / ROBERTO BOSQUEZ °•"�f✓ REV. HAROLD T. BRANCH l THOMAS V. GONZALESQJ GABE LOZANO, SR. • J. HOWARD STARK 7r . U