HomeMy WebLinkAbout10304 ORD - 06/16/1971„, '' mvl:6 -14 -71
TEXAS:
r
AN ORDINANCE
APPROPRIATING OUT OF 220 STREET BOND FUND THE SUM OF
$141.50, OF WHICH $55 IS FOR LAND ACQUISITION AND $86.50
FOR INCIDENTAL EXPENSES AND RELATED COSTS, APPLICABLE TO
PROJECT NO. 220 -67 -92.4 N.I.P. HILLCREST AREA; AUTHORIZ-
ING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH OWNER
CLARA N. JOHNSON, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX
OF THE ESTATE OF C. W. JOHNSON, DECEASED; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. There is hereby appropriated out of No. 220 Street Bond
Fund the sum of $141.50, of which $55 is for land acquisition and $86.50 for
incidental expenses and related costs, applicable to Project No. 220 -67 -92.4
N.I.P. Hillcrest Area, said parcel owned by Clara N. Johnson, individually
and as independent executrix of the estate of C. W. Johnson, deceased, being
more fully described as follows:
TRACT 1
Being a tract of land out of Lot 1, Block 1, Sunset Place as shown by map of record
in Volume 4, Page 25 map Rcwrds Nucces County, Texas, said tract of "land being
more particularly described.by metes and bounds as follows:
Beginning at the most northerly corner of said Lot 1, for the most northerly corner
of the tract herein described;
Thence S. 690 08' 40” E. with the Northeast boundary line of said Lot 1, a distance of
50.64 feet to the most easterly corner of said Lot 1, for the most easterly corner of
the tract herein described;
Thence S. 300 00' W., with the southeast boundary line of said Lot 1, a distance of
2.40 feet to a point, for the most southerly corner of this tract; .
Thence N. 680 34' W., a distance of' 50.56 feet to a point in the northwest boundary
line of said Lot 1, and in the southeast right -of -way line of Nueces Bay Blvd., for the
most westerly corner of the tract herein described;
Thence N. 300 02' 30" E., with the northwest boundary line of said Lot 1, a distance of
1.88 feet to the point of beginning.
Containing 108.3 square feet-of land more or less.
TRACT 2
Being a tract of land out of Lot 2, Block 1, Sunset -Place as shown by Map of record in
Volume 4, Page 25, Map Records, Nueces County, Texas, said tract of land being more
particularly described by metes and bounds as follows:
Beginning at the most northerly corner of said Lot 2, said point being in the Southwest
right of tray line of West Broadway for the most northerly and beginning corner of the
tract herein described;
Thence S. 690 08' 40" F.., with the northeast boundary line of said Lot 2, a distance
of 21.37 feet to the most easterly corner of said Lot 2, and for the most easterly
corner of the tract herein described;
Thence S. 0o 46' 50" W., with the southeast boundary line of said Lot 2 a distance of
2.62 feet to a point for the most S1=tbcrly corner of the tract herein described;
Thence N. 680 34' W., a distance of 21.35 feet to a point in the northwest boundary line
of said LoL 2, for the most westerly corner of the tract herein described;
Thence N. 300 00' E., With the northwest boundary line of said Lot 2, a distance of 2.110
feeL Lo Lhe poinL of bef;;.nning.
CnnL:tLnJrq( !;3.6 ;;quar•e feeL of .land more or lass.
�G3�J4
SECTION 2. That the City Manager be, and he is hereby authorized,
to acquire the aforesaid parcel from the owner Clara N. Johnson, individually
and as independent executrix of the estate of C. W. Johnson—deceased, by
proper conveyance and by the execution of such other instruments as may be
necessary, copy of Real Estate Sales Contract marked Exhibit "A ", being
attached hereto and made a part hereof.
SECTION 3. The necessity to appropriate the sum hereinabove set
out for 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 14 yV
day of June, 1971.
ATTEST:
dd // o
City Secretar}d 1 MAYOR
,! l THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF JU 1
//0. e -
Citk Attorney
PW 2 - Form 14
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
Parcel No 1 - . .
This memorandum of agreement made and entered into by and between
Clara N. Johnson, Individually and Independent Executrix of the
Estate of C. W. Johnson, Deceased
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:
TRACT 1:
Being a tract of land out of Lot 1, Block 1, Sunset Place as shown by map of record
in Volume 4, Page 25 Map Records Nueces County, Texas, said tract of land being
more particularly described by metes and bounds as follows:
Beginning at the most northerly corner of said Lot 1, for the most northerly corner
of the tract herein described;
Thence S. 690 08' 40" E. with the Northeast boundary line of said Lot 1, a distance of
50.64 feet to the most easterly corner of said Lot 1, for the most easterly corner of
the tract herein described;
0
Thence S. 30 00' W., with the southeast boundary line of said Lot 1, a distance of
2.40 feet to a point, for the most southerly corner of this tract; .
Thence N. 680 34' W., a distance of 50.56 feet to a point in the northwest boundary
line of said Lot 1, and in the southeast right -of -way line of Nueces Bay Blvd., for the
most westerly corner of the tract herein described;
Thence N. 300 02' 30" E., with the northwest boundary line of said Lot 1, a distance of
1.88 feet to the point of beginning.
Containing 108.3 square feet of land more or less.
TRACT 2:
Being a tract of land out of Lot 2, Block 1, Sunset Place as shown by Map of record in
volume 4, Page 25, Map Records, Nueces County, Texas, said tract of land being more
particularly described by metes and bounds as follows:
Beginning at the most northerly corner of said Lot 2, said point being in the Southwest
right of way line of West Broadway for the most northerly and beginning corner of the
tract herein described;
Thence S. 690 08' 40" E., with the northeast boundary line of said Lot 2, a distance
of 21.37 feet to the most easterly corner of said Lot 2, and for the most easterly
corner of the tract herein described;
Thence S. 290 46' 50" W., with the southeast boundary line of said Lot 2 a distance of
2.62 feet to a point for the most Sautberly corner of the tract herein described;
Thence N. 680 34' W., a distance of 21.35 feet to a point in the northwest boundary line
of said Lot 2, for the most westerly corner of the tract herein described;
Thence N. 300 00''E., with the northwest boundary line of said Lot 2, a distance of 2.40
feet to the point of beginning.
Containing 53.6 square feet of land more or less.
-,':!X,v/A / i °A"
2 - 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 70 .
6. Due to the very negligible amount of Taxes due the City for 1971,and the
greater cost of calculating and collecting the s=c, payment of such taxes remitted, as
part consideration hereunder subject to approval of this contract by the City Council.
7. Buyer has this day/deposited with the Title Insurance Company or
Title Guaranty Company the sum o _ - 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 -
- Form the
with i.Ls usual Und cu: ;tomlx•y procedure.. In the cvcuL Seller; fail to Lcndcr a deed
conveying said property in accordance with the terms of the contract within the time
provided heroin the Buyer may enforce performmicc of %this contract by inaction for
specific perforl;:anc•c thereof.
8. The Buyer agrees to accept title subject to all out:stanuing restrictive
covenants and use restrictions, if any, of record, and all city zoning and regulatory
ordinances, if any, applicable to said property.
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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.
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 mast 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.
13. Buyer of the above described property hereby agree to survey and set the
corner stakes required at all respective corners of the subject property -One stake at
the Northwest corner Lot 1 131k. 1 West IIroadwag 131vd.one (1) stake at the
Northeast corner Lot 2,B1k.11West Broadway B1vd.0ne (1) stake at Southwest
corner Lot 1,D1k.1,on Summers Street,and One (1) stake at the SouthaabtCorner,
Let 2,B1k.1 on summers Street,in sunset Place Addition,of City of Corpus
Chrlstl,Texad. - 3 -
PW 2 - Form 14d
EXECUTED in triplicate, either copy of which shall constitute an
_
original, on this the day of iiri �' � �9�
�C GZ.1 LG� 27,
ATTEST: Clara N. Johnson
City Secretary
APPROVED AS TO LEGAL FORM THIS
_G DAY OF - 6� ,19 -L,
City .�Etoriiey
SELLERS
CITY OF CORPUS CHRISTI, TEXAS
BY:
City Manager
BUYER
0
Form lh -e
THE STATE Or TEXAS
COUN'T'Y OF NUECLS
BEFORE 1•1E, The undersigned authority, on this day personally appeared
R: Marvin Townsend, City M eager of the City of Corpus Christi, Texas, knoim to me
to be the person whose name is subscribed to the foregoing instrument enid 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 ana for Nueces Cott ty, Texas
TIM STATE OF 'TEXAS
-COUNTY OF NUECES
riEFORE mE, The undersigned authority, on this day personally appeared -
Clara N. Johnson , 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.. /K.
1
GIVEN UNDER Iff HAND AND SEAL OF OFFICE, This the ` day of
otary Pu b l'c in and for Nueces Cow ^.ty, exes
THE STATE OF TEXAS
COUNTY OF NUECES
•, BEFORE ME, The undersigned authority, on this day personally appeared
and ,
bis wife, both known to me to be the persons whose r_smes 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
g
Notary,lkib.I.ic in and 1'oc Nueces County, Texas
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
Oed. No f03pCj
June 8, 1971
I certify to the City Council that $ 141.50 , 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 220 Street Bond Fund
Project No. 220 -67 -92.4
Project Name Hillcrest Area N.I.P.
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
s _
/ G 19 7/
FIN 2 -55
Revised 7 -31 -69
CORPUS
® CHRISTI TEXAS n
1G�DAY 0' 19
TO THE MEMBERS OF THE CITY COUNCIL
1 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 INTRODUCED1 OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
r'
C
MAYOR / 1
THE CITY OF COFjPUS�CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH C•L�yC./
THOMAS V. GONZALES /J��✓��w�C�p�J
GABE LOZANO, SR.
a
J.' HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE��
CHARLES A. 13ONNIWELL
U
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH L(JG/rQ�
THOMAS V. GONZALES
GABE LOZANO, SR. flat -_
J. HOWARD STARK /�