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Home My WebLink About10420 ORD - 08/18/1971• VMP:8 /17 /11 • TEXAS: AN ORDINANCE APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $3428, OF WHICH $3315 IS FOR ACQUISITION OF PARCEL N0. 4 ARID $113 IS FOR INCIDENTAL EXPENSES AND RELATED COSTS APPLICABLE TO ,PROJECT NO. 295- 67 -46, CLARKWOOD DITCH HIGHWAY #44 TO OSO CREEK; AUTHORIZING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT WITH THE OWNERS, LOUIE C. CARTER, ET AL; 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 N0. 295 STORM SEWER BOND FUND THE SUM OF $3428, OF WHICH $3315 IS FOR ACQUISITION OF PARCEL N0. 4 AND $113 IS FOR INCIDENTAL EXPENSES AND RELATED COSTS APPLICABLE TO PROJECT N0. 295- 67 -46, CLARKWOOD DITCH HIGHWAY #44 TO OSO CREEK, SAID PARCEL BEING DESCRIBED AS FOLLOWS: BEING A 4.429 ACRE TRACT OF LAND OUT OF STATE SURVEY NO. 402, B.S. & F., CERTIFICATE NO. 1739, AND OUT OF THAT CERTAIN 219.17 ACRE TRACT DESCRIBED IN VOLUME 220, PAGE 8, DEED RECORDS, NUECES COUNTY, TEXAS, SAID 4.429 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE MOST WESTERLY NORTHWEST CORNER OF SAID 219.17 ACRE TRACT, SAID POINT BEING IN THE WEST BOUNDARY LINE OF AN EXISTING 40 FOOT DRAINAGE DITCH FOR THE NORTH- WEST CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 89° 021 E., WITH THE MOST WESTERLY NORTH BOUNDARY LINE OF SAID 219.17 ACRE TRACT ACROSS A 40 FOOT WIDE DRAINAGE DITCH IN ALL A DISTANCE OF 155.01 FEET TO A POINT FOR THE NORTHEAST CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 1° 421 E., WITH A LINE THAT IS 155.00 FEET EAST OF AND PARALLEL TO THE WEST RIGHT OF WAY LINE OF SAID EXISTING DITCH, A DISTANCE OF 1,244.60 FEET TO A POINT IN THE MOST SOUTHERLY BOUNDARY LINE OF SAID 219.17 ACRE TRACT FOR THE SOUTHEAST CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 89° 021 W., WITH THE MOST SOUTHERLY BOUNDARY LINE OF SAID 219.17 ACRE TRACT, A DISTANCE OF 155.01 FEET TO A POINT IN THE WEST RIGHT OF WAY LINE OF SAID DRAINAGE DITCH FOR THE SOUTHWEST CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 1° 421 W.. WITH THE WEST RIGHT OF WAY LINE OF SAID EXISTING DRAINAGE DITCH, A DISTANCE OF 1,244.60 FEET TO THE POINT OF BEGINNING. CONTAINING 4.429 ACRES 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 OF THE AFORESAID PARCEL, KATHRYN OCKER, PATRICIA ANN :1®42® • • (OCKER) MATTHEWS, ELIZABETH KAY (OCKER)CROSSMAN, PAUL OCKER, ROBERT OCKER, A. J. TILL AND LOUIE C. CARTER, COPY OF SAID REAL ESTATE SALES CONTRACT, MARKED EXHIBIT °A", BEING ATTACHED HERETO AND MADE A PART HEREOF. SECTION 3. THE NECESSITY TO APPROPRIATE THE SUMS HEREINABOVE DESCRIBED AND TO ACQUIRE 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 Apyt DAY OF AUGUST, 1971. ATTEST: ` 4 G CITY SECRC T Y APPROVED: DAY OF AUGUST�1971 CIT ATTORN Y 0 0 MAYOR THE CITY OF CORPU C STI, TEXAS all 2 - Form 14 • REAL ESTATE SALES CONTRACT THE STATE Or TEXAS COUNTY Or NUECES This memorandum of agreement made and entered into by and between Kathryn Ocker, Patricia Ann (Ocker) Mathews, Elizabeth Ray (Ocker) Crossman, Paul Ocker, Robert Ocker, A. J. Till and Louie C. Carter 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 4.429 acre tract of land out of State Survey No. 402, B. S. & r., Certificate No. 1739, and 0"t of that Pe fn in 219.17 acTe tract describcd in Volume 2_20, rage u, Deed Records, Nueces County, Texas, said 4.429 acre tract being more particularly deseriberl by mot: and bound- ac fn"c,.!z: Beginning at the most westerly northwest corner of said 219.17 acre tract, said point being in the west boundary line of an existing 40 foot drainage ditch for the north- west corner of the tract herein described; Thence N. 890 02' E., with the most westerly north boundary line of said 219.17 acre tract across a 40 foot wide drainage ditch in all a distance of 155.01 feet to a point for the northeast corner of the tract bprein described; Thence S. 1042' E., With a line that is 155.00 feet east of and parallel to the west right of way line of said existing ditch, a distance of 1,244.60 feet to a point in the most southerly boundary line of said 219.17 acre tract for the Southeast corner of the tract herein described; Thence S., 890 02' W., with the most southerly boundary line of said 219.17 acre tract a distance of 155.01 feet to a point in the west right-of way line of said drainage ditch for.the southwest corner of the tract herein described; Thence N. 10 42' W., with the west right of way line of said existing drainage ditch a distance of 1,244.60 feet to the point of beginning. Containing 4.429 acres of land more of less. The above described tract includes a 40 foot wide drainage easement (1.143 acres) conveyed to the State of. Texas by H. J. Buckholt by instrument recorded in Vol. 2100 Page 449, of the Deed Records of Nueces County. .SAVE AND EXCEPTt All Gas, Oil and other Minerals are to be reserved by Sellers and only the surface of the above 4.429 acres is to be conveyed. All crop rents for the orop year of 1971 are retained by Sellers. -1- ' { Vlu 2. Tier. purrhucc 11•:icc is $3,315.00 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, vhich policy shall wholly insure .uid indemnify the Buyer against any title defects or adverse claims thereto. Said Title Insurruice Policy shall be issued through a reliable 'title Tnsurance 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 prepesed by purchaser, Sellers agree to deliver a good and sufficient General Warranty Deed ilraim 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. All current taxes, insurance, , and interest, if any, are to be prorated between the *Buyer and Sellers for the year 19.71 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 $331.50 Dollars as earnest money hereunder t6 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 14c • 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 c1.n;'action 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. �'Y��'F�k' ►:(�� (�(• 1"!P ♦.p +Is) `ie1�1. {�1') li+,V:�'�>► (�P Iii �!!' ) f S'T'N! +: }'f ��3!•�� t. • �'R��4ziNt�b' V f�Q'� 1'1 � �.�'� � � � � � i'�: 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. 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. 13. The Title Insurance Company or Title Guaranty Company handling the closing of this sale is hereby authorized and instructed by the sellers to make the check $'K Payable to CARTER -OCKER -TILL and deliver said check to Louie C. Carter. - 3 - 2 - Form 14d • EXECUTED in triplicate, either copy of which shall constitute an original, on this the day of 192L. ' aK thryn Ocke ,% Patricia Ann (Ocker) Mathews Eliz ' eth Kay (Ocker Crossman Paul Ocker Robert Ocker - -- ATTEST: City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF �— 1qz/— C Attorney A. J. Till Louie C. Carter SELLERS CITY OF CORPUS CHRISTI, TEXAS BY: City Manager BUYER A ly 011-1 Nurm'-z 0 7. Uic ILI:. d �cs i!,nea .I au�or i %y, a Paul �b Ile n an d I' r C. I 'Zexas, on this d;Ly persou..ily appraccil 7 7, r known to me to be Lhe -,j�losc nome and ack;iDwle�l,,ed t.,) me that he Zo 1,,I(� L executed the f-z);' ul-,c )Urp)z;ez and considcrati,,)n Llieru:j, iven under my hand and seal of office this day of 19; / . Notary Public irrand fotqqueces Co,• Vy, Texas STATE OF TLHAS II TOM HUNT, JR. COUNTY OF NUECES Notary pubiic in and lo.r Nueces Ccurltyo Texas BEFORE M, the undersigned authority, e Notary Public in and for Nueces County, Texas, on this day personally appeared A. J. Till -, known to ma to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he execu the same for the -purposes and consideration therein expressed. Given der my hand and seal of office this day of Not y Public for eces County, Tcxo Lif STATE OF TEXAS ETTA CHJLE MARN Kpiary Public, in and for Nuacas T COUNTY OF NUECES my Commission Expires June 'BEFORE ME, the undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared . Lot:J-e C. Carter , 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.' G5der my hand and seal of office this Iq day of N4. Q. No in and fAl..e. County, Texas STATE OF TEXAS EITA LUCILLE HEAM NOM Public. in and for Nueces Cmxdy, I axtu COUNTY OF NUECES My Commission Expires June 1, 19 BEFORE NE, the undersigned authority, a Notary Public in and for Nueces County, Texas, 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 under my hand and seal of office this day of Notary Public in and for Nueces -County, Texas Or' :nc ltd':i'ORJ': the ucxlcrsigned authoriLy, a PLAary IulAic in and for Itncces Cmir.t.y, Texas, on this day personally appeared iCOJert- Ccker , known to me to be Lhe person: vinose 11-10 z;.u,- .criocl to the foregoing instrument, and acknowled.�;(!d to me that he executed the same for the purposes and consideration therein expressed. Given er my and and seal of office this day of 197L_4ary _ NN Pu olic in and fo Jueces County, Texas STATE OF TEXAS MA LUCID HEARN Notary Public, In and for Nueces Counly, COUNTY OF NUECES My Commission Expires June 1, 19 BEFORE P-T, the undersigned authority, a Notary Public in and Tr Nueces County, Texas, on this day personally appeared °aul Ocicer , 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. ve under my hand and seal of office this —� -- day of 19-1/ Not y Public and for PJu ces County, Texas STATE OF TEXAS ETTA LUCILLE HEARN BHXAR Notary Public, In and for Nueces :OV11flr, COUNTY OF =Z My Commission EX�Irea Juna 1. 19 BEFORE NE, the undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared Elizabeth iy (Oeker) Grossman , 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 —Aa a r. _ day of 19_x: Notary Public in and for fteeev County, Texas P-1-V STATE OF 11a;�JL ARNOLD J. SIVEK, JR. -� Notary Public, Merit County, T. COUNTY OFi n,��%rw cum BEFORE ME, the undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared Pa`ricia `.nn gOcker) Mad:,ws , 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. ven under my hand and seal of office this _ day of _ ... r 19,x(_ Notary Public in and tors County, TOM HUNT, JR. Notary Publte In and for Nueces County, Texas • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) August 11, 1971 • I certify to the City Council that $ 3428 -o0 , 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. ' �924— M)rector nance GLP FIN 2 -55 Revised 7 -31 -69 • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS • CORPUS CHRISTI TEXAS �/ DAY OF ^�% j 19 / / 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 CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY 0 CORD RISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. dikL J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ aue-) REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK