HomeMy WebLinkAbout10539 ORD - 10/27/19711V L> I I :111V1 ,
TEXAS:
AN ORDINANCE
APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM
OF $761- 50, OF 1411ICII $600 IS FOR ACQUISITION OF PARCEL
NO. 5 AND $16L50 IS FOR INCIDENTAL EXPENSES, AND RELATED
COSTS APPLICABLE TO PROJECT NO. 220 -67 -94 STAPLES, BALDWIN
INTERSECTION IMPROVEMENT; AUTHORIZING THE CITY MANAGER TO
EXECUTE REAL ESTATE SALES CONTRACT WITH THE OWNERS, WALTER
E. NOBLES AND WIFE, W. VERNE NOBLES; 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 $761.50, of which $600 is for acquisition of Parcel
No. 5 and $161.50 is for incidental expenses and related costs applicable
to Project No. 220 -67 -94 Staples, Baldwin Intersection Improvement, said
parcel being described as follows:
BEING A RECTANGULAR TRACT OF LAND OUT OF LOT 2, BLOCK 1,
ARCADIA SUBDIVISION AS SHOWN BY MAP OF RECORD IN VOLUME
73 PAGE 10, HAP RECORDS, NUECES COUNTY, TEXAS, SAID TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER -OF SAID LOT 2, SAID
POINT BEING ON THE PRESENT %•.EST RIGHT OF WAY LINE OF
SOUTH STAPLES STREET FOR THE SOUTHEAST AND BEGINNING
CORNER OF THE TRACT HEREIN,DESCRIBED;
THENCE 14. 717 07' 35" W., WITH THE SOUTH BOUNDARY LINE OF
SAID LOT 2, A DISTANCE OF 12.22 FEET TO A POINT FOR THE
-SOUTHWEST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE 114 A NORTHERLY DIRECT I ON.WITH THE ARC OF A CURVE TO
THE RIGHT WHOSE CENTRAL ANGLE IS 2° 49' 45" (PARALLEL TO
A14D 12' FROM THE PRESENT %•;EST RIGHT OF WAY LINE OF SOUTH
STAPLES STREET/ A DISTANCE OF 6:.96 FEET TO A POINT IN THE
NORTH BOUNDARY LINE OF SAID LOT 2, FOR THE NORTHWEST CORNER
OF THIS TRACT;
THENCE S. 718 13',23" E., WITH THE NORTH BOUNDARY LINE: OF
SAID LOT 21 A DISTANCE OF 12.10 FEET _TO A POINT IN THE
WEST RIGHT OF WAY LINE OF SAID SOUTH STAPLES STREET FOR
THE NORTHEAST CORNER OF THE TRACT H£REIN'DESCRIDED ;-
THENCE IN A SOUTHERLY DIRECTION WITH THE ARC OF A CURVE TO
THE LEFT WHOSE CENTRAL ANGLE IS 2` 51' 25" AND WHOSE RADIUS
IS 1303.57 FEET, A DISTANCE of 65.0 FEET TO THE POINT OF
BEGINNING.
CONTAINING 779.8 SQUARE FEET OF LAND MORE OR LESS;
10539
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, Walter E. Nobles and wife,
W. Verne Nobles, 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.2 ��t day of
October, 1971.
ATTEST:
Ci y secre ar MAYOR 11�2c? %1!77� �(
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF OCTOBER, 1971: .
...o tl
C' y Attorney
kw 2 - Poi m 11t '
REAL ESTATE SALES CONTRACT
Parcel No.
THE STATE OIL' TEXAS
COUNTY Or NUECES
This memorandum of agreement made and entered into by and between
Walter E. Nobles and wife, W. Verne Nobles
hereinafter called Sellers, of the County of Nueces i 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 RECTANGULAR TRACT OF LAND OUT OF LOT 21 BLOCK 11
ARCADIA SUBDIVISION AS SHOWN BY MAP OF RECORD IN VOLUME
7, PAGE 10, NAP RECORDS, NUECES COUNTY, TEXAS, SAID TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 21 SAID
POINT BEING ON THE PRESENT •:EST RIGHT OF WAY LINE OF
SOUTH STAPLES STREET FOR THE SOUTHEAST AND BEGINNING
CORNER OF THE TRACT HEREIN.DESCRIBEO;
THENCE N. 710 07' 35" W., WITH THE SOUTH BOUNDARY LINE OF
_ SAID LOT 2, A DISTANCE OF 12.22 FEET TO A POINT FOR THE
-SOUTHWEST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE IN A NORTHERLY DIRECTION WITH THE ARC OF A CURVE TO
THE RIGHT WHOSE CENTRAL ANGLE IS 2° 49' 45" (PARALLEL TO
AND 12' FROM THE PRESENT 1:'EST RIGHT OF WAY LINE OF SOUTH
STAPLES STREET) A DISTANCE OF 64.96 FEET TO A POINT IN THE
NORTH BOUNDARY LINE OF SAID LOT 2, FOR THE NORTHWEST CORNER
OF THIS TRACTS
THENCE S. 710 13' 23" E., WITH THE NORTH BOUNDARY LINE OF
SAID LOT 2, A DISTANCE OF 12.10 FEET.TO A POINT IN THE
WEST RIGHT OF WAY LINE OF SAID SOUTH STAPLES STREET FOR
THE NORTHEAST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE IN A SOUTHERLY DIRECTION WITH THE ARC OF A CURVE TO
• THE LEFT WHOSE CENTRAL ANGLE IS 2° 51' 25" AND WHOSE RADIUS
IS 1303.57 FEET, A DISTANCE OF 65.0 FEET TO THE POINT OF
BEGINNING.
CONTAINING 779.8 SQUARE FEET OF LAND MORE OR LESS;
- 1 -
tYp � • /T I•
2. Tiu: pw,c.b:::;c pi-.ice in $600.00
3. Tho Sellers shall provide at the expense of Buyer, a Title Insurance
Policy, without exceptions to said title boir..C; made in said titla policy, i•:hich
policy wholly incur- amd in ereni_y the Jlayer e�;ainst any titic.defects or
Reverse c ?.:_..., t ?i ^rei.o. Said TiUc Insurance Policy shall. be issued through a
re)J able ^_..?_e Tnnuroncc Ca:ip^ny and shall be dcl iv(:)-ed to the L'uyer on the date
of the cicsinG of' this deal.
4. Upon the securing, of the Title Insurance Policy provided for herein
to be prepared by purchaser, Sellers a"ree to deliver a good and sufficient General
,Warrant'. Daed ilrar•.-n in accordance with the provisions of this contract,, properly
conveying said property to said Buycr, tmd 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, rents, 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 $60.00 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
rail to consum.ate this contract as herein specified for any reason, except title
defects, the Sellers shall, be entitled to receive said cash deposit as liquidated
damaUcs for the breach of this contract, or may at their option, enforce specific
perfor;:i:ance hereof. U:rhen 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 cor.:pany nzll close the deal in accordance
2 _
with its ussual and caoWniary proceduve. In the CV011t Sellers fail to tender a dued
convOyi'll; SaLd PrOPcrtY ill accordance With the Lcr= Of the contrt,'t within the, Limc
provided herein the ),uyer may cliforcc perl'ormw1cp
of this contract by inaction for
specific performance thereof.
The Buyer agrees to accept title subject to all Outstanding restrictive
covenants and use restrictions, if any, of record,.and all city zon.ing, and regulatory
ordinances, if any, applicable to said property.
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i. It is understood
through the Title Insurance Company or Title Gi�aranty Company on or before sixty
•/
11. 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 here -
inabove set out will bind either party.
-3-
2 - Form I)Id
1`.f4:WTED ili t,1-i.jdL•Lt,•j clUjor copy of vdiich shall conoLj L11L, Dui
or.ii'J.11al, on Uic' day of
ATTEST: Walter E. Nobles
0,
W. Verne Nobles
City )CcrL-.;,.ry SELLERS
CITY OF CORYJS CHRISTI, TEXAS
APP"OVED AS TO LEGAL M101 This
r
z LDAY OrX'5e 4 -)19
BY
City I•,
BUYER
TATS, OF '1'1:):,11};
COUIM OF RIJEC:11:1
BEFORE 14111 The luuler ,'::iCncd authority, oil this day personally appeared
R. 1•larvin Towncu:nd, City Ida,laC;cr of tllc: City of Corpus C213'isti., Texas, 1.+,1oinl to u1u
to be the per.-on whose nam;: i.s subscri.bcd to the foreCoing in�.crlunent acid aclaloulu(jCrod
to me that he exccutcd the scunc for the puxposes mid consideration therein expressed,
and in the capacity thore'In stated and as the Act exd Deed of said City.
GIAIEi: U;IMM MY 110D AND SEAL OF OFFICE, This day of
Notary Iiblic in ana 1'or Placccs Co+•a^_ty, Texas
771=6 STATE OF TEXAS
COUNTY OF NUECES
BEFORE 1413, The undcrsigned authority, on this day personally appeared
known to me to be the person whose nine is
subscribed. to the foregoing instrunent, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed.
GIVE =N LTTrR 1•fY iihivi) AiiD SEAL OF OFFICE, This the day of
Notary Public in and for Eueces County, Texas
TIIE STATE OF TEXAS
COUNTY OF 1NECE5
BEFORE 1.1 7, The undersigned authority, on this day persor_a11y appeared
Walter -E. Nobles• and W. Verne Nobles
his wife, both lcnoin to me to be the persons whose names are subscribed to the
foregoing Instrumer_t, and aclL_owledged to me that they each executed the same for
the purposes and consideration therein expressed, and the said
W. Verne Nobles , wife of the said Waiter E. -Nobles
having been exa:si_ed 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
samo for the purposes and consideration therein expressed, and that she did not wish
to retract it. !'
GIM? U1IDrR MY )IAND AND MAT, OF OFFICr, Tile 2Z � day of
1 >tnry, and I'ur III a: 4nnnLy,
CORPUS CHRISTI, TEXAS
c� WA-, DAY OF Le " Q_4._ , 19 L l
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 INTRODUCED1 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 14EETING OF THE
CITY COUNCIL.
RESPECTFULLY,
MAYOR t-WO 7tn�
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY
THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
/A
/
THOMAS V. GONZALES
GABE LOZANO, SR.
L�
• J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY
THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
/fC'
(4 /
THOMAS V. GONZALES
GABE LOZANO, SR.
Q
J. HOWARD STARK
v