HomeMy WebLinkAbout10679 ORD - 01/26/19721/26/72:e
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL
ESTATE SALES CONTRACT FOR THE ACQUISITION OF A
15.046 -ACRE TRACT OF LAND OUT OF LOTS 16 AND 9,
SECTION 5, RANGE IX, GUGENHEIM AND COHN(FARM
LOTS, AS SHOWN BY MAP OF RECORD IN VOLUME "A ",
PAGE 53, NUECES COUNTY MAP RECORDS, FOR THE
EXPANSION OF GREENWOOD PARK, FROM THE OWNER, JOHN
CRUTCHFIELD; APPROPRIATING $33,600 OUT OF NO. 111
TRUST FUND FOR ACCOUNT NO. 1763 GREENWOOD PARK,
OF WHICH SUM $33,330 IS FOR LAND ACQUISITION AND
$270 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING
COSTS; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager be, and he is hereby
authorized, for and on behalf of the City of Corpus Christi, to
execute a real estate sales contract for a 15.046 -acre tract of
land, for the expansion of Greenwood Park, from John Crutchfield,
said parcel of land being described as follows:
Being a 15.046 -acre triangular tract of land out
of Lots 16 and 9, Section 5, Range IX, Gugenheim and
Cohn Farm Lots, as shown by map of record in Volume
A, Page 53, Map Records, Nueces County, Texas, said
15.046 -acre tract of land being more particularly
described by metes and bounds as follows:
Beginning at the northeast corner of Lot 1, Cliff
Maus Village, as shown by map of record in Volume 34,
page 100, Map Records of Nueces County, Texas, for
the southeast and beginning corner of the tract
herein described;
Thence N. 89° 51' 50" W.,with the north boundary line
of said Lot 1, Cliff Maus Village, a distance of
863.65 feet to a point in the southeast boundary line
of a 100' wide drainage R.O.W. running parallel to
Columbia Parkway for the southwest corner of the
tract herein described;
Thence N. 30° 14' 30" E., with the southeast boundary
line of said drainage R.O.W., a distance of 1754.29
feet to a point in the east boundary line of said Lot 9,
for the most northerly corner of the tract herein
described;
Thence S. 0° 45' W., with the east boundary line of
said Lot 9, and Lot 16, a distance of 1517.76 feet to
the point of beginning;
Containing 15.046 acres of land more or less.
A copy of said real estate sales contract, marked Exhibit "A ",is
attached hereto and made a part hereof.
10679
SECTION 2. There is hereby appropriated $33,600.00
out of No. 111 Trust Fund for Account No. 1763, Greenwood-' Park,
of which sum $33,330 is for land acquisition and $270 is for
incidental expenses related to closing costs.
SECTION 3. The necessity to authorize the execution
of the necessary documents and to authorize the payment of funds
for the acquisition of the aforesaid parcel of land as soon as
possible creates a public emergency and imperative public neces-
sity requiring the suspension of the Charter rule that no ordinance
or resolution shall be passed finally on the date of its intro-
duction and 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 re-
quested 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 e, P 7-4._� day of January, 1972.
ATTEST O jr
O
City Secr to YOR
THE CIT OF O S CHRISTI, TEXAS
APPR vED:
IjAY OF JANUARY, 1972:
f4dca�lCi y Attorney
I - Dorm 14 r
REAL ESTATE SALES C014TRACT
THE STATE Or TEXAS
COUNTY Or HUECES I
This memorandum of agreement made and entered into by and between
John Crutchfield
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 terns 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 15.046 acre triangular.tract of land out of Lot 16 and 9, Section 5
Range IX, Gugenheim and.Cohn's Farm Lots, as shown•by map of record in Volume .
A, page 53, Map Records, Nueces County, Texas, said 15.046 acre tract of land -
being'more particularly described by metes and bounds as follows:
Beginning at the northeast corner of Lot 1; Cliff Maus. Village, as shown
by map of record in Volume 34, page 100, Map Records, Nueces County,-Texas
for the southeast and.beginning corner of the tract herein described'•,
Thence N. 890 51',50" W., with the north boundary-line of said Lot 1, Cliff
Maus Village, a distance of 863.65 feet to a point in the southeast boundary
line of a 100'. wide drainage R.O.W. running,para-Uel to Columbia_Farkway for
the southwe ,st corner:of the tract herein described;
Thence N. 300 14' 30 "E., with the southeast boundary line of said drainage -
R.O.W:, a distance of 1754.29 feet toa point in the east boundary line of
said Lot 9, for the most northerly corner of.the tract herein described;
Thence S. 00 45' W., with the east boundary line of said Lot 9, and Lot 16,
a distance of•1517.76 feet to the point of beginning.
Containing 15.046 acres of land more or less..
1 .
- Vou'nt Ili:: :
2, The purl :h :u :u lul.rc is thirty-three Thousand.Three Hundred_ w
and Thirty Dollars and No loo (33.330.00) _
3. The Sellers shall provide at the expanse of Buyer, a Title Insurance
Policy, :•:ithout exceptions to said title bcir.,, made in said title policy, which
policy shall wholly incur: and indormify. chc Buyer e ;ainst- any title• defects or
adverse el. :inis thereto. Said Title Insurance Policy shall be issued through a
reliable Tile Tn u- •ncc Co puny and shol.l. be delivered to the Buyer on the date
of the cl.osinZ, of this deal.
4. Upon the securing of the Title Insurance Policy provided for herein
to be prepared by purchaser, Sellers agrec to deliver a good and sufficient General
-Warranty Deed iira,.-n 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. 11.11 taxes to be paid by Sellers up to and including the year 19 71
6. Ali current taxes, , if any, are to
be prorated between the Buyer and Sellers for the year 19'72 to date of closing,
excgpt as may be herein otherwise provided.
7. - Buyer has this day deposited with the Title Insurance Company or
Title Guaranty Company the sum of $�,33�.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
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 -
with its usual and customary procedure. In the event Sellers fail to tcndor a deed
conveying said property in accordance with the terms of the contract within the time
provided heroin 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
or if any, applicable to said property.
C, f 44
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. Bye 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.
12. Buyer shall not permit any extraction of oil, gas, or other minerals
from the demised premises other than by directional drilling.
- 3 -
ElxEc1'I'XD ,in U.,ipl•ic•aLc, t'1.LIu'r' Copy of i!Iiich tball 'con:;U Litt c lul
orJ;;.Julul, an Wli:t Lb,: dny o!'
ATTEST: John Crutch:U -
City Sccrczary- SE.LURS
CITY O^ CORMS C;?RISTI, ;r s
AI'P1t0�'iiIl AS %0 11GhI, FOP,1: T11IS
OF BY:
City I•tana cr
BUYL'R
City A cxney
y
Furs 111_e
.1TA'TI: OF Tl' >;AF; ,
COURT); OF ])lll:Cai;
7lRFOlf:.• J•1R, The wider:11C.ned authority, oil this day personally appeared
It. 1;arvin Town.,,(:nd, City )•)anager of the City of Carpus Chri >ti, Texas, )4.iot•rn to me
to be the Pe--Son vliosc nsme is subscri.bc•d to the forcC;oing inatrtnnent and :tchnoulcdged
to me that he executed the smna for the pvxposcs and consideration therein expressed,
and in the capacity therein stated and as the Act and Deed of said City.
GIVE ?t UDDER )•iY MUD AR D SrAL OF OFFICE, This' day of
Notary Public in ana i'or Kaeacs Coa^ty, Texas
T));; STATE OF TF—AS �( -
COMTY OF )')UECES ^
BEFORr l•W, The undersigned authority, on this day personally appeared
.Tnhn Cruchfjel y )mown to me to be the person whose nine is
subscribed. to the foregoing i istru...ent, and acknowledged to me that he executed the
Paine i'or.•the purposes and consideration therein expressed.
GIVEN UPIDER rii )u1i)D A10 SF.P,L Or OFFICE, This the day of
— , 19_7-7/
1/!L fR�g�fc�S —�U.a-_
hoary glic in and ;aeces County, Texas
T)IG STATE OF TEXAS
COUIITY OF IR)ECES
RErOLL PIE, The u_ndersi,-,ned authority, on this day personally appeared
And
his ieLfe, both knrn n 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 cx=ni -ncd 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
atone for the purposcs and consideration therein expressed, and that she slid not wish
to retract it.
GIVFN UNDER MY )IA)ID AND SI:.AL OP OFFICE, Tile day of
Fill T., 111 nma '1'ui 17ui:cca Cu�uil.y, 7'�::mn
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
January 21, 1972
I certify to the City Council that $ 33,620.00 , 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 No. 111 Trust Fund
1763 Greenwood Park
Project No. Account No
Project Name Greenwood Park Ex pansion - Land Acquisition
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
a S`— '19-7-5---
Director o nce!
FIN 2 -55
Revised 7/31/69
CORPUS CHRISTI, TEXAS
691�wl DAY OF Qh.0 , 19 7.Z
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 14EETING OF THE
CITY COUNCIL.
RESP FULL ,
4
MAYOR
THE CITY OF CO S C ISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK