HomeMy WebLinkAbout10706 ORD - 02/16/19722/15/72:vmp
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL
ESTATE SALES CONTRACT FOR THE ACQUISITION OF A
PARCEL OF LAND OUT OF LOT 24, H.B.SHEPPARD FARM
LOTS AS SHOWN BY MAP OR PLAT OF RECORD IN VOLUME
"A ", PAGE 51, MAP RECORDS OF NUECES COUNTY FROM
THE OWNERS, NORMA LEE STOCKSETH AND PATSY ANN
BROOKS, SAID ACQUISITION TO BE FOR HUDSON ACRES
PARK SITE; APPROPRIATING OUT OF NO. 291 PARK BOND
FUND THE SUM OF $5,009, OF WHICH AMOUNT $4,875 IS
FOR COST OF ACQUISITION, AND $134 IS FOR INCIDEN-
TAL EXPENSES RELATED TO CLOSING COSTS, ALL IN CON-
NECTION WITH PROJECT NO. 291 -70 -10.2, HUDSON ACRES
PARK (TEX- OSC -79); AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
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 the acquisition of a parcel of land out of Lot 24, H. B.
Sheppard Farm Lots, from the owners, Norma Lee Stockseth and Patsy Ann Brooks
for Hudson Acres Park Site, said parcel of land being described as follows:
Being a 380 foot by 372.55 foot tract of land out of
Lot 24, H. B. Sheppard Farm Lots as platted by map
filed in Vol. "A ", Pg. 51, Map Records of Nueces
County, Texas, and more particularly described by metes
and bounds as follows:
Beginning at a point, being the Southwest corner of Lot
43, Block 1, Subdivision of Hudson Acres as recorded in
Vol. 13, Pg. 44 & 45, Map Records of Nueces County, Texas,
also being the point of intersection of the West boundary
line of said Hudson Acres and the North right -of -way line
of Erne Street;
Thence S. 01 14' W. along the West boundary line of said
Hudson Acres a distance of 380 feet to a point for a corner
of this tract;
Thence N. 890 46' W. a distance of 372.55 feet to a point
for a corner of this tract;
Thence N. 00 14' E. a distance of 380 feet to a point for
a corner of this tract;
Thence S. 89° 46' E. a distance of 372.55 feet to the point
of beginning and containing 3.25 acres of land.
A copy of said real estate sales contract, marked Exhibit "A ", is attached
hereto and made a part hereof.
10706
SECTION 2. There is hereby appropriated $5,009 out of No. 291
Park Bond Fund, of which amount $4,875 is for cost of acquisition, and $134
is for incidental expenses related to closing costs, all in connection with
Project No. 291 -70 -10.2, Hudson Acres Park (Tex- OSC -79).
SECTION 3. The necessity to authorize the execution of the neces-
sary 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 necessity requiring the suspension of the Charter rule
that no ordinance or resolution shall be passed finally on the date of its
introduction 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 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 February,
1972.
ATTEST: / r
Cwt, f 2
City Sec to y YOR 7
THE CITY OF CORPUS CHRISTI, TEXAS
APPR OVED:
16 DAY OF FEBRUARY, 1972:
1
T ttorney
• t � i
rea 2 - Form 14
REAL ESTATE SALES CONTRACT
THE STATE OP TEXAS
COUNTY OF NUECES
This memorandum of agreement made and entered into by and between
Norma Lee Stockseth and Patsy Ann Brooks
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 380 foot by 372.55 foot tract of land out of Lot 24, H. B. Sheppard Farm
Lots as platted by map filed in Vol. "A ", Pg. 51, Map Records of Nueces County,
Texas, and more particularly described by metes and bounds as follows:
Beginning at a point, being the Southwest corner of Lot 43, Block 1, Subdivision
of Hudson Acres as recorded in Vol. 13, pg. 44 & 45, Map Records of Nueces County,
Texas, also being the point of intersection of the West boundary line of said
Hudson Acres and the North right -of -way line of Erne Street;
Thence S. 00 141 W. along the West boundary line of said Hudson Acres a distance
of 380 feet to a point for a corner of this tract;
Thence N. 890 46, W a distance of 372.55 feet to a point for a corner of this
tract;
Thence N. 00 14, E a distance of 380 feet to a point for a cornea of this tract;
Thence S. 890 461 E a distance of 372.55 feet to the point of beginning and
containing 3.25 acres of land.
-1-
GXHfD1T "A
. ?. 'I'hn purch::.:c ln•ic.: is ___.__._�_____�_,.�� _�_.._______._�._.._...._.
FOUR THOUSAND EIGHT HUNDRED SEVENTY FIVE DOLLARS ($4,875.00)
3. The Sellers shall provld•:! at the expense of Buyer, a Title Insurance
Policy, c:ithout exceptions to said title be!PL,, made in .7-a9.d title policy, ti:hich
policy s1:c111 wholly insuro ,-,nd indar�:i y chc Dwyer zvSainsb any title defects or
adverne cl.ci:ec: ti,ereto. Said Title in:urm)ce Pol.i.c,y shall be issued throe h a
reliable Title Insurance Corp : -ny and sho11. be dclivc:rcd to the Buyer on the date
of the cicsin„ of th -.1- deal.
la. 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
l•!arrailty Dz: ed ilraccn in accordance with the provisions of this contract, properly
conveying said property to said Buyer, rind Buyer agrees thereupon to make the cash
payment.
5. All taxes to be paid by Sellers up to and including the year 19 71 .
6. All current taxes, insurance, rents, and interest, if any, are to
be prorated between the Buyer and Sellers for the year 19.72 to date of closing,
except as may be herein otherwise provided.
7. • Buyer has this day deposited rrith the Title Insurance Company or
Title.Guara_nty Company the sum of $487.50 Dollars as earnest money
hereunder to be applied on the cash parment above set out wlien deal is closed, at
vbich 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
perform:uice hereof. 1 %hen 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 Guarmity Company said title co::,.nany 6-111 close the deal in accordahce
2
,_ -r,
applicable with its usual and customary procedure. III the event Sellers fail to tender a deed
conveying said property in accordaricc with the terms of the contract within the time
provided herein the Buyer may- onforce 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
ordinances, if any,
9.
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through the Title Insurance Company or Title G�aranty Comp'a ny on or before sixty
(6o) days from this date.
11. ByaSellers execution hereof, Sellers acknowledged that they have read
this agreement and they acknowledged that they understand that this agreement is riot
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 bere-
inabove set out will bind either party.
-3
.iii 1,vi.l11ica1, t: t:.i.LLt•r cahy of viac11 :Jr•.t11 cnnr,LitttLc an
ar ��
.il;.inaJ., Oil l•Li,: Lh�' dcty Of
Norma Lee Stockseth
G t2
Wayn 0. Stocks th
lz
y
MMST; - ..
City Secretary : SGid�tS
CITY OF CORMS CIMISTI, TEYAS
AIPROVED AS TO LEGAL FOM.' TIIIS
DAY Oi
CiLLy 11tUx1;;cr
UUYL
(:LL•j 1 Lu:nry ,
MMST; - ..
City Secretary : SGid�tS
CITY OF CORMS CIMISTI, TEYAS
AIPROVED AS TO LEGAL FOM.' TIIIS
DAY Oi
CiLLy 11tUx1;;cr
UUYL
(:LL•j 1 Lu:nry ,
liV %' l�u,:m .111 -C , , : ; . .. •
7. A'.r),' OF TEY.All
COUiITY Ol' 1ltIL'Cl ;,
I11dFOla ];I", 5110 u:nlcr.::i(;ned autharit•y, ou this day personally u,q),ared
11: Marvin Townsend, C!' y 1.1 -mager of t•hc Ci.ty of Corpus Christy., To:xas, l,atotm to me
to be the person vIiose i.s subacri.bcd to the foregoing; in:.'Lrwncnt and <<clmoalcd3cd
to Inc that lie e;:ceuteci the s.unc for the purposes and consideration therein expressed,
ILgd in the capacity thercin stated and as the Act and Deed of said City.
GIVEN UM"R I•IY HAI:D AND SEAL 0'? OFFICE, This' day of
Notary Public in and for Vueces CU~.zrty, Texas
TI HC STATE 02 TFNAS
COMITY 0. I:UECES
BEFOPI. Tr, The ur_dersigned authority, on this day personally appeared
, Imo;m to me to'be the person tuhose naaae is
subscribed. to the foregoing instrument, aid ac'nowled ,3ed to me that he executed the
same for the purposes and consideration therein expressed.
GIVEN UINDER I•;Y HAUD AIM SFAL OF Orr ^F ^ICE, This the day of
ly a
Notary I'ol1C in and 1•or Nueces County, Texas
THE STATE OF TEXAS
COUNTY OF IWECES
' BEFORS I•E, The Undersigned authority, on this day personally appeared
Wayne O.'Stockseth and Norma Lee Stockseth
bis life, both known to me to be the persons Whose rames'are subscribed to the
foregoing ;nstrumc_r•t, and aclrnowledged to me that they each executedd the same for
the purposes and consideration therein expressed, and the said
Norma Lee Stockseth wife of the said Wh,Yne 0..Stockseth
having been exa 2i_::ed by me privily and apart from her husband, acknowledged such
instrument to be her act and deed, and declared that she had willingly ::iEned the
stun for the purpo--cs and consideration therein expressed, and that she did not wish
to retract it. '
011l:tt UNDER I•tY )14r1n AND SEAL OF OFFICE , T}te_ day of
• ltal.nry,lul,.11r. Ja lout l'ur• 11LLUeC: C,uutl.y, 7vsna
SYBIL S COCK
J ATJ, OF TENA!l k
COUINTY. U." N111,CE:;
)JEFORE 14I,, JJtc wulcn ::igncd authority, 011 this clay personally appeared
J2: J•,arvin J'otm::cncl, City 1•;ana;cr of the City of Corpua Chri>ti, `!'cxas, latotnn to 11ju
to be the pe son whose n :nc J.s sub::cribcd to the foregoing, in.trumcant at1c1 aekno:acd;;cd -
to 7ne that he executed the crone for the purposes and consideration therein expresscd,
and in the capacity therein stated raid as the Act .^.mod Deed of said City.
GVEl MUM I;Y IiAND AND SEAL OF OFFICE, Th day of
notary luoli.c in anct 1'or vueces County, Texas
TJI^n STATE OF TXAS
COLMTY OF NUECES 1
MORE 1.1, The undersigned authority, on this day personally appeased .
kno•al to me to'be the person trhose nine is
'subscribed• to the foregoing i tstrtrnent, and acknowledged to me that he executed the
sane for. the purposes and consideration therein expressed.
GINIEW UTmER TiY IiAiTD AidD SEAL OF OFFICE, This the day of
i,otary Public in and for Ivaeces Cou.t:y, Texas
TJJE STATE OF TEXAS
COUNTY OF JiUECES
BEFORE ME) The undersigned authority, on this day personally appeared
Garnett T. Brooks* and patsy Ann Brooks
his wife, both _•cnown to me to be the persons whose r_ames'are subscribed to the
foregoing instrument, and ack.ouledZ;ed to me that they each execu.ed the same for
the purposes and consideration therein c =ressed, and the said
Patsy Ann Brooks wife of the said Garnett T. Brooks
having been exaMLied by me priviJv and apart from her husband, acknowledged such
.instrument to be her act and deed, and declared that she had willingly :signed the
sane for the purposes and consideration therein cx-lu•cssed, and that she did not Wish
to retract it. '
GIl'F11 UNWR MY 1tAUD AND SEAL OF OFFICE, The day or
)�at.nr;y 111 ..I° �: .In and I'ur 1l1t:rc :: c :ultnl;v, 'j'�.,�Iln
' •SYBIL T. COCK
0-J, 4 . 1070 b
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
x�
t February 14, 1972
I certify to the City Council that $ 5,009.00 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 291 Park Bond
Project No. 291 -70 -10.2
Project Name Hudson Acres Park
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
�9
Director,Wnce-
FIN 2 -55
Revised 7/31/69
s
CORPUS CHRISTI, TEXAS
u _DAY OF
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 MEETING OF THE
s CITY COUNCIL.
-RESPECTFULLY,
P�
AYOR TGiyt
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE' /FOLLOWWJIN�G V�OTE:.f-
RONNIE SIZEMORE u
CHARLES A. BONNIWELL / '
ROBERTO BOSQUEZ, M.D. A—
REV. HAROLD T. BRANCH ✓
THOMAS V. GONZALES v,
GABE LOZANO, SR. /
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO//W��I /// ///]G VOTE:
BONNIE SIZEMORE
,� c� CHARLES A. BONNIWELL
j ROBERTO BDSQUEZ, M.D.
:} REV. HAROLD T. BRANCH
THOMAS V. GONZALES
• GABE LOZANO, SR. ✓
J. HOWARD STARK /