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HomeMy WebLinkAbout10760 ORD - 03/22/19723/20/72:8Jw , r AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT FOR THE ACQUISITION OF PARCEL NO. 15 OF POLICE STATION EXPANSION PROJECT, FROM THE OWNERS WM. F. WALLACE, JR., TRUST, ROBERT P. WALLACE, TRUST AND DOROTHY W. PUTNAM, TRUST; REAPPROPRIATING OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 3327, CODE 501, $1,902.50 APPLICABLE TO PROJECT 102 -3327 -501, POLICE STATION EXPANSION, OF WHICH SUM $1,800 IS FOR LAND REALTY ACQUISITION AND $102.50 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, .1 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 THE ACQUISITION OF PARCEL N0. 15 OF POLICE STATION EXPANSION PROJECT, SAID PARCEL BEING DESCRIBED AS FOLLOWS: SITUATED IN THE COUNTY OF NUECES, STATE OF TEXAS, AND BEING ALL OF LOT THIRTEEN (1 3) AND THE EAST TWENTY —ONE (E. 211) OF LOT FOURTEEN (14), BLOCK 2, HIDALGO ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AS SHOWN BY THE MAP OR PLAT THEREOF OF RECORD IN VOLUME 3, PAGE 47, MAP RECORDS OF NUECES COUNTY, TEXAS, A COPY OF SAID REAL ESTATE SALES CONTRACT, MARKED EXHIBIT °A °, IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED AND REAPPROPRIATED OUT OF THE N0. 102 GENERAL FUND, ACTIVITY 3327, CODE 501, THE SUM OF $1,800 FOR LAND REALTY ACQUISITION AND $102.50 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING COSTS, THE OWNERS BEING WM. F. WALLACE, JR., TRUST, ROBERT P. WALLACE, TRUST AND DOROTHY W. PUTNAM, TRUST. 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 10760 THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS ny 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 10760 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 THEAldDAY OF MARCH, 1972. ATTEST: r CITY SECR T APPROVED: /DAY OF MARCH, 1972: #A¢i• CITY ATTORN Y A o THE CITY OF CORPUS CHRISTI, TEXAS • I''jlw 1;01.111 lIl , ' ' r ` x r'l.` MAL L•'MME SALI S CONTRACT THE STATE OF TIiY.AS COUNT] OF NUIsC17S 'Mis memorandum of agreement made and entered into by and between Trustees for Wm. F. Wallace, Jr., Trust, Robert P. Wallace, Trust Dorothy W. Putnam, Trust 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, , 17 1 T N F. S S E T H -- 1. The Sellers, for the•consideration and upon the terms hereinafter set out, hereby agree to sell and cone unto and y Bu er y , Buyer agrees to buy the following described property situated in Nueces County, Texas, to -wit: Situated in the County of Nueces, State of Texas, and being all of Lot Thirteen- (13) and the•east•Twenty -one feet (E.211) of,Lot Fourteen (14), Block 2,-Hidalgb. Addition to the City of Corpus Christi, Texas, as shown by the map or plat thereof ' 'of record in Volume 3, Page 47, Map Records of Nueces Country, Texas. 2. Tln: I•iu'iari::u ?a ice J:; �l 8b0.00�_._�.� _�, —_.� —_ -- ONE TIiOUSAND EIGHT HUMPED DOLLARS 3• The Sellers shall prcvl.c ?a at the expen c of B.+.yer, a Titic Insurance holi.cl•, ::ithout excent:ions to said title being, made in Said title policy, v-hich policy shall wholly in::u-re an,3 indcr..ni Y.chc Buyer r,ain;a any title defects or adverse cl:inis th ^roto. Said T! tie Insurance Policy shall be issued throe h a reliable Title 1rnu1*nncc Coa:p ^,iiy and sbal.l. be delivered to the Buyer on the date of the closing o!' thi t; deal. 4. Upon the securin._ of the Title Insurance Policy provided for herein to be prepared by purchaser, Sellers a"ree to deliver a good and sufficient General 14arranty Deed ilr_�-,.n in accordance with the provisions of this contract, properly conveyin- 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 71 6. All current taxes, if any, are to be prorated between the Buyer mid Sellers for the year 19. 72 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 stun of $180.Oo ]Dollars as earnest money hereunder to be applied on the cash pay_nent above set out when deal is closed, at which time the balance of cash consideration shall also be paid. Should the Layer fail to consunate 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 perforriance hereof'. I%hcn 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 Guarmtty Company said title cortp:my will close the deal in accordahce' -2- i With it., u;uo..l and cu;aoruu•y procedure. In the event Scll.c.rs fail to tender a deed carvoying suid property in accox•dance with the terms of the contract within the time provided herei.n the 1311yer may aiforcc pez•fO3.Tlwce 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, applicable to said property. 9. >DIXX.a % — — - -- nC 3DDDDDD= } » 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. By,Sellers execution hereof, Sellers ackmowledged 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— I 111 Ix i.1d t�j-ujvv Cully or Le Itl) oll Lho (Iny . .9 ATTEST: city secretvi-y � JAO� Wm. F. Wallace, Trust JU-0 Z-Lz"� Trust Trustee Robert P. Wallace, Trust Trustee Trustee Dorothy Yj, Putnam, Trust .Sr MS CITY 0^ CORMI CIMTSTI, Tlt'.-= APPRUMI) AS TO IJ:M FOMM THIS Y: 4/D—,%Y OF I&IL 19 — -23 'B BUYER CG c )lFPOR1•: 1;1:, 77u: undrr::.iC;ncd cact.)wri6y, oil thi. d;iy•hcr:onal.ly ,dop(-ax•ed J1: )farv.l.0 '1'oun::c.r2, Ci1.y )da!ju;;cr of the City of Co!•lnls Christi., '1'c::aa, ).+.`101111 to !ae to be the pc::•:;on u;!ose n� n :i.� sub: cribcd to the i'ortfg Oil)g a ns, MI c:nt crud ucl,no::1c d cd to Mc: that he exccui.cd the scu:lc for the purpo::cs and cons:iderat:).on therein expresaed'. an(t in the capacity t:hcrc» stated and as the Act mid Deed of sc.id C-ty. GINBEX UIIP::R MY MUD AND SEAL OF Orriu, This, day of Icotesy I'aoai.c in aua for :uecc Cour y, Texas TIM, STATE OF Tl }:GS COUA'ry OF VTUECES D]'sFOFU 1• "L, P urder:dGned authority, on this day personally up pear;�d known to me to be the person whose nine is subscribed. to the forcGoi:lG instrument, a +td acvnovaedged to me that he executed the swne for. the parposes and consideration therein expressed. GIVEN UNDE:i M' IiA.1P JVND SFJ.L OF OFFICE, This the day of Iiotaiy lubaic in and for hueees Cou.ty, Texas VE- STATE OF TEXAS COUNTY OF JIUECE5 •: BEFO1L 1•:E, The undersigned authority, on this day persoxiaLly appeared • and hie trife, bcth luiou:•i to me to be the persons whose names are subscribed to the foregoir_g instruzac"rt, and aclL•towledZed to me that they each executed the same for the purposes and consideration therein expressed, a*_id the said ' wife of the said having been cx.^-1si:!cd by me privily and apart from her husband, acknowledged 'such instrument to be her act and deed,, and declared that she had willingly zigned the same for the putpo.cs and collnideration therein expressed, and that she did not wind to retract it. .GIVER UNDER MY MIND AND SEAL OF OFFICE:, The � day of 3.9 hat•110' IUI,J l a i u mid 'Yc,! Nuecc l:uuul y V_ THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, a Notary Public, on this day personally appeared Dorothy W. Putnam and Robert P. Wallace as trustees of the Dorothy W. Putnam,Trust, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 4th day of February 1972. �) A!2r' Beg -5 _V). Notary Public in an Nueces County, Texas THE STATE OF TEXAS' COUNTY OF NUECES BEFORE ME, a Notary Public, on this day personally appeared Robert P. Wallace as Trustee for the Robert P. Wallace, Trust, 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, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 4th day of February 1972. Notary Public in and for ces County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, a Notary Public, on this day personally appeared W. G. Buzbee as Trustee for the Robert P. Wallace, Trust, 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, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 8th day of February 1972. Notary Public in and ueces County, Texas Y � THE STATE OF TEXAS ) 1 COUNTY OF NUECES } BEFORE ME, a Notary Public, on this day personally appeared William F. Wallace, Jr., as Trustee for the Wm, F. Wallace, Jr., Trust, 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 the�ro 0 drs��j� and in the capacity therein stated. Fo G EPA N �'I ?; Y HAND AND SEAL OF OFFICE, this 14L64!ty of February, 1972, CO Notary Pu in and for Nueces County, 002.0 Texas THE STATE OF TEXAS COUNTY OF TARRANT 1 BEFORE ME, a Notary Public, on this day personally appeared Paul W. Mathews, Jr., as Trustee for the Wm. F. Wallace, Jr,, Trust, known to me to""- be the person whose name is subscribed to the foregoing instrument and ack- nowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,.this day of bh.& 1972, 'Notar.V Public in and for Tarrant County, Mary Garrison Texas i wy , ♦ f� T r CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 14, 1972 I certify to the City Council that $ 1,902.50 , 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 102 General Fund Project No. Activity 3327, Code 501 Project Name Police Station Expansion Land Acquisition from which it is proposed to be drawn, and such money is not appropriated for any other purpose. i5 .11 is [N z 51 Director of Fin a FIN 2 -55 Revised 7/31/69 33.2.7 -401 13AHANC4 -. '1-510�Oaa CORPUS CHRISTI, TEXAS 19 /Z /f ytq 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 CITY COUNCIL. T -RESPE CST FU LY, w OR c 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 THOMAS V. GONZALES GABE LOZANO, SR. ' J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL n , •,� ROBERTO BoSQUEZ, M.D. ow REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, $R. U. HOWARD STARK -S