HomeMy WebLinkAbout12451 ORD - 01/29/1975vp:1/27/75:lst
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL1ESTATE
SALES CONTRACT TO ACQUIRE A PARCEL OR TRACT OF LAND
FROM MRS. BLANCHE D. MOORE FOR THE CONSTRUCTION OF A
RIGHT TURN LANE AT THE INTERSECTION OF PADRE ISLAND
DRIVE AND EVERHART ROAD, A COPY OF SAID REAL ESTATE
SALES CONTRACT BEING ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT "A "; APPROPRIATING OUT OF THE
220 STREET BOND FUND $11,070, OF WHICH $10,870 IS FOR
LAND ACQUISITION AND $200 IS FOR INCIDENTAL EXPENSES
RELATED TO CLOSING, ALL APPLICABLE TO PROJECT NUMBER
22o- 67- 92.10; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That City Manager be and he is hereby authorized to
execute real estate sales contract with Mrs. Blanche D. Moore for the
acquisition of a parcel or tract of land for the construction of a right
turn lane at the intersection of Padre Island Drive and Everhart Road, the
said parcel or tract being more particularly described as follows:
Being an irregularly shaped tract of land out of the
Northwestern part of Lot 16, Section 3, Flour Bluff
and Encinal Farm and Garden Tracts, Nueces County,
Texas, as shown by map of record in Volume A, Pages
41 -43, Nueces County, Texas, Map Records, and more
particularly described by metes and bounds as follows:
Beginning at the intersection of the Easterly right -of-
way line of Everhart Road and the Southern right -of -way
line of Padre Island Drive (Texas State Highway No. 358),
said intersection being marked by a concrete post set by
the Highway Department as a right -of -way marker, for the
most northerly corner of this tract;
Thence S. 61° 42' 30" E. along the Southern right -of-
way line of Padre Island Drive a distance of 31.95
feet to a point;
Thence in a Southwesterly direction along the arc of a
circular curve to the left whose central angle is 89°
38' 58" and whose radius is 10.0 feet a distance of
15.65 feet to a point;
Thence S. 280 38' 32" W. a distance of 90.90 feet to a
point;
Thence in a Southwesterly direction along the arc of a
circular curve to the right whose central angle is 13°
12' 34" and whose radius is 415.74 feet a distance of
95.85 feet to a point of reverse curve;
Thence in a Southerly direction along the arc of a
circular curve whose central angle is 13° 12' 34" and
whose radius is 415.74 feet a distance of 95.85 feet
to a point in the Eastern right -of -way line of Everhart
Road;
1.2451
Thence N. 280 38' 32" E. along the right -of -way line of
Everhart Road a distance of 290.5 feet to the point of
beginning and containing 4,830.69 square feet, more or
less,
a copy of said real estate sales contract being attached hereto and made a
part hereof, marked Exhibit "A ".
SECTION 2. There is hereby appropriated out of the No. 220
Street Bond Fund $11,070, of which $10,870 is for land acquisition and
$200 is for incidental expenses related to closing, all applicable to
Project No. 220 -67- 92.10.
SECTION 3. The necessity to authorize execution of the real
estate sales contract and to appropriate the sums necessary to acquire
the above described parcel or tract of land for construction of a traffic
facility at the earliest practicable date creates a public emergency and
an imperative public necessity requiring the suspension of the Charter
rule that no ordinance or resolution shall be passed finally on the date
of its introduction but that such ordinance or resolution shall be read
at three several meetings of the City Council, and the Mayor having declared
such emergency and necessity to exist, and having requested the suspension
of the Charter rule and that this ordinance be passed finally on the date
of its introduction and take effect and be in full force and effect from
and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day
of January, 1975.
ATTEST:
Cit cretary MAXOR ejo•TeM
T CITY OF CORPU ISTI, TEXAS
APPROVED:
2' % i� DAY OF JANUARY,, 1975:
�$,f�� City Attorney
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
P4 2 - Form 14
This memorandum of agreement made and entered into by and between
Blanche D. Moore, a widow
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,
WITPTESSETH:
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 an irregularly shaped tract of land out of the Northwestern
part of Lot 16, Section 3, Flour Bluff and Encinal Farm and
Garden Tracts, Nueces County, Texas, as shown by man of record
in Volume A, Pages 41 -43, Nueces County, Texas, Map Records, and
more particularly described by metes and bounds as follows;
.Beginning at the intersection of the Easterly Right -of -Way line
of Everhart Road and the Southern Right -of -Way line of Padre '
Island Drive (Texas State Highway No. 358), said intersection
being marked by a concrete cost set by the Highway Department
as a Right - f -Way marker, for the most Northerly corner of this
tract;
'_-hence S. 610 42' 30" E. along the Southern Right -of -Way line'
of Padre Island Drive a distance of 31.95 feet to a point;
Thence in a Southwesterly direction along the arc of a
circular curve to the left whose central angle is 890
38' 58" and whose radius is 10.0 feet a distance of 15.65 feet
to a point;
• a
Thence S. 28° 38' 32" W. a distance of 90.90 feet to a point;
Thence in a Southwesterly,direction along the arc of a circular
curve to the right whose central angle is 130 12' 34" and whose
radius is 415.74 feet a distance of 95.85 feet to a point of
reverse curve;
Thence in a Southerly direction along the are of a circular
curve whose central angle is 130 12' 34" and whose radius is
415.74 feet a distance of 95.85 feet to a point in the
Eastern Right -of -Way line of Everhart Road;
Thence N. 280 38' 32" E. along the Right -of -Way line of
Everhart Road a distance of 290.5 feet to the point of beginning
and containing 4,830.69 square feet, more or less.
-1- E,)C 1# 1 Q 1 T "A',
PW 2 - Form 14a
2. The purchase price is Ten Thousand.Eight Hundred Seventy
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, which
policy shall wholly insure and indemnify the Buyer against any title defects or
adverse'claims thereto. Said Title Insurance Policy shall be issued through z
First Title Co. Of Corpus Christi, Inc.
3FSb�cxncacE 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 prepared by purchaser, Sellers agree to deliver a good and sufficient
General Warranty Deed drawn 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. A11 taxes to be paid by Sellers up to and including the year 19'74 -
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7. Buyer has this day deposited with the Title Insurance Company or
Title Guaranty Company the sum of one Thousand Eighty 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
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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 -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 en-
force performance of this contract by an action for specific performance thereof.
-2-
F-W 2 - Form 14)
8. The Buyer agrees to accept title subject to all outstanding re-
strictive covenants and use restrictions, if any, of record, and all city zoning
and. regulatory ordinances, if any, applicable to said property.
9. 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. Possession to be given to buyer
upon execution of "Warranty Deed" by sellers.
10. By Sellers execution hereof, Sellers acknowledge that they have
read this agreement and 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 exe-
cution or this agreement shall be null and void and none of the provisions
hereinabove set out will bind either party.
11. 'Notwithstanding anything herein to the contrary, Sellers
shall reserve to Sellers, Sellers'heirs and assigns, all of the oil, '
gas and other minerals in and under said tract. However, Sellers shall
waive the right to use the surface of said tract for the purposes of
exploring for or producing same.
EXECUTED in tripliidate, either copy of 'which: shall constitute an
original, on this the day of January 19 75
ATTEST:
City Secretary
APPROVED AS TO GAL FORM THIS
Day o 19%6
City Attorney
THE STATE OF TEAS
COUNTY OF NUECES
Blanche D. Moore, a widow
SELLERS
CITY OF CORPUS CHRISTI
BY
City Manager
BUYER
BEFORE ME, The undersigned authority, on this day personally appeared
R. Marvin Townsend, City Manager of the City of Corpus Christi, Texas, known
• •a
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 and as the Act and Deed
of said City.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of
Notary Fablic in and for Nueces County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE 2E;, The undersigned authority, on this day personally appeared
Blanche D. Moore a widow , 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.
IVEN UNDER MY MW AND SEAL OF OFFICE, This the day of
' Not blie in and for Nueces Count Texas
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE 24E, The undersigned authority, 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 the day of
, 19
Notary Public in and or Nueces County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, The'undersigned authority, 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 the day of
19
Notary Public in and for Nueces County, Texas
-9-
CITY OF CORPUS CHRISTI, TE W
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
January 22, 1975
I certify to the City Council that $ 11,070.00 , 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 220 Street Bond Fund
Project No. 220 -67 -92.10
Project Name Street Improvements - West Port Area and
Everhart at Padre Island Drive
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
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D,3r ct of F' ce
FIN 2 -55
I/ h Revised 7/31/69
Corpus Christi, Texas
day of , 1925
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.
Respectfully,
MAYOR �Q, e
CITY OF CORPUS CHRI , TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
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