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Home My WebLink About12452 ORD - 01/29/1975AN 'ORDINANCE AUTHORIZING ;THE CITY MANAGER TO EXECUTE REAL ESTATE'SALES CONTRACT AND OTHER DOCUMENTS NECESSARY,TO ACQUIRE PARCELS 299-AND 312 FROM ' ' THE OWNERS,,VIOLET SMITH AND DEVA JANICE SMITH UHLENHAKER AND HUSBAND, F. H. UHLENHAKER, FOR THE CORPUS CHRISTI BEACH PARK SITES, PROJECT NO. 291- 72 -12; APPROPRIATING OUT OF NO. 291 PARK BOND FUND $1,873 TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11781, ' PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 14, 1973, FOR THE ACQUISITION OF PARCEL 299 FOR $5,145.50, OF WHICH AMOUNT $5,000 IS FOR ACQUISITION OF SAID PARCEL AND $145.50 IS FOR INCIDENTAL COSTS RELATED TO CLOSING, AND FOR THE ACQUISITION OF PARCEL 312 FOR $11,177.50, OF WHICH AMOUNT $11,000 IS FOR ACQUISITION AND $177.50 IS FOR INCIDENTAL COSTS RELATED TO CLOSING, ALL APPLICABLE TO PROJECT NO. 291- 72 -12; 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 to execute real estate sales contract and other documents necessary to acquire Parcels 299 and 312 from the owners, Violet Smith and Deva Janice Smith Uhlenhaker and husband, F. H. Uhlenhaker, for the Corpus Christi Beach Park Sites, Project No..291- 72 -12, said parcels being more particularly described as follows: PARCEL 299 Lot 7, Block 384, Brooklyn Addition, an addition to the City of Corpus Christi, Nueces County, Texas, and recorded in Volume A, Page 32, Nueces County Map Records. PARCEL 312 Lot 1, Block 388, Brooklyn Addition to the City of Corpus Christi, Texas, as shown by the map or plat thereof recorded in Volume A, Page 32, Map Records, Nueces County, Texas. a copy of the real estate sales contract being attached hereto and made a part hereof, marked Exhibit "A ": SECTION 2. There is hereby appropriated out bf the No. 291 Park Bond Fund $1,873 to supplement funds , pp previously appropriated by Ordinance No. 11781, passed and approved by the City Council on November 14; 1973, for acquisition of Parcel 299 for $5,145.50, of which amount $5,000 is-.for acquisition 12452 of said parcel and $145.50 is for incidental costs related to closing, and for the acquisition of Parcel 312 for $11,177.50, of which amount of $11,000 is for acquisition of said parcel and $177.50 is the incidental costs related to closing, all applicable to Project No. 291- 72 -12. SECTION 3. The necessity to authorize execution of the necessary instruments and to appropriate sufficient monies in order that the City may take possession of the aforesaid parcels in connection with the Corpus Christi Beach Park Sites Project 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 intro- duction 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 take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the _day of January, 19 75 . ATTEST: CiW-SecrL�tary " APPROV D. _DAY JANUARY, 1975: g&�' City rney MAY o-Tem CITY OF CORPU CHRISTI, TEXAS i �i Form 14 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES PARCEL 299 This memorandum of agreement made and entered into by and between VIOLET SMITH, a feme sole 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 Beyer, and Buyer agrees to buy the falrowfng described property situated in Nueces County, Texas, to -wit: Lot Seven (7), Block Three - Hundred Eighty -Four (384), Brooklyn Addition, an addition to the City of Corpus Christi, Nueces County, Texas, and recorded in Volume A , Page 32 , Nueces County Map Records. - 1 - PW 2 - Form 14a 2. The purchase price is FIVE THOUSAND DOLLARS AND NO CENTS... ($5,000.00) 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 a reliable Title Insurance Company 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. All taxes to be paid by Sellers up to and including the year 19 77G 6. All current taxes, insurance, rents, and interest, if any, are to be prorated between the Bayer and Sellers for the year 15 A� 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 scan of $500.00 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 consuma.te this contract as herein specified fora 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 customaxy 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- PW 2 - Form 14b 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 ordinaaces, 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 on closing and execution of "Warranty Deed" by sellers. lo_ By Sellers execution hereof, Sellers aclmowledge 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. IZ -3- 2 - Form 14d EXECUTED in triplicate, either copy of which shall constitute an original, on this the day of , 19 Violet Smith ATTEST: SELLERS City Secretary CITY OF CORPUS CHRISTI, TEXAS BY: City Manager BUYER APPROVED AS TO LEGAL FORM THIS DAY OF City Attorney EX° ". R5S_ THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, The undersigned authority, on this day personally appeared R. Marvin Townsend, City- Manager of the City of Corpus Christi, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and ac- knowledged 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 PAR' HAND AMID SEAL OF OFFICE, This day of 19 Notary Public in and for Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, The undersigned authority, on this day personally appeared viol,+ Rm;th, a feme sole' , known to me to be the person whose name is sub- scribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. N UIMER MY HANID ?iID SEAL OF OFFICE, This the �`c. day of Notary - Public in and for Nueces CountyJ=Texas THE STATE, OF TEXAS COUNTY OF NUKES s BEFORE ME, The undersigned authority, on this day personally appeared and wife known to me to be the persons whose names are subscribed-to the foregoing instru- ment, and acknowledged to me that they executed the same for the purposes and con- sideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF 0_5'FICE,' This day of 19 Notary Public in and for Nueces County, Texas IW 2 - Form 14 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECFS This memorandum of agreement made and entered into by and between Deva Janice Smith Uhlenhaker - joined herein by her husband F. H. Uhlenhaker 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: Lot one (1), Block three hundred eighty -eight (388), Brooklyn Addition to the City of Corpus Christi, Texas, as shown by the map or plat .thereof recorded in Volume A, Page 32, Map Records, Nueces County, Texas. -1- M PW 2 - Form 1)" 2. The purchase price is Eleven thousand. dollars and no /100--- - - - - -- ($11,000.00). Sellers will retain the house and all the improvements and are to remove same with 90 days after closing. 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 a reliable Title Insurance Company 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. All taxes to be paid by Sellers up to and including the year 19 75+ . 6. All current taxes, insurance, rents, and interest, if any, are to be prorated between the Buyer and Sellers for the year 1975 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 $1,100.00 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 with its usual and custoaaiy 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. -P- PW 2 - Form 14b 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 90 days after 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. a EXECUTED in triplicate, either copy of which shall constitute an original, on this -the day of 19 ALL.. Qom__ Zi�s�,�� DDevvaayJa /nie/Smmithh,,Uhl/eph ke ATTEST: F. H. Uhlenhaker City Secretary APPROVED AS TO LEGAL FORM THIS z . SELLERS Day of �� r , 19 1) CITY OF CORALS CHRISTI City Attorney EXEC. ASST., By City Manager BUYER THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, The undersigned authority, on this day personally appeared R. Marvin Townsend, City Manager of the City of Corpus Christi, Texas, 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 and as the Act and Deed of said City. GIVEN UNDER MY HAND AND SEAS, OF OFFICE, This day of 19 Notary Public in and for 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 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 SEPZ OF OFFICE, this the _ day of 19 Notary Public in and for Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared F. H. Uhlenhaker and wife Deva Janice Smith Uhlenhaker ; known to me to be the persons whose names are subscribed to the foregoing instru- ment, and acknowledged to me that they executed the same for the purposes and con- sideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the `day of 19 �'' Notary 1 r lic in and for Nueces County, T§kas CITY OF CORPUS CHRISTI, TR."dAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) January 22, 1975 I certify to the City Council that $ 1,873.00 , 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 Fund Project No. 291 -72 -12 Project Name Corpus Christi Beach Park Sites from which it is proposed to be drawn, and such money is not appropriated for any other purpose. F ire of F' nce FIN 2 -55 Revised 7/31/69 v Corpus Christi; Texas A'Lday of 195 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, MAYO W If1 C8ITY OF CORPUS CH ISITI, 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 Lehy James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark