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HomeMy WebLinkAbout13543 ORD - 12/29/1976EE:vmr:12- 28- 76;lst TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONVEY BY WARRANTY DEED WITH VENDOR'S LIEN TO JOSE CANALES A TRACT OR PARCEL DESCRIBED AS THE WEST 35 FEET OF THE EAST 65 FEET OF LOT 23, BLOCK 1, LAGUNA ACRES ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A CONSIDERATION OF $950, ALL AS MORE FULLY SET FORTH IN THE WARRANTY DEED AND PROMISSORY NOTE, A COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED RESPECTIVELY, EXHIBITS "A" AND "B "; 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 to convey by Warranty Deed with Vendor's Lien to Jose Canales that tract or parcel described as follows: The West 35 feet of the East 65 feet of Lot 23, Block 1, Laguna Acres Addition to the City of Corpus Christi, Nueces County, Texas, also known as 1238 Lolita, I for a consideration of $950, with the purchaser to pay $150 down and the remainder in 48 monthly installments of $18.48 with interest, all as more fully set forth in the Warranty Deed and Promissory Note, a copy of each being attached hereto, marked Exhibits "A" and "B ", respectively, and made a part hereof. SECTION 2. The necessity to authorize conveyance of the aforesaid parcel or tract of land in order to return the same to the tax rolls 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 that such emergency and necessity exist, and having requested that such Charter rule be suspended and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from a d fter its passage, IT IS ACCORDINGLY SO ORDAINED, this LE the ,29 day of 1976, ATTEST: ,eg :Yyoel 4, C Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS OVED DAY OF DECEMBER, 1976 J. BRUCE AYCOCK, C ATTORNEY 83543 MICROFILMEO By tJlN 3 01980 Assistant City Attorpey WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS KN04I ALL hIEN BY THESE PRESENTS: � .COUNTY OF NUECES I, R. Marvin Townsend, the duly appointed City Manager of the City of Corpus Christi, a municipal corporation of the County of Nueces, State of Texas, for and in consideration of the sum of One Hundred Fifty ($150.00) Dollars and other valuable consideration to the undersigned cash in hand paid by the Grantee herein named, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by'Grantee of his one certain promissory note of even date herewith in the principal sum of Eight Hundred and No /100 - - - - - - - - - - - - Dollars ($800.00 ), payable to the order of Grantor in monthly installments and bearing interest as therein provided, containing the usual clauses providing for acceleration of maturity and for attorney's fees, the payment of which note is secured by vendor's lien herein retained, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto Jose Canales , of the County of Nueces, State of Texas, all of the following described real property in Nueces County, Texas, to -wit: The West 35 feet of the East 65 feet of Lot 23, Block 1, Laguna Acres, in the City of Corpus Christi, Nueces County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, his heirs and assigns forever; and I do hereby bind myself, my successors and assigns to warrant and forever defend all and singular the said premises unto the said Grantee, his heirs and assigns, against every person whomsoever lawfully cldiming or to claim the same or any part thereof by, through or under the City of Corpus Christi. But it is expressly agreed that the Vendor's Lien, as well as the superior•title in and to the above described premises, is retained against the above described property, premises and improvements until the above described note and all interest thereon is fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute. It is further expressly agreed that this conveyance is further subject to the restriction that the aforesaid and above described parcel or tract shall be used in conjunction with the abutting property only', It is further expressly agreed that no building shall be permited on this property until such time as a replat of this property with the adjoining property has been filed. EXECUTED THIS the day of December, 1976. ATTEST: CITY OF CORPUS CHRISTI; TEXAS City Secretary APPROVED: DAY OF DECEMBER, 1976: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES By R. Marvin Townsend City Manager BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and office 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 the day of December, 1976. Notary Public in and for Nueces County, Texas PROMISSORY NOTE $ 800.00 Corpus Christi, Texas, For value received, I. we, or either of us, as principals, agree to pay to the order of the City of Corpus Christi, Texas, in the City of Corpus Christi, Nueces County, Texas, the sum of Eight Hundred and No /100 Dollars ($800.00 ), in legal and lawful money of the United States of America, with interest thereon from date hereof until maturity at the rate of five and one - fourth per centum (5 -1/4%) per annum matured unpaid principal and interest shall bear interest at the rate of ten per centum (10%) per annum from date of maturity until paid. This note is due and payable as follows, to -wit: In monthly installments of Eighteen and 48100 Dollars ($18.48) or more each, from each of which installments the accrued interest on the entire unpaid principal shall be first deducted, and the remainder applied to the payment of the principal, the first of which installments is due on or before the 1st day of February , 1977, and the others regularly, one upon the lst day of each succeeding calendar month thereafter until this note, both principal and interest, has been duly paid. Payment hereof is secured by a Vendor's Lien expressly retained in deed of even date, herewith executed by R. Marvin Townsend, City Manager of the City of Corpus Christi, to the maker hereof upon the hereinafter described real property, to -wit: The West 35 feet of the East 65 feet of Lot 23, Block 1, Laguna Acres, to the City of Corpus Christi, Nueces County, Texas. t It is expressly provided that upon default in the punctual payment of this note or any part thereof, principal or interest, as the same shall become due and payable, the entire indebtedness evidenced hereby shall be matured, at the option of the holder. In the event this note, or any part hereof, is collected through probate, bankruptcy or other judicial proceedings by an attorney or is placed in the hands of an attorney for collection after maturity, then the undersigned agree quid promise to pay a reasonable attorney's fee for collection, which in no event shall be less than ten per cent (10 %) of the principal and interest then owing. i Each maker, surety, and endorser of this note expressly waives all notices, demands for payment, presentations for payment, notices of intention to accelerate the maturity, protest and notice of protest, as to this note and as to each, every and all installments hereof, and each consents that the payee or other holder -of this note may at any time, and from time to time, upon request of or by agreement with any of us, extend the date of maturity hereof or change the time or method of payments without notice to any of the other makers, sureties or endorsers, who shall remain bound for the payment hereof. Jose Canales CORPUS CHRISTI TEXAS _2y� DAY OF /�/�.GGI7LGG�/ 1 910 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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 THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES „v RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE i i i