HomeMy WebLinkAbout14625 ORD - 11/15/1978TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO CONVEY BY WARRANTY
DEED WITH VENDOR'S LIEN TO EDWARD DAVIS AND WIFE,
JANIE MAE DAVIS, THAT TRACT OR PARCEL DESCRIBED AS
THE 0.615 -ACRE TRACT OUT OF LOT 15, SECTION 19,
FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, IN
THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
FOR A CONSIDERATION OF $2,000, ALL AS MORE FULLY
SET FORTH IN THE WARRANTY DEED AND PROMISSORY NOTE,
A SUBSTANTIAL COPY OF EACH BEING ATTACHED HERETO
AND MADE A PART HEREOF, MARKED EXHIBIT "A" AND
EXHIBIT "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 Edward Davis and wife,
Janie Mae Davis, that tract or parcel described as the 0.615 -acres out
of Lot 15, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, in
the City of Corpus Christi, Nueces County, Texas, for a consideration of
$2,000, said parcel being more particularly described by metes and bounds
as follows:
All of that certain tract or parcel of land out
of Lot 15, Section 19, Flour Bluff and Encinal
Farm-and Garden Tracts, Nueces County, Texas,
according to the map thereof, recorded in Vol. A,
pages 41, 42, 43, Map Records, Nueces County,
Texas, and being more particularly described by
metes and bounds as follows:
Beginning at a point in the southeast boundary
line of Lot 15, for the most easterly corner and
point of beginning of this tract whence the east
or northeast corner of Lot 15, bears North 29°
East 37.50 feet;
Thence South 291 West along said boundary line,
130.10 feet to the most southerly corner of this
tract;
Thence North 60° 54' 30" W., 205.82 feet to the
most westerly corner of this tract;
Thence N. 29° East 130.10 feet to the most
northerly corner of this tract;
Thence parallel with and 37.50 feet southwesterly
of the Northeast boundary line of Lot 15, S. 600
54' 30" E., 205.82 feet to the point of beginning.
Containing 0.615 acres, more or less, MICRO-FILMED.
1462-5)
r nUL 0 81980
i.
with the City of Corpus Christi retaining a 20 -foot permanent utility ease-
ment along the east side of the property and a 20 -foot temporary construction
easement adjacent to said utility easement; said temporary construction
easement to expire six months after completion of the project, all as more
fully set forth in the Warranty Deed and Promissory Note, a substantial
copy of each being attached hereto and marked respectively Exhibits "A"
and "B ", and made a part hereof.
SECTION 2. That the necessity to authorize acquisition of the
aforesaid parcel or tract 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, 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 r.� day of
November, 1978.
ATTEST:
Ci Secretary ' MAYOR T CITY %
ISTI, TEXAS
APPROVED:
15th DAY OF NOVEMBER, 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
By
4
4
THE STATE OF TEXAS
COUNTY OF NUECES
f
WARRANTY DEED WITH VENDOR'S LIEN
KNOW ALL MEN BY THESE PRESENTS:
3
That 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 Ten and
No /100 ($10.00) 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 One Thousand Seven Hundred Fifty and No /100 Dollars ($1,750.00)
payable to the order of Grantor in monthly installments and bearing interest
as therein provided, contining 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 Edward Davis and wife, Janie Mae
Davis, of the County of Nueces State of Texas, all of the following described
real property in Nueces County, Texas, to -wit:
All of that certain tract or parcel of land out
of Lot 15, Section 19, Flour Bluff and Encinal
Farm and Garden Tracts, Nueces County, Texas,
according to the map thereof, recorded in Vol. A,
pages 41, 42, 43, Map Records, Nueces County,
Texas, and being more particularly described by
metes and bounds as follows:
Beginning at a point in the southeast boundary
line of Lot 15, for the most easterly corner and
point of beginning of this tract whence the east
or northeast corner of Lot 15, bears North 29°
East 37.50 feet;
Thence South 29° West along said boundary line,
130.10 feet to the most southerly corner of this
tract;
Thence North 60° 54' 30" W.,205.82 feet to the
most westerly corner of this tract;
Thence N. 29° East 130.10 feet to the most
northerly corner of this tract;
Thence parallel with and 37.50 feet southwesterly
of the Northeast boundary line of Lot 15, S. 60°
54' 30" E., 205.82 feet to the point of beginning.
Containing 0.615 acres, more or less,
�'/yl� „�
with the City of Corpus Christi retaining a 20 -foot permanent utility
easement along the east side of the property and a 20 -foot temporary
construction easement adjacent to said utility easement; said temporary
construction easement to expire six months after completion of the project.
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 Grantees, their 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 Grantees, their heirs and assigns,
against every person whomsoever lawfully claiming 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.
EXECUTED this day of November , 1978.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary By R. Marvin Townsend
APPROVED: City Manager
DAY OF NOVEMBER, 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Director of Finance
-2-
THE STATE OF TEXAS
COUNTY OF NUECES
t
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 officer
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
November, 1978.
Notary Public in and for Nueces
County, Texas
■
PROMISSORY NOTE
$ 1,750.00 Corpus Christi, Texas, November_, 1978
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 One Thousand Seven Hundred Fifty
and no /100 6ollars.($1,750), 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 percent (5 -1/4 %) per annum matured unpaid principal
and interest shall bear interest at the rate of ten percent (10 %) per annum _
from date of maturity until paid.
This note is due and payable as follows, to -wit:
In monthly installments of Forty and 421100
Dollars ($40.42 ) 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 install-
ments is due on or before , and the others regularly,
one upon the 1st 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 here-
with 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:
r
All of that certain tract or parcel of land out
of Lot 15, Section 19, Flour Bluff and Encinal
Farm.and Garden Tracts, Nueces County, Texas,
according to the map thereof, recorded in Vol. A,
pages 41, 42, 43, Map Records, Nueces County,
Texas, and being more particularly described by
metes and bounds as follows:
Beginning at a point in the southeast boundary
line of Lot 15, for the most easterly corner and
point of beginning of this tract whence the east
or northeast corner of Lot 15, bears North 29°
East 37.50 feet;
Thence South 290 West along said boundary line,
130.10 feet to the most southerly corner of this
tract;
GXa,'t8
Thence North 60° 54' 30" W., 205.82 feet to the
most westerly corner of this tract;
Thence N. 29° East 130.10 feet to the most northerly
corner of this tract;
Thence parallel with and 37.50 feet southwesterly of
the Northeast boundary line of Lot 15, S. 60° 54' 30" E.,
205.82 feet to the point of beginning.
Containing 0.615 acres, more or less,
with the City of Corpus Christi retaining a 20 -foot permanent utility
easement along the east side of the property and a 30 -foot temporary
construction easement adjacent to said 20 -foot utility easement; said
temporary construction easement to expire six months after completion
of the project.
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 and promise to pay a reasonable attorney's
fee for collection, which in no event shall be less than ten percent (10 %)
of the principal and interest then owing.
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 con-
cents 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.
Edward Davis
Janie Mae Davis
Corpus Christi, Texas
_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 suspension 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 ordinance
finally on the date it is introduced, or at the present meeting of the City
Council.
Respectfully,
MAYOR
THE CIT—IOF-(RPUS CHRISTI, TEXAS
The Charter Rule was suspended by the following vote:
Gabe Lozano, Sr.
Bob Gulley 0A. QE .2
David Diaz
'Ruth:Gill Q
Joe Holt
Tony Juarez, Jr.
Edward L. Sample �1•rl�,�
The above ordinance was passed by the following vote:
Gabe Lozano, Sr.�
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
1462,)
p,