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HomeMy WebLinkAbout20137 RES - 12/29/1987A RESOLUTION AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF 69.12 ACRES IN CONNECTION WITH OSO CREEK DEVELOPMENT, PHASE I; AND APPROPRIATING $522,045. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute the documents necessary for the acquisition of 69.12 acres in connection with the Oso Creek Development, Phase, I, project 551-86-12.1, a substantial copy of which is attached hereto as Exhibit A. SECTION 2. That there is hereby appropriated $522,045 out of the 551 Park Bond Fund. ATTEST: City Secretary APPROVED: ZZMJDAY OF Qzc. , 19 87 HAL GEORGE, CITY ATTORNEY By Assistant City ttorn 205hg014.res THE CITY OF CORPUS CHRISTI, TEXAS 20137 MICROFILMED City of Corpus Christi, Texas Property and Land Acquisition Division REAL ESTATE SALES CONTRACT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § This memorandum of agreement made and entered into by and between VIVIAN A. GWYNN and BONNIE JEAN HARALSON of the County of Nueces, State of Texas and HETTIE LEE OULLIBER of the County of San Patricio, State of Texas and MELBA JOYCE HEHNLEY of the County of Lancaster, State of Pennsylvania, hereinafter called SELLERS and CITY OF CORPUS CHRISTI, hereinafter called BUYER, of the County of Nueces, State of Texas, WITNESSETH: 1. The SELLERS, for the consideration and upon the terms hereinafter set out, hereby agrees to sell and convey unto BUYER, and BUYER agrees to buy the following described property situated in Nueces County, Texas, to -wit: A 69.12 acre tract of land more or less, out of Lots 19, 25, and 26, Section 22 and all of Fractional Section 23, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, such 69.12 acre tract being more fully described by metes and bound in Exhibit "A" which is attached hereto and incorporated herein by reference for all purposes. "Real Estate Sales Contract" Oso Parkway Land Acquisition [ 1987-p] Parcel 1 [Gwynn-Haralson-Oul1iber-Hehnly] r etf IA 2. The consideration for the purchase shall be as follows: (a) BUYER and SELLER agree that the property has a fair market value of One Million Six hundred Four Thousand Dollars and no cents ($ 1,604,000.00). (b) SELLERS agree that they will make a gift or donation to the City of Corpus Christi, Texas of 37.656% percent of the property, which property has an agreed value of Six Hundred Four Thousand Dollars and no cents ($604,000.00); (c) The City of Corpus Christi, Texas shall purchase the remaining 62.344% of the property for the sum of One million Dollars and no cents ($1,000,000.00) cash at 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 transaction. 4. Upon the securing of the title insurance policy provided for herein, SELLERS agree to deliver at the expense of BUYER a good and sufficient 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 1986 if closed in 1987 or 1987 if the transaction is closed in 1988. `Real Estate Sales Contract' Oso Parkway Land Acquisition [1987-pJ Parcel 1 [Gwynn-Haral son-Oul 11 ber-Hehnl y] Rana 9 of 1 f] 6. All current taxes, if any, are to be prorated between the BUYER and the SELLERS for the year 1987 to date of closing if the transaction is closed in 1987 or prorateed between BUYER and SELLERS to date of closing for year 1988 if the transaction closed in 1988. 7. BUYER has this date deposited with the title insurance company or title guaranty company the sum of $25,000.00 as earnest money hereunder to be applied on the cash payment above set out when the transaction is closed, at which time the balance of cash consideration shall also be 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 SELLERS option, enforce specific performance hereof. When the executed deed and any other necessary executed papers and the balance of the cash paymentare in possession of the title insurance company or title guaranty company said title company will close the transaction 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 enforce performance of this contract by an action 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. "Real Estate Sales Contract" Oso Parkway Land Acquisition 11987-0 Parcel 1 [Gwynn-Haralson-Oulliber-Hehnly] Canna of I A 9. It is understood by all parties hereto that this transaction is to be closed through the title insurance company or title guaranty company on or before ninety [901 days from this date. Possession to be given to BUYER upon execution of the "Warranty Deed" by SELLERS. 10. By SELLERS execution hereof, SELLERS acknowledge that SELLERS- have read this agreement and understands 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 sixty [601 days from the date of SELLERS' execution or this agreement shall be null and void and none of the provisions hereinabove set out will bind either party. 11. It is understood that the property described herein is being purchased under the threat of eminent domain proceedings. 12. BUYER agrees to furnish SELLER copies of all pertinent appraisal data for the property in BUYER'S possession at time of closing. 13. SELLER shall reserve all oil, gas and other minerals by whatever method produced or extracted, in and under and that may be produced from the property, provided, however, SELLER shall provide to BUYER good and sufficient releases of the use of the surface to BUYER for any purpose incident to the exploration, development, drilling, producing, transporting, mining, treating, storing or any other purpose incident to the development of the oil, gas and other minerals in, on or under the property. "Real Estate Sales Contract" Oso Parkway Land Acquisition [1907-p1 Parcel 1 [Gwynn-Haralson-Oulliber-Hehnly] EXECUTED in triplicate, either copy of which shall constitute an original. Vivian A. Gwynn Dated this day of , 198_ Bonnie Jean Haralson Dated this day of - , 198_. Nettie Lee Oulliber Dated this day of , 198_ Melba Joyce Hehnly, by her attorney-in-fact, Vivian A. Gwynn Dated this day of , 198_ SELLERS "Real Estate Sales Contract" Oso Parkway Land Acquisition 11987-p] Parcel 1 [Gwynn-Haral son-Oul 1 iber-Hehnl y] Maria of I A THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this the day of , 198_ by Vivian A. Gwynn. Notary Public, State of Texas Notary's name printed: My commission expires: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this the day , 198_ by Bonnie Jean Haralson. Notary Public, State of Texas Notary's name printed: My commission expires: "Real Estate Sales Contract' Oso Parkway Land Acquisition [1987 -pi Parcel 1 [Gwynn-Haralson-Oulliber-Hehniy] Page 6 of 10 THE STATE OF TEXAS COUNTY OF SAN PATRICIO This instrument was acknowledged before me on this the day of , 198_ by Hettie Lee Oulliber. Notary Public, State of Texas Notary's name printed: My commission expires: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this the day of , 198_ by Vivian A. Gwynn as attorney-in- fact for Melba Joyce Hehnly. Notary Public, State of Texas Notary's name printed: My commission expires: "Peal Estate Sales Contract" Oso Parkway Land Acquisition 11987-0 Parcel 1 [Gwynn-Haral son-Oul 1 i ber-Hehnl y1 Page 7 of 10 CITY OF CORPUS CHRISTI, TEXAS BY: Craig A. McDowell City Manager Dated this day of , 198_. ATTEST: ARMANDO CHAPA, CITY SECRETARY City Secretary APPROVED AS TO LEGAL FORM THIS THE DAY OF ,198 HAL GEORGE, CITY ATTORNEY BY: Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this the day of , 198_ by Craig A. McDowell, City Manager for the City of Corpus Christi, Texas, a municipal corporation, on behalf of said municipal corporation. Notary Public, State of Texas Notary's name printed: My commmi ssi on expires: "Real Estate Sales Contract" Oso Parkway Land Acquisition [ 1987-p) Parcel 1 (Gwynn-Haralson-Oulliber-Hehnly) Pant? ii of 10 A 69.12 acre tract of land out of Lots 19, 25 and 26, Section 22 and all of Fractional Section 23, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas: Beginning at a point on the Northwest boundary line of said Lot 26 for the North corner of this tract, from which corner the centerline intersection of County Road No. 13 (Cimarron Boulevard] and Yorktown Boulevard for the North corner of Lot 17, Section 21 of said Flour Bluff and Encinal Farm and Garden Tracts bears North 29 degrees, 02 minutes, 50 seconds East, 7,734.45 feet; said North corner of this tract also being the beginning of a circular curve to the left whose radius point bears North 45 degrees, 07 minutes, 03 seconds East, 360.00 feet and which has a central angle of 63 degrees, 39 minutes, 43 seconds, a radius of 360.00 feet, a tangent distance of 223.48 feet and an arc length of 400.00 feet; Thence, along said curve to left, 400.00 feet for the point of tangency; Thence, North 71 degrees, 27 minutes, 20 seconds East, 628.00 feet for the point of curvature of a circular curve to the right whose radius point bears South 18 degrees, 32 minutes, 40 seconds East 1,1 10.00 feet and which has a central angle of 26 degrees, 35 minutes, 00 seconds, a radius of 1,110.00 feet, a tangent distance of 262.22 feet and an arc length of 515.00 feet; Thence, along said curve to the right, 515.00 feet for the point of tangency; Thence, South 81 degrees, 57 minutes, 40 seconds East, 824.58 feet to a point on the Southeast boundary of said Lot 19 for the East corner of this tract; Thence, South 29 degrees, 02 minutes, 45 seconds West, along the Southeast boundary of said Lots 19 and 25, a distance of 1,159.96 feet to the shoreline of Oso Creek as approved by the General Land Office by letter dated October 14, 1985 for the "Real Estate Sales Contract" Oso Parkway Land Acquisition [1987-p) Parcel 1 [Gwynn-Haral son-Oul 1 i ber-Hehnl y) Pane 9 of 10 South corner of this tract; Thence, along said shoreline, as follows: South 80 degrees, 54 minutes, 20 seconds West, 21.99 feet; North 82 degrees, 35 minutes, 05 seconds West, 101.23 feet; South 89 degrees, 40 minutes, 40 seconds West, 323.61 feet; South 83 degrees, 03 minutes, 10 seconds West 374.46 feet; South 73 degrees, 57 minutes, 45 seconds West, 242.04 feet; South 64 degrees, 36 minutes, 20 seconds West, 94.55 feet; South 57 degrees, 28 minutes, 55 seconds West, 201.93 feet; South 54 degrees, 34 minutes, 50 seconds West, 395.37 feet; South 62 degrees, 48 minutes, 25 seconds West, 164.31 feet; South 62 degrees, 08 minutes, 55 seconds West, 161.39 feet; South 78 degrees, 26 minutes, 20 seconds West, 224.46 feet; South 81 degrees, 32 minutes, 35 seconds West 194.34 feet; North 88 degrees, 46 minutes, 30 seconds West, 203.15 feet and North 79 degrees, 50 minutes, 50 seconds West 114.09 feet for the West corner of this tract; Thence, North 29 degrees, 02 minutes, 50 seconds East, along the centerline of County Road No. 13, same being the Northwest boundary of Section 23 and Lot 26, Section 22, a distance of 1,890.18 feet for the Point of Beginning, save and except that 0.87 acre portion of County Road No. 13 referred to herein. EXHIBIT "A" "Real Estate Sales Contract" Oso Parkway Land Acquisition [ 1987-p) Parcel 1 [Gwynn-Haral son-Oul l i ber-Hehnl y) PAnP in of 10 /roe. . 404 a ell Jz4 • 40. .7 34. 6 At • 40. h'' soh 11 4• x•13• /44 i M;Zmigk EFIMMidalehaal 56 t� • 3i,. J1. ' '"•N,.•.. `• , •••`"'••.w••••"•••.. a4aQ , s -N.."�. ,• ...•' 4 0 w i ' �•'�~--••NRS " •••� :; •�• :! S�3• zo'•�a. 1g• •1S. 443. •4f. °a• Jam• 3Ajf 10 . 106 �6• •1,. oa, 4 i 483:aaii, •'ii •�:•••••� n:�tiq ��•N•••N• N �. s� • ••y••NN•iN4�N•N•�•••.:�N r g 8V SS 8.�•N:NO2 ••N: M M J 0 "Real Estate Sales Contract" S ._o Parkway Land Acquisition [1987-p] *Fel 1 [Gwynn-Haralson-Oulliber-Hehnly] Page 11 of 11 a J ea Z 3 1- cc } 6 OH J.lh+no7 NVp1 'M '-1N1'1 111411 t -b srrn IIwi IV01iVWWb 3MY0 • 3NN3113 .1c GATEWAY' ;N3AV3H 10137NV1.11 1NM I ". IN1'°°145`' u, ' b i INTI JIWA�O j 09V71 NI"" yrls;'NaoNvve UVNVIV9 jf51 �--- l CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) December 22. 1987 I certify to the City Council that $ 1,010,000 , 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 Project No. Project Name 551 Park Bond Fund 551-86-12.1 Oso Creek Parkland Acquisition from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Oso Creek Park (Phase I) [ Gwynn ] $1,000,000 funds for acquisition 10,000 closing costs $1,010,000 5 0 45' 0(o 1/ SI) O o UL. o / e 000.o© c76.--a-X-2 � -�2 FIN 2-55 Revised 7/31/69 00g)4/3.36 if -1 o Finance Corpus Christi, Texas day of 'QC Lnitn L tJ , 198 The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong 99.066.01 20137