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HomeMy WebLinkAbout02799 ORD - 06/27/1950llzaln er :gp 6/26/50 (5) _r AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACQUIRE FOR AND ON BM"F OF THE CITY OF CORPUS CHRISTI A 23 ACRE TRACT OF LAND BEING THE NORTH 1/2 OF LOT 12 or 12A, SECTION 14, AND THE EAST 1/2 OF LOT 5 and 3 ACRES OUT OF '1HE SOUTH POR- TION OF LOT 6, SECTION 14, FLOUR BLUFF AND EN- CINAL FARM AND GARDEN TRACTS, UPON THE TERMS SET FORTH IN THAT CERTAIN m AL ESTATE SALES CON- TRACT WHICH IS MADE A PART OF THIS ORDINi�tdCE, FOR PARK AND RECREATIONAL PURPOSES (PICNIC AREA, PUTTING GREEN, EX'_'ENSION OF GOLF COURSE, POSSIBLE USE FOR BOATING FACILITIES, AND OTHER PARK AND REk. CREATIONAL USES) ALL A PART OF THE PERL:ANENT PARK AREA OF JhE CITY OF CORPUS CHRISTI; THE CONSIDERA- TION OF BVENTY THOUSAND ($20,000) DOLLARS, INTEREST AS IT ACCRUES AND OTBER INCIDENTAL COSTS, TO BE PAID ON INSTALLLIEN'T BASIS AND OUT OF ACCUMULATION OF MONEY DONATED BY SUBDIVIDERS IN LIEU OF PARK ,L&kj THEREIS HEREBY APPROPRIATED OUT OF NO. 111 TRUST FUND THE ALtOUNT OF FIVE THOUSAND (4$,000) DOLLARS AS A DOWN PAYMENT OF SAID PURCHASE PRICE UPON RECEIPT OF SAID DEED AUTHORIZING AND DIRECT- ING S,IID CITY MANAGER TO EXECUTE TEE NECESSARY INSTRUMENTS AND TO DO ALL THINGS REQUISITE TO SUCH ACQUISITION AND PURCHASE OF SAID LAND FROM ROBERT POENISCH (WITH FRED QUAILE ACTING AS HIS AGENT); AND DECLARING AN EMERGENCY. BE IT ORDAIN;:i BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. That the City Manager is hereby authorized and directed for and on behalf of the City to acquire a Warranty Deed from Robert Poenisoh covering the fee simple title to that certain tract of land described as follows, to -wit: 23 acres, described as being the North 1/2 of Lot 12 and 12A, Section 14, and the east 1/2 of Lot 5 and 3 acres out of the south portion of Lot 6, Section 1%6 Flour Bluff and Eacinal Farm and Barden Tracts. Same to be described more accurately by field notes to be furnished by Conrad Bluchert said tract being situated in Nueces County, Texas, and being de- sired for park and recreational purposes (picnic area, putting green, extension and addition to the Golf Course, possible future use to provide boating facilities for use of adjacent lake, and other park and recreational uses) all a part of the permanent park and recrea- tional area of the City of Corpus Christi, to be paid for out of ' funds accumulated by donation of subdivision developers in lieu of park area. SECTION II. That the purdhase price of the property 99 f described herein, to be paid on the installment basis in accordance with said above mentioned sales contract, is to be paid out accumu- lation of money donated by subdividers in lieu of park area, that there is hereby appropriated out of No. 111 Trust Fund the amount of Five Thousand ($5,000) Dollars as down payment of said purchase price upon receipt of said deeds the balance to be secured only by a lien on the said land. SECTION III. That the City Manager is hereby authorized and directed to acquire said land and to execute the necessary instruments incident to said acquisition to the parcel of land described above in accordance with the sale contract which is attached hereto and made a part hereof, having been executed by Fred Quaile, Agent, for Robert Poenisch. SECTION IV. The necessity for providing park and recreational facilities as a part of the permanent park improvements and area of the City of Corpus Christi, and the fact that in the annexation of sub- divisions there has been and will be donated money to be used for park purposes in lieu of park area create a public emergency and imperative public necessity requiring the suspension of the Charter rule that no ordinance or mesolution shall be passed finally on the date of its introduction and that such ordinance shall be read at three several meetings of the City Council, and the Mayor, having declared that such emergency and necessity exist, requesting that such Charter rule be suspended and that this ordinance be passed finally on the date it is introduced and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGi,Y SO ORDAINED. PASSED AND APPROVED, This the ,} ] day of Ju e, A. D., 1950. YOR OF THE TT ^' CITY OIL' CORPUS CHRISTI City Secretary APPROVED AS LEGAL FORM; Ci yAtohey Corpus Christi, Texas , 1950 TO THE 1:MERs OF TM- CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the fore- going 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, hereby 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, laYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon �✓ George L. Lmimen The above ordinance was passed by the following vote: Leslie 4a5serman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman ^ REAL ESTATE SALE CONTRACT (PROVIDING FOR TITLE INSURANCE) THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between Robert Poenish hereinafter called Seller (whether one or more), of the County of State of Texas, and City of rOMPUS Christi—, hereinafter called Buyer (whether one or more), of the County of %Leees State of Texas. WITNESSETH: 1. That Seller. for the consideration and upon the terms hereinafter set out. hereby sells and agrees to convey unto Buyer by General Warranty Deed, the following described property situated in "U @Coe County, Texas, to -wit: 23 kcres, doserlbod as b(,Ing lam, North J of Lot 12 or 1211, �,octiellt 14, and the -'at of Lot, 5 aild 3 arms out of the L�c4tit portion ni loot 6, socam 742 Viour Muff and ,S1Sfkica Farm and ardw Trsect. 3alw to be dueorihed more acou� stv4 vlir f cld natr >a to be flinil hod by ' The purchase price is AVP..NTX lb-)U,141) lhn A00 (120,0M,00) Dollars . which the Buyer agrees to pay Seller as follows: ylyia i5ifli�iAwi) rau fit; /14XI _ i 5,04Le.i'Gl� _ Dnuara. cash to be paid when deed to said land is executed and delivered to Buyer. as hereinafter set out, and the balance of said consideration to be evi- denced as follows: (a). Assumption of _ HOMS Lislaiwc payable, an or bafere, at the ratio at •`.'3,C40.UG slslually, ia7.us interest at the rate of 5 %, (b), Execution of notes. the payment of all of which is to be secured by vendors lien retained in said Deed, and a Deed of Trust shall be given as further security, containing the usual covenants and agreements. 3. Seiler agrees to furnish Buyer a policy of title insurance to be issued through the National Abstract and Title Company of Corpus Christi. Texas. in the usual and customary form. which policy shall be issued immediately upon the closing of this deal. and filing of Buyers deed for record. If upon examination of the title by the National Abstract and Title Company's attorneys. any objections ar e raised. the Seller shall have a reasonable length of time to cure said objections. In the event of failure to cure such objections, then the earnest money hereinafter receipted for shall be returned to Buyer and this contract shall be null and void or Buyer may enforce specific performance of this contract. The opinion of the National Abstract and Title Company's attorneys shall be deemed conclusive of validity of title. - 4. Seller agrees upon approval of said title for title insurance by said National Abstract and Title Company's attorneys, to deliver a good and sufficient general warranty deed drawn in accordance with the provisions of this contract. properly conveying said property tq said Buyer, and Buyer agrees thereupon to make the cash payment. and execute the note— and Deed of Trust herein provided for. 5. All taxes to be paid up to and including 1949 _ 6. ALL CURRENT INSURANCE. RENTS. TAXES AND INTEREST, IF ANY, SHALL BE PRORATED TO DATE Of CLOSING. 1. Buyer has this day deposited with the National Abstract and Title Company the sum of � 2hoM=d = . +y/ 00 11�r,Ow.w! Dollars a s 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. Seller shall be entitled to receive said cash deposit as liquidated damages for the breach of this contract, or he may at his option enforce specific performance hereof, Should he elect [a accept said earnest money as liquidated damages, then he shall pay therefrom any com- mission due the real estate agent (if any) making this sale, not to exceed, however. 50 per cent of such money. When executed deed and any ocher nec- essary executed papers and the balance of cash payment are in possession of the National Abstract and Title Company said Title Company will close deal in accordance with its usual and customary procedure. g, _ Frad 4euaile ileatP Co. is the Real Estate agent making this sale and shall be due 5 per cent com. mission on closing, to be paid by Seller. National Abstract and Title Company is expressly authorized to deduct this commisfon from proceeds of sale and to pay same co agent. 9. Buyer agrees to accept title subject to all restrictive covenants and use restrictions. if any, of record, and all city zoning and regulatory ordinances. if any, applicable to said property. 10. Possession of said property shall be given Upon eiosuw 11. It is understood by all parties hereto that this deal is to be closed through the National Abstract and Title Company on or before 10 days from this date. EXECUTED in triplicate, either copy of which shall constitute an original, on this the 221d day of .hK* A. D., 195 9/_ to S(I l Wimess et: The National Abstract U Title Company hereby acknowledges rceipt of $ (Check) (Cash) for the Earnest Money above mentioned by any party s o and agrees execute this trust for both parties hereto, but without liability for interest thereon. or for the performance or non- performance by agreement. Dated NATIONAL ABSTRACT fd TITLE COMPANY �71 By Y , 1� IfoOe•= g 1 certify to the City Council that the za� required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing Ordinance is in the Treasury of the City of Corpus Christi to the credit of Noe L from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Ditector of nance