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HomeMy WebLinkAbout04561 ORD - 06/22/1956IMS :MEM :6 1/22%56 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI A REAL ESTATE SALE CONTRACT FOR THE SALE OF 4o ACRES OF LAND DESCRIBED AS LOT 13, BLOCK G, OF THE PAISLEY SUBDIVISION OF THE HOFFMAN TRACT IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BY AND BETWEEN G.W.B. LONG, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF EMMA G. LONG, DECEASED, AND THE CITY OF CORPUS CHRISTI, SAID PURCHASE TO BE FOR AIRPORT AND OTHER MUNICIPAL PURPOSES, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DIRECTING THE CITY TO DO SUCH OTHER THINGS AS ARE NECESSARY FOR AND ON BEHALF OF THE CITY FOR THE CARRYING OUT OF SAID CONTRACT AND DEPOSIT OF THE EARNEST MONEY PROVIDED IN SAID CONTRACT; APPROPRIATING THE SUM OF $3,750.00, PAYABLE OUT OF AIRPORT BOND IMPROVEMENT FUND NO. 245, 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 15 HEREBY AUTHORIZED AND DIRECTED TO EXECUTE A REAL ESTATE CONTRACT FOR THE SALE OF 40 ACRES OF LAND DESCRIBED AS LOT 13, BLOCK G, OF THE PAISLEY SUB- DIVISION OF THE HOFFMAN TRACT IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BY AND BETWEEN C. W. B. LONG, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF EMMA G. LONG, DECEASED, AND THE CITY OF CORPUS CHRISTI, SAID PURCHASE TO BE FOR AIRPORT AND OTHER MUNICIPAL PURPOSES, A COPY OF WHICH CONTRACT 15 ATTACHED HERETO AND MADE A PART HEREOF, SECTION 2. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT THE FUNDS HEREINAFTER APPRO- PRIATED WITH THE ESCROW AGENT NAMED IN SAID CONTRACT AND CARRY OUT THE OTHER PROVISIONS OF SAID CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI. SECTION 3. THAT THERE IS HEREBY APPROPRIATED THE SUM OF $3,750.00 TO BE DEP05 "ITFD AS EARNEST MONEY WITH SAID EXECUTED SALE CONTRACT, OUT OF AIRPORT BOND IMPROVEMENT FUND NO. 245. SECTION 4. THE NECESSITY FOR IMMEDIATELY EXECUT %ILNG SAID REAL ESTATE SALE CONTRACT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT ' SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE qs6l — CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED THIS 0% f- DAY OF JUNE, 1956. MAYOR THE CITY OF CORPUS CHP.ISTI, TEXAS ATTF,$,T:1 ` CITY SECR TA APPROVED AS TO LEGAL FOR JUNE,, 1956: CITY ATTORNEY LAWYERS TITLE INSURANCE CORPORATION 211 Katz Bldg, Phone 3.2049 REAL ESTATE SALE CONTRACT (PROVIDING FOR TITLE INSURANCE) THE STATE OF TEXAS COUNTY OF NUECES A0N1HiS �A a�F��E Alf aFd1:�Fe rr DN ®,b��iCFA$[6een �'• W. B. LONG, INDIVIDUALLY AND AS hereinafter called Seller (whether one or more), of the County of DALLAS State of Texas, and THE CITY of CORPUS Cit I ST1, TEXAS , hereinafter called Buyer (whether one or more), of the County of NUECES , State of Texas. WITNESSETH: 1. That Seller, for the consideration and upon the terms hereinafter set out, hereby sells and agrees to convey unto Buyer by General Warranty Deed, the following described property situated in NuacEB County, Texas, to -wit: FORTY (40) ACRES OF LAND KNOWN AS LOT THIRTEEN (13), IN BLOCK OR SECr1oN G, OM THE PAISLEY SUBDIVISION OF THE HOFFMAN TRACT IN THE CITY OF CORPUS CHRISTI, NuECEB COUNTY, TExAS, LOCATED JUST EAST OF THE MAIN RUNWAY OF THE CLIFF MAUS AIRPORT. A SURVEY, AT PuRCHASER'S EXPENSE, SHALL BE MADE AND USED IN CONNECTION WITH THE TITLE POLICY SHOWING THE REQUIRED ACREAGE FREE OF ENCROACHMENTS. 2. The purchase price is EIGHTY F©W THOUSAND (484,000.001 — -. _ — — — _ „.— Dollars which the Buyer agrees to pay Se le�`as follows: � which FOUR THOUSAND 1�R,000.00) _ _ _ _ _ _ H THE 70'W WY u VfloH cash to be paid when deed to said land is executed and delivered to Buyer, as hereinafter set out, and tltltINlKOtleR [ItlII0tI0XY1lIlIklUtr LIWX*A=NXKX*ft*XX AS APPEARS ON THE REVERSE SIDE HEREOF. k0X*AXXeO "MX4* (WXILialM*X ALL OBLIGATIONS ON THE PART OF THE SELLER AS ADMINISTRATOR ARE CONTINGENT UPON APPROVAL OF THIS CONTRACT BY THE PROBATE COURT OF DALLAS COUNTY IN THE ADMINISTRATION of THE ESTATE OF EMMA G. LONG. Ih1�A,� MNOCIIK>7OFSdiN[mNE> ELF% Mil dE$ 1[' Q1t111E0titl6lf diKWtdZlt$ djl Hili76Y, X9HiMX dSYIIX�Ii% NFI�BESU6YitINIIIDIAPXI>b>iOyll d6141ETsII�14Slt $dIRK>IOtgf IFII$1QKRIR RII1[IIX X S. Seller agrees to furnish Buyer a policy of title insurance to be issued through the Lawyers Title Insurance Corporation, in the usual and customary form, which policy shall be issued immediately upon the closing of this deal, and filing of Buyer's deed for record. If upon examination of the title by the Lawyers Title Insurance Corporation's attorneys, any objections are 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 Lawyers Title Insurance Corporation's attorneys shall be deemed conclusive of validity of title. 4. Upon approval of said title for title insurance by said Lawyers Title Insurance Corporation's attorneys, seller agrees 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, A1>@ tANCINIR1IkN) a1�NFIMf li79t717q( 7( Rdp7i0i1f0t1tap7�ill(OIRj(1ZpLX 6. ALL CURRENT TAXES, INSURANCE, RENTS, AND INTEREST, IF ANY, ARE TO BE PRORATED TO DATE OF CLOSING. 1 6. All taxes to be paid up to and including 7H£ YEAR 955 7. Buyer has this day deposited with the Lawyers Title Insurance Corporation the sum of THREE THOUSAND, SEVEN WAIDRED FIFTY (64,750.00) 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 spe- cified 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 to accept said earnest money as liquidated damages, then he shall pay therefrom any commission due the real estate agent (if any) making this sale, not to exceed, however, 60 per. cent of such money. When executed deed and any other necessary executed papers and the balance of cash payment are in possession of the Lawyers Title Insurance Corporation said Title Company will close deal in accordance with its usual and customary procedure. S. Buyer agrees to accept title subject to all restrictive covenan and use restrictions, if any, of record, and all city zoning and regulatory ordinances, if any, applicable to said property. Oi ,oD0..00 g, SF .l CCl . A To o• V F1 BERT f.CiX A CONN--Sax imAkR7 Witiilaim -- -plamlX/N[ ------ 1IlAtXK/AIX9 —1111P1�(ImIftKlikslaN AtKK10KODXjpY�Ii [tPR�t*1X�R11Mj(lltirae §*J" Lawyers Title Insurance Corporation is expressly authorized to deduct this commission from proceeds--of sa a an o pay same too agent. 10. Possession of said property sha11 be given— UPON CLOSING 11. It is understood by all parties hereto that this deal is to be closed through the Lawyers Title Insurance Corporation on or before FDRTY..FIVE days from this date. EXECUTED in triplicate, either copy of which shall constitute an original, on this the Q18T day of JUNE A. D., 195 Witness to Seller: Witness to Buyer: 3, j pLA,J11eDCbbJ ArpA826.THE ESLTLALTE AND ,9 Seller RUSSELL L. NCCLURE, CITY DIANAGEP. Buyer The Lawyers Title Insurance Corporation hereby acknowledges receipt of $ (Check) (Cash) for the Earnest Money above mentioned and agree to execute this trust for both parties hereto, but without liability for interest thereon, or for the per- formance or non- performance by any party to said agreement. LAWYERS TITLE INSURANCE CORPORATION Dated 8H 6.13 —T °..• Priatias Co. SELLER IS TO RETAIN A 1/2 INTEREST IN ALL OIL, GAS AND OTHER MINERALS ROYALTY IN AND UNDER THE HCREINSEFORE PROPERTY FOR A PERIOD OF 20 YEARS FROM THE DATE OF CLOSING OF THIS SALE AND FOR AS LONG THEREAFTER AS OIL, GAS OR DTHER MINERALS SHALL BE PRODUCED FROM SAID PROPERTY IN COMMERCIAL QUANTITIES, PLUS AN ADDITIONAL PERIOD OF 120 DAYS. IT IS EXPRESSLY AGREED AND - UNDERSTOOD THAT THE PURCHASER IS TO HAVE THE EXCLUSIVE PRIVILEGE OF USING AND DEVELOPING THE SURFACE OF SAID PREMISES IN ANY MANNER WHICH IT NAY SEE FIT, AND IN ADDITION IS TO HAVE THE EXCLUSIVE PRIVILEGE OF LEASING SAID PREMISES FOR THE PURPOSES OF MINING AND DRILLING FOR OIL, GAS OR OTHER MINERALS, AND RETAINING FOR ITS OWN USE AND BENEFIT ALL BONUSES AND DELAY RENTALS PAID UPON SUCH LEASES, PROVIDED THAT ANY LEASE CONTRACT EXECUTED BY THE PURCHASER SMALL PROVIDE AND RETAIN IN FAVOR OF THE FEE OWNERS OF THE MINERALS A ROYALTY OF NO? LESS THAN 1/87N OF SUCH OIL, GAS AND OTHER MINERALS PRODUCED FRON SAID PREMISES, ONE -HALF OF WHICH ROYALTY SHALL INURE TO THE BENEFIT OF'THE SELLER. IT IS FURTHER UNDERSTOOD AND AGREED THAT THE PURCHASER IN CODIMECTiON WITH SUCH MINERAL LEASES IS TO BE AUTHORIZED AND EMPOWERED TO EXECUTE AND JOIN IN SUCH UNITIZATION AND POOLING AGREEMENTS AS IT MAY BEEN TO BEST INTEREST OF THE FEE OWNERS OF THE MINERALS UNDER SAID PROPERTY. LER BUYER I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACT, AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE IS bN THE TREASURY OF THE.CITY OF CORPUS CHRISTI TO THE CREDIT OF NO. 245 AIRPORT BOND IMPROVEMENT 17UND FROM WHICH IT IS PROPOSED TO BE DRAWN AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. DIRECTOR OF FINANCE 1 CORPUS HRISTI, TEXAS k 1956 TO THE MEMBERS'OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EME= RGENCY 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, 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, MAYOR' THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULL] W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULL[ W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO T5l�