HomeMy WebLinkAbout05225 ORD - 12/30/1958• IMS:.IKH:12 -30 -58
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE A CONTRACT TO PURCHASE THE SOUTH -
WEST 30 FEET OF THE FIVE ACRE TRACT DESCRIBED
IN DEED DATED JULY I9D4, OF RECORD IN
VOLUME 1540, AT PAGE 3 OF THE DEED RECORDS
OF NUECES COUNTY TEXAS FOR 3, .00 AP-
PROPRIATED BY ORDINANCE NO. 5220, ON DECEMBER
23,.1958; AND DECLARING AN EMERGENCY.
WHEREAS, THE CITY OF CORPUS CHRISTI IS DESIROUS OF OBTAINING
THE FEE SIMPLE TITLE OF THE SOUTHWEST 30 FEET OF THE FIVE ACRE TRACT
DESCRIBED IN DEED DATED JULY 22, 19514, OF RECORD IN VOLUME 648, AT
PAGE 83 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, AND THE OWNERS
ARE AGREEABLE TO THE SALE OF SAID PROPERTY FOR A TOTAL CONSIDERATION
OF $3,000.00.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND
DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,
TEXAS, A CONTRACT TO PURCHASE THE SO'U'THWEST 30 FEET OF THE FIVE ACRE TRACT
DESCRIBED IN DEED DATED JULY 22, 195+, OF RECORD IN VOLUME 648, AT PAGE
83 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, FOR THE SUM OF 3,000.00,
WHICH MONEY HAS ALREADY BEEN APPROPRIATED BY ORDINANCE N0. 5220, ON
DECEMBER 23, 1958.
SECTION 2. THE NECESSITY I.R A-1-11- T111 con or oT r..
WARDLE RIGHT -OF -WAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC
S• +
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 CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY
AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER
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RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS
INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE
AND EFFECT FROM AND AFTER ITS PASSAGES IT IS ACCORDINGLY PASSED AND
APPROVED, THIS THE_�9)_DAY OF DECEMBER, 1958•
a
MAY
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
CITY SECR TA
APPROVED AS TO LEGAL FORM HIS
THE 30TH DAY OF DECEMBER, 1958:
CITY ATTORNEY
M
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REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS Q
4'
COUNTY �OF NUECES Q 1
THIS MEMORANDUM OF AGREEMENT MADE AND ENTERED INTO BY AND
BETWEEN Paul K. Xafforan '
HEREINAFTER CALLED SELLERS, OF THE COUNTY OF , STATE OF TEXAS,*
AND THE CITY OF CORPUS CHRISTI, HEREINAFTER CALLED BUYER, OF THE COUNTY
OF NUECES, STATE OF TEXAS, ,
W I T N E S S E T H_ ,
1, THE SELLERS, FOR THE CONSIDERATION AND UPON THE TERMS
HEREINAFTER SET OUT, HEREBY AGREE TO SELL AND CONVEY UNTO BUYER, AND BUYER
AGREES TO BUY THE FOLLOWING DESCRIBED PROPERTY SITUATED IN NUECES COUNTY, ,
TEXAS, TO— WIT: y�. ,
A tract of lend 30 feet in width Out of that mtdim tract of lend lying and
being situated in Nifteg County, Texas, curd being a part Of a 5 aM tract off
the south sift Of lot 13, Se:etiCIM C of the Paialeyls Subdivision of the Hoffman
Tract as shove by FAV or Plat of record In Va A PmM 28 of the Map Recairds of
Nmees County, Texas. Bolne the southwest 30 feet of the sold 5 acre tract
said 5 acres tract being tt a a= tract of land caaveyed to P4ul "IC, Lefforge
x W Parnot V, men, Uwtee, by deed dated July 22,j 1954# and reeor&d in
Vb. 648 page $3 of the (teed Reeorft' of Needs County, Texas.
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2. THE PURCHASE PRICE /S Al.000.o9
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3., THE SELLERS SNALL PROPIDEo AT THEIR EXPENSE. FOR THE BENE-
FIT OF THE BUYER, A T m c INSURANCE POLICY, WITHOUT EXCEPTIONS TO SAID TITLE
BEING MADE, IN SAID TITLE POLICY, WHICH POLICY SMALL WHOLLV INSURE AND IN-
DgNIIIIFY THE BUYER AGAINST ANY TITLE, SZP=TS OR ADVERSE CLAIMS THERETO. SAID
TITLE I`HBURANCK POLICY SNALL ■E ISSUED THROUSH A 0 6lIABLE TITLE INBURARPjE
COMPANY AND SMALL SE DELIVERED TO THE BUYER ON THE DATE OF THE CLOSING OF
THIS DEAL,
4. UPON THE SECURING OF Tua TITLE INSURANCE POLICY PROVIDED
Pok NEREINo SELLERS AGREE TO DELIVER A GOOD AND SUFFICIENT GENERAL WARRANTY
DEED DRAWN IN ACCORDANCE WITH THE PROVISIONS OF THIS CONTRACT. PRQPERLY CON -
VEYIMB SAID PROPERTY TO SAID BUYERv AND OUTER AGREES THEREUPON TO MAKE T/IE
CASH PAYMENT, '
5. ALL TAXES TO BE MID BY SELL'$RS UP TO ARD I,NCLUDIMG TkE
YEAR, 193 7
6. ALL CURRENT' TAXES, 1•98URAINCE9 RRNTSo AND INTEREST, IF ANY.
ARt,TO` {E PRORATE'{ETWtft THE SUYER•AND SELLERS -FOR THE YEAR 1"(8 T0 DATE
O,F'CLOilllGv EXCEPT AS MAY 'Y6'MERE' /N OTNERWIS6 PROVIDED.
7. BUYER NA*'THIS DAY.DEPOSITEO W�IVH 'THc TITLE INSURANCE q9V-
PAMY OR TITLE GUARANTY COMPANY THE 4U* Or X300.00 DOLLARS „AB
EARNEST NONEY'11EREUNDER TO BE APPLIED ON THE CAH PAYMENT ABOVE SET OUT
WNIN, DEAL 13 CLOSED, AT WHICH TIME THE �B�ApLgANNpCE O�CASH CONSIDERATION SH¢},L
ALSO 49 PAID, / WOULD THE t% the rAOLe 10 CON$UMATE THIS CONTRACT AB NERE.IN
E0E61`0`E0'FOR ANY REABONo EXCEPT TITLE DEFcC$S, TNFtkSELLERS SMALL ■E EN+
1lITLtD TO RECEIVE SAI10•CA50 DFOOSIT AS LIQUIDATED CA 494 FOR THE 0009K
” W THIS CONTRAOT, OR MAY AT THEIR OPTIONoENFORCE SPECI►IC P£14)ioMNCE
HEREOF. Iftw TiIE ExecIrraD b=D•ANO%ANY OTHER Nee ESSAR1r,'ZXCCII'PED- ,a*PERS AMU
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the balance or the cash payment are in possession of the title insurance coPww or
title guaranty c=pany, raid title cow vilt close the deal in accordance with
this contract end 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 my enforce performnce of this contract
by enaction for specific performance thereof.
8. The Buyer agrees to accept title subject to all outstanding re-
strictive covenants and use restrictions, if any, of record, and all city zoning
and regulatory ordinances, if any, applicable to said property.
9 -A, Said consideration mentioned in Paragraph 2 will be held in escrow by
the title company until Seller has platted and subdivided in accordance with City
ordinances, at his expense and in accordance with plans and apecifications approved
by the Public Works Department of the City of Corpus Christi, Texas. The above sub-
division improvements are to be made on that portion of the Sand remaining after
this convayance and owned by him, which was acquired by him from PS=t V. Donigan,
Trustee, by deed dated July 22, 104, and recorded in Vol. 648, Page 83 of the Deed
Records of Nucces County, to which reference is Cade for a more particular descrip-
tion. THE INITIAL PAVING OF WARDLE ROAD, WHICH BAYING WILL
BE OF A-f "TEMPORARY ^'`— NAT•URt -.: AND ^ WHDCH =- WI- L- 0,!6E�k LOCATEDIv ON' +'3 A`= POR =�"
Lion of the right- of-voy conveyed herein, will be made by buyer at buyer's sole ex- ,
pence, but this provision is not intended to affectIewvEw street improvement pro-
ASSESSMENT FOR
grams nor /the cost thereof as might be decided upon by buyer.
10. It is undetatood by all parties hereto that this deal is to be
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closed thxoup$ the title insurance compamr or title guaranty cotrpaay on or before
sixty (60) days from this date. Y
EXEGRIPBD in triplicate, either copy of which shall constitute an orig-
inal., on this the / 7. defy of ` �A /n_�i n� 1958•
{
ATTESTx - <,
City Secretary - a
APPROVED AS TO LEGAL POEM MIS CITY OF CORPUS Cmim, TEXAS
DAY of . 1958:
City Manager
BUYF�t
City Attorney
THE STATE OF TEXAS j
COUNTY OF NUECES
APPEARED
BEF(��}R'E ME ��
/j TH UNf��RS ED AUTHORITY, ON THIS DAY PERSONALLY
KNOWN TO ME Td BE THE PERSON O$�ME IS ARE SUBSCRIBED TO THE FOREGOING
INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PUR-
POSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE %g .AY of
!4 1958.
Ste` ,T =y s
j�j--1'� j..� ��y
NOTARY'•Pt7� A PA'.AffWFOR NUECES COUNTY,
TEXAS
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED - AND , HIS
WIFE, KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FORE-
GOING INSTRUMENT, AND THE SAID ACKNOWLEDGED TO
ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EX-
PRESSED. AND THE SAID , WIFE OF THE SAID
HAVING BEEN EXAMINED BY ME PRIVILY AND APART
FROM HER HUSBAND, AND HAVING THE SAME FULLY EXPLAINED TO HER, SHE, THE SAID
, ACKNOWLEDGED SUCH INSTRUMENT TO BE HER ACT
AND DEED, AND DECLARED THAT SHE HAD WILLINGLY SIGNED THE SAME FOR THE PURPOSES
AND CONSIDERATION THEREIN EXPRESSED, AND THAT SHE DID NOT WISH TO RETRACT IT.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF
1958•
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
19-
MY RAND AND SEAL OF OFFICE, this the ! l d: y�of �- '
x r'
NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS
s
CORPUS CHRISTI, TEXAS
1958
TO THE MEMBERS OF THE 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, THERE-
FORE, 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
W. J. Roberts
B. E. Bigler a '
Manuel P. Maldonado
Charlie J. Aills
fi
` Arthur R: James
' Odell Ingle y (
The above ordinance was passed by the following vote:
Farrell D. Smith
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W. J. Roberts
B. E. Bigler
a '
Manuel P. Maldonado
Charlie J. Aills y
s s
• Arthur R. James .
z
Odell Ingle } s