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HomeMy WebLinkAbout05535 ORD - 10/21/1959JAl ^1pJKH :10-20 -59 1 . 11 0 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECU1 pR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH EARL C. DUNN ET UX FOR THE PURCHASE OF CRES F LAND AND THE M- PROVEMENTS THEREON FOR HE SUM OF LAND IS NEEDED IN CONNECTION WITH THE WHICH BRIDGE REMOVAL PROJECT A COPY OF WHICH CONTRACTCISE TTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF ^9, 42.00 FROM THE BRIDGE REMOy L AND LOCATION BOND FUND NO. 230; AND DECLARING AN EMERGENCY. 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 A CONTRACT WITH EARL C. DUNN, ET UX� PROVIDING FOR THE PURCHASE OF 0.75 ACRES OF LAND AND THE IMPROVEMENTS THEREON, SAID LAND BEING MORE PARTI- CULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF UPRIVER ROAD WHICH IS THE SOUTHEAST CORNER OF THE S.A -U.&, G.R.R. 2.906 -ACRE TRACT AND THE SOUTHWEST CORNER OF THE EARL C. DUNN 1 -172 ACRE TRACT WHICH IS THE POINT OF BEGINNING OF THIS SURVEY. THENCE N 11 °- 401 -10" E A DISTANCE OF 11.0 FEET TO A POINT OF CURVATURE OF A RIGHT CURVE. THENCE ALONG A RIGHT CURVE HAVING A RADIUS OF 249,24 FEET A DISTANCE OF 122.59 FEET TO THE END OF SAID CURVE. THENCE N 39 ° -51' E A DISTANCE OF 208.35 FEET TO A POINT WHICH IS THE NORTHWEST CORNER OF THIS SURVEY. THENCE S 78 °- 191 -50n E A DISTANCE OF 27.3 FEET TO A POINT WHICH IS THE SOUTHEAST CORNER OF THE S.A.U.$c G.R.R. 2.906 ACRE TRACT AND THE NORTHEAST CORNER OF THIS SURVEY. THENCE S 80-441-450 E A DISTANCE OF 75.09 FEET TO A POINT. THENCE S 25°- 381 -30" W A DISTANCE OF 249.40 FEET TO A POINT IN THE NORTH 4INE OF UPRIVER ROAD WHICH IS THE SOUTHEAST CORNER OF THIS SURVEY. THENCE N 78 °- 191 -5o" W ALONG THE NORTH LINE OF UPRIVER ROAD A DISTANCE OF 121.2 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.754 ACRES OF LANDS MORE OR LESS, FOR THE SUM OF $9,342.00, WHICH LAND IS NEEDED FOR THE CONSTRUCTION OF THE PROPOSED SAVAGE LANE LINE IN CONNECTION WITH THE BASCULE BRIDGE REMOVAL PROJECT, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. 5535 • SECTION 2. THERE IS HEREBY APPROPRIATED THE SUM OF $9,342.00 FROM THE BRIDGE REMOVAL AND RELOCATION BOND FUND NO. 230 FOR THE PAYMENT UNDER THIS CONTRACT. SECTION 3. THE FACT THAT THE NECESSITY EXISTS FOR THE PURCHASE OF 0.754 ACRES OF LAND FOR THE PROPOSED SAVAGE LANE LINE AS PART OF THE BASCULE BRIDGE REMOVAL PROJECT CREATES A PUBLIC EMERGENCY AND AN IMPERA- TIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXISTS HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE st ! DAY oF� 1959, ATTEST: YOR THE CITY OF 0 S CHRIS TEXAS CITY SECR T RY 7 APPROVED AS TO EGAL FORM THIS DAY OF a 1959: a, Ty ATTORNEY ILES Com" PC SrATr. or Tws cowmv or Nmem This ffU404"W414 -W' AQAl;rLVpjV HAVC AND EN"flCO #UTO'Cl AVO 041=6 C"L C. WuN Apo WIFE, of, THC covuTy or ;wgcts" STATE or tcusp Afm The CITY Cr CORA42 "CRIONAPTUt CALICO YERy or T*el Ccz"svy Or t"c9s, STATC "Or TGXA3, I. rut SELtcits'. (" Llro or COND01"Alion, "to F44 Tate CSi�a:aOiAAn T'O" AND 4*= Tml; TEWS HC0VUrT&* SET OUT, "CREST AORIC Vo s"t, A.,jo CoNyry wro enst, *up kiUwA Aaam T{ 401A Timi: To Tan i^ TRACT 02 PA4"6 " LAN-0, *40 AMY 4-1- G#TUA 4,441Y, ?LOS, AIND 00113 MORE PA9TfcutAALV VU*C0tjj)X0 AS FOLLOW$# TO-WATS DWIN"Ma-AT a patter IN T"t WWII ton or Up RIVER ROAD tollew IS VZ ZOJTRCAST CORNT" Vic 3,AvU. AI cI- C VRACT "D Tits SQJTRK$v COMA Of Tor Ew WW PA AC94 IraACT VWjCjj 16 Tig pQ,hF or r TWO s,,aVztv. - T14"er t4 '"_40"O" E A VIOTANtt or 10 A Or CURTATURt Q, A asi:14T CUqVgo AL0.2i A fjfQjjt CUM tMV 1144 A A+MiUS A OISTAUCC or 122.59 rag, To THC C1,0 or, POIN ttmlicl; 14 39*-51' E A DtST4vjct Or MD.35 rto ;a T WHICH as VIE NORTAWS'T CollnEs OF THIS a.YRVCVO iNdNGt 3 bimuce or 2.3 FEET To A Point 6ujC% jo Tat SOUTtMAST eQRKCR or THE ,JS.A.U. G-Fl-R- 2-906 AGA9 TMCV AIM Tate *D*TW CoRllr nlis SU4vI;v. E A actutice or polar* CUT TO A A P 25*-38,*-3Qv w A otarmcc or 249.40 FEET O-INT IN Teat tionlij LjkC or Up p 4,Vg* ROAD %dj4Cfj IS To SWJliftAAT AON"tR or THIS WET. TNI: R A ROAU A QjS19* 12"Ent T"C_PC*"rWjA2t1*4 THE NORTH LINE Or Up .2 FCCT 10 Tot "#14f or atel"miscIp Also co"TAININO 0.754 ACRES OF LAO, MORE on 4m. 1 I 2• THE CONSIDERATION TO SELLERS, FOR CONVEYANCE OF FEE SIMPLE TITLE, EXCLUSIVE OF MINERALS, TO THE AOOVC DESCRIBED LOT, TRACT OR PARCEL OF LAND, AND IMP2OVEr4Cf4TS THEREON, IS $9,34axo. 3. THE SELLERS SHALL PROVIDE, FOR THE OCNEFIT OF THE BUYER, A TITLE INSURANCE POLICY, WITHOUT EXCEPTIONS TO SAID TITLE BEING MADE IN SAID TITLE POLICY, EXCEPT STANDARD CXCEPTION9 FQR Id.ICCES COUNTY AND ANY OTHER EXCEPT}0N9 SET OUT IN THIS INSTRUMCNT, WHICH POLICY SHALL VHOLLY INSURE AND INDEMNIFY TILE BUYER AGAINST ANY TITLE DEFECTS OR AOVERSC CLAIMS THERETO. SAID TITLE INSURANCE POLICY SHALL Be ISSUED THROUGH A RELIABLE TITLE INSURANCE COMPANY AND SHALL DE DELIVERED TO THE BUYER ON THE DATE OF THE CLOSING OF THIS DEAL. BUYER AGREES TD PAy FOR THE COST OF THE SAID TITLE INSURANCE POLICY AND ALL OTHER NORMAL AND REGULAR TITLE EXPENSES, EXCEPT AS MAy BE OTHERWISE HEREIN SET OUT. 4* UPON THE SECURING OF THE TITLE INSURANCE POLICY PROVIDED FOR HEREIN, SELLERS AGREE TD OCLIVER A 0000 AND SUFFICIENT GENERAL I ' WARRANTY DCED TO THE DESCRIDED LOT, TRACT OR PARCEL IN ACCORDANCE WITH THE PROVISIONS OF THIS CONTRACT, PROPERLY CONVEYIfIG SAID LOT, TRACT OR PARCEL TO BUYCR, AND BUYER AGREES THEREUPON TO MARE THE CASH PAYMENT. 5. ALL TAXES ARE TO BE PAID BY SELLERS UP TO AND INCLUDING THE YEAR 7956. 7959 TAXCB WILL BE ASSUMED OV SELLER, AND SELLER WILL PAY ALL 1959 TAXES ON THE LOT, TRACT OR PARCEL, OUT BUYER AGREES TO PAT TO SELLER}, AT CLOSING, AN AMOUNT EQUAL TO A PRORATION OF THE TIME BUYER WILL BE IN POSSESSION III 79,099. POSSESSION FOR THIS PURPOSE WILL BE AS OF THE DATE OF CLOSING OF THIS DEAL. G. BUYER HAS THIS DAY DEPOSITED WITH THE TITLE INSURANCE COMPANY OR TITLE GUARANTY COMPANY THE SUM OF 4931 +.00 AS CARN €ST MONEY HEREUNDER TO DC APPLIED ON THE CASH PAYMENT OF 59,342.OLa WHEN rHla oeaL 13 CLOSED, AT WHICH TIME TUC BALANCE OF THE SAID CASH CONSIDERATION OF $9,3•I'2.Oo SHALL ALSO BE PAID. SHOULD THE BUYER FAIL TO CONSUMATE TH19 CONTRACT AS HEREIN SPECIFIED FOR ANY REASON, EXCEPT TITLE DEFECTS, THE SELLER/ SHALL BE ENTITLED TO RECEIVE THE CASH DEPOSIT AS LIQUIDATED -2- DAMAGES FOPt,THt BREACH OF THIS CONTRACT, OR MAY AT THEIR OPTION, ENFORCE k SPECIFIC PERFORMANCE HEREOF. WHEN THE EXECUTED DEED AND ANY OTHER NECCS$AP.Y EXECUTED PAPCRS AND THE BALANCE OF THE CASE} PAYMENT ARE in POSSESSION OF THE 'TITLE INSURANCE COMPANY OR TITLE .UIOANTV COMPANY SAID TITLE COMPANY WILL CLOSC THE DCAL IN ACCORDAPCE WITH ITS USUAL AND CUSTOMARY PROCEDURE, IH To-tE EVENT SELLERS FAIL TO TENDER THE INSTRUMENTS IN ACCORDANCE WITH THE TERMS of THE CONTRACT WITHIN THE TIME PROVIDED HEREIN THE BUYER "AV ENFORCE PERFORMANCE OF THIS CONTRACT 8Y AN ACTfONFOR SPECIFIC PERFORMANCE THEREOF. . THE BUYER AGREES TO ACCEPT TITLE SUOJCCT TO ALL OUT- STANDING RESTRICTIVE COVENANTS AND USE RESTRICTION$, IF ANY, OF RECORD, AND ALL CITY ZONING AND RCOULATORY ORDINANCES,/ IF ANY, APPLICABLE TO SAID PROPERTY, AND ALL RECORDED OIL AMD OAS LEASCS, LEASES, PIPELINE EASEMENTS on RIGHTS OF WAY. LIEN$ OF ANY NATURE, DEED$ OF TRUST, OR 14ORTOAOE3 ARE HEREIN AORECD TO SE DEFECTS OF TITLE 14AKING THE SAID PARCEL "MERCHANTABLE, BUT SELLERS AGREE TO EXTINGUISH SAME DY PAYMEtdT ON OR OEFORE SIXTY (6o) DAYS FR014 EXECUTION OF THIS CONTRACT 13Y BUYER. IT IS AGREED AND UNDERSTOOD THAT THE MINERAL 'ESTATE IS TO DE EXCEPTED FROM THE COPIVEYANCE,SUT IT 18 AGREED FURTHER, AND THE DEED SHALL SO PROVIDE, THAT SELLERS WAIVE ANY RIGHT TO DRILL OR EXPLORE FOR FUNERALS IN THE PARCEL DESCRIBED IN PARAGRAPH 1. :3• IT IS UNDCRSTOOD OY ALL PARTIES HERETO THAT THIS DEAL is TO Be CLOSED THROUGH THC TITLE INSURANCE COMPANY OR TITLE GUARANTY COMPANY ON or BEFORE SIXTY (60) DAYS FROM DATE OF EXECUTION of THIS CONTRACT eY BUYER. 101 IT IS AGREED BETWEEN ,BUYER AfID ,SELLER THAT THIS CONTRACT IS PERFORMABLE IN NUECES COUNTY, TEXAS. CCELI IN TRIPLICATE, EITHER COPY OF WHICH SHALL CONSTITUTE _3_ I f 10 -20 -59 2 certify to the City Council that the money required for the oontraot, agreement, obligations or expenditure contemplated in the above and foregoing ordinates is in the Treasury of the City of Corpus Christi to the credit of No. 230, BRIDGE REMOVAL AND RELOCATION BOND FUND ($9,342.00) Fund from which it is proposed to be drawn, and such money is not appropriated for any other parposs. Dirsotcr of linanas PATRICK J. DUNNE R. A. HUMBLE GABE L02ANOg SR. r r 10 -20 -59 I certify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinAncs is in the Treasury of the City of Corpus Christi to the credit of Not. 230, BRIDGE REMOVAL AND RELOCATION BOND FUND ($9,3`t2.00) pod from mhioh it is proposed to be drams, and such money is not Appropriated for any other purpose. Director of Finance CORPUS CHRISTIp TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI$ TEXAS I 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 RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AMD THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I� THEREFOREp HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLTp Y THE CITY ()F CPUS CHRI6'1.- TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNK CILPATRICK J. DUNNE R. A. HUMBLE GAB& LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE% ELLROY KING JAMES L. BARNARD MRS. RAY AIRNEART JosEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. _ ____j