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
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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_
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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.
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