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Home My WebLink About05576 ORD - 11/18/1959~� JAW:JKH:11 -17 -59 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH D. W. GRANT, TRUSTEE AND CONSUMMATE THE RCHASE OF 0.10 AtrREOF Lin IN CONNECTION WITH THE HIGHWAY 9 GRA SEPARATION, A COPY WH CH CON RA S C D ERLTO AND MADE A PART HEREOF; APPROPRIATING THEIISUM OF $ .00 FOR THE PA40@�E1�'CIiD E SAID CONTRACT, D iHE S F$15 F EXPENSES IrN �R, FROM THE, �DG� V AND 40CAT I ON 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 EREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPiIS CHRISTI, TO EXECUTE A CONTRACT WITH D. W. GRANT, TRUSTEE, AND CONSUMMATE THE PURCHASE OF 0.10 ACRE OF LAND FOR THE SUM OF $3,375.00, WHICH LA i D IS NEEDED IN CONNECTION WITH THE HIGHWAY 9 GRADE SEPARATION, A COPY OF ICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED THE SUM OF $3,375.00 FOR PAYMENT UNDER SAID CONTRACT, AND THE SUM OFI$150.00 FOR PAYMENT OF TITLE EXPENSES UNDER SAID CONTRACT, FROM THE BRiIDGE REMOVAL AND RE- LOCATION BOND FUND NO. 230, WHICH SAID APPROPRIATION FOR TITLE EXPENSES SHALL AUTOMATICALLY TERMINATE AND BE CANCELLED, AS TO ANY UNEXPENDED PORTION THEREOF, SIXTY (60) DAYS FROM DATE OF THIS ORDINANCE. SECTION 3. THE NECESSITY FOR EXECUTING THE CONTRACT AND MAKING APPROPRIATIONS HEREINABOVE SET FORTH CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING TH"1= SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHILL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ODINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE ITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE SAID CHARTER RUI E AND THAT THIS i ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS JINTRODUCTION AND THAT 5576 THIS ORDINANCE TAKE EFFECT AND BE IN FULL AND AFTER ITS PASSAGE, IT IS ACCORDINGLY THE DAY OF NOVE'"BER, 1959. ATTEST: `\I, - -/- -, ` CITY SECRETARY V APM*O AS TO LEGAL rm TH I S 16TH MY Of NQM"Ertp 1199559; .... // ATTORNEY 4E FORR AND EFFECT FROM AND APPROVED TH13 THE CITY or as 18T1 TEXAS TATE OF TE 4 COUNTY l Ir FECES r MZ 140✓AI.. 'JN .Y :ACTIECME4T HA'JC ANG CNTERE:D i'iT6 K. P++C 8ET.b£E.N - W. Gil,--T, TRU`:rLr- HE::. NAFTER CALLED SELLER, OF "vL ':OL'r,T r'- UP.•�f;VdSyES, vC STA-_ OF TE:.At,. A +1c T '.. ,.. OF CORPUS CHR' STI, A 'HU471 CiAAL. C•3RPORATf OW,, - - Hi ?c,.�rCc A,,c'.; THC ['OVIdTY OF NUECE$�$'iATE'OF TEXAS, .T w I T i15SETH: OS AND FOR THE CONSIDERATION AND - C°Oa, THC''1 4£5E +1: AF 7E; ,LT OUT, HEREB" AC;RCCS 70 SELL AND CONVEY U-470 + gUYrR.-Aft `fllJ)E- A::REES TO !)UT, FEE. 614TPLE TITLE '. -vE. FOLL0'.11kG LOT, TRAC' 06 0ARG£'E "•00 LAfib, aNl ANY IMPROVEHENT,R LO� :A.TEO THEF[-Nj 0'17 FXCEU:iixE or "I Hlir: -RALSr 1iITUA7ED IN NUECES�COUNTY, TEXAS, AIID SCINO MORE PAR, 1CriL:ARLf FOLLOW,; , T---WIT' , "L - .r_ A -.. - A ';,RTA;r{ TRACT ')F LAND OIJ- JF THE � - _ 3k,ARES, "0' AWO T" 0° 7NE. MAP -' 16C3RIDE - F6RT+TICn A - ;L MORE AART'ICULARLY OCSC 713E0 AS FOLLOV3p 3E:;IMW:,,: fT 7HZ POINT OF.- I)ITERSECTION OF THE EXISTING. ' - NORTH':RIGHT -GF -WAY LINE OF STATE HIGHWAY "NO. 9 AND THE WEST RIGHT- OE -','AY LINE.OF SAVAGE LANE; SAIO POINT 9EING S. 010 2 7.1 W. %uG FEET FROM THE NORTHEAST CORNER OF THE THENCE N. ALONG !,ii: EX!STI WC NORTS RIG'+T -OF- HA ^." _; NE ')r`.-c.Ta '�IuH "AA• Nf,. G 142.�ii FrET� 4t ' THENCE H. rJ•e E. 48.0_, FdET; ° G4,1 TNEI /E' S. E� L E• 71.P,E FEET; _ THENCE S. RQ° E•, 73.9+ FEET TO A POlN7 IN THE WEST -:;�1 RIGHT -OF -WAY -:HE JF SAVAGE LANE BEARING S. 01' 231 W-, + 215 FEET FROf' Tv1 NORTH CORNER QP THE D. Y. GRANT -- PROPERTY; " "' THEM E'S. 0j° '-1 d., 25.00 FEET TO THE PLACE OF BEGINNING. - �• JAI: L.,AFLEL I .: -w- . - -. ar'T>a: III Ni. .10 ACRE Or LAHO, HORE OR LEST. // A L. ". nr,5; pr >r,itC'• TO SELLCRr hiR THE, CONVEYANCE or FCE SICePlB { Z: TITLE, r0 THE ABOVE DE.SUt19LJ -oT. TRACT OR PAR:EL OF :ArLj, AND IHPiiOVEMEkTF. THEREON, EXCLUSiIVE ?F r!lLRA:_!3, I.`_ ?, 311. y3. IT iS HEQEI!I J•JEIEFSTOOO TI4AT T&i;.S SAID AMOCdT OF ;, °,�rr.00 SEPR£SENTS THE PQR_CHASE PR12E OF THE SAIL T, THE WMA40WER OF SELLEk�d LAID rN l 't!1 #$ P[iJYftt$BG. Oil. MIl ttT B"E tal"D' -10 ACRE PVRCNA 0 IM rEE FOR use III WE 0RADF SEksitf1011 d'*WMT aM i11GHWAT 9. 3. TNC SELLER SMALL PROVIDE, FOR THE 8ENEFIT DarA1r&$, 51TER, A TITLE INBURAOCt POLI -CY, WITHOUT ERCEPTIONS, OTHER THAN C`I#x - C PT14R9, FOR NVECE5 CWdNTY AND ANY OTHER EACEPTIONS THAT QIQW ot:.Siff WT. 1.0 MIS IRSTRUDIEMT, wHICH SAID POLICY BNA.°.L W80LLY IMSOH$ ARD I lgpgpllpY,,. :. OUYER AGAINST ASY TITLE CEFECTS OM MYER" "WINS TiTERBTO. ,SAM TITLE 10 .. SURANCE POLICY SHALL BE ISSUED TMROtlBM A OtL.IJ" -t TITiC'AIM Wj!" %TT!,.G .. AMD SMALL BE OELIVEREC) TO THE VOTER ON tM SKF*M'Tl9E *ATE 6F -"Qaf 4 M VMS" SALE. GUVEQ SMALL BEAR ALL CGOVS AND ' ar TIYLQ I�s'aOlE irEp CL11$.1� CNARRES AND FEOERAI.' RItTCRUE tg?&m OR The 1: $YAMCE, OUT 91 LL not d COST OF CURATIVE MORN. �. [1P0N THE SECURIIm OP THE TITLE ti9'SURAl/CE POLICY PROVIDED r" HEREIN, SELL.EII .FREES TO DELIVER A ®OM &Ni BO%gPle#fWT WA.BOA"T DEED T® TN$ ABOVE DESCRIBED .10 ACIF TRACT IN ACCORDANCE WITH PROVISIONN ¢F Tills$ eft - TRACT, PROPERLY CONVEY:gp SAID TRACT TO WTER, AIND WYER AGRERS.THEIMUIISA TO MAKE THE CASH PAYMENT. 5. ALL TAX ES ARE TO BE PAID BT SELLER UP TO AND IMCLUDINO THE YEAR 19580 AND 1939 TAXES ARE TO BE ASSUMED BY SELLER. 6. BUYER HAS THIS DAY DEPOSITED WITH THE TITLE INSURANCE COMPANT OR TITLE GUARANTY COMPANY THE BL94 OF $3W -OO AS EARNEST HOMEY MERCUNDER TO BE APPLIED ON THE CASH PAYMENT OF $3375.00 WHEN THIS BALE IS CLOSED, AT WHICH TIME THE BALANCE Or SAID CASH COMSIDERATIOa Or $3375.00 SHALL ALso BE PAID. SHOULD THE BUYER FAIL TO CONSUMMATE TH18 CONTRACT AS HEREIN SPECI- FIED FOR ANY REASON, EXCEPT TITLE DEFECTS, THE SELLER SMALL OE ENTITLED TO RECEIVE THE EARNEST HOMEY AS LIQUIDATED OAMAQE8 FOR BREACH Or THIS CMRUTp. OR MAY AT HIS OPTION, EPIrONCE SPECIFIC PERFORMANCE HEREOF, tfNEN To EaCum DEED AND ANY OINER RiCESSARY PAPERS AHD THE BALANCE OF THE CASM F&VMNT ARE IM PQ'SSESSION Of TNC T—LE INSURANCL C01IPANY OR THE TITLE 904RANTY COMPAW , 777 s�;a " �' ITi�'- �kF1t NY -wL1.��4}r�E „t!llSff�� kcc�AGI�IeIC�1[R'�jf- iTt:��tJH. aim- �c1TtT�t�T ,_ PROCEDURE. IN THE ETE9T SELLER FAIL& TO TENDER THE INSTRUMENTS in ACCORDANCE WITH THE TERMS of THE CONTRACT WITNIH THE TIME PROVt.FD HER$INS TIE BUYER 18AT ENFORCE PERFORMANCE OF TriiS CONTRACT BY AN ACTION FOR SPECIIFIC PERFORMANCE TWEREOF. J 7. TOE BUYER AGREES TO ACCEPT TITLE SUBJEZT TO ALL OUTSTANDING RESTRICTIVE COTENANTS AND USE RESTRICTIONS, IF ANY, OF RECORD/ AND ALL PITY ZONING AND REGULATORY ORDINANCES, IF ANTI APPLICABLE TO SAID PROPERTY, AND ALL RECORDED OIL AND GAS LASES, LEASES, PIPELINE EASEMENTS OR RIGHTS OF WAY, PILED SUBSEQUENT TO THE DATE OF EXECUTION OF THIS CONTRACT BY BUYER. LIENS OF ANY NATURE, DEEDS OF TRUST OR MORTGAGES ARE HEREIN AGREED TO BE DEFECTS OF TITLE MAKING THE PARCEL UNMERCHANTABLE, BUT SELLER AGREES TO EXYIDIGU13N SAME BY PAYMENT 08 RELEASE AS TO THIS TRACT DESCRIBED ON OR BEFORE FIFTEEN (1g) DAYS FROM NOTICE BY THE TITLE COMPANY OF SUCH TITLE DEFECT, OR ANY OTHER TITLE DEFECT MAKING THIS SAID DESCRIBED TRACT UNMERCHANTABLE. S. IT IS AGREED ANO UNDERSTOOD THAT THE MINERAL EATATE is TB BE EXCEPTED FROM THIS CONVEYANCE BUT IT IS FURTHER AGREED, AND THE DEED SOALI SO PROVIDE, THAT SELLER WAIVES ANY RISNT TO DRILL OR EXPLORE FOR MINERALS FROM THE SURFACE OF THE .10 ACRE TRACT, ALTHOUON RESERVING TOE MIGHT TO DRILL OR EXPLORE FOR MINERALS UNDER SAID TRACT BY DIRECTIONAL DRILL&OS FARM ADJACENT PROPERTY, IF LEGALLY SO PERMITTED. 9. IT 18 UNDERSTOOD BY ALL PARTIES BENETO THAT TMIB DEAL TS TO BE CLOSED- TMROURH THE TITLE INSURANCE COMPANY OR TITLE GUARANTY COMPANY OM Be BEFORE FIFTEEN (15) DAYS FROM DATE OF EXECUTION OF THIS CONTRACT BY BUYER, OR IN TOE EVENT OF NOTICE BY THE TITLE INSURANCE COMPANY OR TITLE GUAB®KTY COMPANY TO SELLER OF TITLE DEFECTS, IT IS TO BE CL08E0 ON OR BEFORE FIFTEEN DAYS FROM NOTICE OF SUCH TO SELLER. IN TOE EVENT TOE TITLE INSURANCE COMPANY 18 UNWILLING TO ISSUE TBIE TITLE INSURANCE POLICY BECAUSE OF SWO TITLE DEFECTS, OR SUCH TITLE DEFECTS ARE NOT WAIVED BY BUYERS TN8 ABOVE SPECIFIED EARNEST MONEY SHA;.L !=E RETURNED TO 3Q,ER. YO. IT 'S ACIBC'D 5ET4ktN BUYER AND S LLER THAT THIS CONTRACT IS P ER OkW Ai.,.: I . ,d V! :ES ^JAT',, TE YAS_ LILCU"ZD ::I, 7R1 P ;CAA TE, EACH �LORY Jr WHICH SHALL CONSTITUTE AN — GINAC, THIS 13AY, JAY OF ` d,�Ky�� C.9 Nt,iitl8i ®® SELLER ATTEST: CITY OF CORPUS CHRIST!, TEAS By HER6ERT W. 'dH.TNFY, ITT SECRETARY CITY MANAGER APPROVED AS TO LEGAL FORM TH!; BUYER _SAY OF ? D•RECTOR OF rINANCE I certify to the City Council that the money required for the coatr"t, agreement, obligation, or expenditure contemplated in the above and foregging ordinance is in the Treasury of the City of Corpus Christi to the eredit of go. ZRO BRIDGE RENOVAL AND RELOCATION BOND FUND_ - (91.3Z.00,CONTRACT. AND $150.00 TITLE EXPENSES) 1md f. P1n 'whi ch it is proposed to be drdtra, and each money is not gpp ri%tod'for any other purpose, c1� Hector or finance CORPUS CHRISTI EXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES 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 INTRODUCEDS AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE 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. RESPECTFULLY YOR � P THE CITY OF CCOORRIUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES ELLROY KING JAMES L. BARNARD or MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY T ELLROY KING JAMES L. BARNARD MRS. RAY AIRNEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.