HomeMy WebLinkAbout05579 ORD - 11/18/19590 JAW:JKH:11-17 -59 1
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER,
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,
TO EXECUTE A CONTRACT WITH CONTINENTAL OIL COMPANY
AND CONSUMMATE THE PURCHASE OF O-_333ACRE OF LAND
FOR THE SUM OF WHI H LAND IS NEEDED IN
�NECT I ON WITH-THE H I GIVAY 9 GPAUL SEPARATION, _ A
COPY OF WHICH CONTRACT 13 ATTACHED HERETO AND MADE
A PART HEREOF; APPROPRIATING THE SUM OF °w ,552.00
FOR THE PAYMENT O-M-7H E ID CONTRACT . NA D THE
SUM OF $ FOR P OF PROR TED TA S, FROM
THE BRIDGE REMOVAL AND RELOCATION BOND FUND N0. 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, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE
A CONTRACT WITH CONTINENTAL OIL COMPANY, AND CONSUMMATE THE PURCHASE
OF 0.333 ACRE OF LAND FOR THE SUM OF $7,552.00, WHICH LAND IS NEEDED
IN CONNECTION WITH THE HIGHWAY 9 GRADE SEPARATION, A COPY OF WHICH CON-
TRACT IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THERE 15 HEREBY APPROPRIATED THE SUM OF $7,552.00
FOR PAYMENT UNDER SAID CONTRACT AND THE SUM OF $100.00 FOR PAYMENT OF
PRORATED TAXES UNDER SAID CONTRACT, FROM THE BRIDGE REMOVAL AND RE-
LOCATION BOND FUND N0. 230, WHICH SAID APPROPRIATION FOR PRORATED
TAXES SHALL AUTOMATICALLY TERMINATE AND BE CANCELLED, AS TO ANY
UNEXPENDED PORTION THEREOF, SIXTY (C>O) DAYS FROM DATE OF THIS ORDI-
NANCE.
SECTION 3. THE NECESSITY FOR EXECUTING THE CONTRACT AND MAKING
APPROPRIATIONS HEREINABOVE SET FORTH 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 CITY COUNCIL, AND THE MAYOR,
HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUEST-
ED THE SUSPENSION OF THE SAID CHARTER RULE AND THAT THIS ORDINANCE
5579
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 PASSRGE� IT IS ACCORDINGLY PASSED AND APPROVED THIS
DAY OF NOVEMBERS 1959
i
YOR �4�CMR
I TUS CHRISTI, TEXAS
ATTEST:
CITY SECRETAp'
APPROVED AS TO LEGAL FORM
THE 16TH DAY OF NOVEMBER,1959:
Zg,,fj Y ATTORNEY
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REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS
COUNTY OP IYUECES
11 -6 -5
RM -GM
THIS MEMORANDUM OF AGREEMENT made and entered into
by and between CONTINENTAL OIL COMPANYI-r. a Delaware corporation,
hereinafter referred to as SELLER, and the CITY OF CORPUS
CHRISTI, a Municipal Home Rule corporation, hereinafter re-
ferred to as BUYER, of the County of Nueces, State of Texas,
W I T N E S S E T H:
1. Seller, in lieu of condemnation, and for the
consideration and upon the terms hereinafter set out, hereby
agrees to sell and convey unto Buyer, and Buyer agrees to buy,
the fee simple title to the following lot, tract or parcel of
land, and improvements thereon, exclusive of minerals, situated
in Nueces County, Texas, and being more particularly described
as follows, to-wit;
Being a part of a 200' x 240' tract of
land out of Shares "D" and "E" of the
McBride Partition and being more particu-
larly described as follows:
BEGINNING at the point of intersection
of the existing north right of way line of
State Highway No. 9 and the west boundary
line of the Continental 011 Co. 200' x 240'
tract; said point lying opposite Engineer's
Ce$ter Line Station 141/15.7 and bearing S.
01 23' W. 240.00 feet from the northwest
corner of the Continental Oil Co. Tract;
THENCE,N. 010 23' E., 80.00 feet;
THENCE S. 980 39' E., 105.47 feet;
THENCE S. 690 58' E., 99.77 feet;
THENCE,S. 010 23' W., 48.03 feet;
THENCE N. 880 39' W. along the existing
north right of way line of State Highway No.
9, 200.00 feet to the place of beginning;
Said parcel contains 0.333 acre of land,
more or less.
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2. The co�lsideratlon:llto Seller, for the, conveyance
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I! of the fee simple lti'Ile, exclusive of minerals, to the above
!' describes lot, tracJor parcel pf and, is $7,552.00, and it
1 i' is Understood by 5e1er thdt sad amount also includes any
ii severance damages, ii�any, $o the remaining acreage owned by
Seller, but not take' for purchase by Buyer,
ii 3• The Seji er shall provide, for the benefit of li
i! the Buyer., a title irr'sluranc$ po�lcy, without exceptions to
said title =being mad to the said title policy, except standardf
ii exceptions for Nue.cel County, and any other exceptions set out
in this instrument, which policy shall wholly insure and in- IIII
Pi demnify the Buyer,ag inst any title defects or adverse claims
�. thereto., Said title insurance policy shall be issued through
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a reliable title inslrance company and.shall be delivered to
Buyer on the dater'of1lthe closing of this deal. Title expenses
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II are to,be borne by Seller.
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,- 4. 'Upon t4_ aeouringliof the title insurance.policy
provided for !'
p r herein 13elle�' a es to dally
g
re era cod and suf
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j ficient`ganeraI wary my deed to'the described lot, tract or
I� 'with the provisions of this contract,
parcel in accordancel
properly conveying slid lot, tract or parcel to Buyer, and
Buyer agrees thereup_�n to make the cash payment.
!� 5 All',t s are to-be paid by Seller up to-and in-
eluding the year 1958. 1959 taxes will be assumed by Seller, I
and Seller will pay 411,1959 taxes on the lot, tract or parcel, :Ili
4
but _Buyer agrees to y to!1,5ellgr -, at closing, an amount 'equal $i �
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j to a proration of. t time_IBuyet will be in possession in 1959.1
Possession for this purpose will be as of the date of closing
11' of this deal. "I
6,,� Buyer has this day deposited with the title in �
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II sur a as company or title guaranty company the sum of $750.00
! as earnest money hereunder to be applied on the cash payment of
U $7,552.70 when this (eal is closed, at,, which time the balance
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of the said cash consideration of $7,552.00 shall also be paid.
Should the Breyer fail to consumato thie contract as herein
srzecified for any re�ls�,n, except title defects, trs ;teller
snall be entitlea to ;•eceive Lhe cash depc•si.t as liquicla .ed
damages for the breach of this contract, or may at its optian,
enforce specific performance hereof. When the executed deed and
any other necessary executed papers and the balance of the cash
payment are in Possession of the title insurance company or
title guaranty company, said title company will close the deal
in accordance with its usual and customary procedure. In the
event Seller fails to, tender the instruments in accordance with
the terms of the contract within the time provided herein the
Buyer may enforce performance of this contract by ar. action
for specific performance thereof.
7. The Buyer agrees to accept title subject co all
outstanding restrictive covenants and use restrictions, if arW,
of record, and all city zoning and regulatory ordinances, if
any, applicable to said property, and all recorded oil and gas
leases, leases, pipeline easements or rigtat-a of way. Liens of
any nature, deeds of trust, or mortgages are herein agreed to
be defects of title making the said parcel unmerchantable, but
Seller agrees to extinguish same by payment on or before sixty
(60) days from execution of this contract by Buyer.
8. It is agreed and understood that the mineral
estate is to be excepted from the conveyance but it is agreed
further, and the deed shall so provide, that Seller waives any
right to conduct drilling or exploration operations for minerals
on the surface of the parcel described in Paragraph 1.
9. It is understood by all parties hereto that this
deal is to be closed through the title insurance company or
title guaranty company on or before sixty (60) days from date
of execution of this contract by Buyer.
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r 10. It is agreed between Buyer andlSeller that this
contract is performable in Nueces County, Texajs.
11. It is understood and recognized! that this sale
and conveyance 1s made in lieu of condemnation; for the purpose
of widening. State Highway No. 9 under State Projeot No. C- 74 -6 -37
and it is further understood and agreed,, and o deed shall so
provide,
OF is litgh.87- 44
EXECUTED this I rd day of November, 1959 in-tripli-
oate, either copy of which shall constitute an original.
CONTINENTAL dI�, COMPANY
By: toy y c
SELLER
CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
By:
City ger
City Secretary
BUYER
APPROVED AS TO ,LEGAL FORM this
day of November, 1959:
City of orney
THE STATE OF TEXAS i
COUNTY OF NUECES I
BEFORE ME, the undersigned authority, on this day per-
sonally appeared HERBERT W. WHITNEY, City Manager of the City of
Corpus Christi, Texas, known to me to be the person whose name'
is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated and as the
act and deed of said City.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
day.of , 1959.
Notary Public in a or
Nueces County, Texas
• a a t a a a a a
THE STATE OF TEXAS j
COUNTY OF TARRANT
BEFORE M, the undersigned authority, a Notary Public
in and for said County and State, on this day personally appeared
My M. MAYS , known to me to be the person whose name
s su scr e o the foregoing instrument, and acknowledged to me
that he executed the same as the act and deed of CONTINENTAL OIL
COMPANY, a corporation, and as Attorney in Fact for said corporation,
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this /,0_ day
of c""-( 14 "- , 1959.
o �jc in and or
Tarrant County, Texas
! a a a s a a a a a a a
r;
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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 in the Treasury of the City of Corpus Christi
to the credit of No. :3o i!— " A,
Fund from which it is proposed to be dram, and such money
appropriated for any other purpose.
Director of Finance
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CORPUS CHRISTI TEXAS
DAY OF I9�
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 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 REQUIRE -
NENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 13 INTRODUCED, OR AT THE
PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY
MAYOR THE CITY CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
ELLROY KING cx_f - (_'
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE G�
GABE LOZANO, SR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO NG VOTES
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRNEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO, SR.