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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 w ■ 0 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. I i , ICI 2. The co�lsideratlon:llto Seller, for the, conveyance i 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 ii ! Il ' a reliable title inslrance company and.shall be delivered to Buyer on the dater'of1lthe closing of this deal. Title expenses I I II are to,be borne by Seller. i I 'll ,- 4. 'Upon t4_ aeouringliof the title insurance.policy provided for !' p r herein 13elle�' a es to dally g re era cod and suf II li g I 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 � Ii 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 � �I+ I n 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 Jl II III I it I i it II ;j I 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. -3- 1. � f • �� � i i ' Ili I 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; -5- 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 I 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.