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Home My WebLink About10281 ORD - 06/02/1971B.IW:5/20/71 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT FOR THE ACQUISITION OF PARCEL NO. 17.OF POLICE STATION PARKING AREA EXPANSION, LEGALLY DESCRIBED AS LOT 16, BLOCK 2, HIDALGO ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM THE OWNERS, JOE C. CABRERA, JUANITA CABRERA AND SEFERINO T. LOPEZ; APPROPRIATING AND REAPPROPRIATING OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 3327, CODE 502, THE SUM OF $3,383-50 OF WHICH SUM $3,250.00 IS FOR ACQUISITION AND $133.50 IS FOR INCIDENTAL EXPENSES, RELATED TO CLOSING COST; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED, =s'FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A REAL ESTATE SALES CONTRACT FOR THE ACQUISITION OF PARCEL N0. 17 OF POLICE STATION PARKING AREA EXPANSION, SAID PARCEL BEING DESCRIBED AS FOLLOWS: LOT 16, BLOCK 2, HIDALGO ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY THE MAP OF RECORD, VOLUME 3, PAGE 47, A COPY OF SAID REAL ESTATE SALES CONTRACT, MARKED EXHIBIT I'AB, IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED AND REAPPROPRIATED OUT OF THE N0. 102 GENERAL FUND, ACTIVITY 3327, CODE 5021 THE SUM OF $3,383.50 OF WHICH SUM $3,250.00 IS FOR ACQUISITION AND $133.50 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING COSTS, THE OWNERS BEING JOE C. CABRERA, JUANITA CABRERA AND SEFERINO T. LOPEZ. SECTION 3. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE NECES- SARY DOCUMENTS AND TO AUTHORIZE THE PAYMENT OF FUNDS FOR THE ACQUISITION OF THE AFORESAID PARCEL OF LAND AS SOON AS POSSIBLE CREATES A PUBLIC EMERGENCY AND 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, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS -10281 INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE L /J i<l1'/�,DAY OF 1971. v ATTEST: CITY 91ECREiA RY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: _ DAY OF '1971: CIJf ATTORNEY PW 2 - Form 14 .. REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between Joe C. Cabrera, Juanita Cabrera, Seferino T. Lopez hereinafter called Sellers, of the County of Nueces , State of Texas, and the City of Corpus Christi, hereinafter called Buyer, of the County of Nueces, State of Texas, W I T N E S S E T H: 1. The Sellers, for the consideration and upon the terms hereinafter set out, hereby agree to sell and convey unto Buyer, and Buyer agrees to buy the following described property situated in Nueces County, Texas, to -wit: Lot 16, Block 2 Hidalgo Addition, to the City of Corpus Christi, Nueces County, Texas, as shown by the map of record, Volume 3, Page 47. - 1 - i7 rw 2 .- -Form. 14a 2. The purchase price is $3,250.00 3. The Sellers shall provide at the expense of Buyer, a Title Insurance Policy, without exceptions to said title being made in said title policy, which policy shall wholly insure and indemnify the Buyer against any title defects or adverse claims thereto. Said Title Insurance Policy shall be issued through a reliable Title Insurance Company and shall be delivered to the Buyer on the date of the closing of this deal. 4. Upon the securing of the Title Insurance Policy provided for herein to be prepared by purchaser, Sellers agree to deliver a good and sufficient General Warranty Deed drawn in accordance with the provisions of this contract, properly conveying said property to said Buyer, and Buyer agrees thereupon to make the cash payment. 5. All taxes to be paid by Sellers up to and including the year 19_yO. r 6. All current taxes, insurance, rents,'and interest, if any, are to be prorated between the Buyer and Sellers for the year 19Z_ to date of closing, except as may be herein otherwise provided. 7. Buyer has this day deposited with the Title Insurance Company or Title Guaranty Company the sum of $325.00 Dollars as earnest money hereunder to be applied on the cash payment above set out when deal is closed, at which time the balance of cash consideration shall also be paid. Should the Buyer fail to consumate this contract as herein specified for any reason, except title defects, the Sellers shall be entitled to receive said cash deposit as liquidated damages for the breach of this contract, or may at their option, enforce specific performance hereof. When the executed deed and any other necessary executed papers and the balance of the cash payment are in possession of the Title Insurance Company or Title Guaranty Company said title company will close the deal in accordance -2- 1 - V0.1-111 l h c Wth i.ts u;.uul. and cu.'Aa,mary procedure. In i.tiv ovc•nL .;N1crs Fail Lo a llVo"t conveyliq, said property in accordance vi th the tertn:; of the contract vi.thi.n the ti'mo prov:i.dcd herein the Buyer may enforce performance of this contract by Inaction for specific perfo2nuicc thereof. 8, The Buyer agrees to accept title subjeCt to all. outstwiding restrictive covenants and use restrictions, if any, of record, and all city zoning and regulaLory ordinances, if any, applicable to said property. 9. (le_fiaia_co�= iderciiru st _�iinnel :� b_2_t c_ dt_0?_ ------------------- ---- -- ---- Aollar_ys 1-_^i ecijn laid J�n�ellcrs_a5_cccReS -tRid� ax;�:u;,ss,.x•,::.s -cy -t>r� mat;_ «- �:xr�uf_a:•li:,cL i �.isJ _ Hsu; �_ ca• �tLeci: a3_io_bc_n.;_t21^..:,.li..'��,- bey =c1-- �x: ��c�].ypcg_sgres- �ur,1_i:.a�� a1Li..i.F-,a::c. �: u:::. �' e1�es _te_ze>�oire_211_L•::�nS»� - -- s;._ - to_bc_ sold- and- Sr1]srs. , =•r -s= �;Er••oErrdr �.�- mac: la- �eLa�al- ab-} .�i<?r- a:a>- �>:pra�,sa- »;r -i,a= t.o- the- d «tc_of_clas3rstif_t11:i..s-- s13o a ?ltprl- Ee�ts- w_$�tiu- �1aF1e;3•- {cam} z�fsi c�_ twic _date_bereoi;_ancLi= i]iu�n�_ So-13 1-f o {�a�A1 c e ® -sxek- elaag- �s#��ia� raid ti c+ 11 _auL=w 'Li c ally- av�%rdz _ a nhn —,:P-- to-- r�?r.ouo• �:�a - az3d- c�ec?xsi- ike- EOSt- •F>f-- &ucl�. xe;�.;uab �'sa:a - tkre -c oasid =.s atia� hexus>_ � �1 #o•bo-�irl. 10. 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 this date. 11. Sellers- ke3�e�j -v. _ �o-psel�es�- their- kea�'s- •aid- �.ssir,,x;.•l,- -al.7, fame. ll, ...Gas.r..and -min erals,_in.,_a 1,_ on auul= thasi— ace _of_said_lands, 12. By Sellers execution hereof, Sellers acknowledged that they have read this agreement and they acknowledged that they understand that this agreement is not binding on Buyer until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas. It is further understood however, that Buyer must execute this agreement within 30 days from the date of Sellers execution or this agreement shall be null and void and none of the provisions hereinabove set out will bind either party. - 3 - p W 2 - Form 311a - MCUTED in triplicate, either copy of which shall constitu{:e an original, on this the 7;6� day of �AL_�, ]•9 7 / ATTEST: Juanita Cabrera City Secretary SELLERS CITY OF CORPUS CHRISTI, TIMAS. APPROVED AS TO -GAL FORM THIS _14 _DAY OF ,19 BY City Manager BUYER City torney .{u?..ri`il ;nd s,rorn to bafcre rye this Nchar Pu011c In uA fa tL.'L. tr ul O,m:i, 5�ts of catnaaN • tv;y Com,-.Ii.Gfon Sep'r. 12, 1974 For]- I)I-L STRII?, QV- TEXAS COUIPTY of PMBCEa BEFORE The undcr;,.'Lgncd authority, on this day personally appeared R; Marvin Townsend, City MMagOr Of the City Of Corpuc Christi, Texas, h-nown to Inc. to be the pezoon, whose name is subscribed to the foregoing in5cruincnt-azid acitnowledzed to yac 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 WMER Iff HAIM A•ID SEAL Or OFFICE, This day of J-9 Notary M)Colic in and for Vueces Cour:Y, Te-,,:as TIM STATE' OF TEXAS COUNTY OF ITUECES BEFORE 14E, The undersigned authority, on this day personally appeared IMIOVII 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 a-lid consideration therein expressed. GM N MDER MY IMTD AIND SEAL OF OFFICE, This the day of Notary Public in and for I.-aeces Courzy, Texas THE STATE OF TEXAS COUNTY •OF NUECES BEFORE ME, The undersigned authority, on this day personal2j, appeared Tnp-(". 'OnbrPrn and his irLfe, both known to me to b6 the persons whose rames are subscribed to the foregoing Instrumcr-t, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Juanita Cabrera wife of the said Joe C. Cabrera having been examined by me privily and apart from her husband, acknowledged such instrument to be her act and ' deed, . and declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. G.WEN UNDER MY HAND AND SEAL OF OFFICE, The 7A6 day of hutnry iii 1111d l'or 11ti W111ILY, 'J FIT] 7 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) May 11, 1971 I certify to the City Council that $ 3,383.50 the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of; Fund No. and Name 102 General Fund Project No. 102- 3327 -501 Project Name Police Station Expansion Land Acquisition from which it is proposed to be dravm, and such money is not appropriated for any other purpose. �9L Director o F nance FIN 2 -55 Revised 7 -31 -69 CORPUS CHRISTI TEXAS / l.DAY OF / L-'L-✓ 9-z/ L� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI] TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION 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; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCEDI OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY MAYOR THE CITY OF CORPUS CH T1, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL d la e ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES THOMAS V. GONZALESQ/ GAGE LOZANO, SR. GABE LOZANO, SR. �r_C J. HOWARD STARK V THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ d la e REV. HAROLD T. BRANCH THOMAS V. GONZALES GAGE LOZANO, SR. J. HOWARD STARKy�... --