HomeMy WebLinkAbout13174 ORD - 05/12/1976:hb:S /11/76:1st
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO CONVEY BY WARRAM
DEED WITH VENDOR'S LIEN TO DAVID SAUCEDA THE TRACTS
OR PARCELS DESCRIBED AS LOTS 13 AND 14, BLOCK 18,
CHAMBERLAIN SUBDIVISION t—OTHE CITY OF CORPUS CHRISTI,
NUECER COUNTY, TEXAS, FOR A CONSIDERATION OF $1,500,
ALL AS MORE FULLY SET FORTH IN THE WARRANTY DEED AND
PROMISSORY NOTE, A COPY OF EACH BEING ATTACHED HERETO
AND MADE A PART HEREOF, MARKED RESPECTIVELY, EXHIBITS "A"
AND "B "; 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
to convey by Warranty Deed with Vendor's Lien to David Sauceda those
tracts or parcels described as follows:
Lots 13 and 14, Block 18, Chamberlain Subdivision
to the City of Corpus Christi, Nueces County,
Texas, also known as 1605 Marguerite,
for a consideration of $1,500, with the purchaser to pay $200 down and the
remainder in 36 monthly installments of $39.13, all as more fully set forth
in the Warranty Deed and Promissory Note, a copy of each being attached
hereto, Marked Exhibits "A" and "B ", respectively, and made a part hereof.
SECTION 2. The necessity to authorize conveyance of the afore-
said parcel or tract of land in order to return the same to the tax rolls
at the earliest practicable date 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 intro-
duction but that such ordinance or resolution shall be read at three
several meetings of the City Council, and the Mayor having declared that
such emergency and necessity exist, and having requested that such Charter
rule be suspended and that this ordinance be passed finally on the date of
its introduction and take effect and be in full force and effect from and
after its passage, IT IS ACCORDINGLY SO ORDAINED, this the %I day of
1976.
ATTES
C y Secret ry MAYOR�
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:/'210'DAY OF , 1976:
J. B CE AYCOCR, C ' ATTORNEY MICROFILMED
By
Assistant City Attorney
13174 JUN 1-61980
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WARRANTY DEED WITH VENDOR'S' LIEN
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NDECES X
I, R. Marvin Townsend, the duly appointed City Manager of the
City of Corpus Christi, a municipal corporation of the County of Nueces,
State of Texas, for and in consideration of the sum of Ten and No /100
($10.00) Dollars and other valuable consideration to the undersigned cash
in hand paid by the Grantee herein named, the receipt of which is hereby
acknowledged, and the further consideration of the execution and delivery
by Grantee of his one certain promissory note of even date herewith in the
principal sum of One Thousand Three Hundred and No /100 Dollars ($1,300.00),
payable to the order of Grantor in monthly installments and bearing
interest as therein provided, containing the usual clauses providing for
acceleration of maturity and for attorney's fees, the payment of which note
is secured by vendor's lien herein retained, have GRANTED, SOLD and
CONVEYED, and by these presents do GRANT, SELL and CONVEY unto David Sauceda,
subject to the reservation hereinafter made, of the County of Nueces,
State of Texas, all of the following described real property in Nueces
County, Texas, to -wit:
Lots 13 and 14, Block 18, Chamberlain Subdivision
to the City of Corpus Christi, Nueces County, Texas,
also known as 1605 Marguerite.
TO HAVE AND TO HOLD the above described premises, together with
all and singular the rights and appurtenances thereto in anywise belonging
unto the said Grantee, his heirs and assigns forever; and I do hereby bind
myself, my successors and assigns to warrant and forever defend all and
singular the said premises unto the said Grantee, his heirs and assigns,
against every person whomsoever lawfully claiming or to claim the same
or any part thereof by, through or under the City of Corpus Christi.
But it is expressly agreed that the Vendor's Lien, as well
as the superior title in and to the above described premises, is retained
against the above described property, premises and improvements until
the above described note and all interest thereon is fully paid according
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to the face, tenor, effect and reading thereof, when this Deed shall
become absolute.
It is further expressly agreed that this conveyance is further
subject to the replatting of Lots 13 and 14, Block 18, Chamberlain Sub-
division into one lot.
EXECUTED this day of , 1976.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
DAY OF
1976:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
THE STATE OF TEXAS X
COUNTY OF NUECES X
By
R. Marvin Townsend, City Manager
Before me, the undersigned authority, on this day personally
appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi,
Texas, a municipal corporation, known to me to be the person and officer
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.
Given under my hand and seal of office this the day of
. 1976.
Notary Public in and for Nueces
County, Texas
is
PROMISSORY NOTE
$ 1,300.00 Corpus Christi, Texas, May , 1976
For value received, I, we, or either of us, as principals, agree
to pay to the order of the City of Corpus Christi, Texas, in the City of
Corpus Christi, Nueces County, Texas, the sum of One Thousand Three Hundred
and no /100 Dollars ($1,300.00), in legal and lawful money of the United
States of America, with interest thereon from date hereof until maturity
at the rate of five and one - fourth per centum (5 -1/4%) per annum matured
unpaid principal and interest shall bear interest at the rate of ten
per centum (10%) per annum from date of maturity until paid.
This note is due and payable as follows, to -wit:
In monthly installments of Thirty -nine and 13/100 Dollars
($39.13) or more each, from each of which installments the accrued interest
on the entire unpaid principal shall be first deducted, and the remainder
applied to the payment of the principal, the first of which installments
Is due on or before the 1st day of June, 1976, and the others regularly, one
upon the let day of each succeeding calendar month thereafter until this
note, both principal and interest, has been duly paid. Payment hereof is
secured by a Vendor's Lien expressly retained in deed of even date herewith
executed by R. Marvin Townsend, City Manager of the City of Corpus Christi,
to the maker hereof upon the hereinafter described real property, to -wit:
Lots 13 and 14, Block 18, Chamberlain Subdivision
City of Corpus Christi, Nueces County, Texas.
It is expressly provided that upon default in the punctual payment of this
note or any part thereof, principal or interest, as the same shall become
due and payable, the entire indebtedness evidenced hereby shall be matured,
at the option of the holder. In the event this note, or any part hereof,
is collected through probate, bankruptcy or other judicial proceedings by
an attorney or is placed in the hands of an attorney for collection after
maturity, then the undersigned agree and promise to pay a reasonable
attorneys fee for collection, which in no event shall be less than ten
per cent (10%) of the principal and interest then owing.
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Each maker, surety, and endorser of this note expressly waives
all notices, demands for payment, presentations for payment, notices of
intention to accelerate the maturity, protest and notice of protest, as
to this note and as to each, every and all installments hereof, and each
consents that the payee or other holder of this note may at any time, and
from time to time, upon request of or by agreement with any of us, extend
the date of maturity hereof or change the time or method of payments
without notice to any of the other makers, sureties or endorsers, who shall
remain bound for the payment hereof.
David Sauceda
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CORPUS CHRISTI TEXAS
.Z-�=Y OF
TO THE MENBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
81ON OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SMALL
BE PASSED FINALLY ON THE DATE IT 19 INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL) I, THEREFORE
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY
MAYOR Ngr-
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED
BY THE FOLLOWING VOTE:
JASON Luer
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
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GABE- LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED
BY THE FOLLOWING VOTE:.
JASONLLUSY ,
ON. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
Son GULLET
GABE LOZANO, SR.
EDWARD L. SAMPLE
MICROFILMED.
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