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HomeMy WebLinkAbout15719 ORD - 08/27/1980• nh:8-26-80;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT BETWEEN MAY DOUGHERTY KING AND LEGAL REPRESENTATIVES OF VARIOUS OTHER PROPERTY INTERESTS AND THE CITY OF CORPUS CHRISTI FOR THE ACQUISITION OF PARCEL 68, BLOCK 61, AT THE UPDATED VALUE, ALL IN CONNECTION WITH THE BAYFRONT SCIENCE PARK PROJECT, NUMBER 209-76-1.3; APPROPRIATING OUT OF THE NUMBER 209 COMMUNITY CONVENTION FACILITY BOND FUND THE SUM OF $21,685.00 OF WHICH $21,400.00 IS FOR ACQUISITION AND $285.00 IS. FOR INCIDENTAL COSTS RELATED TO CLOSING TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED; 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 and directed to execute a real estate sales contract between May Dougherty King and legal representatives of various other property interests and the City of Corpus Christi for the acquisition of Parcel No. 68, Block 61, at the updated value, all in connection with the Bayfront Science Park Project, Number 209-76-1.3, said parcel being hereinafter more fully described as follows: Lot Two (2), Block Sixty -One (61), BEACH PORTION of the City of Corpus Christi, Texas, as shown on the map of plat thereof recorded in Volume "A", Page 3, Map Records, Nueces County, Texas. SECTION 2. There is hereby appropriated out of the No. 209 Community Convention Facility Bond Fund the sum of $21,685.00, of which amount $21,400 is for acquisition and $285.00 is for incidental costs related to the closing to supplement funds previously appropriated. SECTION 3. The necessity to authorize the aforesaid contract and appropriation of the necessary sums in order that the project may be commenced without delay 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 requested the suspension of said Charter rule and that this ordinance 15?9 MONEILMED SEP 2 71984 • • be passed finally on the date of its introduction and take effect and be in ORDAINED, this the 2%day of full force and effect from and afte its passage, IT IS ACCORDINGLY SO 1980. ATTEST: `I THE fir OF CORPUS CHRISTI, TEXAS Secretary MAYO APPROVED: 2.7 DAY OF AUGUST, 1980: J. BRUCE YCOC CITY ATTORNEY BY Assistant City rney Corpus Christi, exas r?`? day of U ,� , 19go 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 suspension 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; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR TH CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspend by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passe by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15719 rfrant Science Park rcel 68 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS § � COUNTY OF NUECES § This memorandum of agreement is made-and.entered into by and between MAY DOUGHERTY RING and BEN F. VAUGHAN, III, as Independent Co -Executors of the Estate of Genevieve Tarlton Dougherty, Deceased; MAY DOUGHERTY RING, Individually; J. CHRYS DOUGHERTY, BEN F. VAUGHAN, III and ROBERT Y. WHEELER, as Independent Co - Executors of the Estate of Benjamin Dudley Tarlton Dougherty, Deceased; BEN F. VAUGHAN, JR..,- as Trustee of the Genevieve Vaughan Rossi-Landi 1970 Revocable Trust; and BEN F. VAUGHAN, III, Individ- ually, hereinafter called Sellers, and the CITY OF CORPUS CHRISTI, hereinafter called Buyer, of the County of Nueces, State of Texas. WHEREAS, Buyer desires to acquire the property described below for enlargement of the Bayfront Science Park Area of the City of Corpus Christi, and has indicated to Sellers its intention to either purchase or condemn said property for such purpose; and WHEREAS, Sellers, because of.the threat or imminence of condemnation by Buyer, have agreed to sell such property to Buyer upon the terms and conditions set forth below, in lieu of actual condemnation thereof; NOW, THEREFORE, the parties agree as follows: 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, all right, title and interest of Sellers in and to the following described property situated in Nueces County, Texas, to -wit: Lot Two (2), Block Sixty -One (61), BEACH PORTION of the City • of Corpus Christi, Texas, as shown on the map or plat thereof recorded in Volume "A", Page 3, Map Records, Nueces County, Texas. 2. The purchase price is TWENTY-ONE THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($21,400.00). • 3. Sellers shall provide at the expense of Buyer, a title insurance policy, without exceptions to said title being made in said title policy except those accepted by Buyer, which policy shall wholly insure and indemnify the Buyer against any title de- fects or adverse claims thereto. Said title insurance policy shall be delivered to Buyer on the date of the closing of this trans- action. Within 30 days from the date hereof, Sellers shall cause to be delivered to Buyer a commitment for such title policy, showing all easements, encumbrances, and other matters of record affecting said policy. Within 30 days after receipt of said commitment, Buyer shall give written notice to Sellers of any objections to the title reflected by said commitment, and Sellers may elect either to cure said objections, or to cancel this con- tract (in which case Buyer's earnest money shall be returned to it). If Buyer fails to object to title within the time provided, Buyer shall be deemed to have accepted the conditions of title reflected in such commitment. 4. Upon the securing of the title insurance policy provided for herein, Sellers agree to deliver at the expense of Buyer a good and sufficient deed, with special warranty of title, 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. A11 taxes to be paid by Sellers up to and including the year 1979. 6. All current taxes, if any, are to be prorated between Buyer and Sellers for the year 1980 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 $1,070.00 as earnest money hereunder to be applied on the cash payment set out when the transaction is closed, at which time the balance of cash -con- sideration shall also be paid. Should Buyer fail to consummate Bayfront Science Park Parcel 68 Dougherty -et al -2- • • this contract as herein specified for any reason, except title defects, 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 transaction in accordance with its usual and customary pro- cedure. In the event Sellers fail to tender a deed conveying said property in accordance with the terms of the contract within the time provided herein, Buyer may enforce performance of this con- tract by an action for specific performance thereof. 8. Buyer agrees to accept title subject to all outstanding restrictive covenants and use restrictions, if any, of record, and all city zoning and regulatory ordinances, easements, rights-of-way, mineral and royalty reservations, and encroachments, if any, of record or apparent on the property, and all other matters of title accepted by Buyer pursuant to the provisions of paragraph 3 above. 9. It is understood by all parties hereto that this trans- action is to be closed through the title insurance company or title guaranty company on or before ninety (90) days from this date. Possession to be given to Buyer upon execution of Deed by Sellers and payment to Sellers of the consideration therefor. 10. By Sellers' execution hereof, Sellers acknowledge that they have read this agreement and 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 obtain such authorization and execute this agreement within sixty (60) 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. Bayfront Science Park Parcel 68 Dougherty -et al -3- 11. Buyer has inspected the property, and Sellers make no warranty whatsoever with respect to its condition or fitness for any particular use. EXECUTED in triplicate, all of which shall constitute but one original, on this the 114 day of A LI , 1980. Bayfront Science Park Parcel 68 MAY DOUGHERTY RING, In5c1}xvidua11y and as Independent Co -Executor of the Estate of Genevieve Tarlton Dougherty BEN F. VAUG , I, I . vidually, as Independent Executor of the Estate of Gene e Tarlton Dougherty, and as Independent Co -Executor of the Estate of Benjamin Dudley Tarlton Dougherty J. CHRYSDOUGHERTY, as Independent Co -Executor of thA Estate of -- Benjamin Dudley Tdrlton Dougherty V Cti ROBERT Y. WHEELER, a Independent Co -Executor of the Estate of Benjamin Dudley Tarlton Dougherty BEN F. VAUGHAN, JR , as stee of the Genevieve Vaughan Rossi-Landi 1970 Revocable Trust -4- ATTEST: City Secretary APPROVED AS TOLE . GAL FORM THIS /Ig day of LCC t , 1980 ./Virvc gh�City Atto rftysi, L4 THE STATE OF TEXAS X COUNTY OF NUECES X SELLERS CITY OF CORPUS CHRISTI By City Manager BUYER 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 as the act and deed of the CITY OF CORPUS CHRISTI for the purposes and considera- tion therein expressed and in the capacity therein stated. Given under my hand and seal of office this day of Bayfront Science Park Parcel 68 Dougherty -et al , 1980. Notary Public in and for Nueces County, Texas -5- • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) August 22, 1980 I certify to the City Council that $ 21,685.00 , 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 209 Community Convention Facility Bond Fund Project No. 209-76-1.3 Project Name Community Convention Center from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • Bayfront Science Park Parcel 68 G° 1g) 17./ nfi FIN 2-55 Rerised 7/31/69