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
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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
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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
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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
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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
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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)
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FIN 2-55
Rerised 7/31/69