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Home My WebLink About16227 ORD - 05/06/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF DRAINAGE RIGHT OF WAY IN CONNECTION WITH AGREEMENT BETWEEN THE CITY AND SITTERLE/ PROPERTIES AS PERTAINS TO THE GABRIEL TERRACE - WEST OSO DRAINAGE OUTFALL PROJECT; APPROPRIATING OUT OF THE NO. 295 STORM SEWER BOND FUND FOR PROJECT NO. 295-72-2, THE SUM OF $19,550 OF WHICH $19,208 IS FOR ACQUISITION AND $342 IS FOR INCIDENTAL COSTS RELATED TO CLOSING; 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 execute documents necessary for the acqui,stibn of drainage'right of way in connection with agreement between the Cihand Sitterle'_,Properties as pertains to the Gabriel Terracer.- West Oso Drainage Outfall Project. SECTION 2. That there is hereby appropriated out of the No. 295 Storm Sewer Bond Fund for Project No. 295-72-2, the sum of $19,550 of which $19,208 is for acquisition and $342 is for incidental costs related to closing. SECTION 3. The necessity to authorize execution of documents necessary for acquisition of the above described right of way and appropri- ation of sums necessary to acquire said right of way creates a public emergency and 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 or Council members, having declared that such emergency and necessity exist, having requested the sus- pension of the Charter rule 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 �j day of May, 1981. ATTEST: �GS�•GG U% /%% `!' City" ecretary APPROVED: 6 DAY OF MAY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS 16227 chataitso SEP 71984 riel Terrace Drainage Outfall Project' ..sy. 44 to Kelly Ditch • Parcels and Sitterle REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between FRANK J. SITTERLE hereinafter called SELLER, of the County of Hexer, State of Texas, and the City of Corpus Christi, hereinafter called BUYER, of the County of Nueces, State of Texas, WITNESSETH: 1. The SELLER, for the consideration and upon the terms herein- after set out, hereby agree to sell and convey unto BUYER, and BUYER agrees to buy the following described property situated in Nueces County, Texas, and as shown in Exhibit A hereto, to -wit: TRACT #1 Description of a tract of land, containing 0.404 acres of land, more or less, out of Lot 1, Section 5, Range V111, Gugenheim and Cohn's Farm Lots, as recorded in Volume A, page 53, Map Records, Nueces County, Texas. Beginning at a 3/4" iron pipe in the south right- of-way line of Bear Lane, a 60' wide road, from whence the intersection of said right-of-way line with the northeast righ-of-way line of South Padre Island Drive bears S 89 39' 43"W, 3481.17 feet; Thence S 0° 01' 52"E, 330.51' to a 5/8" iron rod for corner; Thence S 48° 50' 59"W, 66.37'to a 5/8" iron rod for corner; Thence N 0° 01' 52"W, 373.89'to a 5/8" iron rod for corner; Thence N 89° 39' 43"E, 50.00'to the point of begin- ning, said tract containing 0.404 acres of land, more or less TRACT #2 Description of a tract of land containing 1.56 acres of land, more or less, out of Lot 9, Section 5, Range V111, Gugenheim and Cohn's Farm Lots, as recorded at Volume A, Page 53, Map Records, Nueces County, Tx. Beginning at a concrete monument from whence a concrete monument set in the southeast right-of-way lire of Old Brownsville Ro$d, a 120' wide road,bears S 89 42' 48"W, 7.65' and N 53 48' 29"W, 444.10'; ti Thence, with the west line of St. Martin's Subdi- . vision as recorded at Volume 32, p$ge 126, Map Records, Nueces County, Texas, S 0 08' 12"E, 300.00' to a 5/8" iron rod for corner; Thence, with the youth line of said St. Martin's Subdivision, N 89 42' 48"E, 44.00' to a 5/8" iron rod for corner; Thence S 0° 08' 12"E, 492.49' to a 5/8" iron rod for corner; Thence S 49° 04' 47"W, 64.63' to a 5/8" iron rod set in the northeast line of Gabriel Terrace as recorded at Volume 30, page 15,.fiap Records, Nueces County, Texas; Thence N 40° 55' 13"W, 100.00' to a 5/8" iron rod set for corner; Thence N 49° 04' 47"E, 18.82" to a 5/8" iron rod for corner; Thence N 0° 08' 12"W, 746.45' to a 5/8" iron rod for corner; Thence N 89° 42' 48"E, 56.00' to the point of begin- ning, said tract containing 1.56 acres of land, more or less. 2. The purchase price is NINETEEN THOUSAND, TWO HUNDRED EIGHT DOLLARS AND NO CENTS ($19,208.00). 3. The SELLER shall provide at the expense of BUYER, a title insu- rance 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 transaction. 4. Upon the securing of the title insurance policy provided for herein, SELLER agree(s) to deliver at the expense of BUYER a good and suffi- cient 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 SELLER up to and including the year 1980.- 6. All current taxes, if any, are to be prorated between the BUYER and the SELLER for the year 1981 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 NONE as earnest money hereunder to be ap- plied on the cash payment above set out when the transaction is closed, at abriel Terrace Drainage Outfall Project wy. 44 to Kelly Ditch arcels and itterle 0 -2- 'S ich 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 SELLER 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 tran- saction in accordance with its usual and customary procedure. In the event SELLER fail(s) to tender a deed conveying said property in accordance with the terms of the contract within the time provided herein, the BUYER may enforce performance of this contract by an action for specific per- formance therof. 8. The 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, of any, applicable to said property. 9. It is understood by_all:parties.hereto.that this transaction is to be closed through the title insurance company or title guaranty com- pany on or before thirty (30) days from this date. Possession to be given to BUYER upon execution of "Warranty Deed" by SELLER. 10. The BUYER agrees to the utilization of the westmost twelve (12) feet of Tract #2 as a utility easement, to be dedicated when the SELLER plats, the adjacent property thereto. Said utility easement shall be avai- lable for any or all public service utilities required by the SELLER, his 4.vd S/iA« .4F successors or assigns, to serve the property adjacent to Tract #2. u—oEc9Rm«-,d • /y 11. The BUYER and SELLER mutually agree and understand that Tract #1 �+ and Tract #2 are for the drainage improvements established for the Gabriel Terrace Drainage Outfall Project, City of Corpus Christi. Any and all mat- erials excavated therefrom by the SELLER, at his expense, for the purpose of installing the necessary and/or agreed upon drainage ditch system therein shall be retained by the SELLER for his exclusive use. EXECUTED in triplicate, either copy of which shall constitute an ori- ingal, on this the t4 day of ANN,p.y 19if1 F"NK J. SITTE SELLER ;abriel Terrace Drainage Outfall Project Iwy. 44 to Kelly Ditch 'arcel and >itterle BY: CITY OF CORPUS CHRISTI, TEXAS BUYER CITY NAGER -3- EST: APPROVED . pi DAY OF , 19 CITY SECRETARY ASSISTANT THE STATE OF TEXAS COUNTY OF NUECES II BEFORE ME, the undersigned authority, on this day personally appeared R. Marvin Townsend, City Manager of teh 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 con- sideration 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 Notary Pu 0 THE STATE OF TEXAS COUNTY OF BEXAR Not` My Commission Expire and for Nueces:•County, Texas LOU VARGO State of Texas. BEFORE ME, the undersigned authority, onthis day personally appeared FRANK J. SITTERLE 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 purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, t i<;day of);19 ,P7 Notary Public in 'and"fo.�Bexar County, Texas APPROVED: (7 day of J. BRUCE 00K, CITY By ORNEY , 1981. Assistant City jrney abriel Terrace Drainage Outfall Project wy. 77 to Kelley Ditch arcels and itterle adit:11' 1 AUTHORIAL BY COUNCIL. _..5--nn6-8'1 SECR RR+' -4- lac42 LAME Pekerson ' GITy Acq//.Q.6P a y oUKWASE Soran son J�� ,/J�h 60'& Ac,Tsv POAD 90' 12,0G MAY 8/ / IAE/)IcaraA EASEAlaAir CITY PJP..PEPTy 90' KETA/NE'/7 • Sorznson CZai D IlT .qA k,16L TEINAC . O1.1:TFALL CITY OF CORPUS CBRISTI, TEXAS CERPIFICATION OF FUNDS (City Charter Article IV Section 21) May 5, 1981 I certify to the City Council that $ 19,550 , 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 Project No. Project Nave 295 Storm Sewer Bond Fund 295-72-2 Gabriel Terrace Drainage Outfall from which it is proposed to be drawn, and such Honey is not appropriated for other purpose. Gabriel Terrace Drainage Outfall Acquisition of drainage R.O.W. as per SITTERLEE AGREEMENT. h4 �\ / -55 Revised 7/31/69 , 19e/ anY Corpus Christi, Texas Q day of LVY2, 19i( 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, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, 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, Respectfully, Council Members MAYOR /� The City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley . Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky Qu Q QZ-Ai6 0,A4n-a O. 16227 X227