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HomeMy WebLinkAbout16439 1/2 ORD - 08/05/19811s:08/03/81;lst, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONVEY BY SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO JOSE EDUARDO RUIZ AND WIFE, BLANCA LETICIA RUIZ, A PARCEL OF LAND DESCRIBED AS LOTS 10 AND 11, BLOCK 2, LA PALOMA ADDITION, TN THE CITY OF CORPUS CHRISTI, NUECES COUNTY TEXAS (1211 ELGIN ST.) FOR A CON- SIDERATION OF $2,510, ALL,AS'JFULLY SET FORTH IN THE SPECIAL WARRANTY DEED WITH VENDOR'S LIEN, DEED OF TRUST AND THE PROMISSORY NOTE, A COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED, RESPECTIVELY, EXHIBITS "A", "B" AND "C"; 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 Jose Eduardo Ruiz and wife, Blanca Leticia Ruiz, that parcel described as Lots 10 and 11, Block 2, La Paloma Addition, in the City of Corpus Christi, Nueces County, Texas for a consideration of $2,510, all as fully set forth in the Warranty Deed with Vendor's Lien, Deed of Trust and the Promissory Note, a copy of each being attached hereto and made a part hereof, marked, respectively, Exhibits "A", "B" and "C" SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to convey the above described parcel in order to return the same to the tax rolls, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall;, take effect upon first reading as an emergency measure this day of 1981. ATTEST: eta ' "CSecretary APPROVED: 3AY OF AUGUST, 1981: J. B UCE AYCOCK, CIS ATTOR Y By City A rney THE CITY OF CORPUS CHRISTI, TEXAS 161391/0- 111140.11.44 "SEP 2'7 lQ$34. SPECIAL WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS COUNTY OF NUECES X KNOW ALL MEN BY THESE PRESENTS: EXHIBIT "A" That 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 Dollars ($10.00) and other valuabl 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 TWO THOUSAND TWO HUNDRED FIFTY DOLLARS ( $2,250.00 ) payable to the order of Grantor in monthly installments and bearing interest as therein provided, containing the usual clauses providing for acceler- ation 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 Jose Eduardo Ruiz and wife, Blanca Leticia Ruiz of the County of Nueces, State of Texas, all of the following described real property in Nueces County, Texas to -wit: All of Lots 10, 11, Block 2, La Paloma Addition, a sub- division of the City of Corpus Christi, Texas as shown by the map or plat hereof, as recorded in Volume 1473, Page 153 of the Map Records of Nueces County, Texas. 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, their 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, their heirs and assigns, against every person whomsoever law- fully claiming or to claim the same or any part thereof by, through or under the City of Corpus Christi; but not otherwise. 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 to the face, tenor, effect and reading thereof, when this Deed shall become absolute. EXECUTED this day of July , 198 1 ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend City Manager APPROVED: . DAY OF July , 1981 J. BRUCE AYCOCK, CITY ATTORNEY Assistant City Attorney THE STATE OF TEXAS T COUNTY OF NUECES X BEFORE ME, the undersigned authority on this day personally appeared R. Marvin Townsend, City Manager of the CITY OF CROPUS 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 consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this day of July 1981. "Special Warrant Deed with Vendor's Lien" Jose Eduardo Ruiz Notary Public in and for the State of Texas tr THE STATE OF TEXAS COUNTY OF NUECES Prep ,e.l by 'he State liar of Tern for u.c by Lawyers only'. Revised 1.1-75 To select the proper form. fill in blurt sparer, srnl.d out form pealimens, or In rerr spetkal refills to,IStltmet the practice of tat. Vo "standard form" can alert all regllr'tmentr. DEED OF TRUST } EXHIBIT ',53't', KNOW ALL MEN BY THESE PRESENTS: That we, Jose Eduardo Ruiz and wife Blanca Leticia Ruiz of ........ .....Nueces County, Texas, hereinafter called Grantors (whether one or more) for the purpose of securing the indebtedness hereinafter described, and in consideration of the sum of TEN DOLLARS (510.00) to us in hand paid by the Trustee hereinafter named, the receipt of which is hereby acknowledged, and for the further consideration of the uses, purposes and trusts hereinafter set forth, have granted, sold and conveyed, and by these presents do grant, sell and convey unto Harold Zick , Trustee, of Nueces County, Texas, and his substitutes or successors, all of the following described property situated in Nueces County, Texas, to -wit: All of Lots Ten (10) and Eleven (11), Block 2, La Paloma Addition to the City of Corpus Christi, Texas, as shown by the map or plat thereof, recorded in Volume 1473,'Page 153, Map Records, Nueces County, Texas. TO HAVE AND TO HOLD the above described property, together with the rights. privileges and appurtenances thereto belonging unto the said Trustee, and to his substitutes or successors forever. And Grantors do hereby bind themselves, their heirs, executors. administrators and assigns to warrant and forever defend the said premises unto the said Trustee, his substitutes or successors and assigns forever, against the claim, or claims, of all persons claiming or to claim the same or any part thereof., by, through or under the City of Corpus Christi, but not otherwise. This conveyance, however- is made in TRUST to secure payment of one ' promissory note ......... of even TWO THOUSAND TWO HUNDRED AND FIFTY DOLLARS AND NO date herewith in the principal sum of CENTS executed by Grantors, payable to the order of Dollars (S 2,250.00 the City of Corpus Christi, at the office of the Director of the Department of Finance in the City of Corpus Christi Nueces County, Texas as follows, to -wit: t.� hearing interest as therein stipulated. pros iding for acceleration of maturity and fon .\ttot t'ey's fees; Should Grantors do and perform all of the covenants and agreements herein contained. and make prompt payment of said indebtedness as the sante shall become due and payable. then this conveyance shall become null and sold and of no further force and effect, and shall be released at the expense of Grantors, by the holder thereof. hereinafter called Beneficiary (whether one or more). Grantors cosenant and agree as follows: That they are lawfully seized of said property, and have the right to consey the same: that said property is free from all liens and encumbrances, except as herein prosided. To protect the title and possession of said property and to pay when due all taxes and assessments now existing or hereafter lasted or assessed upon said property, or the interest therein created by this Deed of Trust, and to preserve and maintain the lien hereby created as a first and prior lien on sand property including any improvements hereafter made a part of the realty. To keep the improsements on said property in good repair and condition, and not to permit or commit any waste thereof; to keep said buddines occupied so as not to impair the insurance carried thereon. To insure and keep insured all improsements now or hereafter created upon sad property against loss or dantagc by fire and sandstorm, and any other hazard or hazards as may be reasonably required from time to time�be Beneficiary during the term of the indebtedness hereby secured to the extent of the original amount of the indebtedness hercoy secured, or to the extent of the full insurable salve of said improsements. whichever is the lesser, in such form and with such Insurance Company or Companies as may be approsed by Beneficiary. and to deliver to Beneficiary, the policies of such insurance basing attached to sand policies such mortgage indemnity clause as Beneficiary shall direct; to deliver renewals of such policies to Beneficiary at least ten (10) days before any such insurance policies shall expire: any proceeds which Beneficiary may reeetye under any such policy, or policies. may he applied by Beneficiary, at his option. to reduce the indebtedness hereby secured. sshether then matured or to mature in the future, and in such manner as Beneficiary may elect, or Beneficiary may permit Grantors to use said proceeds to repair or replace all improvements damaged or destroyed and covered by said policy. That in the esent Grantors shall fail to keep the improvements on the property hereby conseyed in good repair and condition, or to pay promptly when due all taxes and assessments, as aforesaid, or to preserve the prior lien of this Deed of Trust on said property, or to keep the buildings and improsements insured, as aforesaid, or to deliser the policy, or policies, of insurance or the renewal thereof to Beneficiary, as aforesaid, then Beneficiary may, at his option, but without being required to do so, make such repairs, pay such taxes and assessments, purchase any tax title thereon. remose any prior liens, and prosecute or defend any suits in relation to the preservation of the prior lien of this Deed of Trust on said property, or insure and keep in- sured the improvements thereon in an amount not to exceed that above stipulated; that any sums which may be so paid out by Beneficiary and all sums paid for insurance premiums, as aforesaid, including the costs, expenses and Attorney's fees paid in any suit affecting said property when necessary to protect the lien hereof shall bear interest from the dates of such payments at ten per cent (10%) per annum, and shall be paid by Grantors to Beneficiary upon demand, at the same place at which the above described note is payable, and shall be deemed a part of the debt hereby secured and recoverable as such in all respects. That in the event of default in the payment of any installment, principal or interest, of the note hereby secured, in accord- ance with the terms thereof, or of a breach of any of the covenants herein contained to be performed by Grantors. then and in any of such events Beneficiary may elect, Grantors hereby expressly waiving presentment and demand for payment, to declare the entire principal indebtedness hereby secured with all interest accrued thereon and all other sums hereby secured immediately due and payable, and in the event of default in the payment of said indebtedness when due or declared due, it shall thereupon. or at any time thereafter, be the duty of the Trustee, or his successor or substitute as hereinafter provided, at the request of Beneficiary (which request is hereby conclusively presumed), to enforce this trust; and after advertising the time, place and terms of the sale of the above described and conveyed property, then subject to the lien hereof, for at least twenty-one (21) days preced- ing the date of sale by posting written or printed notice thereof at the Courthouse door of the county where said real property is situated, which notice may be posted by the Trustee acting, or by any person acting for him, and the Beneficiary (the holder of the indebtedness secured hereby) has, at least twenty-one (21) days preceding the date of sale. served written or printed notice of the proposed sale by certified mail on each debtor obligated to pay the indebtedness secured by this Deed of Trust according to the records of Beneficiary, by the deposit of such notice, enclosed in a postpaid wrapper, properly addressed to such debtor at debtor's most recent address as shown by the records of Beneficiary, in a post office or official depository under the care and custody of the United States Postal Service, the Trustee shall sell the above described property, then subject to the lien hereof. at public auction in accordance with such notice at the Courthouse door of said county where such real property is situated (pro- vided where said real property is situated in more than one county, the notice to be posted as herein provided shall be posted at the Courthouse door of each of such counties where said real property is situated, and said above described and conveyed property may be sold at the Courthouse door of any one of such counties, and the notices so posted shall designate the county where the property will be sold), on the first Tuesday in any month between the hours of ten o'clock A.M. and four o'clock P.M., to the highest bidder for cash, selling all of the property as an entirety or in such parcels as the Trustee acting may elect, and make due conveyance to the Purchaser or Purchasers, with general warranty binding Grantors, their heirs and assigns; and out of the money arising from such sale, the Trustee acting shall pay first, all the expenses of advertising the sale and making the conveyance, including a commission of five per cent (5%) to himself, which commission shall be due and owing in addition to the Attorney's fees provided for in said note, and then to Beneficiary the full amount of principal, interest, Attorney's fees, and other charges due and unpaid on said note and all other indebtedness secured hereby, rendering the balance of the sales price, if any, to Grantors, their heirs or assigns; and the recitals in the conveyance to the Purchaser or Purchasers shall be full and conclusive evidence of the truth of the matters therein stated, and all prerequisites to said sale shall be presumed to have been performed, and such sale and conveyance shall be conclusive against Grantors, their heirs and assigns. It is agreed that in the event a foreclosure hereunder should be commenced by the Trustee, or his substitute or successor. Beneficiary may at any time before the sale of said property direct the said Trustee to abandon the sale, and may then institute suit for the collection of said note, and for the foreclosure of this Deed of Trust lien; it is further agreed that if Beneficiary should institute a suit for the collection thereof, and for a foreclosure of this Deed of Trust lien, that he may at any time before the entry of a final judgment in said suit dismiss the same, and require the Trustee, his substitute or successor to sell the property in accordance with the provisions of this Deed of Trust. Beneficiary shall have the right to purchase at any sale of the property, being the highest bidder and to have the amount for which such property is sold credited on the debt then owing. • Beneficiary in any event is hereby authorized to appoint a substitute trustee, or a successor trustee, to act instead of the Trustee named herein without other formality than the designation in writing of a substitute or successor trustee; and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness hereby secured has been paid in full, or until said property is sold hereunder, and each substitute and successor trustee shall succeed to all of the rights and powers of the original trustee named herein. In the event any sale is made of the above described property, or any portion thereof, under the terms of this Deed of Trust, Grantors, their heirs and assigns, shall forthwith upon the making of such sale surrender and deliver possession of the property so sold to the Purchaser at such sale, and in the event of their failure to do so they shall thereupon from and after the making of such sale he and continue as tenants at will of such Purchaser, and in the event of their failure to surrender possession of said rya ;�,;� T property' upon demand. the Purchaser, his heirs detainer of said property in the Justice of `tai 'Pe situated. it �...4. .._ ens, shall be eptit'ed, to institute and maintain an action for forsii•Ic xrt in tha�Jtfjhac l?restiii.t in which suvh pr: petty, or any part thereof, is It is agreed that the lien hereby created shall take precedence mer and he a prior lien to any other lien of any character whether sendor's. materialmen's or mechanic's lien hereafter created on the abose described property, and in the event the proceeds of the indebtedness secured hereby as set forth herein arc used to pay off and satisfy any liens heretofore existing on said property, then Beneficiary is, and shall be, subrogated to all of the rights, liens and remedies of the holders of the in- debtedness so paid. •— • It is further agreed that if Grantors. their heirs or assigns. while the owner of the hereinabove described' property. should commit an act of bankruptcy, or authdrize the filing of a voluntary• petition in bankruptcy. or should an act of bankruptcy he committed and involuntary proceedings instituted or threatened, or should the property hereinabove described be taken oscr by a Receiver for Grantors. their heirs or assigns, the note hereinabove described shall, at the option of Beneficiary, immediately become due and payable, and the acting Trustee may then proceed to sell the same under the provisions of this Deed of Trust. As further security for the payment of the hereinabove described indebtedness, Grantors hereby transfer, assign, and convey unto Beneficiary all rents issuing or to hereafter issue from said real property, and in the went of any default in the payment of said note or hereunder, Beneficiary, his agent or rcpresentatise. is hereby authorized, at his option, to collect said rents, or if such property is vacant to rent the same and collect the rents, and apply the same, less the reasonable costs and expenses of . collection thereof, to the payment of said indebtedness. whether then matured or to mature in the future, and in such manner as Beneficiary may elect. The collection of said rents by Beneficiary' shall not constitute a waiver of his right to accelerate the maturity of said indebtedness nor of his right to proceed with the enforcement of this Deed of Trust. It is agreed that an extension. or extensions, may be made of the time of payment of all, or any part, of the indebtedness secured hereby, and that any part of the above described real property may be released from this lien without altering or affecting the priority of the lien created by this Deed of Trust in favor of any junior encumbrancer, mortgagee or purchaser, or any person acquiring an interest in the property hereby conveyed, or any part thereof: it being the intention of the parties hereto to preserve this lien on the property herein described and all improsements thereon, and that may he hereafter constructed thereon, first and superior to any liens that may be placed thereon, or that may be fixed, given or imposed by law thereon after the execution of this instrument notwithstanding any such extension of the time of payment, or the release of a portion of said property from this lien. In the event any portion of the indebtedness hereinabove described cannot be lawfully secured by this Deed of Trust lien on said real property, it is agreed that the first payments made on said indebtedness shall be applied to the discharge of that portion of said indebtedness. Beneficiary shall be entitled to receive any and all sums which may become payable to Grantors for the condemnation of the hereinabove described real property. or any part thereof, for public or quasi -public use, or by virtue of private sale in lieu thereof, and any sums which may be awarded or become payable to Grantors for damages caused by public works or construction on or near the said property. All such sums are hereby assigned to Beneficiary, who may, after deducting therefrom all expenses actually incurred, including attorney's fees, release same to Grantors or apply the same to the reduction of the indebtedness hereby' secured, whether then matured or to mature in the future, or on any money obligation hereunder, as and in such manner as Beneficiary may elect. Beneficiary shall not be, in any event or circumstances, liable or responsible for failure to collect, or exercise diligence in the collection of, any such sums. Nothing herein or in said note contained shall ever entitle Beneficiary, upon the arising of any contingency whatsoever, to receive or collect interest in excess of the highest rate allowed by the laws of the State of Texas on the principal indebtedness hereby secured or on any money obligation hereunder and in no event shall Grantors be obligated to pay interest thereon in excess of such rate. - - If this Deed of Trust is executed by only one person or by a corporation the plural =reference to Grantors shall be held to include the singular and all of the covenants and agreements herein undertaken to be performed by' and the rights conferred upon the respective Grantors named herein, shall be binding upon and inure to the benefit of not only said parties respectively but also their respective heirs, executors, administrators, grantees, successors and assigns. Grantors expressly represent that this Deed of Trust and the Note hereby secured are given for the following purpose, to -wit: The indebtedness, the payment of which is hereby secured, is in part payment of the purchase price of the real property here- in described, and is also secured by a vendor's lien thereon retained in deed of even date to the undersigned, and this deed of trust is given as additional security for the payment of said in- debtedness. EXECUTED this day of July A. D. 1981. Jose Eduardo Ruiz Blanca Leticia Ruiz (Ack�� i .:ttgmeut) STATE OF rEX-\S COUNTY OF Before me, the undersigred authority, on this day personally appeared . Jose Eduardo Ruiz and wife, Blanca Leticia Ruiz, known to me to be the person 5 whose names are subscribed to the foregoing instrument, and acknowledged to me that ...... the y.... executed the same for the purposes and consideration therein expressed. A.D. 1931Given under my hand and seal of office on this the day' of July J Notary• Public in and for County, Texas My commission expires. - .................._.........._..., 19 (Printed or stamped name of notary) (Acknowledgment) THE STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. A D. 19 Given under my hand and seal of office on this the day of Notary Public in and for County, Texas. My commission expires , 19 DEED OF TRUST 0 F THE STATE OF TEXAS COUNTY OF TRUSTEE FOR } (Printed or stamped name of notary) (Corporate Acknowledgment) PREPARED IN THE LAW OFFICE OF: Before me, the undersigned authority, on this day personally appeared of a corporation, 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 consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on this the day of , A.D. 19 Notary Public in and for County, Texas. My commission expires , 19 (Printed or stamped name of notary) PROMISSORY NOTE $2,250.00 EXHIBIT "C" Corpus Christi, Texas July '27, 1981 For value received, 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 TWO THOUSAND TWO HUNDRED FIFTY DOLLARS ($2,250.00), in legal and lawful money of the United States of America, with interest thereon from date hereof until maturity at the rate of ten percent (107) per annum; ma- tured unpaid principal and interest shall bear interest at the rate of ten per- cent (10%) per annum from date of maturity until paid. This note is due and payable as follows, to -wit: In monthly installments of FORTY-SEVEN DOLLARS & 82/100 ($47.82.) 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 August 1, 1981, and the others regularly, and upon the 1st. 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: All of Lots 10, 11, Block 2, La Paloma Addition to the City of Corpus Christi, . Texas, as shown by the map or plat thereof, recorded in Volume 1473, Page 153, Map Re- cords, 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 Jose & Blanca Ruiz 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 under- signed agree and promise to pay a reasonable attorney's fee for collection, which in no event shall be less than ten percent (10%) of the principal and interest then owing. Each maker, surety, and endorser of this note expressly waives all notices, demands for payment, presentations for payment, notices of intention to acceler- ate 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. Jose Eduardo Ruiz Blanca Leticia Ruiz THE STATE OF TEXAS COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared Jose Eduardo Ruiz and wife, Blanca Leticia Ruiz, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office, this the day of July , 1981. Notary Public in and for the State of Texas "PROMISSORY NOTE" Corpus Christi, Texas 5 day of ,19R1 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we; therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, THE CITY OF CORPUS CHRISTI, TEXAS 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 aye_ 1.6439