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Home My WebLink About16496 ORD - 08/26/1981sp;8/21/81;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACQUISITION OF TWO LOTS FOR THE EX- PANSION OF THE WATER DIVISION STORAGE YARD FROM MR. JOE ADAME, TRUSTEE; APPROPRIATING OUT OF THE NO. 141 WATER FUND, 141-361-541.71-501, $27,400 OF WHICH AMOUNT $27,000 IS FOR ACQUISITION AND $400 IS FOR 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 the necessary documents for the acquisition of two lots for the expansion of the water division storage yard from Mr. Joe Adame, Trustee, all as more fully set forth in the documents, substantial copies of which are attached hereto and made a part hereof marked Exhibit A. SECTION 2. That there is hereby appropriated out of the No. 141 Water Fund, 141-361-541.71-501, $27,400 of which amount $27,000 is for acquisition and $400 is for costs related to closing. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to a more efficient public service, 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 2t day of August, 1981. ATTEST: C" i�iytary 4: APPROVED:02/4YDAY OF AUGUST, 1981 J��y dAA ! Bruce 4ek, Ci tt orney MAYOR 16496 THE CITY OF CORPUS CHRISTI, TEXAS MICROFILMED SEP z 71984 Water Division Storage Yard Expansion -N. Alameda & Lipan Steets REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between Joe Adame, Trustee, hereinafter called Seller(s), of the County of Nueces, State of Texas, and the City of Corpus Christi, hereinafter called Buyer, of the County of Nueces, State of Texas, W ITNESSET H: 1. The Seller(s), for the consideration and upon the terms here- inafter set out, hereby agree to sell and convey unto Buyer, and Buyer agrees to buy the following described property situated in Nueces County, Texas, to -wit: Lots 1 and 2, Block 61, Bluff Portion of the City of Corpus Christi, Texas, as shown by the map or plat thereof, re- corded in Volume A, Page 3, Map Records, Nueces County, Texas. P.ige 1 of 5 2. The purchase price is TWENTY-SEVEN THOUSAND DOLLARS AND NO CENTS ($27,000.00). 3. The Seller(s) shall provide at the expense of Buyer, a title insurance 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 in- surance 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(s) agree(s) to deliver at the expense of Buyer a good and sufficient general warranty deed drawn in accordance with the pro- visions 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(s) up to and including the year 1980. 6. All current taxes, if any, are to be prorated between the Buyer and the Seller(s) 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 $1,000.00 as earnest money here- under to be applied on the cash payment above set out when the trans- action is closed, at which time the balance of cash consideration shall also be paid. Should the Bayer fail to consumate this contract as here- in specified for any reason, except title defects, the Seller(s) shall be entitled to receive said cash deposit as liquidated damages for the breach of this contract, or may at their option, enforce specific per- formance hereof. When the executed deed and any other necessary exe- cuted papers and the balance of the cash payment are in oossession of the title insurance company or title guaranty company said title company will close the transaction in accordance with its usual and customary 'w1 Estate Sales Contract" iter Division Storage Yard'Expn. )e Adame ' 't:e 2 of 5 procedure. In the event Seller(s) 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 performance thereof. 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, if 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 company on or before ninety (90) days from this date. Possession to be given to Buyer Seller(s). upon execution of "Warranty Deed" by 10. By Seller(s) execution hereof, Seller(s) acknowledge(s) that he (she) (they) have read this agreement and understand that this a- greement 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 execute this agreement within sixty (60) days from the date of Seller(s) execution or this agreement shall be null and void and none of the provisions hereinabove set out will bind either party. "Real Estate Sales Contract" liter Division Storage Yard Expn. ;oe Adame 2 ige 3 of 5 EXECUTED in triplicate, either copy of which shall constitute an original, on this the day of August , 19 81 . Jo Adame, Trustee ATTEST: BY: CITY OF CORPUS CHRISTI, TEXAS R. Marvin Townsend, City Manager SET.TFR BUYER City Secretary Approved: Assistant City Manager THE STATE OF TEXAS COUNTY OF NUECES APPROVED AS TO LEGAL FORM THIS /.13 DAY OF August , 1981 . J. BRUCE AYCOCK, CITY ATTORNEY By: X44' (fie, Assistar7 City Attorney 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 said 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 the _ day of August , 1981 . Notary Public in and for the State of Texas 'Real Estate Sales Contract" Liter Division Storage Yard Expn. Toe Adame Page 4 of 5 THE STATE OF TEXAS COUNTY OF NUECES BEFORE me, the undersigned authority, on this day personally appeared Joe Adame, known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument, and acknowledged to me that he (she) (they) exe- cuted the same for the purposes and consideration therein expressed. Given under shy hand and seal of office, this the /a i day of August , 19 81. Notary Public in and for the State of Texas KENNETH T. KOHRS Notary Public in apd for the State of Teltaa My Commission Expires— Teal Estate Sales Contract" :ter Division Storage Yard Expn. ' :ge 5 of 5 CITY OF CORPUS Cffi2ISTI, TEXAS CERTIFICATION OF EMS (City Charter Article IV Section 21) August 13, 1981 2 certify to the City Council that $ 27,400.00 , the amount required for the contract, agreement, obligation or expenditures contemplated is 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. 141 Water Fund 141-361-5411501 -501 Project Name Water Division Storage Yard Expansion fran which it is proposed to be drawn, and such money is not appropriated for any other purpose. Lots 1,2 Block 61 Bluff Portion , 19 P-/ iJ FIN 2-55 Revised 7/31/69 3i" Corpus Christi, Texas .27b day of 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, Respectfully, , 1981 Council Members MAYOR T CITY The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dunphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky CORPUS CHRISTI, TEXAS