HomeMy WebLinkAbout16548 ORD - 09/23/1981sp;9/21/810st
TEXAS:
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO CONVEY BY SPECIAL
WARRANTY DEED WITH VENDOR'S LIEN TO JOHN M.CLENDENING
LOT 16, BLOCK 5, CARVER ADDITION NO. 2, IN THE CITY
OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FOR A CONSID-
ERATION OF $2,850, ALL AS FULLY SET FORTH IN THE SPE-
CIAL WARRANTY DEED WITH VENDOR'S LIEN, DEED OF TRUST,
AND PROMISSORY NOTE, A SUBSTANTIAL COPY OF EACH BEING
ATTACHED HERETO AND MADE A PART HEREOF, MARKED RESPEC-
TIVELY EXHIBITS "A", "B", AND "C"; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized
to convey by Special Warranty Deed with Vendor's Lien to Gerald Clendening
Lot 16, Block 5, Carver Addition No. 2, in the City of Corpus Christi,
Nueces County, Texas, for a consideration of $2,850, all as fully set forth
in the Special Warranty Deed with Vendor's Lien, Deed of Trust, and Promis-
sory Note, a substantial 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 public con-
venience and necessity to sell aforesaid property, such finding of an emer-
gency 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 this 23 day of September, 1981.
ATTEST:
2/I2
Ci Secreta y
P V
DAY OF SEPTEMBER, 1981
J2ruce Aycoc , Ciy, Attorney
THE CT TY OF CORPUS CHRISTI, TEXAS
16548 SEP 2 71984
SPECIAL WARRANTY DEED WITH VENDOR'S LIEN
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES I
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 valuable
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 AND NO/100
($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 JOHN N. CLENDENING of the County of
Nueces, State of Texas, all of the following described real property in Nueces
County, Texas, to -wit:
All of Lot 16, Block 5, Carver
Addition No. 2, a subdivision
of the City of Corpus Christi,
. Texas as shown by the map or
plat hereof, as recorded in
Volume 1690, Pages 139-141 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 10 day of September , 1981 .
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
10
DAY OF September , 1981 .
J. BRUCE AYCOCK, CITY ATTORNEY
Assistant City Attorney
THE STATE OF TEXAS X
COUNTY OF NUECES X
By
R. Marvin Townsend
City Manager
s stant City !'a .ger
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 consideration
therein expressed and in the capacity therein stated.
GIVEN under my hand and seal of office this day of September
1981.
"Special Warranty Deed with Vendor's Lien"
John Clendening
Lot 16, Block 5, Carver Addn. #2
Notary Public in and for the State of
Texas
-2-
NOTICE
THE STATE OF TEXAS
COUNTY OF
Prepared by the State Bar of Texas for use by Lawyers only Revised I-1-76
To select the proper form, fill in blank spaces, strike out form provisions or,
insert special terms constitutes the practice of law•. No "standard form" can
meet alt requirements
That I, John M. Clendening,
DEED OF TRUST
}
KNOW ALL MEN BY THESE PRESENTS:
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 ($10.00) to us in hand paid by the
Trustee hereinafter named, the receipt of which is hereby acknowledged, and for the further consideration of the uses, purposes
and trusts hereinafter set forth, have granted, sold and conveyed, and by these presents do grant, sell and convey unto
Harold Zick
, Trustee, of Nu0.Ce_6 County, Texas, and his
substitutes or successors, all of the following described property situated in Nueces County,
Texas, to -wit:
All of Lot Sixteen (16), Block Five (5),
Carver Addition No. 2 to the City of
Corpus Christi, Texas, as shown by
the map or plat thereof, recorded, in
Volume 1690, Pages 139-141, Map Records,
Nueces County, Texas.
TO HAVE AND TO HOLD the above described property, together with the rights, privileges and appurtenances thereto
belonging unto the said Trustee, and to his substitutes or successors forever. And Grantors do hereby bind themselves, their heirs,
executors, administrators and assigns to warrant and forever defend the said premises unto the said Trustee, his substitutes or
successors and assigns forever, against the claim, or claims, of all persons claiming or to claim the same or any part thereof., by,
through or under the City of Corpus Christi, but not otherwise.
This conveyance, however, is made in TRUST to secure payment of one promissory note .. of even
date herewith in the principal sum of Two Thousand Two Hundred and Fifty Dollars and No
Cents
Dollars ($ 2,250.00
executed by Grantors, payable to the order of ...... ......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:
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bearing interest as therein stipulated, providing for acceleration of maturity and for Attorney's fees;
Should Grantors do and perform all of the covenants and agreements herein contained. and make prompt payment of said
indebtedness as the Same shall become due and payable, then this conveyance shall become null and void 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 covenant and agree as follows:
That they are lawfully seized of said property, and have the right to convey the same; that said property is free from all
liens and encumbrances, except as herein provided.
To protect the title and possession of said property and to pay when due all taxes and assessments now existing or hereafter
levied 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 said property including any improvements hereafter made a part of the realty.
To keep the improvements on said property in good repair and condition, and not to permit or commit any waste thereof; to
keep said buildings occupied so as not to impair the insurance carried thereon.
To insure and keep insured all improvements now or hereafter created upon said property against loss or damage by fire and
windstorm, and any other hazard or hazards as may be reasonably required from time to time by Beneficiary during the term of
the indebtedness hereby secured. to the extent of the original amount of the indebtedness hereby secured, or to the extent of the
full insurable value of said improvements, whichever is the lesser, in such form and with such Insurance Company or Companies
as may be approved by Beneficiary, and to deliver to Beneficiary the policies of such insurance having attached to said policies
such mortgage indemnity clause as Beneficiary shall direct; to deliver renewals of such policies to Beneficiary at least ten (l0) days
before any such insurance policies shall expire; any proceeds which Beneficiary may receive under any such policy, or policies,
may be applied by Beneficiary, at his option, to reduce the indebtedness hereby secured, whether 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 event Grantors shall fail to keep the improvements on the property hereby conveyed 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 improvements Insured. as aforesaid, or to deliver 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. remove 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 be and continue as tenants at will of such Purchaser, and in the event of their failure to surrender possession of said
•
property upon demand, the Purchaser, his heirs or assigns, shall be entitled to institute and maintain an action for forcible
detainer of said property in the Justice of the Peace Court in the Justice Precinct in which such property, or any part thereof, is
situated.
It is agreed that the lien hereby created shall take precedence over and he a prior lien to any other lien of any character
whether vendors, materialmcn's or mechanic's lien hereafter created on the above described property, and in the event the
proceeds of the indebtedness secured hereby as set forth herein are 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 authorize the filing of a voluntary petition in bankruptcy, or should an act of bankruptcy be
committed and involuntary proceedings instituted or threatened, or should the property hereinabove described be taken over by a
Receiver for Grantors, their heirs or assigns, the note hereinahove 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 event of any default in the payment of
said note or hereunder, Beneficiary, his agent or representative, 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.
1t 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 improvements thereon, and that may be 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 10th, day of September A. D. 19 81
/John M. Clendening �J
P
(Acknowledgment)
ATE OF TEXAS
COUNTY OF
Before me, the undersigned authority, on this day personally appeared
John 11. Clendening,
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.
Given under my hand and seal of office on this the /1 day of September , A.D. 19 81
Notary Public in and for Nueces County, Texas.
My commission —_
KENNETH T. KOHRS
(Prrgty °yd`10 Y Ecfn g b%ti. ,gate of Texas
(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.
Given under my hand and seal of office on this the day of , A.D. 19
THE STATE OF TEXAS
COUNTY OF
}
Notary Public in and for County, Texas.
My commission expires. , 19 .
(Printed or stamped name of notary)
(Corporate Acknowledgment)
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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
Corpus Christi, Texas
September 10 , 1981
For value received, I, as principal, 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 (10%) 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 Fifty -Seven Dollars & 07/100..($57.07) 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 October 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 expresslyretained 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:
A11 of Lot Sixteen (16), Block Five (5), Carver Addition
No. 2 to the City of Corpus Christi, Texas, as shown by
the map or plat thereof, recorded in Volume 1690, Pages
139-141, Map Records, 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
John M . Clendening
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.
L
John M. Clendening
THE STATE OF TEXAS Z
COUNTY OF NUECES I
BEFORE ME, the undersigned authority, on this day personally appeared
John M. Clendening,
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 /f day of
September , 198 1.
Notary Public in and for the State of
KENNETH T. KOTIRSas
Notary Public in and for the State efTe>t
My Commission Expire' / 2—/Z
"Promissory Note"
Corpus Christi, T as
.2.3 day , 1981
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,
Council Members
MAYO
THE C 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
16548