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Home My WebLink About16570 ORD - 09/30/1981sp;9/28/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACQUISITION OF AN ADDITIONAL PARCEL OF LAND FOR THE NORTHWEST BRANCH LIBRARY; APPROPRIA- TING OUT OF THE NO. 269 LIBRARY BOND FUND PROJECT NO. 269-77-1 $3,300 OF WHICH AMOUNT $2,802 IS FOR ACQUI- SITION AND $498 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 the necessary documents for the acquisition of an additional parcel of land for the Northwest Branch Library all as more fully set forth in the documents, a substantial copy of which real estate sales contract is attached hereto and made a part hereof marked Exhibit "A." SECTION 2. That there is hereby appropriated out of the No. 269 Library Bond Fund, Project No. 269-77-1, $3,300 of which amount $2,802 is for acquisition and $498 is for incidental 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 the need of purchasing land so that the construction of the Northwest Branch Library may proceed in an orderly manner, such finding of an emergency is made and de- clared 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 30 day of September, 1981. ATTEST: Ci y Secretary NEED: DAY OF SEPTEMB R, 1981 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 16570 5EP 27 iaaj MICROFILMED Northwest Branch Library Site Project Parcel 1-A REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between Charles McKinzie, 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: Being a tract of land out of B.S. and F. Survey No. 417, Abstract No. 571, Corpus Christi, Nueces County, Texas, as recorded in Partition Deed filed in Volume 1450, Pages 520, 521, Deed Records and more particularly described by metes and bounds as follows: Beginning at the point of intersection of the centerline of 80 foot wide McKinzie Road -and the centerline of 60 foot wide Up River Road; Thence S. 09° 03' W., along the centerline of said McKinzie Road, a distance of 1,350.0 feet to a point being the beginning point of the tract of land herein described; Thence S. 80' 57' E., pass the easterly right-of-way line of said McKinzie Road at 40.0 feet, in all a distance of 400.0 feet to a point being the northeast corner of this tract; Thence S. 09°.03' W., a distance of 15.0 feet to a point being the southeast corner of this tract; Thence N. 80° 57' W., along the southerly boundary of the Charles McKinzie Tract, pass the easterly right-of-way line of above mentioned McKinzie Road of 360.0 feet, in all a distance of 400.0 feet to a point on the centerline of said McKinzie Road; Thence N. 09° 03' E., along the centerline of said McKinzie Road, a distance of 15.0 feet to the place of beginning and containing 0.138 acres, more or less. Excepting and reserving to Seller, however, all oil, gas and minerals in and under the above-described land, the reservation thereof to be in the following form in the deed hereinafter described; "There is excepted from this conveyance and reserved unto Grantor, their heirs, successors and assigns, all oil, gas and other minerals in and under the above-described land; provided, however, that any lease or contract currently in effect or hereafter made by Grantor for the oil, gas or mineral production and development of Grantors total acreage of 8.26 acres as recorded in Volume 1450, Pages 520, 521, Deed Records, Nueces County of which this acquisition of 0.138 acres is a part, shall not in anyway hinder or obstruct future use of said 0.138 acres by the Grantee. -1- ;x b 7a" • 2. The purchase price is TWO THOUSAND EIGHT HUNDERD TWO DOLLARS AND NO CENTS ($2,802.00). 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 for the year 1981 to date of closing, and said taxes will be paid by the Buyer. 7. Buyer has this day deposited with the title insurance company - or title guaranty company the sum of $150.00 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 Buyer 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 possession of the title insurance company or title guaranty company said title company will close the transaction in accordance with its usual and customary "Real Estate Sales Contract" Northwest Branch Library Site Project Parcel lA - McKinzie 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 Bayer 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— 'R,-2,a1 arty__ 'R a1 Estate Sales Contract" Northwest Branch Library Site Project -3- Parcel lA - McKinzie EXECUTED in triplicate, either copy of which shall constitute an original, on this the day of , 19 81 • Charles McKinzi ATTEST: SELLER City Secretary STATE of TERAS f "COUNTY OF NIECES BY: CITY OF CORPUS CHRISTI, TEXAS City Manager BUYER APPROVED AS TTO_ LEGAL FORM THIS ':DAY of �P6?1e,,, 1981 . Cit, ttorney (4t57-,) ouN cam, �ne��_ Assistant City Manager BEFORE ME, the undersigned authority, on this day personally appeared City Manager of The City of Corpus Christi, Texas, a Mhhicipal 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 ,he same as the act and deed of said City of Corpus Christi for the purposes end consideration therein expressed and in the capacity therein stated. 1IvEN UNDER MY HAND AHD SEAL OF OFFICE, this the _ day of , 19 81 "Real Estate Sales Contract" Northwest Branch Library Site Project Parcel 1-A Notary Public in and for Nueces County, Texas -4- THE STATE OF TEXAS COUNTY OF NUECES BEFORE me, the undersigned authority, on this day personally appeared Charles McKinzie, 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. -6C Given under my hand and seal of office, this the aCe — day of September , 19 81. Notary Public in and for the State of Texas KENNT111 T. KOHR8 i; - .•7y ?uStic in and for the Siam are lin My Commission Expire I '3e sl Estate Sales Contract" Northwest Branch Library Site Project • -5- Parcel 1-A S80`57E .#604' cfTY. ap z'RPu.S LIr 4eY s/rO '.-59.2°3'114 /5.0' "67W 46100' r ry, 4/7 ��^rf X- 5V i Hd,F?/NI TON LQ. :[TY OF CORNUS CHRISTI, TEXAS. :,EPARTMENT OF ENGINEERING a 'HYSICAL DEVELOPMENT. SIGHT OF WAY/ EASEMENT ACQUISITION. W N ER : Wi /liom E, ,{i1 °Kin.rie of DESCRIPTION : Parce/ thy, PROJECT:,rarnC/i G16raru DATE: ,1t/o. 2/, /97? SCALE: / " ° 206' 8Y: /�••� A,EA Good sP/o.138 4c CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) September 25, 1981 I certify to the City Council that $ 3,300.00 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinanc is in the Treasury of the City of arpus Christi to the credit of: Fund No. and Name 269 Library Bond Fund Project No. 269-77-1 Project Name Northwest Branch Library from which it is ptoised to be drawn, and such money is not appropriated for any other purpose. Parcel 1-A q FIN 2-55 Revised 7/31/69 Corpus Christi, Te _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 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 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 16570