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Home My WebLink About16695 ORD - 11/11/1981sp;11/10/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF A PARCEL OF LAND FOR THE HORNE ROAD STREET IMPROVEMENTS, PROJECT NO. 220-77-10; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND THE SUM OF $6,756 OF WHICH $6,550 IS FOR ACQUISITION AND $206 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 documents necessary for the acquisition of a parcel of land for the Horne Road Street Improvements, Project No. 220-77-10. SECTION 2. That there is hereby appropriated out of the No. 220 Street Bond Fund the sum of $6,756 of which $6,550 is for acquisition and $206 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 executing the aforesaid documents so that the Horne Road street improvements can begin at the earliest practical date, 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 emer- gency measure this the /1 day of November, 1981. ATTEST: Cit Secretary MAYOR THE W TY OF CORPUS CHRISTI, TEXAS APPROVD: //Q'—DAY OF NOVEMBER, 1981 Bruce B Aycock City Attorney 16695 Stp 28 1984 MIC80F_1LMED Horne Road Street Improvements (corner of Barre,r1 Street) -Columbia Pirk.: y to Old Bro:;ae;Li1e Rd. Parcel -1- THE STAT:., CF 2_.XAS COUNTY OF JCS ) ) HEAT., ESTA`"-. SALES C" -' - L' This reTorandua of agreement ztade and entered into by and between Lauro Ybanez, hereinafter called Seller(s), of the Comity 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 nroperty situated in Nueces County, Texas, to -wit: Being an irregularly shaped tract out of Lot 1, Block 3, Molina Subdivision as recorded in Volume 9, Page 53, Map Records, Nueces County, Texas: Beginning at the northwest corner of said Lot 1; Thence along the existing south Horne Road right-of- way line, being the arc of a circular curve to the right whose angle = 33° 01' 25", radius = 336.15 feet, tangent = 99.65 feet, a distance of 193.75 _feet to the point of tangency; Thence S. 57° 02' 35"E., along said right-of- way line, a distance of 19.27 feet to a point for a corner; Thence N. 70° 04' W., 71.5 feet to the point of cur- vature of a circular curve to the left; Thence along the arc of said curve whose angle = 10° 37' 28", radius = 674.2 feet, tangent = 62.69 feet, a distance of 125.02 feet to a point of continuing curvature; Thence along the arc of a circular curve to the left, whose angle = 98° 44' 32", radius = 10.0 feet, tan- gent = 11.65 feet, a distance of 17.23 feet to the point of tangency; Thence N. 0° 34' E., along the east right-of-way line of 50 foot wide Barrera Street 19.28 feet to the point of beginning and containing 0.069 acres, more or less. fj •7/7 L -r': 5- �' �- NO' /9-4 /9.2' /I= -?,-_5"-(14. ?2 L_/7.23' ^-- v A✓57'02 "35"V ,lam G CORPUS CH S I, CX. -,S -.iv -j.. .':_Jr _. r • ,c^ Y,J (Lot 1', E;lock 3, -'olzna /227' . .E IT REVISED 10-30-81 /07- / - Q. .5 Ac -is EL. n C 6f/6 /76,q,--75 THE STATE OF TEXAS COUNTY OF NUECES x 1 BEFORE ME, the undersigned authority, on this day personally appeared Felipe Ybanez, as agent and attorney-in-fact for: -Lauro Ybanez, 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 MY hand and seal of office, this the q rµ day of ASDd. , 1981. tary Public in'bd f Texas JOE M. RAYMOND, JR. Notary Public in and for the State of Texas My Commission -Expires 3' 3 - RS "Real Estate Sales Contract" Horne Road St. Impr. (corner of Barrera St.) -Ybanez EXECUTED in triplicate, either copy of which shall constitute an original, an this, the LI" day of 14.1"• , 198 1 CITY OF CORPUS CHRISTI, TEXAS By: Lauro Ybanez (1 Ernest Briones, Acting FtL�.1 PiL 413n,dlzz SELLER City Manager A5 1'C5I1T Arta NTTc N1b(- /N- FACT Fc,7. Lavrc 4BAN4. BUYER ATTEST: APPROVED AS TO LEGAL FORM THIS BRUCE J. AYCOCK, CITY ATTORNEY Bill G. Read City Secretary THE STATE OF TEXAS COUNTY OF NUECES X y % Attorney At Assistant Ci BEFORE ME, the undersigned authority, on this day personally ap- 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 , 198 1 . Notary Public in and for the State of Texas "Real Estate Sales Contract" Horne Road St. Impr. orccelure. In the event Seller(s) fail(s) to tenter a deed ccnveyinz said pro_:ertf in accordance with the terns of the contract within the time orovided herein, the Buyer may enforce _ _'c_ ._... _ of this co..,___: by an action for scecifis rrorr_a nce 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 oa.or before ninety (90) days from this date. Possession to be given to Buyer upon execution of "Warranty Deed" by Seller(s). 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. 11. The house presently located within the taking must be moved 11, :30 ss,,z.• outside the new right-of-way line subject to City code within E5.days after closing of this transaction. al Estate Srles Contract" erne Road St. Impr. corner of Barrera St.) -Yban,z -3- 2: The'purchase price is Six thousand Five hundred Fifty. , Dollars and no cents ($6,550.00); to include $2,300.00 for land and $4,250.00 for moving the improvements outside the new right-of-way line. 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. ii. 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 $650.00 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" Horne Road St. Impr. (corner of Barrera St.) -Thine? -2 - , CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) November 5, 1981 I certify to the City Council that $ 6,756.00 , 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 220 Street Bond Fund Project No. 220-77-10 Project Name Horne Road Street Improvements -Columbia parkway to Old Brownsville Road frau which it is proposed to be drawn, and such money is not appropriated for any other purpose. -acquisition- Parcel -1- 2-55 ised 7/31/69 � — /( , 19 8' t Corpus Christ', -xas // day of i , 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, Council Members The above ordinance Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS was passed by the following vote: 18695