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Home My WebLink About16802 ORD - 01/06/1982sp;1/5/82;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACQUISITION OF PARCEL 5 FOR THE WOOLDRIDGE-STAPLES DRAINAGE OUTFALL - PHASE 1, PROJECT NO. 295-70-66; APPROPRIATING OUT OF THE NO. 295 STORM SEWER BOND FUND, $91,500 OF WHICH $89,101 IS FOR ACQUI- SITION AND $2,399 IS FOR APPRAISAL SERVICES, RELOCATION AND 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 Parcel 5 for the Wooldridge -Staples Drainage Outfall - Phase 1, Project No. 295-70-66. SECTION 2. That there is hereby appropriated out of the No. 295 Storm Sewer Bond Fund, $91,500 of which $89,101 is for acquisition and $2,399 is for appraisal services, relocation and 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 documents necessary for the acquisition of the above mentioned parcel of land so that the Wooldridge -Staples Drainage Outfall project can continue on a timely basis, 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 the day of January, 1982. ATTEST: ApP_ROVED: (0C---; DAY OF JANUARY 1982 2i3r1.1cletoc ity Attorney THE CITY OF CORPUS CHRISTI, TEXAS 16802 SEP 2 8 1984 MICWILMED Wooldridge -Staples Drainage Outfall Parcel 5 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS § COUNTY OF NUECES § This memorandum of agreement made and entered into by and between Charlton A. Fairless and wife, Esther C. Fairless, 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 an irregularly shaped tract of land out of Lot A, Block 30, Bass Subdivision as shown by map of record in Volume 7, Page 17, Map Records, Nueces County, Texas and further des- cribed as follows: Beginning at the east corner of said Lot A; Thence S. 29° 04' 30" W., with the southeast line of said Lot A, a distance of 55.00 feet to a point; Thence in a westerly direction with the arc of a circular curve to the left whose central angle = 17° 07'-47", Radius = 510.13 feet, tangent = 76.83 feet, a distance of 152.51 feet to the point of compound curve of reverse curvatUre; Thence continuing in a westerly direction along the arc of a circular curve to the right whose central angle = 17° 07' 47", Radius = 730.04 feet, tangent = 109.95 feet a length of 218.26 feet to a point, the P.T. of said curve; Thence N. 60° 55' 30" W., a distance of 206.43 feet to a point in the west right of way of Airline Road; Thence N. 2° 29' 10" E., along said right of way, a distance of 123.01 feet to a point, the northwest corner of said Lot A, for the northwest corner of the tract herein described; Thence S. 60° 55' 30" E., with the north boundary of said Lot A, a distance of 626.76 feet to the point of beginning, containing 1.296 acres of land, more or less. at 5 • 2. The ourchase price is Eighty-nine thousand one hundred and one dollars and no cents ($89,101.00). 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 1981. 6. All current taxes, if any, are to be prorated between the Buyer and the Seller(s) for the year 1982 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 $4,400.00 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 custcmary "Real Estate Sales Contract" Wooldridge -Staples Drainage Outfall Parcel 5 - Fairless 2 of S 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 after January 1, 1 9 8 2. Possession to be given to Buyer upon execution of "Warranty Deed" by .S e 1 1 e r(s). 10. By Beller(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 ninety (90) 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. This sale is contingent upon the Grantor being granted a zon- ing change for the property remainder as shown on Exhibit "A", from R -1B to the same zoning as the adjoining lot (Lot B, Block 30, Bass Subdivision), namely B-4. It is understood that if said zoning change is not granted, then this contract shall be null and void. 12. It is understood that tenant will be given 30 days notice to vacate. "Real Estate Sales Contract" Wooldridge -Staples Drainage Outfall Parcel 5 - Fairless oE 5 EXECUTED in triplicate, either copy of which shall constitute an original, on this the day of , CITY OF CORPUS CHRISTI, TEXAS 4 e-eaa4 Charlton A. Fairless r . BY: Ernest Briones Esther C. Fairless Acting City Manager SELLERS BUYER ATTEST: City Secretary THE STATE OF TEDCAS COUNTY OF NUECES APPROVED AS TO LEGAL FORM THIS 1241.DAY OF oc.761,., 1981 city/Attoijiey 13. DOCGEY BEFORE ME, the undersigned authority, on this day -personally appeared. Ernest Briones, Acting City Manager of the City of Corpus Christi, Texas, 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 , 1981 . Notary Public in and for the State of Texas "Real Estate Sales Contract" Wooldridg-Staplcs Drainage OutEall 'rcel THE STATE OF TEXAS COUNTY OF NUECES BEFORE me, the undersigned authority, on this day personally appeared Charlton A. Fairless and wife, Esther C. Fairless, 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. --"&e Given under my hand and seal of office, this the e//2 day of , 1981. Notary Public in and for the State of Texas T. KCIHRS • . y i,c aril the Sfaje of Texas "Real Estate Sales Contract" Wooldridge -Staples Drainage Outfall Parcel 5 l',4e '5 DE 3 zo-TA V-erk 27 • •••• 1.0 cg_ 6P 5de 0A's 4.7767'1/7./ 4.:77°o7 341" R.--730. 34 5/0. / T3' /e)995'T 76.83 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING a PHYSICAL DEVELOPMENT. RIGHT OF WAY/ EASEMENT ACOUISITION OWNER: cHA.ez. re / 7I7LsS DESCRIPTION: l'AP:/- PROJECT: ./1- '-';•.-4";-", • 7 1.):Yr So SCALE: : . _ /.2 ?6 Ach.cf-,/r73.331) / Ac 8‘4ec. SF": = 0. as" -94-7. Ex/ -//5/r ;er " CITY OF CORPUS CBRISTI, TEXAS ete2IFICATION OF FUNDS (City Charter Article IV Section 21) January 4, 1982 I certify to the City Council that $ 91,500.00 , 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 Project No. 295 Storm Sewer Bond Fund 295-70-66 Project Name Wooldridge -Staples Drainage Outfall Phase I from which it is proposed to be drawn, and such noney is not appropriated for any other purpose. -acquisition- Parcel 5 Charlton Fairless P°A 11 1; FIN 2-55 Revised 7/31/69 11111 /40 Director o Corpus Christi, e: day of 1984 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; 1/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 The above ordinance was passed by the foll Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky THE CITY OF CORPUS CHRISTI, TEXAS ing vote: 16802