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Home My WebLink About16838 ORD - 01/27/1982sp;1/25/82;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE.NECESSARY DOCUMENTS FOR THE ACQUISITION OF A 10 ACRE TRACT IN CONNECTION WITH THE FUTURE EXPANSION OF THE O. N. STEVENS WATER TREATMENT PLANT, PROJECT NO. 205-81-4; APPROPRIATING OUT OF THE WATER SYSTEM BOND CONSTRUC- TION FUND THE SUM OF $95,775 OF WHICH $92,750 IS FOR ACQUISITION AND $3,025 IS FOR APPRAISAL SERVICES FOR TWO PARCELS 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 a 10 acre tract in connection with the future expansion of the O. N. Stevens Water Treatment Plant Project No. 205-81-4, 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 Water System Bond Construction Fund the sum of $95,775 of which $92,750 is for acquisition and $3,025 is for appraisal services for two parcels and in- cidental 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 land can be purchased at the earliest possible 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 emergency measure this the A/ day of January, 1982. ATTEST: C. Secretary MA APPRWa pp -DAY OF JANUARY, 1982 J B uce Aycoc , y Attorney , 0 THE TY OF CORPUS CHRISTI, TEXAS 16838 MICROFILMED SEP 28 mu (0.N.) StevensVater'Treatment Plant Expansion -Hearn Rd west of Missouri Pacific R.R. Parcel 1 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between The Most Reverend Thomas J. Drury, Bishop of the Catholic Diocese of Corpus Christi, 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 terns here- inafter set out, hereby agree to sell and convey unto Bayer, and Buyer agrees to buy the following described property situated in Nueces County, Texas, to -wit: Being a portion of the GREGORIO FARIAS GRANT of five and a fraction Leagues, State Abstract No. 592, and being a portion of the 82.5 acre tract acquired by Albert L. Magee by conveyance from the heirs of Mrs. Alice L. Magee, of record in the Deed Records of Nueces County, Texas, in Volume 123, Page 153, reference to which is here made, the premises here- by conveyed being more particularly described by metes and bounds as follows, to -wit: BEGINNING at a brick set in the ground, the west corner of said 82.5 acre tract for the west corner of this tract; THENCE with the northwest line of said 82.5 acre tract N. 36° 07' E., 695.7 feet (250.45) varas for the north corner of this tract; THENCE parallel with the southwest line of said 82.5 acre tract S. 54* 58' E., 626.2 feet (225.43) varas for the east corner of this tract; • THENCE parallel to the first line S. 36° 07' W., 695.7 feet (250.45) varas to the southwest line of said 82.5 acre tract; on the northeast line of the old J. C. Hunter Tract, for the south corner of this tract; THENCE with said line N. 54' 58' W., 626.2 feet (225.43) varas to the place of beginning, the pre- mises hereby conveyed containing ten (10) acres of land, more or less. Page 1 of 5 e'x h. "A" 2. The purchase price is Ninety-two thousand Seven hundred fifty dollars and no cents ($92,750.00). • 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 stun of$5,000.00 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 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 (0.N.)Stevens Water Treatment Plant Expn. Parcel 1 - Drury Page 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 Bayer 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 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. Surface only. Minerals retained by seller. (0.N.)Stevens Water Treatment Plant Expn. Parcel 1 - DrurS, Page 3 of 5 EXECUTED in triplicate, either copy of which shall constitute an original,' on this r day of , 198 . CITY OF CORPUS CHRISTI, TEXAS The Most Rever d omas JLIDrury Bishop of the Catholic Diocese of Corpus Christi By Ernest Briones Acting City Manager SELLERS ATTEST: Bill G. Read City Secretary THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared Ernest Briones, Acting City Manager BUYER APPROVED S TO LEGAL FORM' THIS' If 4 I 2 -SAY OF By Assistant City Attorney , 198)!-- J: BRUCE AYCOCK CITY ATTORNEY 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 considera- tion therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL of office, this. day of , 198_. Notary Public in for the State of Texas (0.N.)Stevens Water Treatment Plant Expn. Parcel 1 Page 4 of 5 THE STATE OF TEXAS X COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared The Most Reverend Thomas J. Drury, Bishop of the Catholic Diocese of Corpus Christi, 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 ,d • > 1.0:1:1111M,OV‘ , 198. (0.ff.)Stevens Water Treatment Plant Expn. Parcel 1 Page 5 of 5 //.2.0.1clay of Notare-Public in and for the State of Texas REYNALDOR.ALVAREZ My Commission Expire Notary forStatof CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) January 19, 1982 I certify to the City council that $ 95,775.00 , 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 Water System Bond Construction Fund Project No. 205-81-4 Project Nate 0:14. Stevens Plant Land Acquisition from which it is proposed to be drawn, and such money is not appropriated for other purpose. -acquisition 0.N. Stevens Water Plant Expn. Parcel 1 - Catholic Diocese FIN 2-55 Revised 7/31/69 any 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, Corpus Christ exas „p27 day of , 1982 - MAYOR Council Members THE CITY 1 CORPUS CHRISTI, TEXAS The above ordinance was passed by the foll ng vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16E338