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Home My WebLink About17030 ORD - 05/12/1982lw:5-10-82;lst AN ORDINANCE AUTHORIZING ACQUISITION OF PARCEL NO. 9 FOR THE CARROLL LANE - STAPLES TO BRAWNER PARKWAY AND PADRE ISLAND DRIVE TO TIGER LANE STREET IMPROVEMENTS PROJECT AND APPROPRIATING $3,651 FOR THE SAID ACQUISITION AND INCIDENTAL COSTS; 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 authorized to execute docu- ments necessary for the acquisition of Parcel No. 9 in connection with the Carroll Lane - Staples to Brawner Parkway and Padre Island Drive to Tiger Lane Street Improvements Project, No. 220-77-3. SECTION 2. That there is hereby appropriated out of the No. 220 Street Bond Fund the sum of $3,651 of which $3,425 is for acquisition and $226 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 to take immediate action to purchase the aforesaid parcel or tract to expedite the construction of public improvements, 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 41_, day of May, 1982. ATTEST: ty Secretary APPRO:V.Jk_ //;" DAY OF MAY, 1982: J. BRUCE AYCOCK, CIT ATTORN Y By Ast,e—e. 17030 MAYOR THE C Y OF CORPUS CHRISTI, TEXAS MiettaILMED. SEP 28 1984 CARROLL LANE STREET IMPROVEMENTS -1979 -S. Staples St. to Gollihar Rd. Parcel 9 REAL ESTATE SALES CONTRACT THE STATE OF.TEMAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between Corpus Christi Independent School District, 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: Page 1 of 5 Being an irregularly shaped tract of land out of Lot 2, Section "B", Paisley's Subdivision of the Hoffman Tract as shown by map of record in Volume A, Page 28, Map Records, Nueces County, Tex- as, mnd more particularly described by metes and bounds as fol- lows: Beginning at a point on the northeast right-of-way line of Carroll Lane, said point being the most westerly corner of Lot 1, Block 2, Carroll Lane Park, Unit 1, as shown by map of re- cord in Volume 9, Page 37, Map Records, Nueces County, Texas, for the beginning point of the tract of land herein described; Thence S. 28° 10' 20" W., along a line that is 30.0 feet north- east of and parallel to the original centerline of abovementioned .Carroll Lane, a distance of 474.0 feet to the P.C. of a circular curve to the left; Thence along the arc of said curve whose central angle is 90° 00', radius of 10.0 feet, tangent of 10.0 feet, a distance of 15.71 feet to the point of tangency, said point being on the northerly right-of-way line of the north lane of Brawner Parkway; Thence N. 61° 49' 40" W., along the northerly right-of-way line of said north lane of Brawner Parkway, a distance of 20.0 feet to its point of intersection with the northeast right-of-way line of abovementioned Carroll Lane; Thence N. 28' 10' 20" E., along the present northeast right-of- way line of said Carroll Lane, a distance of 484.0 feet to a point; Thence S. 61° 49' 40" E., a distance of 10.0 feet to the place of beginning and containing 4,861.46 square feet of land or 0.1116 acres. 4.-x,6. 'A" . 2. The purchase price is three thousand four hundred twenty- five dollars and no cents ($3,425.00). -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 thedateof 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 waranty 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 maybe herein otherwise provided. 7. Buyer has this day deposited with the title insurance company or title guaranty company the sum of $171.00 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" CARROLL LANE ST. EMPR.-1979 Parcel 9 - CC Ind Sch Dist Page 2 of 5 procedure. In the event Seller(s) fail(s) to tender a deed conveying said property in a:.cordance 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, 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 peed" 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. "Real Estate Sales Contract" CARROLL LANE ST. IMPR.-1979. Parcel 9 - CC Ind Sch Diet Page 3 of 5 EXECUTED IN TRIPLICATE, either copy of which shall constitute an original, on this the day of , 198_. ATTEST: CITY OF COPRUS CHRISTI, TEXAS By By Bill G. Read Edward A. Martin City Secretary City Manager ATTEST: APPROVED AS TO L FORM THIS DAY OF J. BRUCE AYCOCK, CITY ATTORNEY Assistant Cit orney THE STATE OF TEXAS. COUNTY OF NUECES BUYER CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT BY President SELLER This instrument was acknowledged before me on 198 by Edward A. Martin, City Manager of the .City of Corpus Christi, Texas, a municipal corporation, on hehalf of said corporation. Notary Public in and for the State of Texas PRINT, TYPE, OR STAMP NOTARY PUBLIC NAME My Commission Expires "Real Estate Sales Contract" CARROLL LANE ST. EMPR.-1979 Parcel 9 Page 4 of 5 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on April 30 , 1982 by Clemente Garcia. Jr. as President of the Corpus Christi Independent School District. Notary pob1icLLfl for the State of Texas Winifred Ware PRINT, TYPE, OR STAMP NOTARY PUBLIC NAME My Commission Expires 5/29/85 "Real Estate Sales Contract" CARROLL LANE ST. IMPR.-1979 Parcel 9 Page 5 of 5 7 N c_C\J 4. I DP c4 1 6° • GO • 90° •L • lf.71 5. gerio'go"w. <Imo' Ab 28" /0' 20' Zr. ec.o. e o L CITY OF CORPUS CHRISTI, TEXAS. DEPARTMENT OF ENGINEERING 8 PHYSICAL DEVELOPMENT. 3IGHT OF WAY/ EASEMENT ACQUISITION.. DWN :_Corn/IFC/5/-7.4',ii Mp'. 9e6a/,' asfr/c/ DESCRIPTION: /---?2.-ce,' PROJECT cr),? CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article TV Section 21) May 6, 1982 I certify to the City Council that $ 3,651.00 , 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. 220-77-3 Project Name Carroll Lane - Staples to Brawner Parkway and Padre Island Drive to Tiger Lane. fronivtich it is proposed to be drawn, and such money is not appropriated for any other purpose. -acquisition Carroll Lane St. Impr. Parcel 9 v V/ FIN 2-55 Revised 7/31/69 Artiv, , 19 Corpus Christi Texas 4/ day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1982 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, Council Members Respectfully, MAYOR THE CITY 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 17030