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Home My WebLink About17072 ORD - 06/09/1982IW;0-/-0C;ISL AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE DOCU- MENTS NECESSARY FOR THE ACQUISITION OF PARCELS 6 AND 7 FOR THE WASHINGTON-COLES STREET IMPROVEMENTS PHASE III; APPROPRIATING $5,537 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 Parcels 6 and 7 for the Washington -Coles Street Improvements -Phase III, Project 220-77-2.16. SECTION 2. That there is hereby appropriated $5,537 out of the No. 220 Street Bond Fund of which $4,810 is for the acquisition and $727 is for relocation and incidental costs relating 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 for executing the documents necessary for the acquisition of the aforementioned parcels so that the Washington -Coles Street Improvement 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 t effect upon first reading as an emergency measure this the day of , 1982. ATTEST: y Secretary APPROVED: DAY OF J. BRUCE AYCOCK, CITY ATTORNEY 17072 0 THE TY OF CORPUS CHRISTI, TEXAS DAICROFWED SEP 2 8 1984 WASHINGTON-COLES AREA UNIT II Street IMprovements -Cabra St between Chipito & Winnebago -W Broadway St between N Alameda & N Staples Parcels 6, 7 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between Abe Block and wife, Mary Block,, 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 Bayer agrees to buy the following described property situated in Nueces County, Texas, to -wit: Parcel 6 rani -g -rectangularly shaped portion of Lot 1, Block D, Colonia Mexicana Subdivision, as shown by plat recorded in Volume 2, Page 17, Map Records, Nueces County, Texas, and further described by metes and bounds as follows: Beginning at a point, being the north corner of said Lot 1, Block D; Thence S. 54° E., along the south r.o.w. of West Broadway Street 125.0 feet to the point of beginning; Thence S. 54° E., 15,0 feet to a point for a corner; Thence S. 36° W., 41.4 feet to a point for a corner; Thence N. 540 W., 15.0 feet to a point for a corner; Thence N. 36' E., 41.4 feet to the point of beginning and con- taining 621 S.F., more or less. Page 1 of 7 Parcel 7 Being a rectangularly shaped portion of Lot 28, Block D, Colonia Mexicana Subdivision, as shown by plat recorded in Volume 2, Page 17, Map Records, Nueces County, Texas and further described by metes and bounds as follows: Beginning at a point being the east corner of said Lot 28, Block D; Thence N. 540 E., along the south r.o.w. of West Broadway Street, 125.0 feet to the point of beginning; Thence S. 36' W., 41.4 feet to a point for a corner; Thence N. 540 E., 15.0 to a point for a corner; Thence N. 36° E., 41.4 to a point on said south r.o.w. West Broadway Street for a corner; Thence S. 54° W., along said r.o.w. 15.0 feet to the point of beginning and containing 621.0 S.F., more or Jess. Exi9, 2. The purchase price is Four Thousand Eight Hundred Ten Dollars . and no cents ($4,810.00). Seller will retain all improvements on'subject property and will remove same within 90 days after closing. . 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 $500.00 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" WASHINGTON-COLES AREA UNIT II STREET IMPROVEMENTS Parcels 6,7 Page 2 of 7 - 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 reco14, 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 1 be given to Buyer 90 days after 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 setoutwill'bind either party. "Real Estate Sales Contract" WASHINGTON-COLES AREA UNIT II STREET IMPROVEMENTS Parcels 6,7 Page 3 of 7 EXECUTED in triplicate, either copy of which shall constitute an original, on this day of May , 1982. Abe Block ,) Mary Bock SELLERS ATTEST: Bill G. Read City Secretary THE STATE OF TEXAS COUNTY OF NUECES I CITY OF CORPUS CHRISTI, TEXAS By , Edward A. Martin, City Manager BUYER APPROVED AS TO LEGAL FORM TRIS 2.7dDAY OF Me 7 , 1982. J. BRUCE AYCOCK, CITY ATTORNEY By C2 - y • o Assistant City Attorney BEFORE ME, the undersigned authority, on this day personally appeared Edward A. Martin, City Manager of the City of Corpus Christi, Texas, a Municipal Corporation, known ta 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 2 . Notary Public in for the State of Texas "Real Estate Sales Contract" WASHINGTON-COLES AREA UNIT II STREET IMPROVEMENTS Parcels 6, 7 Page 4 of 7 THE STATE OF TEXAS I COUNTY OF NUECES I BEFORE ME, the undersigned authority, on this day personally appeared Abe Block and wife, Mary Block, known to me to be the person(s) whose nam(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 ....V -c.5" --"day of , 1982. Notar ublic in and for the Texas • REYNALDO R. ALVAREZ Notary Public in end fer th te of Texas My Commission Expire "Real Estate Sales Contract" WASHINGTON-COLES AREA UNIT II STREET IMPROVEMENTS Parcels 6,7 Page 5 of 7 • /ses- ij 536W4/4' 5AN LU/5 Sr ts:f tr CaRkve-z Slack /1/36o5 4/4' o A2M/1/A1.17LF:R. AReA 5/75,0 5F -- or 0./19, Ac. N36"g 4/.4' g- 24- -0 N ALAMEDA ST CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING a PHYSICAL DEVELOPMENT. RIGHT OF WAY/ EASEMENT ACQUISITION OWNER: ABe: BLOcde DESCRIPTION: ;F' -W 771%/i1/6 - ARce•ef PROJ7-7CT:: A.114.574.0%45.71:01.-Gem.45s Area Unit II St. Impr. .DTE: /6 -e70: SCALE: I °4) BY: CM "Real Estate Sales Contract" page 6 of 7 24- ,54A/ Le././S 57It/.36a6- 4fIc 6Z 7-7 ‘4- A/54°E /5:e2f.", 1.1./5.0/r/r/o/V 8 L 4s 1 o c K 536°14/ 4/. r )crl. Z 07— ,2 ,e'-/44/1,4r77Z " AREA 517,5.6 SF: cr- O.//9,4C86'.3 . 5.3°N4L4' N STAPLES 5T CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING a PHYSICAL DEVELOPMENT. RIGHT OF WAY/EASEMENT ACQUISITION OWNER: Abe Block • DESCRIPTION: RoW 724701v4.-• PROJECT: /A/Asbw.v&-rew- C'ocEs LiAffr.f.-C 7"/6"6"4' SCALE: /"- zo'av LN CrN "E-47 CoRivE2 • ,6Zack" 17 "Real Estate Sales Contract" Page 7 of '7 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) June 3, 1982 I certify to the City Council that $ 5,537.00 , 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. 220-77-2.16 Project Name Washington -Coles Area Street Improvements -Phase II from which it is proposed to be drawn, and such money is not appropriated for any other purpose. -acquisition Washington -Coles Area Unit II Street Impr. Parcels 6,7 Abe Block Revised 7/31/69 19E2-- Corp?* Christi, T as day of , 1982 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, Council Members Respectfully, MAYOR THE C Y OF CORPUS CHRISTI, TEXAS 14" The above ordinance was passed by the following vote: Luther Jones