HomeMy WebLinkAbout17275 ORD - 09/29/1982AN ORDINANCE
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR
THE ACQUISITION OF PARCELS 1, 2, 4, 6, AND 8 FOR THE
FIVE POINTS AREA DRAINAGE OUTFALL PROJECT; APPROPRIATING
$42,271; 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 the
documents necessary for the acquisition of Parcels 1, 2, 4, 6, and 8 for the
Five Points Area Drainage Outfall Project, all as more fully set forth in the
the contract, a substantial copy of which is attached hereto and made a part
hereof, marked Exhibit "A."
SECTION 2. That there is hereby appropriated $42,271 out of the
No. 295 Storm Sewer Bond Fund applicable to Project No. 295-77-15, Five
Points Area Outfall, Phase 1.
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 preserve and protect public property by expediting
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 t effect upon first reading as an emergency
measure thie'the day of , 1982.
ATTEST:
C Secretary1
APPROVED: DAY OF SEPTEMBER, 1982
A/14,u
Bruce Aycock, C y Attorney
MAYOR
THE C Y OF CORPUS CHRISTI, TEXAS
17275
MiCRoFula,
SEP 2 8 1984
FIVE POINTS AREA DRAINAGE OUTFALL PROJECT -1982
-Missouri Pacific R.R. over Emory Dr. over & along St. Hwy. 77 to Farm Rd. 624
Parcels 1, 2, 4, 6, 8
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
This memorandum of agreement made and entered into by and between
Central Power and Light Company,
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:
Parcel 1 - see Page 2
Parcel 2 - see Page 3
Parcel 4 - see Page 4
Parcel 6 - see Page 5
Parcel 8 - see Page 6
Page 1 of 15
Parcel 1
Beginning at a point being the west corner of Tract "E",
Country Estates, Unit 4, as recorded in Volume 30, Page 86,
Nueces County, Texas, Map Records, said point being on the
^
southeast right-of-way line of 60 foot wide Emory Drive;
Thence N. 36° 46' 05" E., along said right-of-way 112.75 feet
to a point being the north corner of this tract;
Thence S. 530 03' 50" E., 447.32 feet to a point on the arc
of a circular curve to the right whose central angle =
10 37' 36", Radius = 2,664.93 feet, initial tangent bearing =
S. 16* 11' 24" N.;
Thencealpng the arc of said curve, a distance of 75.66 feet
to a point;
Thence S. 72' 11' 00" E., 40.00 feet to a point on the arc of
a circular curve to the right whose central angle = 10 11' 15",
radius = 2,704.93 feet, initial tangent bearing = S. 170 49' W.;
Thence along the arc of said curve 56.06 feet to a point;
Thence N. 530 13' 55" W., 528.40 feet to the point of be-
ginning, and containing 1.25 acres, more or less.
"Real Estate Sales Contract"
FIVE POINTS AREA DRAINAGE OUTFALL PROJECT
Parcels 1,2,4,6,8
Page 2 of 15
Parcel 2
Being a rectangularly shaped tract of land out of
Tract "P", Country Estates Unit 4, as recorded in
Volume 30, Page 86, Map Records, Nueces County,
Texas, and further described as follows:
Beginning at a point being S. 36° 46' 05" W., 130.00
feet from the east corner of said Tract "P", said
point also being on the northwest right-of-way line
of 60 foot wide Emory Drive;
Thence S. 36° 46' 05" W., along said right-of-way
95.00 feet to a Point;
Thence N. 530 03' 50" W., 290.00 feet to a point;
Thence N. 36° 46' 05" E., 95.00 feet to a point for
the north corner of this tract;
Thence S. 53° 03' 50" E., 290.00 feet to the point
of beginning and containing 0.6325 acres, more or
less.
"Real Estate Sales Contract"
FIVE POINTS AREA DRAINAGE OUTFALL PROJECT
Parcels 1,2,4,6,8
Page 3 of 15
Parcel 4
Being a tract of land out of a 2.94 acre
tract of land conveyed to Central Power
and Light Company by deed recorded in
Volume 1450, Page 1022, deed records,
Nueces County, Texas, and further described
as follows:
Beginning at a point being the north cor-
ner of Tract "P", Country Estates Unit 4,
as recorded in Volume 30, Page 85, Map
Records, Nueces County, Texas;
Thence S. 36° 44 W., 130.00 feet to the
point of beginning of this tract;
—Thence S. 36* 44' W., 45.00 feet to a
point;
Thence N. 53' 15' W., 733.50 feet to a
point;
Thence N. 36* 44' E., 45.00 feet to a point
for the north corner of this tract;
Thence S. 530 15' 00" E., 733.50 feet to
the point of beginning and containing
0.7577 acres, more or less.
"Real Estate Sales Contract"
FIVE POINTS AREA DRAINAGE OUTFALL PROJECT
Parcels 1,2,4,6,8
Page 4 of 15
Parcel 6
Being a triangularly shaped tract of land
out of the 12.52 acre C. P. & L. Tract
described in Volume 1450, Page 944, deed
records, Nueces County, Texas and further
described as follows;
Beginning at a point being the west corner,
of said C. P. & L. Tract and north corner
of this tract;
Thence S. 540 04' 40" E., 3,114.4 feet to
a point;
Thence S. 36° 44' W., 45.00 feet to a point
being the south corner of this tract and
said C. P. & L. Tract;
Thence N. 530 15' W., 3,114.1 feet to the
point of beginning and containing 1.608
acres, more or less.
"Real Estate Sales Contract"
FIVE POINTS AREA DRAINAGE OUTFALL PROJECT
Parcels 1,2,4,6,8
Page 5 of 15
Parcel 8
Beginning at a point being the south corner
of a 0.764 acre C. P. & L. Tract as recorded
In Volume 1448, Page 348, deed records,
Nueces County, Texas, said point also lies
on the east right of way of U.S. Hwy. 77;
Thence N. 6° 38' 28" E., along said right-
of-way 172.71 feet to a point;
Thence S. 53° 56' 00" E., 82.95 feet to a
point.
Thence S. 35° 20' 40" W., 150.44 feet to
the point of beginning and containing
-0.143 acres, more or less.
"Real Estate Sales Contract"
FIVE POINTS AREA DRAINAGE OUTFALL PROJECT
Parcels 1,2,4,6,8
Page 6 of 15
2. The purchase price is Forty-one Thousand Eight Hundred
Seventy-five Dollars and no cents ($41,875.00).
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.
Corpus Christi Title
7. Buyer has this day deposited with the title la&u.rance_enmppny
Company
-or--t-i-tae-guaranty company the sum of $2,094.00 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"
FIVE POINTS AREA DRAINAGE OUTFALL PROJECT
Parcels 1,2,4,6,8
Page 7 of 15
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 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. Seller's general warranty deed shall reserve to Seller a blanket
easement and right-of-way for electric transmission lines, consisting of
poles or towers made of wood, metal or other materials, wires, circuits,
static wires, telephone and telegraph wires, crossarms, insulators and all
necessary or desirable appurtenances, over, across and upon the property to
be conveyed, together with the right of ingress and egress over, across
and upon said property or the purpose of constructing, operating, recon-
structing on poles or metal towers, enlarging, inspecting, patrolling, re-
pairing, maintaining and removing said lines, circuits, poles, metal towers,
wires and appurtenances; the right to relocate and to install additional
"Real Estate Sales Contract'r
FIVE POINTS AREA DRAINAGE OUTFALL PROJECT
Parcels 1,2,4,6,8
Page 8 of 15
lines and appurtenances; and the right to move from said lands all
trees, shrubbery and parts thereof, or other obstructions, which en-
danger or may interfere with the safety or efficiency of said lines
or appurtenances. Seller's general warranty deed shall further
provide that the exercise of any one or more of such rights shall
not exhaust such right but same may be exercised as often as and
whenever Seller deems proper.
12. Seller's general warranty deed shall reserve to Seller any and/
or all the oil, gas and other minerals which Seller may own in, on or under
the tracts to be conveyed to Buyer.
Corpus Christi Title Company hereby acknowledges receipt
of
Dollars for the cash deposit of earnest money hereinabove
mentioned and agrees to execute this trust for both parties
hereto, but without liability for interest thereon or for the
performance or non-performance by any party to this contract.
CORPUS CHRISTI TITLE COMPANY
By:
"Real Estate Sales Contract"
FIVE POINTS AREA DRAINAGE OUTFALL PROJECT
Parcels 1,2,4,6,8
Page 9 of 15
EXECUTED in triplicate, either copy of which shall constitute an original,
on this 2-6 f11 day of S -L./37,6,-/ 1982.
CENTRAL POWER AND LIGHT COMPANY
of- A ni prU
Vice-president
ATTEST:
(4'
Secretary
SELLER
ATTEST:
Bill G. Read
' City Secretary
APPROVED:
James K. Lontos, P.E.
Assistant City Manager
CITY OF CORPUS CHRISTI, TEXAS
By
Edward A. Martin
City Manager
BUYER
2-I DAY OF 1982.
J. BRUCE AYCOCK CITY ATTORNEY
By
Assistant Ci
orney
THE STATE OF TEXAS 1
COUNTY OF NUECES
-
This instrument was acknowledged before me on , 1982 by
Edward A. martin as City Manager of the City of Corpus Christi, Texas.
THE STATE OF TEXAS
COUNTY OF NUECES
Notary Public in and for the State of Texas
Notary Name
(print or type)
My Commission Expires:
This instrument was acknowledged before me on
INC A cV:1.760/1
on behalf of said company.
/
,
1982 by
Vice-president of Central Power and Light Company,
Notary Publril in dhd for the State of Texas
Notary Name
(print or type)
My Commission Expires:
NANCYC.HUBBARD
Notary Publ4c, State of Texas
"Real Estate Sales Contract" My Commission Expizos July 13,1984
FIVE POINTS AREA DRAINAGE OUTFALL PROJECT
Parcels 1,2,4,6,8
Page 10 of 15
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CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING
PHYSICAL DEVELOPMENT.
RIGHT OF WAY/EASEMENT ACOUI,SITION
OWNER: K:EiV2-2;',4:- /6704th'/.2
DESCRIPTION: filA--A21--
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"Real Estate Sales Contract"
Parcels 1,2,4,6,8
Page 11 of 15
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Parcels 1,2,4.6,8
Page 12 of 15
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RIGHT OF WAY/ EASEMENT ACQUISITION
OWNER: CF/VTA%‘; /ra. etlieW
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"Real Estate Sales Contract"
Parcels 1,2,4,6,8
Parcels 13 of 15
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DEPARTMENT OF ENGINEERING a
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RIGHT OF WAY/ EASEMENT ACQUISITION
OWNER: kJ P -X / / 4,-er
DESCRIPTION: P-4nrlin age
PROJECT: F./ • '0 /Ai r ,41-45.4)/
DATE: 3— 5— / 9 S' Z SCALE: ti-= 10(1' BY: V W
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Parcels 1,2,4,6,8
Parcels 14 of 15
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"Real Estate Sales contract"
Parcels 1,2,4,6,8
Page 15 of 15
By .L/Pf
CITY OF CORPUS CBEISTI, TEXAS
CEETIFICATION OF FUNDS
(City Charter Article TV Section 21)
September 292 1982
I certify to the City council that $ 42,271.00 , 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 295 Storm Sewer Bond Fund
Project No. 295-77-15
Project Name
Five Points Area Outfall - Phase 1
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
-acquisition
5 Pts Area Drainage Outfall
CPS/ - Parcels 1,2,4,6,8
FIN 2-55
Revised 7/31/69
41. , 19 9
df,W g4ctor nance
Corpus Christi exas
o
, 1982
) THE MEMBERS OF THE CITY COUNCIL
)rpus Christi, Texas
ar the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
n emergency exists requiring suspension of the Charter rule as to consideration and voting
pon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you
uspend said Charter rule and pass this ordinance or resolution finally on the date it is
ntroduced, or at the present meeting of the City Council. '
'.espectfully,. Respectfully,
MAYO
Counc) Mem ers
THE CI FOF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the follAiwing vote:
Luther Jones
Betty N. N. Turner 1
Jack K. Dumphy 1
Bob Gulley 11:,
Herbert L. Hawkins, Jr. /
Dr. Charles W. Kennedy el
4
Cliff Zarsky —
1_1215