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Home My WebLink About17369 ORD - 11/24/1982TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 5 FOR THE FIVE POINTS DRAINAGE OUTFALL PROJECT; APPROPRIATING $6,730 FOR THE PURCHASE; AND DECLARING AN EMERGENCY. BE 'IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be authorized to execute the documents necessary for the acquisition of Parcel 5 for the Five Points 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 $6,730 out of No. 295 Storm Sewer Bond Fund applicable to Project No. 295-77-15, Five Points Area Outfall for this acquisition. 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 passedandshall tajrje)effect upon first reading as an emergency measure this the -.1P day of , 1982. ATTEST: Secretary APPROVED:A4t AY OF NOVEMBER, 1982 Br.ce Aycock jCity Attorney iL 7369 A/ THE TY OF CORPUS CHRISTI, TEXAS SE? 2 81984 140000 • Five Points Area Drainage Outfall Project (1982) -Missouri Pacific RR over Emory Dr over_& along St Hwy 77 to FM 624 Parcel 5 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COU- TY OF NUECES This memorandum of agreement made and entered into by and between A. B. Ault and wife, Mamie Ault aka Mamie Bickham Ault, 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 I T N E S SET 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 a tract of land out of a portion of the 35.1 acres of land out of a portion of the Gregorio Ferias Grant, Abstract 592, Nueces County, Texas, recorded in Volume 123, Page 105, deed records, Nueces County, Texas, and further described as follows: Beginning at a point being the north corner of Tract P, Country Estates Unit 4, as recorded in Volume 30, Page 85, Map Records, Nueces County, Texas; Thence S. 36° 44' W., 175.00 feet to the point of beginning of this tract; Thence S. 36° 44' W., 60.00 feet to a point; Thence N. 53° 15' W., 733.05 feet to a point; Thence N. 36° 44' E., 60.00 feet to a point for the north corner of this tract; Thence S. 53° 15' E., 733.05 feet to the point of beginning and containing 1.01 acres, more or less. Page 1 of 5 2. The curchase price is Six thousand five hundred dollars and no cents ($6,500.00). 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 indevnify 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 $650.00 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" 5 Pts Area Drainage Outfall Project Parcel 5 - Ault Page 2 of 5 procedure. In the event Seller(s) fail(s) to tender a deed conveyi said property in accordance with the terms of the contract within the time provided herein, the Buyer may enforce oerfor ance.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 o n or b e for a December 17, 1982. Possession to be given to Buyer Seller(s). upon execution of "Warranty Deed" by 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 by December 17, 1982 or this agreement shall be null and void and none of the provisions hereinabove set out will bind either party. 11. Seller(s) to retain all minerial rights. "Real Estate Sales Contract" 5 Pts Area Drainage Outfall Project Parcel 5 - Ault Page 3 of 5 EXECUTED in triplicate, either copy of which shall constitute an original, on this day of , 1982 . /I , `,, 7L_V CQ I CITY OF CORPUS. CHRISTI, TEXAS • A. B. Ault Do othy Ault, Attorney an -fact fo A. B. Ault By LTA Y1�5� Edward A. Martin Mamie Ault SELLERS ATTEST: Bill G. Read City Secretary APPROVED: James K. Lontos, P.E. Assistant City Manager THE STATE OF TEXAS COUNTY OF NUECES 1 1 City Manager BUYER I gV/ DAY OF /Vn.ve ,-,- J. BRUCE AYCOCK, CITY ATTORNEY By 1 v JAY. ,3uEGEY Assistant City Attorney , 198 2 This instrument was acknowledged before me on , 1982 by Edward A. Martin as City Manager of the City of Corpus Christi, Texas. Notary Public in and for the State of Texas (MOTE: Please print, type, or stamp name ; expiration date of notary below) State of Texas § County of Nueces § This instrument was acknowledged before me on the 1T day of November, 1982, by DOROTHY AULT as attorney-in-fact on behalf of A. B. AULT. ir.CG�v Notary Public, State of Texas My commission expires: //-3�-J' �C •G/i/ //:. ! ,6, fet,) (Printed name of Notary Public) " J uJ IIIIIIJ.annI c. .. "Real Estate Sales Contract" 5 Pts Area Drainage Outfall Project Parcel 5 Page 4 of 5 c - tel/ /. D / ,4c t?c 1 EXHIBIT ''A" /1,'--,- /✓D c . i Oi o „G. %1 !`l N i n • � � . Q ,4 o - / 14//z) S%i�/.-- . i� i 44//.: �oti'r,G/i: /.t/6-7 /. D/ A6 -,D;; s �y r 1 72-_/,,-35./ .G,:- :ii----:! L .4. YL/: O,..- / /-'.= i 1�F'. y,..9.,e/.o /4.?'/ �.� £ - „0,--c-c,=?,,5Lc /,v 40.,_,-_-_---4 per. L0' N 7 cl—.1„ 1 21 /2 r /"?r G CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING & PHYSICAL DEVELOPMENT • R!G'•1T OF WAY/EASEMENT ACOUISITION OWNER- A. =3. t� l'1•4 1 ✓cT DESCRIPTION• P4IcEL 5 Dr Ina e PROJECT At'1 -71 4, ur is - Projest(19$2) —_.-_��G"' SCALE /'=/•-^7' av )/ ✓/ "Real Estate Sales Contract" Page 5 of 5 CITY OF CORPUS CHRISTI, TENAS CERTIFICATFUNDS on 21) (City Charter Article November 19, 1982 I certify to the City Council that $ 6,730.00 , 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 from which it is proposed to be drawn, and such money is not appropriated for any other purpose. -acquisition Parcel 5 - Ault 5 Pts Area Drainage Outfall Proj. FIN 2-55 Revised 7/31/69 198_- Corpus Christi, Texas „ZY 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; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it i% introduced, or at the present meeting of the City Council. Respectfully, - Respectfully, Council Members MAYOR THE CI OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the folwing vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Ca Dr. Charles W. Kennedy Cliff Zarsky 1'7369