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HomeMy WebLinkAbout17416 ORD - 12/29/1982AN ORDINANCE AUTHORIZING ACQUISITION OF PARCELS 1 AND 2 IN CONNECTION WITH THE SOUTH BLUFF PARK EXPANSION PROJECT; APPROPRIAT- ING $175,000 FOR SAID ACQUISITION AND RELATED 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 acquisition of Parcels 1 and 2 from Harry A. White, Sarah Ruth Watson, Charlotte White Campbell and Catherine Lowe Koblizek, Parcel 1 being a portion of the J. P. Schatzell tract on South Bluff and Parcel 2 being a part of Block No. 9, Chamberlin Subdivision, more fully described in the Real Estate Sales Contract, a copy of which is attached hereto, marked Exhibit "A". SECTION 2. That there is hereby appropriated the sum of $175,000, out of the No. 291 Park Bond Fund ($82,269.02 out of Project No. 291-77-4 and $92,730.98 out of Project No. 291-77-7), of which $170,000 is for acquisition and $5,000 is for incidental costs related to closing, all in connection with the aforesaid expansion project. 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 expansion of the South Bluff Park, 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 29th day of December, 1982. ATTEST: iecretary APPROVEDf21 AY OF DECEMBER, 1982: 2".ruce Aycock City Attorney MAYOR THE CIT OF CORPUS CHRISTI, TEXAS 17416 MICROFILMED SEP 2 81984 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) December 20, 1982 I certify to the City Council that $ 175,000.00 , 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 291 Park Bond Fund 291-77-4 ($$2,269:02) Project No. 291-77-7 ($92,730.98) South Bluff Park Project Name 291-77-4 = Neighborhood Parks- Extension 291-77-7 = Tennis Facility Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. -acquisition Parcels 1,2(White-et al) S. Bluff Park Expansion FIN 2-55 Revised 7/31/69 Zr", 198— South Bluff Park Expansion Parcels 1, 2 THE STATE OF TEXAS § COUNTY OF NUECES § This REAL ESTATE SALES CONTRACT memorandum of agreement made and entered into by and between HARRY A. WHITE, a single person of Bexar County, Texas, SARAH RUTH WATSON, a feme sole of Matagorda County, Texas, CHARLOTTE WHITE CAMPBELL, a feme sole of Nueces County, and CATHERINE LOWE KOBLI2'ZEK Cly of Nueces County, Texas, acting herein Individually and as the duly appointed and qualified Independent Executrix of and for the ESTATE OF ARTYE T. LOWE, DECEASED. hereinafter collectively called SELLERS, and the CITY OF CORPUS CHRISTI, a municipal corporation, of Nueces County, Texas, hereinafter called BUYER, 1. after set agrees to W ITNESSET H: The Sellers, for the consideration and upon the terms herein out, hereby agree to sell and convey unto Buyer, and Buyer buy the following described property in Nueces County, •Texas, to -wit: That certain property situated in the City of - Corpus christi, Nueces County, Texas, consisting of Two Parcels of land, as more fully set out and described by metes and bounds in Exhibit "A", which is attached hereto, and herewith referred to and made a part hereof for all purposes. 2. The purchase price is One Hundred Seventy Thousand and No/100 ($170,000.00) Dollars cash. 3. The Sellers shall provide at the expense of Buyer, an Owner's Policy of Title Insurance (form prescribed by the State Board of Insurance of the State of Texas) under the terms of this contract, dated as of the date of closing and issued to Buyer in the amount of the total sales price, guaranteeing Buyer's Title to be good and indeafeasible subject only to the following: a. All present covenants, restrictions, rights-of-way, conditions, and easements of record, if any, existing against said property. b. Existing Building and Zoning Ordinances, if any. - Page 1- OF REAL ESTATE SALES CONTRACT c. Rights of parties in possession. d. Any discrepancies, conflicts or shortages in area or boundary lines, or any overlapping of improvements. In the event Buyer desires this exception (other than as to area) to be deleted from the Policy, it is agreed that a current survey shall be made by a surveyor approved by Buyer and Title Company named herein, such survey to be at the expense of Buyer and shall be in such form and reflect such informa- tion as will allow the said Title Company to delete from the Owner's Policy of Title Insurance the exception as to discrepancies, conflicts, boundaries, encroachments and improvements, and cost of deleting of such exception from Title Policy shall be at the expense of Buyer. e. All taxes for the year 1982 and subsequent years. 'f. Exception from conveyance to Buyer and reservation unto Sellers, their heirs, and assigns, of all oil, gas and all other minerals of every kind and character; (similar and dissimilar) in or under, or which may be produced from the above described land; it being stipulated that Sellers waive the right of ingress to and egress from the surface of said land for the purpose of locating or drilling a well for oil, gas or other minerals directly on the surface of the above described land. Said Title Insurance Policy (hereinafter sometimes called "Title Policy") shall wholly insure and indemnify Buyer against any title defects or adverse claims thereto, except as herein provided, and shall be issued through a reliable Title Insurance Company (hereinafter sometimes called "Title Company") and shall be delivered to the Buyer on the date of the closing of this transaction. Buyer shall pay for said Title Policy and all costs of closing through the Title Company, including the cost of any survey Buyer may require, Escrow Fees, etc. Sellers shall bear no costs other than attorney's fees incurred by them with their attorney in connection with this closing. It is agreed that upon delivery of said Title Policy, all duties of Sellers as to the sufficiency of Title shall be deemed to be fully performed by Sellers; however, Sellers shall not thereby ba released from the warranties in their Deed. 4. Upon the securing of the Title Policy provided for herein, Sellers agree to deliver at the expense of Buyer, a good -Page 2- OF REAL ESTATE SALES CONTRACT and sufficient general warranty deed drawn in accordance with the provisions of this contract, properly conveying said property to said Buyer, and Buyer agrees thereupon to make the cash payment. However, said Deed shall be subject to the matters set out in Sub -paragraphs 3(a), 3(b), 3(e) and other applicable provisions hereof; and Sellers shall except from said Deed and reserve unto Sellers, their heirs and assigns, all of the oil, gas and all other minerals, of every kind and character [similar and dissimilar), in or under or which may be produced from the above described land, with the stipulation that Sellers waive the right of ingress to and egress from the surface of said land for the purpose of locating or drilling a well for oil, gas or other minerals directly on the surface of the above described land. 5. All Ad valorem taxes for years up to and including the year 1981 shall be paid by Sellers; but all Ad valorem taxes for the year 1982 and thereafter are assumed and are to be paid by Buyer. 6. Buyer has deposited with the Title Company the sum of Eight Thousand Five Hundred Dollars ($8,500.00) as Earnest Money hereunder to be applied on the cash payment above set out when the transaction is closed, at which time the balance of cash consideration shall also be paid. Should the Buyer fail to consummate this contract as herein specified for any reason, except title defects, the Sellers shall be entitled to receive said cash deposit as liquidated damages for the breach of this contract, or may at their option, enforce specific performance hereof. When the executed deed and any other necessary executed papers and the balance of the cash payment are in possession of the Title Company, said Title Company will close the transaction in accordance with its usual and customary procedure. In the event Sellers fail to tender a deed conveying said property in accordance with the terms of this contract within the time provided herein, the Buyer may enforce performance of this contract by an action for specific performance thereof. 7. The Buyer agrees to accept title subject to all outstanding restrictive covenants and use restrictions, if any, of record, and -Page 3- OF REAL ESTATE SALES CONTRACT all city zoning and regulatory ordinances, if any, applicable to said property. 8. It is understood by all parties hereto that this transaction is to be closed through the Title Company on or before forty five (45) days from the date that this instrument, executed by all Sellers, is delivered in quadruplicate to Mr. Ken Kohrs as Agent for Buyer (one copy of which is to be immediately delivered to the Title Company by him). Possession is to be given to Buyer sixty (60) days after execu- tion of and delivery to Buyer of "Warranty Deed" by Sellers; and any income received from said property through such date of delivery of possession by Sellers to Buyers shall be retained by and belong to Sellers without proration. 9. Sellers hereby designate LAWYER'S TITLE SERVICES, INC. as their Title Company under this contract. If dissatisfied with said Title Company prior to closing, Sellers are further given the privilege, at their discretion, to change the same to another Title Company of their choice, to act hereunder; and any earnest money and this contract shall in event of such change, be transferred to said second Title Company. Sellers further designate Harry A. White to act for them as their Agent hereunder, and Eli Goldstein (of the law firm of Goldstein, Goldstein & Hilley, from San Antonio, Texas) as their attorney, to act as such in their behalf, in the closing of this transaction. 10. By Sellers' execution hereof, Sellers acknowledge that they have read this agreement and understand that this agreement 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 and deliver one fully signed duplicate original to the Title Company and mail a fully signed duplicate original to the Attorney for Sellers (Eli Goldstein) within the forty-five (45) day period hereinabove provided for closing, or this agreement shall be null and void and none of the provisions hereinabove set out will bind either party. -Page 4- OF REAL ESTATE SALES CONTRACT EXECUTED in multiple original copies effective as of December 31, 19 1. H Y� A. Wh(dig Sarah Ruth Watson; ATTEST: City Secretary APPROVED AS TO LEGAL FORM THIS i1/4U day oZep u j,/� 1982. alTroc 4ycoc7 6 4 Cr4 11� City Attorney Charlotte White Campbell; Catherine Lowe Kobliek, Individually and as Independent Executrix of the Estate of Artye T. Lowe, Deceased; SELLERS. RECEIVED from Sellers, Four (4) multiple original copies of this Real Estate Sales Contract on December -20 , 1982, each signed by all Sellers therein: KEN KOHRS, Agent for City of Corpus Christi, Buyer, for purpose only of receipt of this instrument signed by all Sellers, but still subject to authorization of the City Council and execution by the City Manager of the City of Corpus Christi, Texas. -Page 5 - OF REAL ESTATE SALES CONTRACT CITY OF CORPUS CHRISTI By City Manager BUYER RECEIVED from Ken Kohrs, as Agent of the City of Corpus Christi, a copy of this Real Estate Sales Contract on December rP,? , 1982, signed by all Sellers. LAWYERS TITLE SERVICES, INC. By Wanda Miles, xecutive Vice -Pres. EXHIBIT "A" That certain property situated in the City of Corpus Christi, Nueces County, Texas, consisting of Two Parcels of land, and being more fully set out and described by metes and bounds as follows: Parcel No. 1 Being a portion of the S.P. Schatzell tract on South Bluff in . the City of Corpus Christi, Texas, said tract being more partic- ularly -described by metes and bounds as follows, to -wit: Beginning at the point of intersection of the westerly boundary line of Carrizo Street with the northerly boundary line of South Bluff Park in Corpus. Christi, Nueces County, Texas, for the most southeasterly corner of this tract; Thence S. 79' 41' V., a distance of 250.8 feet along the north- erly boundary line of said South Bluff Park to a point in same, the southeasterly corner of the H.A. White homestead tract for a corner of this tract; Thence N. 10° 04' W., a distance of 82.26 feet to a point, the northeasterly corner of the said H.A. White homestead tract, for an inside corner of this tract; Thence S. 79' 56' W., along the northerly boundary line of said H.A. White homestead tract, a distance of 75.1 feet to a point in same for a corner of this tract; Thence N. 10° 04' W., a distance of 100.0 feet to the point of intersection of said line with the southerly boundary line of a tract of land in the name of the City of Corpus Christi, Texas, for the most northwesterly corner of this tract; Thence N. 790 56' E., along the southerly boundary line of said City of Corpus Christi tract, a distance of 175.8 feet to 'a point for a corner of this tract; Thence S. 100 44' E., along a line parallel to the westerly boundary line of Carrizo Street, a distance of 58.26 feet to a point for an inside corner of this tract; . Thence N. 79' 56' E., adistance of 150.0 feet to a point on the westerly boundary line of Carrizo Street for a corner.of this tract; 'Thence S. 10' 44' E., along the westerly boundary line of Carrizo Street, a distance of 124.00 feet to the place of beginning. EXHIBIT "A" -TO REAL ESTATE SALES CONTRACT - Page -1-• EXHIBIT "A" - (Continued) Parcel No. 2 Being a part of Block No. 9, Chamberlin Subdivision to Corpus Christi, Texas, and a part of what is commonly known as the Fullerton Tract, more particularly described by metes and bounds as follows: : Beginning at an iron pipe, the southern corner of said Block 9, Chamberlin's Subdivision to Corpus Christi, for the south- western corner of this survey, in 'the eastern boundary line of King Street; Thence N. 10' 03' 40" W., with the western boundary line of said Block 9 and the eastern boundary line of King Street, 144.97 feet to a pine stake for the northwestern corner of this survey; Thence N. 79' 56' 20" E., 150 feet to a pine stake for the northeastern corner; Thence S. 10' 03' 40" E., 82.26 feet to a pine stake for . the southeastern corner of this survey, intersecting the nothern boundary of the Howerton Addition to Corpus Christi (now South Bluff Park); - • . • • • • - • Thence S. 79' 41' 10" W., with the northern boundary line of said Howerton Addition 131.99 feet to a pine stake for the northwestern corner of said Howerton Addition', for a corner of this survey; Thence S. 6' 05' 35" W., with the western boundary line of said Howerton Addition, 64.76 feet to the place of beginning; - Save and except, however, that certain tract quitclaimed by H.A. White and wife, Bessie C. White to the City of Corpus Christi, by Quit -Claim Deed dated October 7, 1942, recorded in Volume 283, Page 251 of the Deed Records of Nueces County, Texas, described as follows, to -wit: A certain tract or parcel of land situated in said City of Corpus Christi, Nueces County, Texas, which is also a part of Lot 3, Block 9, Chamberlin's Subdivision of the City of Corpus Christi, Texas, more particularly described as follows, to -wit: Beginning at a point in the east line of King Street, which point is the intersection of the east line of King Street and the -east line of Chamerlin's Subdivision of Corpus Christi, Texas; Thence N. 10' 03' 40" W., 58.84 feet along the east line of King Street to a corner; Thence S. 79° 41' 10" W., 17.07 feet to a point in the east line of the Chamberlin's Subdivision, which is also the west line of the Schatzel Tract; Thence S. 6' 05' 35" W., 64.76 feet along the east line of -Chamberlin's Subdivision and the west line of the Schatzel Tract to the place of beginning. EXHIBIT "A" - TO REAL ESTATE SALES CONTRACT -Page 2- l THE STATE OF TEXAS § COUNTY OF ABaN137R7§ BEFORE ME, the undersigned authority, on this day personally appeared Harry A. White, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office, this the apr`Eday of lqB C.otw•R. D e-cia-et9 tat r„) 1 % � r • THE STATE OF TEXAS §” COUNTY OF yyuue.s § - No`rary Public i fbr the State of Texas JOE M. RAYMOND, JR. Notary Public in and for the State of Texas My Commission Expirec. 3-s - 5 BEFORE ME, the undersigned authority, on this day personally appeared Catherine Lowe Koblizek, Individually and as Independent Executrix of and for the Estate of Artye T. Lowe, Deceased, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacities therein stated. GIVEN under my hand and seal of office, this the a,n rOday of -..y�. 1012-exgrtetAL_ . � s}. Nditary Public 1 andOfor the State of Texas JOE M. RAYMOND, JR. Notay Public in and for the Sate of Texas My Commission Expires 3' S S ACKNOWLEDGEMENTS - TO REAL ESTATE SALES CONTRACT - Page -1- THE STATE OF TEXAS § COUNTY OF mu m„er § BEFORE ME, the undersigned authority, on this day personally appeared Sarah Ruth Watson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office, this the ahc11 day of 19E2. 0-b.+n..R_ 02,--iLrtsem_ , X1983. ,1�. NaV Pub ic in a4t or lkhe State of Texas JOE M. RAYMOND, JR. Notary Public in and for the State f Texas eaS My Commission Expire THE STATE OF TEXAS § COUNTY OF N f l+e ccs § BEFORE ME, the undersigned authority, on this day personally appeared Charlotte White Campbell,. known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office, this the A170'41 day of 1982- °i•rrw3K... OI'LL' tZKBirs, . 9� N tart'( or the State Public and f of Texas JOE M. RAYMOND, JR. Notary Public in and for the State of Texas My Comn,ssion Expires 3- 3 - YS ACKNOWLEDGEMENTS - TO REAL ESTATE SALES CONTRACT - Page -2- THE STATE OF TEXAS § COUNTY OF NUECES § 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 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 the CITY OF CORPUS CHRISTI for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 1982. Notary Public in and for Nueces County, Texas ACKNOWLEDGEMENTS - TO REAL ESTATE SALES CONTRACT - Page -3- Corpus Christi, T��e%%xa 029 day of O 2 198 Z— 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 is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members l�-! MAYOR THE Y OF CORPUS CHRISTI, TEXAS The above ordinance was passed;y the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17416