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