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Home My WebLink About17440 ORD - 01/19/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 1 IN CONNECTION WITH THE SURFSIDE TO TIMON BOULEVARDS STREET CONNECTION; APPROPRIATING $6,116; 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 Parcel 1 in connection with the Surfside to Timon Boulevards Street Connection, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $6,116 for acquisition of the abovementioned parcel from Street Bond Fund applicable to Project No. 220-82-10. 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 take effect upon first reading as an emergency measure this the lQ day of January, 1983 ATTEST: Cit ecretary APPROVED:,/ DAY OF JANUARY, 1983 Bruce Aycock n City Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 17440 TEP 2 064 MLCROFILMED SURFSIDE TO TIMON BOULEVARDS STREET CONNECTION (1982) • -at Coastal Ave. Parcel 1 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreereat made and entered into by and between Henry Herbert Gummelt and wife, Ruth B. Gummelt, 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: Being a tract of land out of Lots 107, 108, Block 41, Corpus Beach Hotel Addition as recorded in Volume 1, Page 51, Map Records, Nueces County, Texas and further described as follows: Beginning at a point being the east corner of said Lot 107, said point being on the westerly right-of- way of Surfside Blvd.; Thence S. 32° W., along said right-of-way 59.51 feet to a point; Thence northerly along the arc of a circular curve to the left whose central angle = 28° 14' 18" radius = 151.00 feet, tangent = 37.98 feet, a distance of 74.72 feet to a point; Thence S. 58° E., 43.43 feet to the point of be- ginning and containing 1,067.54 S.F., more or less. Page 1 of 5 2. The purchase price is Five thousand eight hundred seventy- one dollars and no cents ($5,871.00). 3. The Selier(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 Selier(s) up to and including the year 1982. 6. All current taxes, if any, are to be prorated between the Buyer and the Seller(s) for the year 1983 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 $294.00 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" SURFSIDE TO TIMON BLVDS ST CONN Parcel 1-Gummelt Page 2 of 5 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 th provisions hereinabove set out will bind either party. "Real Estate Sales Contract" SURFSIDE TO TIMON BLVDS ST CONN Parcel I-Gummelt Parcel 3 of 5 EXECUTED in triplicate, eith copy off which shall constitute an original, on this l day of "' " .^" , 198 v. CITY OF CORPUS CHRISTI, TEXAS Henry He�Gummelt By Edward A. Martin City Manager )+-• BUYER Ruth B. Gummelt SELLERS ATTEST: Bill G. Read City Secretary APP, I ED: K. Lont••, F.E. sistant City Manager THE STATE OF TEXAS COUNTY OF NUECES x T ^` "DAY OF -C.Q�n '�", J. BRUCE AYCOCK, CITY ATTORNEY' By stant City Attorney This instrument was acknowledged before me on , 198_ by Edward A. Martin as City Manager of the City of Corpus Christi, Texas. THE STATE OF TEXAS COUNTY OF NUECES X X Notary Public in and for the State of Texas (NOTE: Please print, type, or stamp name + expiration date of notary below) This instrument was acknowledged before me on 4-e_A-ka-1,-- 3 0441980 - by Henry Herbert Gummelt and wife, Ruth B. Gummelt. .Lr 4017 Notary lit in and (NOTE ease print, expiration dat "Real Estate Sales Contract" SURFSIDE TO TIMON BLVDS ST CONN Parcel 1-Gummelt Page 4 of 5 the State ftf Texas pe, or stamp name + of notary below) • /07 S32°A/ 59.5/' 51JRFs/o CITY OF CORPUS CHRISTI, TEXAS DEPAP.TMENT OF ENGINEERING 8 PHYSICAL DEVELOPMENT. R:GHT CF WAY/EASEMENT ACQUISITION C;'JNER: N.N.6emme// DESCRIPTION: %4R4e_ PROJECT: (N Sh "e/':4e 0/4d5SURF'SIDE to DATE: 6-/5-92 SCALE: /'- �' BY: L/9 SL VD. /0G PARCEL /64.75- 5.FI0z45*. LOTS 939/S..F./.O.z/.9a ��n+4fA/D 83z3¢S,SF./ 7./17/Ac. TIMON BLVDS. Street Connection "Real. Estate Sales Contract" ngo,. S of CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) January 7, 1983 I certify to the City Council that $ 6,116.00 , the anoint 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 Street Bond Fund Project No. 220-82-10 Project Nance Timon-Surfside Blvds. Street Connection from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Surfside to Timon Blvds. St. Conn. Parcel 1 -acquisition (Gummelt) v -" FIN 2-55 Revised 7/31/69 19 e2-- ecto Hance Corpus Christi, Texas Q day of 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, MAYOR Council Members THE CITY •F CORPUS CHRISTI, TEXAS The above ordinance was passed by Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky following vote: 17440