HomeMy WebLinkAbout17455 ORD - 02/02/1983AN ORDINANCE
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR
THE ACQUISITION OF PARCEL 7 FOR THE FIVE POINTS DRAINAGE
OUTFALL PROJECT; APPROPRIATING $36,607 FOR THE PURCHASE;
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 7 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 $36,607 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 passed and shall take effect upon first reading as an emergency
measure this the p7 day of 06, , 1983.
ATTEST:
APPROVED:34 DAY OF JANUARY, 1983
y ck, ity Attorney
r6uce Aco
MAYOR
• THE CITY OF CORPUS CHRISTI, TEXAS
17455
MICROFILMED
SEP 2 81984
g az
,
FIVE POINTS AREA DRAINAGE OUTFALL PROJECT(1982)
-Missouri Pacific R.R. over Emory Dr. over & along S.H. 77 to F.M. 624
Parcel 7
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS Il
COUNTY OF NUECES I
This memorandum of agreement made and entered into by and between
Kitt1. Wolfe Gentry, a feme sole,
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 a portion of a 301.55 acre tract
of land described in Volume 215, Page 530, deed records, -
Nueces County, Texas, also abutting the southwest boundary of
a 12.52 acre tract conveyed to C.P.&L. by deed recorded 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.U.
tract for the north corner of this tract;
Thence S. 53° 15' E., 3,114.10 feet to a point;
Thence S. 36° 44' W., 60.00 feet to a point for the south
corner of this tract;
Thence N. 54° 04' 40" W., 3,111.60 'feet to a point;
Thence N. 35° 12' E., 105.00 feet to the point of beginning
and containing, 5.894 acres, more or less.
Which tract is further described on the attached Exhibit "A", which exhibit
is made a part hereof for all pertinent purposes.
There is reserved unto the Seller, her heirs and assigns, all oil, gas, and
other minerals, in and under and that may be produced fromthe above described
real property. Seller shall waive the right of ingress and egress on such
property for the purpose of mining, drilling, exploring, operating and
developing said lands for oil, gas, and other mineral production and removal of
same.
Exp„/9x
2. The purchase price is Thirty-four Thousand Six Hundred Seventy -
Five Dollars and no cents ($34,675.00).
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. Said title policy shall in on the form promulgated by
State Board of Insurance of the State of Texas with the standard exceptions set out
on such form.
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 $1733.75 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
parcel 7 - Gentry
Page 2 of 6
procedure. In the event Seller(s) fail(s) to tender a deed conveyih
said property in'accordance with the terms of the contract within the
time provided herein, the Buyer may enforce perforaance of this contract
by an action for specific performance thereof.
8. The Buyer agrees to accept title subject to all outstanding restrictive covenants,
use restrictions, city zoning ordinances, any regulatory ordinance, rule, or statute,
royalty interests, mineral interest, oil and gas leases, easements, rights -or -way,
outstanding, of record, and affecting the above described real property. Buyer
specifically agrees to accept such conveyance subject to that certain easement conveyed to
the South Texas Water Authority crossing the above described tract. Except with reference
to such easement conveyed to such South Texas Water Authority, Buyer shall have the option
of within five (5) days from the date hereof obtaining a title policy commitment letter
from a title company of its choice setting out the status of the title of the above
described real property. Buyer shall have the option of within fifteen (15) days from the
date hereof objecting the the status of such title, in which event this contract shall be
null and void. Such objection shall be in writing and delivered to N. J. Welsh, III at 426
So. Tancahua, Corpus Christi, Texas. In the event that such objection is not delivered to
N. J. Welsh, III within such fifteen days, then Buyer shall be deemed to have waived the
right to object to the status of such title.
9. It is understood by all parties hereto that this transaction
Ls to be closed through the title insurance ccmpany or title guaranty
company on or berore 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. It is understood that the above described real property is being purchased by
Buyer for the purpose of the construction of a drainage ditch. In the event that Seller,
her heirs or assigns, shall ever use the above described property in such a manner that
any ordinance or regulation of the City of Corpus Christi requires that any sort of
roadway bridge -type structure(s) (regardless of whether the structure be of steel,
concrete, pipe or any other type of material for the purpose of carrying a roadway across
such ditch), then none of the cost of such bridge -type structure(s) shall be born by
Seller herein, nor by her heirs nor assigns. Inclusion of this provision is made in lieu
of payment of damages to adjacent property of Seller. Construction of such structure(s)
shall be at the instance of Buyer. Buyer agrees that any plat of the above described
property submitted by Seller, or her heirs or assigns, shall not be denied approval at any
preliminary stage or as a final plat for the reason that such structure(s) has not been
commenced or completed. Seller, her heirs or assigns shall also have the right to use such
drainage ditch to the extent permitted by the master drainage plan of the City of Corpus
Christi for the purpose of draining Seller's adjacent property. Buyer agrees that Seller
shall be entitled to all extraordinary remedies available under the laws of the State of
Texas, including, without limitation, mandamus and injunctive relief, for the enforcement
of the terms of this paragraph.
12. It is agree that the terms of this agreement shall inure to the benefit of the
Seller, her heirs, executors, administrators, and assigns, and may be enforced against
Buyer by any of such parties.
3
EKECUTED in triplicate, either copy of which shall constitute an original, on
this �t� day of ,-1.444, ,
KittyeWolfe Gegtry) 4
Individually and as Independent
Executrix of the Estate of
W. H. Gentry, Deceased
SELLER
ATTEST:
Bill G. Read
City Secretary
APPRO
D
CITY OF CORPUS CHRISTI, TEXAS
By
Edward A. Martin
City Manager
BUYER
By 6, , // /
Assistant Cit 1 torney
K. Lon os,
istant City Manager
THE STATE OF TEXAS
COUNTY OF NUECES
1
1
3
,
This instrument was acknowledged before me on , 1981 by
Edward A. Martin as City Manager of the City of Corpus Christi, Texas.
THE STATE OF TEXAS
COUNTY OF NUECES
I
1
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 a A , 1981
by KitUtyr Wolfe Gentry, Individually and as Indep dent Execu rix of the Estate of
W. H. Gentry, Deceased.
"Real Estate Sales Contract"
FIVE POINTS AREA DRAINAGE OUTFALL
Parcel 7
Page 4 of 6
Public in and for the State of Texas
(NOTE: Please print, type, or stamp name +
expiration date of notary below)
/0--7-C.-
/(% : cG JE-cs-H,
z7 z72/k-Lvu
Allen L. Wolfe, Attorney n -Fact
for Kittie Wolfe Gentry
THE STATE OF TEXAS
COUNTY OF NOECES
This instrument was acknowledged before me on . , 1983, by
Allen L. Wolfe, as attorney—in—fact on beha of Kittij olfe Gentry.
�;• /r � Public, State of Texas
My commission expires: /0). 2 • efir-
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:iTY OF CCRPUS CHRISTI, TEXAS
:EPARTMENT OF ENGINEERING a
'HYSICAL DEVELOPMENT
IGHT OF WAY/EASEMENT ACOUISITION
WNER /r, 771 A/OtP 6ffA T/'7
ESCRIPTION
ROJECT• RG4LO4.47-p4LL
ATE — 5 - 'L & SCALP' /'__ e/r2 8Y
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"Real Estate Sales Contract"
Page 6 of 6
,EXh/A /rd
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article TV Section 21)
February 1, 1983
I certify to the City Council that $ 36,607.00 , 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
5 Pts Area Drainage Outfall Proj
Parcel 7 - Gentry
FIN 2-55
Revised 7/31/69
2� , 192112
Corpus Christi, Texas
pr day of
, 1983
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
MAYOR
THE CIT OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the llowing vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
17455