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Home My WebLink About17468 ORD - 02/09/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR - THE ACQUISITION OF PARCEL 3 IN CONNECTION WITH THE SURFSIDE TO TIMON BOULEVARDS STREET CONNECTION; APPROPRIATING $9,259 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 3 in connection with the Surfside to Timon Boulevards Street Connection, 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 $9,259 out of No. 220 Street Bond Fund applicable to Project No. 220-82-10, Timon/Surfside Boulevard -Coastal Avenue to Kleberg Place 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 ATTEST: day of February, 1983. ity ecretary MAYOR THE C Y OF CORPUS CHRISTI, TEXAS APPROVED:DAY OF FEBRUARY, 1983 ce Aycocity Attorney j'74 MICROFILMED SEP 2 81984 SURFSIDE TO TIMON BOULEVARDS STREET CONNECTION (1982) -at Coastal Ave. Parcel 3 THE STATE OF TEXAS COUNTY OF NUECES ff REAL ESTATE SALES CONTRACT This memorandum of agreement made and entered into by and between Ruby I. Harris, Individually, and Ruby I. Harris, Independent Executrix of the Estate of Ealey P. Harris, deceased 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 1 and 3, Block 40, Brooklyn Addition, a subdivision as recorded in Volume A, Page 30, Map Records, Nueces County, Texas, and further described as follows: Beginning at a point being:the west corner of said Lot 1; Thence N. 29° 04' E., 61.52 feet to a point for the north corner of this tract; Thence in a southerly direction, along the arc of a circular curve to the left, whose central angle = 44° 19' 38", radius = 111.00 feet, tangent = 45.22 feet, a distance of 85.87 feet to a point on the northerly right-of-way of Coastal Street; Thence N. 58° W„ along said right-of-way 53.76 feet to the point of beginning and containing 1,205.01 S.F., more or less. Page 1 of 5 • 2. The purchase price is Eight thousand nine hundred ninety dollars and no cents ($8,990.00). 3. The Seller(s) shall provide at the expense of Buyer, a title insurance policy, without exceptions to said title being Cade in said title *policy, which oolicy shall wholly insure and inde:nify 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, Selier(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 $450.00 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 soecified 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 BOULEVARDS STREET CONNECTION (1982) Parcel 3 (Horine) Page 2 of 5 procedure. In the event Seller(s) fail(s) to tender a deed conveying said property in accordance with the ter.:.s 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 re;-alatory 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 Selier(s) execution hereof, Selier(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. "Real Estate Sales Contract" SURFSIDE TO TIMON BOULEVARDS STREET(1982) Parcel 3 (Horine) Page 3 of 5 EXECUTED in triplicate, either copy of which shall constitute an original, on this 12th day of January , 1983_. I. HARJtIS, Afg I. HARRIS, Indepe Executrix of sta of le !_r[Jpl Harr s deceased By RU CITY OF CORPUS CHRISTI, TEXAS IndiVidual}y1 �,(�1`/' By a..k}tt O Edward A. Martin ATTEST: SCLLERS Bill G. Read City Secretary APP'OVED' -47 City Manager f DAY OF, Llil%—� _ , 198 3. BUYER J. BRUCE AY By fistant es K. nto ' P. City Manager THE STATE OF TEXAS COUNTY OF NUECES X X RNEY Assistant City rney 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 1 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 __]anusry l2fh , 198A. by RUBY I. HARRIS, Individually, and RU (-I, HARRIS, Estate of Ealey P. Harris, deceased. �• S E A L •My Commission Expires: ,; February 4, 1986 Independent Executrix of the ti. Notary Public in and for the State of Texas (NOTE: Please print, type, or stamp name + expiration date of notary below) PERRY HORINE "Real Estate Sales Contract" SURFSIDE TO TIMON BOULEVARDS STREET CONNECTION(1982) Parcel 3 (Horine) Page 4 of 5 A/ 68°N 53.76 1 50' 50' CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING a IYSICAL DEVELOPMENT. RIGHT OF WAY/ EASEMENT ACQUISITION OWNER: gXX XX X RUBY I. HARRIS_ DESCRIPTION:_gtec�L _ _3 _-- PROJ=CT-LN Silcr�/ink �I�RFSIDE to fl_ PN DATE:_--L.5_Bz SCALE: /y =e -c' Lz✓D ,4//GA6 gifiZGEG /205.0/ S.F/0277,Qc. LOTS /462a ,SF/o2355 flc. ,��2�✓��o�rc 9r'T99 .2 /2// 4 . BOULEVARDS ST. CONNECTIO';(1582) By: _ [AL_ "Real Estate Sales Contract" Page 1 of 5 .t CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 8, 1983 I certify to the City Council that $ 9,259.00 , 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 Street Bond Fund Project No. 220-82-10 Project Name Timon-Surfside Blvds. Street Connection which it is proposed to be drawn, and such money is not appropriated for any other purpose. Surfside to Timon Blvds St Conn Parcel 3 - Ruby Harris -acquisition FIN 2-55 Revised 7/31/69 , 19 R.3 Corpus Christi, Texx s� day of �i!%ui!!.l Lfil vii, 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, Council Members Respectfully, /Al MAYOR lr THE CIT OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky vote: 1.7488