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Home My WebLink About17534 ORD - 03/23/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 2 IN CONNECTION WITH THE SURFSIDE TO TIMON BOULEVARDS STREET CONNECTION; APPROPRIATING $32,494; 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 2 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 $32,494 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 234dday of March, 1983. ATTEST: y Secretary APPROVEA DAY OF MARCH, 1983 XJ ruck, Aity Attorney MAYO THE C Y OF CORPUS CHRISTI, TEXAS 17534 MICROFILMED SEP 2 8 1984 R`T :4i ' SURFSIDE TO TIMON BOULEVARD Street Connection(1982) -at Coastal Ave. Parcel 2 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between C. C. Real Estate Co., Inc., a Texas Corporation, 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: All of Lot 106, Block 41, Corpus Beach Hotel Addition as recorded in Volume 1, Page 51, Map Records, Nueces County, Texas. Page 1 of 4 b, " 2. The purchase price is Thirty-two thousand Eighty-nine Dollars and no cents ($32,089.00). 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. 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 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 $1600.00 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 Estatd Sales Contract" SURFSIDE TO TIMON BLVD ST CONN Parcel 2 Page 2 of 4 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 six_'; (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 BLVD ST CONN Parcel 2 Page 3 of4 EXECUTED in triplicate, either copy of which shall constitute an original, on this r -,W day of , 1983. C.C. REAL ESTATE CO., INC. Abraham Braslau, President SELLER ATTEST: Bill G. Read City Secretary APPROVED: CITY OF CORPUS CHRISTI, TEXAS By Edward A. Martin City Manager BUYER `>1"-- DAY OF / \cA. L_ , 1983, J. BRUCE AYCOCK, CITY ATTORNEY James K. Lontos, P.E. Assistant City Manager THE STATE OF TEXAS COUNTY OF NUECES j CW -D i D• - istant City Attorney This instrument was acknowledged before me on , 198_ by Edward A. Martin as City Manager of the City of Corpus Christi, Texas. Notary Public in and for the State of Texas (NOTE: Please print, type, or stamp name + expiration date of notary below) THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged befo= me on by Abraham Braslau, President of the C. C. Real Estate Co. tion. _ "Real Estate Sales Contract" SURFSIDE TO TIMON BLVD ST CONN Parcel 2 Page 4 of 4 , 1983 nc., a Te�orpora- Notary Pu J is in and for/the State bf Texas (NOTE: P�/-ase print, ty e, or stamp name + piration date of notary below) Jaiw P.ESQi/vrL e -3/-1-y CITY OF CORPUS CBRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 22, 1983 I certify to the City Council that $ 32,494.00 , 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 from which it is proposed to be drawn, and such money is not appropriated for any other purpose. -acquisition Surfside to Timon Blvds St Conn Par. 42 - C.C. Real Estate Co. FIN 2-55 Revised 7/31/69 3-zv ,1923 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) Morph 97_ 19R3 I certify to the City Council that $ 37.494.110 , the cuatunt 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 Project No. •......• n...,A Vo...A 97n -R7-10 Project Name Ti�nn-Cnrfai An Aivda Rtrnat CnnnPCtiOn from which it is proposed to be drawn, and such money is not appropriated for any other purpose. -acquisition Surfside to Timon Blvds St Conn Par. #2 - C.C. Real Estate Co. FIN 2-55 Revised 7/31/69 7 , 192? 4, 0. t 1(1„4� Director of Finance Corpus Christi, Teras 234 day of , 198. 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, THE CITY 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 1'7534