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Home My WebLink About17606 ORD - 05/18/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF A PARCEL IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $23,018; 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 a parcel in connection with the Navy Clear Zones Land Acquisition Project, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $23,018 for acquisition of the abovementioned parcel from Airport Hazard Elimination Bond Fund applicable to Project No. 247-82-1. 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 purchase of land necessary for the Navy Clear Zones, 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 passedand shall take effect upon first reading as an emergency measure this the /p/ ti day of May, 1983. ATTEST: Secretary .42flee APPROVED A DAY OF MAY, 1983 J ruck, C y Attorney MAYOR THE CITOF CORPUS CHRISTI, TEXAS 17606 SEP 2 81984 NAVY CLEAR ZONES -1982 -N.A.S. Parcel 49 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES f This memorandum of agreement made and entered into by and between Alexandre Coussa, 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: The southwest fifteen feet (SW 15') of Lot two (2), all of Lots three (3), four (4), and five (5), and the northeast ten feet (NE 10') of Lot six (6), Block one (1), NAVAL CENTER ADDITION NO. 1, a subdivision of a portion of Lot one (1), Section fifty-six (56), Flour Bluff and Encinal Farm and Garden Tracts in the City of Corpus Christi, Texas, as shown by the map or plat thereof, recorded in Volume 8, Page 17, Map Records of Nueces County, Texas. Page 1 of 4 kxb•'A two Thousand Five hupdre 2. The purchase price is Twenty-FFiuxiPissismiSxBBIta xg c yc Dollars and no cents ($22,500.00). emamtxxxxxxxxxxl$254220x xx 3. The Seller(s) shall provide at the expense .,f 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 to 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 maybe herein otherwise provided. 7. Buyer has this day deposited with the title insurance company or title guaranty company the sum of $1,250 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" NAVY CLEAR ZONES Parcel 49 -Coussa 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 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" NAVY CLEAR ZONES Parcel 49 - Coussa Page 3 of 4 EXECUTED in triplicate, either copy of which shall constitute an original, on this df /4`4 , 198. Alexandre Co ATTEST: SELLER CITY OF CORPUS CHRISTI, TEXAS By Edward A. Martin City Manager Bill G. Read City Secretary APPROVED AS TO LEGAL FORM THIS `G{ uL , 1985. 4 DAY OF By . J. BRUCE AYCOCK, TY ATTORNEY Assistant City =t •rney THE STATE OF_ COUNTY OF Nf1 B 1 �:tKQsV6E L �/ This instrument was acknowledged before me on 198.7 by Alexandre Coussa. OFFICIAL SEAL ALBERT NICOLAS COUSSA NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. epees OCT 21, 1116 THE STATE OF TEXAS COUNTY OF NUECES BUYER Notary Public in and for the State of4Tursgc:/9-4/Aw, N//9 (NOTE: please print, type, or stamp + expira- tion date of notary below) 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 + expira- tion date of notary below) "Real Estate Sales Contract" NAVY CLEAR ZONES Parcel 49 -Coussa Page 4 of 4 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) May 6, 1983 I certify to the City Council that $ 23,018.00 , 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 Airport Hazard Elimination Bond Fund Project No. 247-82-1 Project Name Navy Clear Zones Land Acquisition from which it is proposed to be drawn, and such money is not appropriated for other purpose. -acquisition Parcel 49 (Coussa) k(ILA FIN 2-55 Revised 7/31/69 any 193 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) may 6. 1983 I certify to the City Council that $ 23.018.00 , 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 Airport Hazard Elimination Bond Fund Project No. 247-82-1 Project Name Navv Clear Zones Land Acauisition fiuu which it is proposed to be drawn, and such money is not appropriated for any other purpose. -acquisition Parcel 49 (Coussa) FIN 2-55 Revised 7/31/69 l; - , 19 s -3 Director of F2,'Hance( } Corpus Christi, Txa�s- �jj ''� day of �� / , l98`3 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 CITY F CORPUS CHRISTI, TEXAS The above ordinance was passed Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky the following vote: