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Home My WebLink About17786 ORD - 08/17/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 34 IN CONNECTION WITH THE PURDUE ROAD STREET IMPROVEMENTS; APPROPRIATING $4,726; 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 34 in connection with the Purdue Road Street Improvements, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $4,726 out of the Street Bond Fund 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 purchase of land necessary for the abovementioned street improvement project, 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 Al day of August, 1983. ATTEST: y Secre ary APPROVED(,;"DAY OF AUGUST, 1983 J. Bruce Aycock, C/]ty Attorney MAYOR / 6^/ THE ITY OF CORPUS CHRISTI, TEXAS 37786 MICROFILMED sEP 2 81984 PURDUE ROAD STREET IMPROVEMENTS (1982) Parcel 34 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS 0 COUNTY OF NUECES This memorandum of agreement made and entered into by and between Henry Tucker, Sr. and Joe Hensler, 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: See: Page 2 Page 1 of 7 Ex b ,A„ Being a 467' x 14' rectangular tract out of a 467' x 467' tract of land out of the south 3/4 of Lot 19, Section 54, Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41 through 43 of Nueces County Texas, Map Records; and more completely described as follows: Beginning at the intersection of the centerline of Purdue Road, same being the northeast line of the south 3/4 of said Lot 19, and the northwest boundary of said Lot 19; Thence S. 29° W., 20 feet along the northwest boundary of said Lot 19 to the point of beginning and north corner of this tract; Thence S. 61° E., 467 feet along a line parallel with Purdue Road; Thence S. 29° W., 14 feet to the south corner of this tract; Thence N. 61° W., 467 feet to the' west corner of this tract; Thence N. 29° E., 14 feet to the point of beginning and containing about .15 acres. PURDUE RD ST IMPR "Real Estate Sales Contract" Parcel 34 (Tucker/Hansler) Page 2 of 7 2. The purchase price is Four thousand Five hundred dollars and no cents ($4,500.00). 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. A11 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 $225.00 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 PURDUE RD ST IMPR "Real Estate Sales Contract" Parcel 34 (Tucker/Hansler) Page 3 of 7 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. PURDUE RD ST IMPR "Real -Estate Sales Contract" Parcel 34 (Tucker/Hansler) Page 4 of 7 EXECUTED in triplicate, either copy of which shall constitute an original, on this 27th clay of July , 198 3 oe Hansler S E L L£ S CITY OF CORPUS CHRISTI, TEXAS By Bill G. Read City Secretary THE STATE OF TEXAS COUNTY OF NUECES Edward A. Martin City Manager BUYER APPROVED AS TO LEGAL FORM THIS I9. DAY OF � , 1983 . BRUCE AYCOCK, CITY ATTORNEY By ,/tort' D 3su- sistant City Attorney This instrument was acknowledged before me on 1983 by Henry Tucker, Sr. THE STATE COUNTY OF NUECES July 27th , Notary •ublic in and for the State of Texas (NOTE: p =-se print, type, or stamp + expira- tiootary below) Helen C. eterson My •mmission Expires: January 31st, 1985 This instrument was acknowledged 198.1 by Joe Hansler. (k„ -- :: PURDUE RD ST IMPR "Real Estate Sales Contract" Parcel 34 Page 5 of 7 before me on 4Zeg&I Notary Public in and for the State of Texas (NOTE: please print, type, or stamp + expira- tion date of notary below) , CAROLE R. ARD THE STATE OF TEXAS COUNTY OF NUECES 1 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 & for the State of Texas (NOTE: please print, type, or stamp 4- expriation of notary below) PURDUE RD ST IMPR "Real Estate Sales Contract" Parcel 34 (Tucker/Hansler) Page 6 of 7 is - /- 9 EXHIBIT "A" /0 9 I NI I 4 - MI 1 46-7- ' 6/°V✓ 46'7' I p.rJe 0 1-167. Po S 29°►N • /4` /4 T'Div.4L /E)c3 lei/ O4_/r- ,!)FL) /9 >2cr 54 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING & PHYSICAL DEVELOPMENT. RIGHT OF WAY/ EASEMENT ACQUISITION OWNER: JoE N-aNfe ,ee ` 1/ ey Tutrt2 DESCRIPTION: r e . 34 PROJECT: .ru.P.oz/t:: '.o /HP DATE: 7-/5--19 Z SCALE: /"= /00' BY' I/vV "Real Estate Sales Contract" Page 7 of 7 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) August 17, 1983 I certify to the City Council that $ 4,726.00 , 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: Furel No. and Name Project No. 220 Street Bond Fund 220-82-2 Project Name Purdue Road Street Improvements -Phase II from which it is proposed to be drawn, and such honey is not appropriated for any other purpose. -acquisition Parcel 34 c -1 643 FIN 2-55 Revised 7/31/69 a,,p, /6, Corpus Christi, Tex :41440. 19' day of j , 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, MAYOR THE C SOF CORPUS CHRISTI, TEXAS The above ordinance was passed by t , following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky r77,86