The URL can be used to link to this page

Home My WebLink About17819 ORD - 09/07/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 35 IN CONNECTION WITH THE PURDUE ROAD STREET IMPROVEMENTS; APPROPRIATING $2,575; 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 35 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 $2,575 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 day of September, 1983. ATTEST: 7 , / Ci ecretary MAYOR THE CI Y OF CORPUS CHRISTI, TEXAS APPROVED:77516Y OF SEPTEMBER, 1983 J. Bi ce Aycock, City Attorney 17819 AI' SEP 28 MA MAROFILMED PURDUE ROAD STREET IMPROVEMENTS(1982) -Flour Bluff Diive to Laguna Shores Drive parcel 35 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between Buddy Seeds Development 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 Bayer agrees to buy the following described property situated in Nueces County, Texas, to -wit: See: Page 2 page 1 of 6 Being an irregularly shaped tract of land out of the north k of Lots 19 and 20, Section 54 of Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41 through 43 of the Nueces County, Texas, Map Records; and more completely described as follows: Beginning at the intersection of the south line of said north k Lot 19, same being the centerline of Purdue Road and the northwest boundary of said Lot 19; Thence N. 29° E., 20 feet along the north- west boundary of said Lot 19 to the west corner and point of beginning of this tract; Thence N. 29° E., 10 feet to the north corner of this tract; Thence S. 61' E., 1066.9' along a line parallel with the centerline of Purdue Road; Thence in an easterly direction, 15.71 feet along a curve concave to the north, having a radius of 10 feet and an internal' angle of 90'; Thence radially S. 61° E., 10 feet to the east corner of this tract; Thence S. 29° W., 20' along a line parallel with and 30 feet from the centerline of Laguna Shores Road; Thence N.'61° W., 1086.9 feet along a line parallel with the centerline of Purdue Road to the point of beginning of this tract and containing about .25 acres. "Real Estate Sales Contract" PURDUE RD ST IMP Parcel 35 - B. Seeds Corp. Page 2 of 6 2. The purchase price is Two thousand Three hundred Fifty dollars and no cents ($2,350.00). 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 $118.00 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 Estate Sales Contract" PURDUE RD ST IMP Parcel 35 - E. Seeds Corp. Page 3 of 6 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 Bayer may enforce performance of this contract by an action for specific performance thereof. 8. The Bayer 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" PURDUE RD ST IMP Parcel 35 - B. Seeds Corp. Page 4 of 6 EXECUTED in triplicate, either copy of which shall constitute an original, on this the 15day of (k,u,1&S� , 1983 . BUDDY SEEDS DEVELOPMENT CORP. ATTEST: Hart F. Smith, Secretary Buddy S , SELLERS ATTEST: eeds resident CITY OF CORPUS CHRISTI By Edward A. Martin City Manager City Secretary APPROVED AS TO LEGAL FORM THIS 014 -DAY OF /,J`ICinKL-- , 1983 . U Pr -JOfh ,' 6c• y Attorney(r%>si) THE STATE OF Texas COUNTY OF Nueces 1 1 BUYER APPROVED: James K. Lontos, P.E., Assistant City Manager This instrument was acknowledged before me on (ktAV - )6A11- , 1983 by Buddy Seeds, President of the Buddy Seeds Development,Corporation, on behalf of said corporation. THE STATE OF TEXAS COUNTY OF NUECES 1 X Notary Public in d for he State of Texas (NOTE: please print, type, or stamp + expira- tion date of notary below) -1:3osiAl,..l Rotc,Q- 1 cry G� oz 1oa\85 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" PURDUE RD ST IMP Parcel 35 Page 5 of 6 37v N29 : EXHIBIT "A" 4,e,E:21 = . 2 5.-d ,94FES CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING & `7y4(4v< PHYSICAL DEVELOPMENT. sNor.: RIGHT OF WAY/ EASEMENT ACQUISITION o $ 29 ° W 201 V/1/ OWNER: = fi DESCRIPTION= P.aeCEL- �` Ru a�eveer,_ ;0 G uevE 44C.90° • S orprr. PROJECT: P4.Pou� �Po DATE: 7—/C-/987- SCALE: /"=/O?BY' "Real Estate Sales Contract" Page 6 of 6 ' CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) September 6, 1983 I certify to the City Council that $ 2,575.00 , 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 220 Street Bond Fund Project No. ' 220-82-2 Project Name Purdue Road Street Improvements -Phase II from which it is proposed to be drawn, and such money is not appropriated for any other purpose. -acquisition Parcel 35 (Seeds) , 19 FIN 2-55 Revised 7/31/69 Corpus Christi, Tex 2 day of T 198a TO 983- 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 TH CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 17813