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HomeMy WebLinkAbout17828 ORD - 09/14/1983AN ORDINANCE AUTHORIZING THE CONVEYANCE TO TITO M. SANDOVAL, JR., LOTS 9 AND 10, BLOCK 5, NUECES BAY HEIGHTS ADDITION; ALL AS MORE FULLY SET FORTH IN THE SPECIAL WARRANTY DEED WITH VENDOR'S LIEN, DEED OF TRUST, AND THE PROMISSORY NOTE; 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 convey by Special Warranty Deed with Vendor's Lien to Tito M. Sandoval, Jr., Lots 9 and 10, Block 5, Nueces Bay Heights Addition in the City of Corpus Christi, Nueces County, Texas, for a consideration of $5,000, all as more fully set forth in the Special Warranty Deed with Vendor's Lien, Deed of Trust, and the Promissory Note, a copy of each being attached hereto and made a part hereof, marked respectively Exhibits "A", "B", and "C". SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the immediate need for efficient and effective administration of City affairs by conveying the above described property as set forth in the Special Warranty Deed, 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 A�� day of September, 1983. ATTEST: i; C y Secretary APPROVED: / y,'ft DAY OF SPETEMBER, 1983 J. BRUCE AYCOCK, CITY ATTORNEY ant City Attorney 1'7828 OF CORPUS CHRISTI, TEXAS SEP 281994 ARCRQE.ILMED. EXHIBYT "At' SPECIAL WARRANTY FEED WITH VENDOR'S LIEN THE STATE OF TEXAS 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES 1 That I, Edward A, Martin, the duly appointed City Manager of the City of Corpus Christi, a municipal corporation of the County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration to the undersigned cash in hand paid by the Grantee herein named, the receipt of which is here- by acknowledged, and the further consideration of the execution and delivery by Grantee of his one certain promissory note of even date herewith in the principal sum of Four Thousand Five Hundred Dollars and no cents ($4,500.00)... payable to the order of Grantor in monthly installments and bearing interest as therein provided, con- taining the usual clauses providing for acceleration of maturity and for attorney's fees, the payment of which indebtedness is secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith to Charles J. Daley, Trustee, have GRANTED, SOLD, and CONVEYED, and by these pre s e n t s do GRANT, SELL, and CONVEY unto Tito M. Sandoval, Jr. of the County of Hidalgo and State of Texas, all of the following described real property in Nueces County, Texas, to -wit: All of Lots 9 and 10, Block 5, Nueces Bay Heights Addition, a Subdivision of the City of Corpus Christi, Texas as shown by the map or plat hereof, as recorded in Volume 1754, Page 177 of the Map Records of Nueces County, Texas. Page 1 of 2 ,EXE/ 'i9 TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, his (her)(their) heirs and assigns forever; and I do hereby bind myself, my successors and assigns to warrant and for- ever defend all and singular the said premises unto the said Grantee, his (her)(their)'heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under the City of Corpus Christi; but not otherwise. But it is expressly agreed that the Vendor's Lien, as well as the superior title in and to the above described premises, is retained a- gainst the above described property, premises and improvements until the above described note and all interest thereon is fully paid ac- cording to the face, tenor, effect, and reading thereof, when this Deed shall become absolute. EXECUTED this day of , 198_• Arrt.ST: CITY OF CORPUS CHRISTI APPROVED By: Edward A. Martin City Secretary City Manager DAY OF , 198_• J. BRUCE AYCOCK, CITY ATTORNEY By: APPROVED: James K. Lantos, P.E. Assistant City Attorney Assistant City Manager THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 198_ by Edward A. Martin, City Manager of the City of Corpus Christi, Texas, a municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas (NOTE: please print, type, or stamp notary name + commission expiration date below) "Special Warranty Deed with Vendor's Lien" Page 2 of 2 Prepared by the State Bar of Texas for use by Lawyers only. Revised I-1-76 NOTICE To select the proper form, fill in blank spaces. strike out form provisions or insert special mins constitutes the practice of law. No "standard form" can • meet all requirements. DEED OF TRUST THE STATE OF TEXAS COUNTY OF Nueces That I, Tito M. Sandoval, Jr. EXHIBIT "B" KNOW ALL MEN BY THESE PRESENTS: of . Hidalgo County, Tesa4, hereinafter called Grantors (whether one or more) for the purpose of securing the indebtedness herenmfter described, and in consideration of the sum of TEN DOLLARS ($10.00) to us in hand paid by the Trustee hereinafter named, the receipt of which is hereby acknowledged, and for the further consideration of the uses, purposes and trusts hereinafter act foith, have granted. sold and conveyed, and by these presents do grant, sell and convey unto Charles J. Daley Trustee, of . Nueces County. Texas, and his substitutes or successors. all of the following described property situated in Nueces County, Texas, to -wit: All of Lots Nine (9) and Ten (10), Block Five (5), Nueces Bay Heights Addition to the City of Corpus Christi, Texas, as shown by the map or plat thereof, recorded in Volume 1754, Page 177, Map Re- cords, Nueces County, Texas. TO HAVE AND TO HOLD the above described property, together with the rights, privileges and appurtenances thereto belonging unto the said Trustee, and to his substitutes or successors forever. And Grantors do hereby hind themselves, their heirs, executors, administrators and assigns to warrant and forever defend the said premises unto the said Trustee, his substitutes or successors and assigns forever, against the claim, or claims, of all persons claiming or to claim the same or any part thereof, by, through or under the City of Corpus Christi, but not otherwise. This conveyance, however, is made in TRUST to secure payment of one promissory note ......... of even Four Thousand Five Hundred Dollars and no cents........ date herewith in the principal sum of Dollars (5 4,500.00 executed by Grantors, payable to the order of the City of Corp., Christi, at the office of the Director of the Department of Finance. in Ilse City of Corpus Christi Nueces County, Texas as follows, to -wit: i L r8 properly upon demand, the Purchaser, his heirs or assigns, shall he entitled to institute and maintain an action for forcible detainer of said property in the Justice of the Peace Court in the Justice Precinct in which such property, or any part thereof, is situated. 11 is agreed that the lien hereby created shall lake precedence over and he a prior lien to any other lien of any character whether vendor's. maierialmen's or mechanic's lien hereafter created on the above described property, and in the event the proceeds of the indebtedness secured hctchy as set forth herein are used to pay off and satisfy any liens heretofore existing on said property, then Beneficiary is, and shall bc, subrogated to all of the rights, liens and remedies of the holders of the in- debtedness so paid. It o further agreed that if Grantors, their heirs or assigns, while the owner of the hereinabove described property. should commit an act of bankruptcy, or authorize the filing of a voluntary petition in bankruptcy, or should an act of bankruptcy be committed and involuntary proceedings instituted or threatened, or should the property hereinabove described be taken over by a Receiver for Grantors, their heirs or assigns, the note hereinabove described shall, at the option of Beneficiary, immediately become due and payable, and the acting Trustee may then proceed to sell the same under the provisions of this Deed of Trust. As further security for the payment of the hereinabove described indebtedness, Grantors hereby transfer, assign, and convey unto Beneficiary all rents issuing or to hereafter issue from said real property, and in the event of any default in the payment of said note or hereunder, Beneficiary, his agent or representative, is hereby authorized, at his option, to collect said rents, or if such property is vacant to rent the same and collect the rents, and apply the same, less the reasonable costs and expenses of collection thereof, to the payment of said indebtedness, whether then matured or to mature in the future, and in such manner as Beneficiary may elect. The collection of said rents by Beneficiary shall not constitute a waiver of his right to accelerate the maturity of said indebtedness nor of his right to proceed with the enforcement of this Deed of Trust. It is agreed that an extension, or extensions. may he made of the time of payment of all, or any part, of the indebtedness secured hereby, and that any part of the above described real property may be released from this lien without altering or affecting the priority of the lien created by this Decd of Trust in favor of any junior encumbrancer, mortgagee or purchaser, or any person acquiring an interest in the property hereby conveyed, or any part thereof; it being the intention of the parties hereto to preserve this lien on the property herein described and all improvements thereon, and that may he hereafter constructed thereon, first and superior to any liens that may he placed thereon, or that may be fixed, given or imposed by law thereon after the execution of this instrument notwithstanding any such extension of the time of payment, or the release of a portion of said property from this lien. In the event any portion of the indebtedness hereinabove described cannot be lawfully secured by this Deed of Tntst lien on said real property, it is agreed that the first payments made on said indebtedness shall be applied to the discharge of that portion of said indebtedness. Beneficiary shall he entitled to receive any and all sums which may become payable to Grantors for the condemnation of the hereinahove described real property, or any part thereof, for public or quasi -public use, or by virtue of private sale in lieu thereof, and any sums which may be awarded or become payable to Grantors for damages caused by public works or construction on or - near the said property. All such sums are hereby assigned to I3eneficiary, who may, after deducting therefrom all expenses actually incurred, including attorney's fees, release sante to Grantors or apply the sante to the reduction of the indebtedness hereby secured, whether then matured or to mature in the future, or on any money obligation hereunder, as and in such manner as Beneficiary may elect. Beneficiary shall not he, in any event or circumstances, liable or responsible for failure to collect, or exercise diligence in the collection of, any such sums. Nothing herein or in said note contained shall ever entitle Beneficiary, upon the arising of any contingency whatsoever, to receive or collect interest in excess of the highest rate allowed by the laws of the State of Texas on the principal indebtedness hereby secured or on any money obligation hereunder and in no event shall Grantors be obligated to pay interest thereon in excess of such rate. If this Deed of Trust is executed by only one person or by a corporation the plural reference to Grantors shall be held to include the singular and all of the covenants and agreements herein undertaken to be performed by and the rights conferred upon the respective Grantors named herein. shall he binding upon and inure to the benefit of not only said parties respectively but also their respective heirs, executors, administrators, grantees, successors and assigns. Grantors expressly represent that this Deed of Trust and the Note hereby secured are given for the following purpose, to -wit: EXECUTED this The indebtedness, the payment of which is hereby secured, is in part payment of the purchase price of the real property herein des- cribed, and is also secured by a vendor's lien thereon retained in deed of even date to the under- signed, and this Deed of Trust is given as additional security for the payment of said indebtedness. day of - A. D. 19 83 Tito M. Sandoval, Jr. PROMISSORY NOTE $4,500.00 EXHIBIT "C" Corpus Christi, Texas , 19_ For value received, I, as principal, agree to pay to the order of the City of Corpus Christi, Texas, in the City of Corpus Christi, Nueces County, Texas, the sum of Four Thousand Five Hundred Dollars and no cents ($ 4,500.00 ), in legal and lawful money of the United States of America, with interest thereon from date hereof until matur- ity at the rate of ten percent (10%) per annum; matured un- paid principal and interest shall bear interest at the rate of ten percent (10%) per annum from date of maturity until paid. This note is due and payable as follows, to -wit: In 60 monthly installments of Ninety -Five Dollars and 62/100 ($95.62 ) or more each, from each of which installments the accrued in- terest on the entire unpaid principal shall be first deducted, and the remainder applied to the payment of the principal, the first of which installments is due on or before October 1st.. 1983, and the others regularly, and upon the lst.'day of each succeeding calendar month thereafter until this note, both principal and interest, has been duly paid. Payment hereof is secured by a Vendor's Lien expressly retained in deed of even date herewith executed by Edward A. Martin, City Manager of the City of Corpus Christi, to the maker hereof upon the hereinafter described real property, to -wit: All of Lots nine (9) and ten (10), Block five (5), Nueces Bay Heights Addition to the City of Corpus Christi, Texas, as shown by the map or plat thereof, re- corded in Volume 1754, Page 177, Map Records, Nueces County, Texas. Page 1 of 2 It is expressly provided that upon default in the punctual payment of this note or any part thereof, principal or interest, as the same shall become due and payable, the entire indebted- ness evidenced hereby shall be matured, at the option of the holder. In the event this note, or any part hereof, is col- lected through probate, bankruptcy or other judicial proceedings by an attorney or is placed in the hands of an attorney for collection after maturity, then the undersigned agree and promise to pay a reasonable attorney's fee for collection, which in no event shall be less than ten percent (1O%) of the principal and interest then owing. Each maker, surety, and endorser of this note expressly waives all notices, demands for payment, presentations for pay- ment, notices of, intention to accelerate the maturity, protest and notice of protest, as to this note and as to each, every and all installments hereof, and each consents that the payee or other holder of this note may at any time, and from time to time, upon request of or by agreement with any of us, extend the date of maturity hereof or change the time or method of payments without notice to any of the other makers, sureties or endorsers, who shall remain bound for the payment hereof. THE STATE OF TEXAS X Tito M. Sandoval, Jr. COUNTY OF HIDALGO I This instrument was acknowledged before me on 19 83 by Tito M. Sandoval, Jr. Notary Public in and for the State of Texas (NOTE: please print, type or stamp not- ary public name and commission expiration date below) "Promissory Note" Page 2 of 2 Corpus Christi, Tex / "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, MAYOR THE CITY s CORPUS CHRISTI, TEXAS The above ordinance was passe the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero de Herbert L. Hawkins, Jr. / i , i� Dr. Charles W. Kennedy /", 1i Joe McComb ie. Frank Mendez 1 Mary Pat Slavik 1 x:7828