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