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Home My WebLink About17848 ORD - 09/28/1983TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE:ACQUISITION OF PARCEL 36 IN CONNECTION WITH THE PURDUE ROAD STREET IMPROVEMENTS; APPROPRIATING $1,188; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be authorized to execute the documents necessary for the acquisition of parcel 36 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 $1,188 out of the Street Bond Fund for this acquisition, applicable to Project 220-82-2. 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 /1 day of September, 1983. ATTEST: APPROVEDc00DA OF SEPTEMBER, 1983 .. Bruck, ty Attorney Id Ajr4firt/ MAYS' THE AfroF CORPUS CHRISTI, TEXAS 17848 SEP 2 8 X984 A.1CROFILMED PURDUE ROAD STREET IMPROVEMENTS (1982) Parcel 36 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between Mrs. Nancy D. Ulbrich, Mrs. Lula P. Duncan, Mrs. Jessie E. D. Parker of the County of Nueces, State of Texas, and Mrs. Lou Ann J. Rosebraugh, Mr. Ray Duncan of the County of Jim Wells, State of Texas, hereinafter call Seller(s), 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 Being a 331.7' x 14' rectangular strip out of the south 3/4 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 Nueces County, Texas, Map Records and more completely described as follows: Beginning at the intersection of the north- easterly line of said Lots 19 and 20, same being the centerline of Purdue Road with the northwest line of Lot 20; Thence S. 29' W., 20 feet to a point on the southwest R.O.W. of Purdue Road, same being a point on the northeast line and point of beginning of this tract; Thence S. 61° E., 138.7 feet parallel with the centerline of Purdue Road to the east corner of this tract; Thence S. 29° W., 14 feet along the north- west boundary of a .75 acre tract described in Nueces County, Deed Records, Volume 267, Page 157; Thence N. 61° W., 331.7 feet to the west corner of this tract; Thence N. 29° E., 14 feet along the southeast boundary of a five acre tract (467' x 467') of land owned by Joe Hensler and Henry Tucker, to the north corner of this tract; Thence S. 61° E., 193 feet parallel with the centerline of Purdue Road to the point of beginning of this tract and containing about .107 acres. PURDUE RD ST BOPS (1982) "Real Estate Sales Contract" Parcel 36(Duncan-et al) Page 2 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 Boyer 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 (1982) "Real Estate Sales Contract" Parcel 36(Duncan-et al) Page 4 of 7 EXECUTED in triplicate, either copy of which shall constitute an original, on this the 3Dr�day of OGUST > 1983. Mrs. Nancy D. Ulbrich Mrss. Lula P. Duncan Mrsr. Jessie E. D. Parker ATTEST: SELLERS Mrs. Lou Ann J. Rosebraugh 27-. Ray Duncan ft?. /re CITY OF CORPUS CHRISTI Bill G. Read Edward A. Martin City Secretary City Manager APPROVED AS TO GAL FORM THIS BUYER r)%'' day of t , 1983. J. BRUCE AYCOCK, CITY ATTORNEY By ( APPROVED: James K. Lantos, P.E. Assistant Ci .r torney Assistant City Manager R.w. co IP THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared Edward A. Martin, City Manager, of the CITY OF CORPUS CHRISTI, TEXAS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the ca- pacity therein stated and as the Act and Deed of said City. GIVEN UNDER my hand and seal of office, this day of 198 . Notary Public in and for the State of Texas PURDUE RD ST IMPR "Real Estate Sales Contract" parcel 36 (Duncan -et al) Page 5 of 7 THE STATE OF TEXAS COUNTY OF NUECES 1 This instrument was acknowledged before me on p uco UST 3hYNs 1981_ by Mrs. Nancy D. Ulbrich. THE STATE OF TEXAS COUNTY OF NUECES 1 X Ery Public in rp.d. fon, the State of Texas JOE M. RAYMOND, JR. Notary Public in and for the State o of Texas My Commission Expires---./:-._ This instrument was acknowledged before me 198 3 by Mrs. Lula P. Duncan. THE STATE OF TEXAS COUNTY OF NUECES 1 X on ptt6u S T. 3601/4, , NoE�ry Public i d fo he State of Texas JOE M. RAYMOND, JR. Notary Public in and for the State of Texas My Commission Expireq 3^ lava us -r30.4, This instrument was acknowledged before me on 198 $ by Mrs. Jessie E. D. Parker. THE STATE OF Texas COUNTY OF Jim Wells 1 1 N ary Public in afor ttik State` of Texas JOE M. RAYMOND, JR. Notary Public in and for the S�teof��as My Commission Expire ,•�,," This instrument was acknowledged before me on glfG/.57-1. � rJ s;1�1J8r by Mrs. Lou Ann J. Rosebraugh. •�,:,,,• ••„,.;\�,y. Notary Public in and for the State of Texas ''a:• �l++,l'i�`��JYmrq.et/. gxv,lzfs 7-3/-'4L THE STATE OF Texas 1 COUNTY OF Jim Wells X /� This instrument was acknowledged before me on /TLlG•ti6% 3O , '`1983 by lir. Rcy D a<t. • PURDUE RD ST IMP (1982) "Real Estate Sales Contract” parcel 36 Page 6 of 7 Notary Public in and for the State of Texas 44:07,9,7 • (NOTE: please print, type or stamp names + expiration dates of notaries below each notary public) EXHIBIT "A" I I /I /O /a 9 /8 9 /9 "+" o /93' „O PaernuE 5 6/°E 331.1 iV 6/ °W 331.7 X29°E 14 I e0 '4" ( /4 /cE 7 ac ADD / T /o,v,q L , 1 YV O 2 of j c T .fig-. f��,t67- - / 7 .4c.E7 -s CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING & PHYSICAL DEVELOPPENT. RIGHTOFWAY/EASEMENT A OWNERS /k�,/eQ/J -Estate DESCRIPTION: /4'-‘1•':74-.6.4 .3 6 PROJECT. PPP:.` A' //"//' DATE: -7- / 5 -/52,1i.:. SCALE: /./=-- 2 Oa BY: VY:/ "Real Estate Sales Contract" Page 7 of 7 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) September 27, 1983 I certify to the City Council that $ 1,188.00 , the amount required for the contract, agreement, obligation or expenditures contanplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name Project No. Project Name 220 Street Bond Fund 220-82-2 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 36 (Duncan, et al) FIN 2-55 Revised 7/31/69 .- ,1963 i ector o Hance Corpus Christi, Texas /7 day of C15:4_.Pp� 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 CI OF CORPUS CHRISTI, TEXAS The above ordinance was passed 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 by the following vote: 17'848