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Home My WebLink About17926 ORD - 11/09/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 1 IN CONNECTION WITH THE HEARN ROAD STREET REALIGNMENT PROJECT; APPROPRIATING $544; 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 1 in connection with the Hearn Road Street Realignment Project, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $544 out of the No. 220 Street Bond Fund, applicable to Project Number 220-77-51, 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 Hearn Road Street Realignment 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 9th day of November, 1983. ATTEST: Secretary - MAYOR CHRISTI, TEXAS APPROVED: DAY OF NOVEMBER, 1983 lBruce Aycock, ity Attorney THE CIT OF CORPUS .4 926 SEP 2 81984 MICROFILMED HEARN ROAD Street Realignment (1983) Parcel 1 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS 0 COUNTY OF NUECES This memorandum of agreement made and entered into by and between. Central Power and Light Company, 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 6 Being an irregular shaped tract out of Lon C. Hill, Unit I, as recorded in Volume 34, Page 103, Nueces County, Texas, Map Records and more particularly described as follows: Beginning at the most westerly corner of said Lon C. Hill, Unit I, said point also being the intersection of the east line of the Missouri Pacific Railroad right-of-way and the southwesterly right-of-way line of Hearn Road, as now established; Thence S. 53° 03' 00" W., along the south- westerly outh-westerly line of Hearn Road, a distance of 122.71 feet; Thence along a curve concave to the south- west having an initial tangent bearing of N. 53° 03' 00" W., an internal angle of 17° 27' 04" and a radius of 370 fact, a dis- tance of 112.69 feet to a point on the east line of the Missouri Pacific Railroad right - of way; thence N. 2° 20' 30" E., along said cast right-of-way line, a distance of 20.69 Feet to the point of• beginning, and containing 724.03 square feet or 0.0166 acres, more ' or less, "Real Estate Sales Contract" IIEAI1N RI) REALIGNMENT Parcel 1 (CP&L) Page 2 of 6 2. The purchase price is Three hundred nineteen Dollars and no cents ($319.00). 3. The Seller(s) shall provide at the expense of Bayer, 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 Bayer 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. All current taxes, if any, are to be prorated between the Bayer 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 $28.00 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 ompanywill close the transaction in accordance with its usual and customary "Real Estate Sales Contract" HEARN RD St Realignment Parcel 1 (CP&L) Page 3 of 6 cocedure. 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. Possessiou to be given to Buyer upon execution of "Warranty Deed" by Seller(s). 10. By Selier(s) execution hereof, Selier(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" HEARN RD ST Realignment Parcel 1 (CP&L) Page 4 of 6 EXECUTED in triplicate, either copy of which shall constitute an ffi original, on this the /7 ` day of f% ,/1 - , 7983. CENTRAL POWER AND LIGHT COMPANY f,/ ft -AZ E. R. Brooks, Senior Vice Prtsident SELLER ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF D pg„.4., 1983. By City Attorney Edward A. Martin City Manager APPROVED: James K. Lontos, P.E., Assistant City Manager THE STATE OF Texas ¢ COUNTY OF Nueces ¢ This instrument was acknowledged before me on , 1983 by E. R. Brooks, Senior Vice President of Central Power and Light Company, for said Company. . , • } ` � J,, .d _'.,"`"-`cam %�� Notary Public in and for the State of Texas (NOTE: please print, type, or stamp + expira— tion date of notary below) . , t ,, THE STATE OF TEXAS 6 IRENE SANDERS Notary Public State of Tun COUNTY OF NUECES 4 My Commission Expir This 8-28s- 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, r stamp + expira— y elow) "Real Estate Sales Contract" HEARN RD St Realignment Parcel 1 (CP&L) Page 5 of 6 r EXHIBIT "A" LoN 'C, Pia 1Jwr 1 135//16 'A O.O/(oho ACRE r,2ACr Our OF /D6 20 ACTIES CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING a PHYSICAL DEVELOPMENT. RIGHT OF WAY/EASEMENT ACQUISITION OWNER: CEaTIFAG P4,0E2 ,Wo //617 Ca. DESCRIPTION: 5772 -ger [.&4Wr OF WA/ Parcel f'1 • PROJECT: HEAtZN /Z 4P REAU6NMENT DATE: 0"29' 83 SCALE: / 2A BY: LM "Real Estate Sales Contract" Page 6 of 6 ' CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) I certify to the City Council that $ 544.00 November 8, 1983 , 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 Project No. Project Name 220 Street Bond Fund 220-77-51 Hearn Road Street Realignment (1983) fium which it is proposed to be drawn, and such money is not appropriated for any other purpose. -acquisition Parcel 1 (CPL) FIN 2-55 Revised 7/31/69 /1- 8 , 19e:3 .4, Corpu Christi, Texas day of , 198 3 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 ' TY OF CORPUS CHRISTI, TEXAS The above ordinance was passe the following vote: Luther Jones Betty N. Turner JO David Berlanga, Sr. Leo Guerrero /,./ Herbert L. Hawkins, Jr. // , Dr. Charles W. Kennedy Joe McComb / Frank Mendez Mary Pat Slavik 11925