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Home My WebLink About17963 ORD - 12/07/1983TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 2 IN CONNECTION WITH THE HEARN ROAD STREET REALIGNMENT PROJECT; APPROPRIATING $3,956; 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 2 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 $3,956 out of the No. 220 Street Bond Fund. 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 7th day of December, 1983. ATTEST: i ecretary APPROVED:02DAY OF DECEMBER, 1983 )BFuce Aycocfl, City Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 17963 'SEP 2 81984 MICROFILMED HEARN ROAD STREET REALIGNMENT (1983) Parcel 2 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES, This memorandum of agreement made and entered into by and between James P. Anderson and wife, Dora L. Anderson, 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, 111TNES SETH: 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 a 2.0 acre tract, as described in Nueces County, Texas, Deed Records, Volume 327, Pages 184 through 186 and more particularly described as follows: Beginning at the southeasterly corner of said 2.0 acre tract, said point also being the intersection of the west line of the Missouri Pacific Railroad Right -of -Way and the northerly right-of-way line of Hearn Road, as now established; Thence S. 89° 14' W., along the northerly line of Hearn Road, a distance of 15.43 feet; Thence along a curve concave to the north- east, having an internal angle of 54° 26' and a radius of 71.72 feet; a distance of 75.49 feet; Thence N. 36° 20' W., a distance of 62.1 feet; Thence S. 57° 37' 18" E., a distance of 32.13 feet; Thence along a curve concave to the north- east having an initial tangent bearing of S. 47° 18' 03"E., an internal angle of 22° 54' 13" and a radius of 270.0 feet, a distance of 107,93 feet to a point on the west line of the Missouri Pacific Railroad Right -of -Way; Thence S. 0° 46' E., along said west right- of-way line 0.58 feet to the point of be- ginning, and containing 1,755,16 square feet or 0.0403 acres, more or less. "Real Estate Sales Contract" HEARN ROAD ST REALIGNMENT Parcel 2 (Anderson) Page 2 of 6 2. The purchase price is Three thousand eight hundred eighty dollars and no cents ($3,880.00). 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 r.gainst 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 Bayer 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 $194.00 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" HEARN ROAD ST REALIGNMENT parcel 2 (Anderson) 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 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 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 ROAD ST REALIGNMENT Parcel 2 (Anderson) Page 4 of 6 EXECUTED in triplicate, either copy of /whichshall constitute an original, on this 297/ day of764.:LO--1ti(t .-j i , 1983 'IrL4„ /4`-')4^1. A9-6 Dora L. Anderson J,times P. Anderson SELLERS At EST: CITY OF CORPUS CHRISTI, TEXAS By City Secretary Edward A. Martin City Manager BUYER APPROVED AS TO LEGAL FORM THIS O DAY 0F2G�'�cr1/198 3 . J. BRUCE AYCOCK, CITY ATTORNEY By: THE STATE OF TEXAS COUNTY OF NUECES APPROVED: James K. Lontos, P.E. ity Attorney Assistant City Manager Thls' instrument was acknowledged before me on 24‘,/_$,,c4(....//1 1983 'by James P. Anderson and wife, Dora L. Anderson. THE STATE OF TEXAS COUNTY OF NUECES Notary—Public in and for the State of Texas (NOTE: please print, type, or stamp + expira- tion date of notary below) PAUL 0 LITTLE Notary Fub5 , In and for Nueces County, Texas My Conutdssion Expires/F-30. 19,74' 1 This instrument was acknowledged before me on 1983 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" HEARN ROAD ST REALIGNMENT Parcel 2 Page 5 of 6 • •cs c ,k. lice 327 R?C7E5 /6d -/8!0 SO°4 "E 258 '�- �lre • � 03 v`9- <-4 i CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING a PHYSICAL DEVELOPMENT. RIGHT OF .WAY/ EASEMENT ACQUISITION OWNER: c/44.7, -S5 P UX DESCRIPTION: 57 r 12i4' Nr CF 141`1.Y. PROJECT: Hg4r2/I 14.e" -Al) DATE: 87, SCALE. / = 2c BY: LM L SG9°, CITY OF CORPUS CEERISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) December 6, 1983 I certify to the City Council that $ G , the amount required for the contract, agreement, obligation or expenditures oontanplated 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. 220 Street Bond Fund 102 General Fund 220-77-51 ($3,956) 241-517.31-301 ($149) Project Nene Hearn Road Street Realignment (1983) from which it is proposed to be drawn, and such money is not appropriated for other purpose. -acquisition Parcel 2 (Anderson) FIN 2-55 Revised 7/31/69 any '7 ,1963 Corpus Christi, Texa 74 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, Respectfully, MAYOR Council Members , , THE CITY 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 17963