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Home My WebLink About17993 ORD - 12/21/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 18 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $6,095; 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 18 in connection with the Navy Clear Zones Land Acquisition Project, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $6,095 out of the Airport Hazard Elimination 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 Navy Clear Zones Land Acquisition Project, such finding of an emergency is made and declared requiring suspension of the Charter Tule 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 21st day of December, 1983. ATTEST: ity ecretary APPROVED DAY OF DECEMBER, 1983 2Bruce Aycock, ity ttorney //res MAYOR THE ITY OF CORPUS CHRISTI, TEXAS MICROFILMED SEP 28 inn4 17993 NAVY CLEAR.ZONES (1982) -N.A.S. Parcel 18 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between Beulah B. Smith Estate, J. D. Smith, Executor, 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: Lot 12, Block 10, Naval Center Subdivision, a subdivision in the City of Corpus Christi, 77-2 Texas, according to the map or plat there- of, recorded in Volume 8, Page 18, Nap Records of Nueces County, Texas. Page 1 of 4 • 2. The purchase price is Five thousand Eight hundred fifty dollars and no cents '($5,850.00). 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 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 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 Buyer 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 $293.00 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" NAVY CLEAR ZONES -NAS Parcel 18 (Smith) -2- 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 Seller(s). upon execution of "Warranty Deed" by 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" NAVY CLEAR ZONES -NAS Parcel 18 (Smith) -3- EXECUTED in triplicate,' either copy of which shall constitute an original, on this � day offt,e-44k.et....—/ , 198 . Beulah B. Smith E e 6. D. Smith, F cutor SELLER ATTEST: Bill G. Read City Secretary APPROVED: CITY OF CORPUS CHRISTI, TEXAS By Edward A. Martin City Manager BUYER ,:f5t) DAY 0;2"6 -0 -Tx -e11 -110j, 1983. J. BRUCE AYCOCK, CITY ATTORNEY By James K. Lont:os, P.E. Assistant City Manager THE STATE OF TEXAS COUNTY OF NUECES X Assistant Cit ' Forney 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, or stamp name + expiration date of notary below) THE STATE OF TEXAS X COUNTY OF NUECES X This instrument was acknowledged before me on by.J. D. Smith, Executor, Beulah B. Smith Estate. "Real Estate Sales Contract" NAVY CLEAR ZONES -NAS Parcel 18 Page 4 of 4 Notary •Qblic in a for the tate of Texas (NOTE lease pri , type, or stamp name + expiration date of notary below) �Jo tfN P 6SQL/i✓c-L 3 /-' Y CITY OF CORPUS CHRISTI, TEXAS CERPIFICATION OF FUNDS (City Charter Article IV Section 21) December 20, 1983 I certify to the City Council that $ 6,095.00 , 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. 247 Airport Hazard Elimination Bond Fund 247-82-1 Project Name Navy Clear Zones Land Acquisition fLuLu which it is proposed to be drawn, and such money is not appropriated for any other purpose. -acquisition Parcel 18 (Smith) FIN 2-55 Revised 7/31/69 /2. - ,198,3 Corpus Christi, Texas o4( day of xeeddo , 1983 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, Council Members MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by 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 1.7093