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Home My WebLink About18009 ORD - 01/04/1984TEXAS: AN ORDINANCE • AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 56 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $245,158.25; 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 56 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 $245,158.25 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 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 4th day of January, 1984. ATTEST: Secretary MAYOR THE CITY OF ORPUS CHRISTI, TEXAS APPROVED: h/ AY OF JANUARY, 1984 Bruco k City Attorney f&tGROHEEMED SEP2,819t4 18009 NAVY "CLEAR ZONES" (1982) -Waldron Parcel 56 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS § COUNTY OF NUECES § This memorandum of agreement made and entered into by and between Joe A. Hansler and wife, Micheline Hansler, hereinafter called Sellers, 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, WITNESSETH: 1:•`The Sellers, for the'consideration and upon the terms hereinafter 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: Being a 28.355 acre tract of land out of Lots 23 and 24, Section 39, Flour Bluff and Encinal Farm and Garden Tracts as shown by map of record in Volume A, Pages 41, 42, and 43, Nueces County, Texas, Map Records, said 28.355 acre tract ,being more particularly_ described by metes_and bounds as Beginning at the most easterly corner of said Lot 24 at the intersection of the centerline of Flour Bluff Drive and Caribbean Drive; thence North 61 degrees 00 minute West, 40.0 feet; thence South 29 degrees 00 minute West, 20.0 feet to the most easterly and beginning corner of the tract herein described; Thence South 29 degrees 00 minute West, with the northwest right-of-way line of said Flour Bluff Drive, a distance of 1,147.11 feet to a point for the most southerly corner of the tract herein described; Thence North 45 degrees 00 minute West, a distance of 1,333.93 feet to a point in the northwest line of said Lot 23 for the most westerly corner of the tract herein described; �xb'/9 Thence North 29 degrees 00 minute East, with the northwest line of said Lot 23, a distance of 779.43 feet to a point in the southwest right-of-way line of Caribbean Drive for the most northerly corner of the tract herein described; Thence South 61 degrees 00 minute East, with the southwest right-of-way line of said Caribbean Drive, a distance of 1,282.26 feet to the point of beginning. Containing 28.355 acres of land, more or less. A map of which is marked "Exhibit A" and attached hereto and made a part hereof for all purposes. 2. The purchase price is Two Hundred Forty -Three Thousand Five Hundred Dollars and no cents ($243,500.00). 3. It is expressly understood and agreed, however, that the purchase price and the exact legal description of the subject property are contingent upon a survey acceptable to both parties hereto, to be made by the buyer. The purchase price shall then be determined on the basis of the =following unit- values: all acreage subject to an avigation easement (approximately 22.855 acres) at Seven Thousand Five Hundred Dollars ($7,500.00) per acre; all acreage unencumbered by such avigation easement (approximately 12.5 acres) at Ten Thousand Dollars ($10,000.00) per acre; and all improvements at Seventeen Thousand and Twenty -Three Dollars ($17,023.00). The final total purchase price may be rounded to the nearest one hundred dollars by agreement of the parties. 4. The Sellers 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 insurance 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. 5. Upon the securing of the title insurance policy provided for herein, Sellers agree to deliver at the expense of Buyer a good'and sufficient general warranty deed drawn in accordance with the provisions of this contract, properly conveying said property to said Buyer, and Buyer agrees thereupon to make the cash payment. 6. All taxes to be paid by Sellers up to and including the year 1982. 7. All current taxes, if any, are to be prorated between the Buyer and the Sellers for the year 1983 to date of closing, except as may be herein otherwise provided. 8. Buyer has this day deposited with the title insurance company or title guaranty company the sum of $15,000 as earnest money hereunder to be applied on the cash payment above set out when the transaction is closed, at which time the balance of cash consideration shall also be paid. Should the Buyer fail to consumate this contract as herein specified for any reason, except title defects, and as herein otherwise provided, the Sellers shall be entitled to receive said cash deposit as liquidated damages for the breach of this contract, or may at their option, enforce specific performance hereof. When the executed deed and any other necessary executed 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 procedure. In the event Sellers fail 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. 9. 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. 10. 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 Sellers. -11. By Sellers execution hereof, Sellers acknowledge that they have read this agreement and understand that this agreement 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 Sellers execution or this agreement shall be null and void and none of the provisions hereinabove set out will bind _'either party. 12. It is understood that this property is being acquired under the threat of Eminent Domain Proceedings. 13. It is agreed that Sellers be allowed to retain the existing access to the remainder of Sellers' property via Caribbean Drive. 14. It is agreed that Sellers, at Sellers' expense, be allowed to transplant as many trees of their choice as desired from subject property to the remainder of Sellers' property which is Sellers' homestead. Areas where trees are removed will be cleaned, cleared and leveled by the Sellers, leaving no stumps or holes in the cleared areas. 15. It is agreed that in the event Waldron Field is closed and the subject clear zone is no longer needed, then the Sellers will have the option to repurchase said property at any time within five years of such event for the cash consideration of Two Hundred Forty -Three Thousand Five Hundred Dollars ($243,500.00) plus eight (8) percent per year simple interest compounded annually from the date of this ogreement' EXECUTED in triplicvte, either copy of which shall constitute an original, on this day of , 1983. CITY OF CORPUS CHRISTI \ ,tBy�� A. Hansler Edward A. Martin City Manager SELLERS 6 ATTEST: Bill G. Read, City Secretary � APPROVED: 1983. - 0. BRUCE AYCOCK, GITY ATTORNEY By James K. Lontos, P.E. Assista City Attorney THE STATE OF TEXAS § ^ This �in,trmne�m� s acknowledged before me ` on - . 1983 by Edward A. Martin as City Manager of the City of Corpus Christi, Texas. Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 1983 by Joe A. Hansler and wife, Micheline Hansler. Nota fuWState o Tex' • EXHIBIT "A" F.L. ciR /- 41 -'7”cr,•4: 777 ' Parc-e/ s.C6 Awy- CLEAR ZONE LRA140 AcQa/strioAl ./,c45,4.D.ecw F/4ZD ear/us -,-/-//, '-,,4- Jae ,e1 asyner 0 4t. lea .foo dee -0,0 4-/-47,%/c e/n Z'AVeaCe: /6/44-ne /76:9-s 51/-1.1, /47/9 APec-ar-46; Nuece." eyn'y , Texas • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) January 3, 1984 I certify to the City Council that $ 245,158.25 , 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 247 Airport Hazard Elimination Bond Fund Project No. 247-82-1 Project Nam Navy Clear Zones Land Acquisition from which it is proposed to be drawn, and such money is not appropriated for any other purpose. -acquisition Parcel 56 (Hansler) FIN 2-55 Revised 7/31/69 Corpus Christi, Texa day of Tidy, 1981 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 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 y the following vote: 19009