HomeMy WebLinkAbout18056 ORD - 01/25/1984AN ORDINANCE
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF PARCEL 53 IN CONNECTION WITH THE NAVY CLEAR
ZONES LAND ACQUISITION PROJECT; APPROPRIATING $356,084; 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 53 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 $356,084 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 25th day of January, 1984.
ATTEST:
'3�bG6c�
APPROVED: 1G DAY OF ',JANUARY, 1984
-' r',\ E.e�r. 4c moss's+o t- GJ�l�l�c��
-s. J. Drucc Aycock, city Attorney
MAYOIft.i
THE C TY OF CORPUS CHRISTI, TEXAS
SEp 2 81984
MICROFILMED
18056
CLEAR ZONES (1982)
-Waldron
Parcel 53
REAL ESTATE SALES CONTRACT
TILE STATE OF TEXAS 0
COUNTY OF NUECES
This memorandum of agreement made and entered into by and between
Gene Smith and wife, Sue B. Smith,
lieveinafter called Seller(s), of the County of Plueces, State of Texas,
and the City of Corpus Christi, hereinafter called Buyer, of the County
of lueces, State of Texas,
W 1T NES 5ETI{:
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 Plueces
County, Texas, to -wit:
SEE: Pages 2 and 3
Page 1 of 7
b.•
TRACT NO. 1
Field notes for 'a 13.18 acre tract of land
out of Lots 9 and 10, 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 and being out of that certain
120 acre tract of land conveyed to Gene
Smith and wife, Sue B. Smith by Deed re-
corded in Volume 1901, Page 438, Nueces
County, Texas Deed Records, said 13.18
acre tract being more particularly des-
cribed by metes and bounds as follows:
Beginning at a 1 inch iron pipe at the in-
tersection of the west right-of-way line
of Flour Bluff Drive and the north right-
of-way line of Caribbean Drive, from
whence the southeast corner of said Lot 9,
bears South 29 degrees 00 minutes West,
30.00 feet, and South 60 degrees 59
minutes 15 seconds E., 40.00 feet for the
most southerly and beginning corner of
the tract herein described;
Thence North 60 degrees 59 minutes 15
seconds East, with the north right-of-way
line of said Caribbean Drive, a distance
of 87.65 feet to a 1 inch iron pipe for
the most westerly corner of the tract
herein described;
Thence North 0 degree 03 minutes 15
seconds East, a distance of 1,475.93 feet
to a 1 inch iron pipe in the north line
of said Lot 10, the north line of said
120 acre tract for the most northerly
corner of the tract herein described;
Thence South 60 degrees 57 minutes 20
seconds East, with the north line of
said Lots 9 and 10, the north line of
said 120 acre tract, and generally
with a wire fence, a distance of 801.98
feet to a 1 inch iron pipe in the west
right-of-way line of said Flour Bluff
Drive for the most easterly corner of the
tract herein described;
Thence South 29 degrees 00 minutes West,
with the west right-of-way line of said
Flour Bluff Drive and with a wire fence,
a distance of 1,290.95 feet to the point
of beginning.
Containing 13.18 acres of land, more or
less.
"Real Estate Sales Contract"
NAVY CLEAR ZONES
(Waldron)
Parcel 53 (Smith)
Page 2 of 7
TRACT NO. 2
Field notes for a 9.56 acre tract of land
out of Lots 9, 10, 11, and 12, 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 and being out of that
certain 120 acre tract of land conveyed
to Gene Smith and wife, Sue B. Smith by
deed recorded in Volume 1901, Page 438,
Nueces County, Texas, Deed Records, said
9.56 acre tract of land being more par-
ticularly described by metes and bounds
as follows:
Beginning at a 1 inch iron pipe in the
north right-of-way line of Caribbean
Drive from whence the southeast corner of
said Lot 9, bears South 60 degrees 59 min-
utes 15 seconds East, 586.51 feet, and South
29 degrees 00 minutes West, 30.0 feet, for
the most easterly and beginning corner of
the tract herein described;
Thence North 60 degrees 59 minutes 15
seconds West, with the north right-of-
way line of said Caribbean Drive, a
distance of 1,772.30 feet to a 1 inch
iron pipe for the most westerly corner
of the tract herein described;
Thence North 45 degrees 01 minutes 35
seconds East, a distance of 488.93 feet
to a 1 inch iron pipe for the most
northerly corner of the tract herein
described;
Thence South 44 degrees 58 minutes 25
seconds East, a distance of 1,703.53
feet to the point of beginning.
Containing 9.56 acres of land, more or
less,
"Real Estate Sales Contract"
NAVY CLEAR ZONES
(Waldron)
Parcel 53 (Smith)
Page 3 of 7
' 2. The purchase price is Three Hundred Fifty -Three Thousand Eight
Hundred Sixteen Dollars and no cents ($353,816.00).
3. The Seiler(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 tible 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
1983.
6. All current taxes, if any, are to be prorated between the Buyer
and the Seller(s) for the year 1984 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 $25,000
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
(Waldron)
Parcel 53 (Smith)
Page 4 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 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.
11. It is understood that the Seller(s) retain the mineral
rights for subject property.
12. It is agreed that in the event Waldron Field is closed and
the subject clear zones are no longer needed, then the Seller(s) will
have the option to repurchase said property at any time within five (5)
years of such event for the cash consideration of Three hundred fifty
three Thousand Eight hundred sixteen Dollars ($353,816.00) plus eight
(8) percent per year simple interest compounded annually from the date
of this agreement.
"Real Estate Sales Contract"
NAVY CLEAR ZONES
(Waldron)
parcel 56 (Smith)
Page 5 of 7
EXECUTED in triplicate, either copy of which shall constitute an original, on
day of , 198 .
this
Sue B. Smith
SELLERS
ATTEST:
By
Bill G. Read
City Secretary
APPROVED:
James K. Lontos, P.E.
Assistant City Manager
CITY OF CORPUS CIIRISTI, TEXAS
Edward A. Martin
City Manager
BUYER
DAY OF , 198
J. BRUCE AYCOCK, CITY ATTORNEY
By 7'1-,
`,�z
C
A ssistant City Attorney
THE STATE OF TEXAS X
COUNTY OF NUECES X
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
COUNTY OF NUECES I
This instrument was acknowledged before me on t r,e--c ccc
by Gene Smith and wife, Sue B. Smith.
"Real Estate Sales Contract"
NAVY CLEAR ZONES
(Waldron)
Parcel 56
Page 6 of 7
(/
i2, 1982
Notary Public in and for the State of Texas
(NOTE: Please print, type, or stamp name +
expiration date of notary below)
KENNETH T. KOHRS
Notary Pch!:c in and for the State of Texas
My Commission Expirec iz- /7- i��
Parcel No.53
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CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
January 24, 1984
I certify to the City Council that $ 356,084.00 ' , the anoint 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 Name Navy Clear Zones Land Acquisition
from which it is proposed to be drawn, and such Honey is not appropriated for any
other purpose.
-acquisition
Parcel 53
(G. Smith�-
404 tl
FIN 2-55
Revised 7/31/69
/- -- , 198
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
January 24, 1984
I certify to the City Council that $ 356,084.00 , 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 °47 Airo,rt ua,ard Elimination nand Fund
Project No.
Project Name Navy Clrar 7nne, Lane Acmiiaition
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
-1cq;i;itiun
Pircel 53
6?. Sm' th)
t.
Director of Finance y
/ f
FIN 2-55
Revised 7/31/69
Corpus Christi, Tex
Alell—day of
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 OD:_
THE CITY OF CORPUS CHRISTI, TEXAS
Council Members
The above ordinance was passed the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
Leo Guerrero ��L�
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
18056