HomeMy WebLinkAbout18117 ORD - 03/14/1984AN ORDINANCE
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF PARCELS 17, 28, 30, & 33 IN CONNECTION WITH
THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING
$40,067; 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 parcels 17, 28, 30, & 33 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 $40,067 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 14th day of March, 1984.
ATTEST:
Cit Secretary MAYOR
THE TY OF CORPUS CHRISTI, TEXAS
APPROVED: ��DAY OF MARCH, 1984
J. BRUCE A'(COCK, CITY ATTORNEY
By
Ass
tant
City Attorney
WED
SEp 281984
18117
Page 1 of 5
NAVN CLEAR ZONES LAND ACQIiISTTTON (1982)
-N.A.S.
Parcels 17, 28, 30, 33
REAL ESTATE SALES C0rINACT
TRE STATE OF TEXAS
COUNTY OF ?FECES
This memorandum of agreement made and entered into by and between
Carolyn W. Lipscomb, a feme sole,
hereiriafLer called Seller(s), of the County of Brazos,State of Texas,
and the City of Corpus Christi, hereinafter called Bayer, of the County
o1' Nueces, State of Texas,
11 1? 11 E S S E T 1!:
1. The Seller(s), for the consideration and upon the terms here-
1na1'Ler set out, hereby agree to sell and convey unto Buyer, and Buyer
agrees Lo buy the following described property situated in Nueces
County, Texas, to -wit:
PARCEL 17
All of that certain tract of
land measuring 100' by 130'
lying between Lots One (1)
and Two (2), Block Nine (9),
NAVAL CENTER, an addition
to the City of Corpus Christi,
Nueces County, Texas, being the
un -numbered lot in said Block
9, as shown by the map thereof,
recorded in Volume 8, Page 18,
Map Records of Nueces County,
Texas, containing 0.30 acres
of land, more or less.
PARCEL 28
Unnumbered lot in Block Twelve
(12), measuring 100' in depth
adjacent to Lot 1, and measuring
100' in depth adjacent to Lot 2,
and 130' on each abutting street,
NAVAL CENTER, a Subdivision of the
City of Corpus Christi, Nueces
County, Texas, according to the
map or plat thereof, recorded in
Volume 8, Page 18, Nap Records
of Nueces County, Texas.
PARCEL 30
Lot Eleven (11), Block Five (5),
NAVAL CENTER, a subdivision of
the City of Corpus Christi,
Nueces County, Texas, according
to the map or plat thereof,
recorded in Volume 8, Page 18,
Map Records of Nueces County,
Texas.
PARCEL 33
Lots Seventeen (17) and Eighteen
(18), Block Five (5), NAVAL
CENTER, a Subdivision of .the City
of Corpus Christi, Nueces County,
Texas, according to the map or
plat thereof, recorded in Volume
8, Page 18, Map Records of Nueces
County, Texas.
"Real Estate Sales Contract"
NAVY CLEAR ZONES(NAS)
Parcels 17,28,30,33(Lipscomb)
2
2. The purchase price is Thirty-nine Thousand Six hundred
Dollars and no cents ($39,600,00).
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.
. 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 1,980 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 consummate this contract
as herein 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)
Parcels 17,28,30,33(Lipscomb)
3
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
Seller(s).
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)
Parcels 17,28,30,33 (Lipscomb)
4
EXECUTED in triplicate, either copy of which shall constitute an original, on
this day of -AFGQ�>�17. , 19814.
Carolyn W. Lipscomb
ATTEST:
Bill G. Read
City Secretary
APPROVED:
SELLER
James K. Lontos, P.E.
Assistant City Manager
CITY OF CORPUS CHRISTI, TEXAS
By
Edward A. Martin
City Manager
BUYER
\\ DAY OF , 1981.
J. BRUCE AYCOCK, CITY ATTORNEY
By Qv A ,1
CGr01 FSi e� Qca
Assistant 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 X
COUNTY OF BRAZOS X
This instrument was acknowledged before me on
7sCi2cut 2c/ 198
by •Carolyn W. Lipscomb. G
LC 7LCJ fiJc�Y.-J7L CL JG�J`/
Notary Public in and for the State of Texas
(NOTE: Please print, type, or stamp name A-
' expiration date of notary below)
.L�re,�e �e,r,»c,JJn
3o, /9.1 — f..179 r C7 10 I? 7 ? t
"Real Estate Sales Contract"
NAVY CLEAR ZONES -NAS
Parcels 17,28,30,33
Page 5 of 5
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
March 13, 1984
I certify to the City Council that $ 49,067.00 , 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
frau which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
-acquisition
Parcels 17,28,30,33
(Lipscomb)
FIN 2-55
Revised 7/31/69
/� ,19ff
Corpus Christi, Texas
/1/'4- day of j , 198Y
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 CIT
IF
OF CORPUS CHRISTI, TEXAS
The above ordinance was passed ,y the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
Leo Guerrero .
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
18117 .