HomeMy WebLinkAbout18128 ORD - 03/21/1984AN ORDINANCE
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF PARCELS 9, 9A, AND 12 IN CONNECTION WITH THE
NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING
$53,455; 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 9, 9A, and 12 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 $53,455 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 21st day of March, 1984.
ATTEST:
Secretary MAYO
APPROVED:a SAY OF MARCH, 1984
J. BRUCE AYCOCK, CITY ATTORNEY
tant City Attorney
THE CI Y OF CORPUS CHRISTI, TEXAS
ED
sgp 4 151984
18128'
NAVY CLEAR ZONES (1982)
-N.A.S.
Parcels 9, 9A, 12
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
This memorandum of agreement made and entered into by and between
Haskell John Self and wife, Florins Self, Viola S. Moser, a widow, of
the County of Nueces, State of Texas and Mabel S. Lehner, a widow, of
the County of Vilas, State of Wisconsin, hereinafter called Seller(s),
and the City of Corpus Christi, hereinafter called Buyer, of the County
of Nueces, State of Texas,
WITNESSETIi:
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 (Tract I)(Parcel 9)
Page 3 (Tract II)(Parcel 9A)
Page 4 (Tract III)(Parcel 12)
Page 1 of 10
TRACT I (Parcel 9)
Being a 1.37 acre tract of land
out of Lot 6, Section 47, Flour
Bluff and Encinal Farm and
Garden Tracts shown by plat in
Volume A, Pages 41-43, Map
Records, Nueces County, Texas
and described by metes and
bounds as follows:
Beginning at a point being the
southeast corner of said Lot 6;
Thence N. 61° W., along the
southwest boundary of Lot 6,
330.00 feet to a point;
Thence N. 44° 57' 40" E.,
206.17 feet to a point;
Thence S. 61° E., 273.43 feet
to a point;
Thence S. 29° 02' W., 198.17
feet to the point of beginning.
"Real Estate Sales Contract"
NAVY CLEAR ZONES -NAS
Parcels 9,9A,12(Self-Lehner-Moser) 2
TRACT II (Parcel 9A)
Being a rectangularly shaped
tract of land out of Lot 11,
Section 6, Flour Bluff and
Encinal Farm and Garden
Tracts, shown by plat in
Volume A, Pages 41-43, map
records, Nueces County,
Texas and being more partic-
ularly described as follows:
Beginning at a point being the
east corner of said Lot 11 for
the point of beginning of this
tract;
Thence S. 29° E., 132.00 feet
to a point;
Thence N. 61° W., 330.00 feet
to a point -for the south
corner of this tract;
Thence N. 29° W., 132.00 feet
to a point in the southeast
boundary of Corpus Christi
Naval Air Station;
Thence S. 61° E., 330.00 feet
to the point of beginning
and containing 1.00 acres,
more or less.
a
"Real Estate Sales Contract"
NAVY CLEAR ZONES -NAS
Parcels 9,9A,12(Self-Lehner-Moser)
3
TRACT III (Parcel 12)
Lot One (1), Block
Fifteen (15), NAVAL
CENTER, an addition to
the City of Corpus
Christi, Nueces
County, Texas, as
shown by the map or
plat thereor, re-
corded in Volume 8,
Page 18 of the Map
Records of Nueces
County, Texas.
"Real Estate Sales Contract"
NAVY CLEAR ZONES -NAS
Parcels 9,9A,12(Self-Lehner-Moser) 4
2. The purchase price is Fifty-two thousand Nine hundred
Dollars and no cents ($52,900.00).
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
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 $2,645 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 9,9A,12(Self-Lehner-Moser)
5
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"
NAVY CLEAR ZONES -NAS
Parcels 9,9A,12(Self-Lehner-Moser) 6
EXECUTED in triplicate, either copy of which shall constitute an
original, on this the %,1T4- day of f=rlfi , 198j.
cf-a.% 41(
Haskell John Self
'1.1/ -1
7Z
F-loiine Self
(t .,/, y (ir) 25.11270/0;
Mabel S. Lehner Viola S. Moser
SELLERS
ATTEST: CITY OF CORPUS CHRISTI
By
Edward A. Martin
City Secretary City Manager
APPROVED AS TO LEGAL FORM THIS BUYER
")21-
- DAY 0
te-ai 411.
45n(CitY Attorney/
, 198g.
C(.v�FFctJ
THE STATE OF TEXAS
COUNTY OF NUECES
APPROVED:
James K. Lontos, P.E.,
Assistant City Manager
This instrument was acknowledged before me on , 198 �-! by
Haskell John Self and wife, Florine Self.
THE STATE OF TEXAS
COUNTY OF NUECES
N3t):PPublic in and `f8r the State of
(NOTE: please print, type, or stamp +
tion date of notary below)
JOE M. RAYMOND, JR.
Notary Public in and for the State of Texas
My Commission Expire
Texas
expira-
This instrument was acknowledged before me on , 198_ by
Edward A. Martin as City Manager of the City of Corpus Christi, Texas.
"Real Estate Sales Contract"
NAVY CLEAR ZONES -NAS
Parcels 9,9A,12
Notary Public in and for the State of Texas
(NOTE: please print, type, or stamp + expira-
tion date of notary below)
7
THE STATE OF WISCONSIN I
COUNTY OF VILAS
This instrument was acknowledged before me on
Lehner.
2Z- , 198L by Mabel S.
1
Notary Public in and for the State of Wisconsin
(NOTE:\ please print, type, or stamp name +
expiration date of notary below)
6k, L C'3 R, _
�1' ) CU 0.1,, ,n,. ,J re 7w'hrn1
THE STATE OF TEXAS
COUNTY OF NUECES T
This instrument was acknowledged before me on
1984 by Viola S. Moser.
N ary Public in a for the State of Texas
(NOTE: please print, type, or stamp name +
expiration date of notary below)
JOE M. RAYMOND, JR.
Notary Public in and for the State of Texas
My Commission Expires 3" 3 -x5
"Real Estate Sales Contract"
NAVY CLEAR ZONES -NAS
Parcels 9,9A,12
8
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h
5%79/.46 5F//.37 Ac.
206../z,
445: 411,
44. AiQ S7;47 -a y
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING &
PHYSICAL DEVELOPMENT.
RIGHT OF WAY/ EASEMENT ACQUISITION
OWNER: John & Florine Self -et al
DESCRIPTION: PAICeL 9
PROJECT: Navy Clear Zones
DATE: 9-4-8 3 SCALE: /'"4e
BY' LM
EXHIBIT "A"
"Real Estate Sales Contract"
Parcels 9,9A,12
9
ALLEY
r:' i :1/.4
529°g'
/3203'
ARV 1114/¢3,50 5.>%
4/,e
N29°G1 132. 6e'
7-404,
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING &
PHYSICAL DEVELOPMENT.
RIGHT OF WAY/ EASEMENT ACQUISITION
OWNER: John Self, et al
DESCRIPTION: Parcel 9A
PROJECT• ilavy Clear Zones (i9'2)
DATE: 22-84 SCALE: �'44''
EXHIBIT "A"
BY' GM
"Real Estate Sales Contract"
Parcels 9,9A,12
10
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
March 21, 1984
I certify to the City Council that $ 53,455.00 , 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 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 money is not appropriated for any
other purpose.
-acquisition
Parcels 9,9A,12
(Self)
FIN 2-55
Revised 7/31/69
, 19 c 'f
Director oinancc ®'!'
Corpus Christi, Texas
'/,'day of Atitodk, , 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,
Council Members
MAYOR
THE CITY CORPUS CHRISTI, TEXAS
The above ordinance was passed by 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
1818