HomeMy WebLinkAbout18241 ORD - 05/23/1984TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF PARCEL 1 IN CONNECTION WITH THE TIMON BLVD.
MEDIAN LAND ACQUISITION PROJECT; APPROPRIATING $11,555; 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 1 in connection with the Timon
Blvd. Median 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 $11,555 out of the
No. 162 Federal/State Grant 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 Timon Blvd. Median 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 23rd day of May,
1984.
ATTEST:
APPROVED: 22ydDAY OF MAY, 1984
J. BRUCE AYCOCK, CITY ATTORNEY
By cifrogi.
Assistant`' t Cttorn-a
MAYOR'
THE ITY OF CORPUS CHRISTI, TEXAS
18241
MICROFILMED
SEP 2 81984
TIMON BLVD. MEDIAN r.o.w. acquisition (1984)
-Beach Ave. to Reef Ave. to Gulden St.
Parcel 1
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS X
COUNTY OF NUECES
EXHIBIT A
This memorandum of agreement made and entered into by and between
Arthur M. Mouser, and wife Louise Mouser,
hereinafter called Seller(s), of the County of Harris, 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(s) to sell and convey unto Buyer, and
Buyer agrees to buy•the following described property situated in Nueces
County, Texas, to -wit:
A portion of the east or southeast half
of Block 70, (being Lots'1, 3, 5, 7, 9,
ll.in said block), Brooklyn or Rincon
Addition to the City of Corpus Christi,
lying east or southeast of the right-
of-way of the San Antonio and Aransas
Pass Railway Company as shown by the map
or plat thereof, recorded in Volume A,
Page 32, Map Records, Nueces County,
Texas.
Page 1 of 4
Af-
e. 7
2. The purchase price is Eleven Thousand Two hundred fifty Dollars
Dollars and no cents ($11,250.00).
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(a) 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 $563
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"
TIMOR BLVD. MEDIAN row acq.(1984) 2
Parcel 1 (Mouser)
procedure. In the event Seller(s) fail(a) 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"
TIMON BLVD. MEDIAN row $cq.(1984) 3
parcel 1 (Mouser)
O;CUTED in triplicate, either copy of which shall constitute an original, on
this day of , 198_.
CITY OF CORPUS CHRISTI, TEXAS
By
Arthur M. Mouser Edward A. Martin
Louise Mouser
SELLERS
ATTEST:
Bill G. Read
City Secretary
APPROVED:
City Manager
BUYER
DAY OF , 198 .
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
James K. Lontos, P.E.
Assistant City Manager
THE STATE OF TEXAS
COUNTY OF NUECES X
This instrument was acknowledged before me on , 198by
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 HARRIS X
This instrument was acknowledged before me on , 198
by,Arthur M. Mouser and wife, Louise Mouser.
Notary Public in and for the State of Texas
(NOTE: Please print, type, or stamp name +
expiration date of notary below) •-
"Real Estate Sales Contract"
TIMON BLVD. MEDIAN row acq.(1984)
Parcel 1
Page 4 of 4
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
May 22, 1984
I certify to the City Council that $ 11,555.00 , 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:
162 Federal -State Grant
Fund No. and Name 7th. Year Community Development
Project No. 162-152-807.05-501
Project Name Timon Blvd. Median Land Acquisition
from which it is proposed to be drawn, and, such money is not appropriated for
any other purpose. •
Mouser - Parcel 1
-acquisition
FIN 2-55
Revised•7/3169
kir)
l x2-1
z y , 19
Director of
Corpus Christi, Texas
2 ii0!day of
, 198j/
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
Council Members
THE CIT 'IF 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
18241