HomeMy WebLinkAbout18246 ORD - 05/23/1984TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF A PARCEL OF LAND FOR THE AARON DRIVE
EXTENSION PROJECT; APPROPRIATING $72,662; 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 a parcel of land for the
Aaron Drive Extension Project, a substantial copy of which is attached hereto
and made a part hereof, marked Exhibit "A."
SECTION 2. That there is hereby appropriated $72,662 out of the
No. 220 Street Bond Fund, Aaron Drive Extension.
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 Fire Station 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:
ie
ty
ecre
ary
APPROVED:A, DAY OF MAY, 1984
J. BRUCE AYCOCK, TY ATTORNEY
By
s.istant City ttorney
MAYOR
15246
THE C`T Y OF CORPUS CHRISTI, TEXAS
N1lCR0F11360
SEP 2 81984
SARATOGA-WEBER AREA FIRE STATION PROJECT (1984)
-F.M. 43 -Weber Rd
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS f
COUNTY OF NUECES
EXHIBIT A
This memorandum of agreement made and entered into by and between
Frances Snyder, aka, Frances Kosar Snyder, a widow,
Individually and as Independent Executrix,
of the Estate of Paul Snyder, deceased,
hereinafter called Seller(s), 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,
W ITNESSET H:
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
Page 1 of 6
Being a 0.65 acre tract of land out of Tots 3 and 4,
Section 12, Bohemian Colony Lands, shown by plat in
Volume A, Page 48, Map Records, Nueces County, Texas and
further described as follows:
Beginning at a point being N. 61° W., 20.00 feet and
S. 29° W., 30.00 feet from the south corner of said Lot 3,
for the point of beginning of this tract;
Thence in a northeasterly direction along the arc of a
circular curve to the right whose central angle =
20° 57' 17", radius = 360.00 feet, tangent = 66.57 feet,
a distance of 131.66 feet to a point of reverse curvature;
Thence along the arc of a circular curve to the left whose
central angle = 89° 55' 43", radius= 15.00 feet, tangent =
14.98 feet, a distance of 23.54 feet to a point on a cir-
cular curve of the southeast right of way line of 100 foot
wide F.M. 43;
Thence along said curve whose central angle = 7° 56' 56",
radius = 2,640 feet, tangent = 183.42 feet, a distance of
366.25 feet to a point;
Thence S. 61° E., 20.00 feet to a point on the westerly
right of way of 40 foot wide Weber Road, for the easterly
most point of this tract;
Thence S. 29° W., along said Weber Road right of way
358.98 feet to the point of beginning and containing
0.65 acres, more or less.
"Real Estate Sales Contract"
SARATOGA-WEBER AREA FIRE STAT. PRO/.
(Snyder)
2
' 2. The purchase price is Seventy Thousand Seven hundred Fifty
Dollars and no cents ..... ..($70,750.00).
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 $2,500 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"
SARATOGA-WEBER AREA FIRE STAT. PROJ.
(Snyder)
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
Seller(s).
upon
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"
SARATOGA-WEBER AREA FIRE STAT. PROJ.
(Snyder) 4
EXLCUTED.in triplicate, either copy of which shall constitute an original, on
this
day of , 198_.
Frances Snyder, aka, Frances Kosar
Snyder, a widow, Individually and as
Independent executrix of the Estate of
Paul Snyder, deceased.
SELLER'
ATTEST:
Bill G. Read
City Secretary
APPROVED:
CITY OF CORPUS CHRISTI, TEXAS
By
Edward A. Martin
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
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
This instrument was acknowledged before me on , 198_
by Frances Snyder.
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" .
SARATOGA-WEBER AREA FIRE STAT. PROJ:'
5
EXHIBIT "A"
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CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING &
PHYSICAL DEVELOPMENT.
RIGHT OF WA SEAS MENEACQUISITION
OWNER: A'fg
DESCRIPTION = sL-g _ -Weber Road & F.M. 43
PROJECT'YORKT@WN=MYEff=RNTEN8PON=fk984Y= SARATOGA-WEBER AREA FIRE STATION PROJECT (1984)
DATE: /'17'SCALE: P4'54' BYt LM
"Real Estate Sales Contract"
Page 6 of 6
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
May 23, 1984
I certify to the City Council that $ 72,662.00 , 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.
Project Name
220 Street Bond Find
220-77-101
Aaron nrivP EitPnsion
from which it is proposed to be drawn, and such money is rot appropriated for any
other purpose.
(Frances Snyder)
-$70,750 acquisition
- 600 appraisal services
- 100 crop damages
- 1,212 special commissioners fees,
court costs, prorated taxes,
closing costs
6y,
FIN 2-55
Revised 7/31/69
Aur,L" , 19
Director o /' inance
Corpus Christi, Texas
c'2 4eiday of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
198
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
" Y OF CORPUS CHRISTI, TEXAS
The above ordinance was passed sy 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
18246