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Home My WebLink About18335 ORD - 07/17/1984AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 72 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRI- ATING $15,560; 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 72 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 $15,560 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 all take effect upon first reading as an emergency measure this the /1 ay of July, 1984. ATTEST: l S�ret uV C Secretary APPROVED: /( DAY OF JULY, 1984 J. BRUCE A7yYCOCK, CITY ATTORNEY By eear. -• Asstst.�' ty 'ttorney4 CI OF MAYOR CORPUS THE CHRISTI, TEXAS 183.35 MICROFILMED SEP 2 81984 NAVY CLEAR ZONES (1982) -Cabaniss Field Parcel 72 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This memorandum of agreement made and entered into by and between Leonard Howard, 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(s) to sell and convey unto Buyer, and Buyer agrees to buy the following described property situated in Nueces County, Texas, to -wit: Fieldnote description of a tract or parcel of land containing 2.9969 acres, being out of Lot 5, Section 12 of the Bohemian Colony Land Subdivision as recorded in Volume A, Page 48, of the Nueces County Map Records, said 2.9969 acre tract also being a part of that certain 12.028 acre tract as recorded in Volume 1582, Page 254 of the Nueces County Deed Records. Said 2.9969 acre tract being more particularly described by metes and bounds as follows: Commencing at the southeast corner of Cabaniss Field. Thence North 29° 00' 00" East, along the easterly line of Cabaniss Field and Lot 5, Section 12 of the Bohemian Colony Land Subdivision, for a distance of 673.54 feet to a 5/8 inch iron rod set at the point of beginning of the herein described 2.9969 acre tract; Thence North 45° 04' 21" West, leaving the easterly line of Lot 5 of Section 12 of the Bohemian Colony Land Subdivision for a distance of 638.09 feet to a 5/8 inch iron rod set for corner in the westerly line of said 12.028 acre tract; Thence North 29° 00' 00" East, along the westerly line of said 12.028 acre tract, for a distance of 125.20 feet to a 1 inch iron rod in cogc)ete found for corner in the northerly line of said 12.028 acre;/tract; Thence South -61° 00' 00" East, along the northerly line of said 12.028 acre tract, passing at 612.97 feet a 5/8 inch iron rod, for total distance of 613.60 feet to a point for a corner in the easterly line of said Lot 5 of Section 12 of the Bohemian Colony Land Subdivision; Thence South 29° 00' 00" West, along the easterly line of said Lot 5 of Section 12 of the Bohemian Colony Land Subdivision, for a distance of 300.31 feet to the point of beginning; con- taining within these metes and bounds 2.9969 acres (130,546 square feet) of land area more or less. Page 1 of 4 2. The purchase price is Fifteen thousand Two hundred fifty dollars and no cents ($15,250.00). 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(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 $1,000 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 -Cabaniss Parcel 72 (Howard) 2 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 -Cabaniss Parcel 72(Howard) 3 EXECUTED in triplicate, either copy of which shall constitute an original, this day of 198 Leonard Howard SELLER ATTEST: Bill G. Read City Secretary AP ED: [MEOW , /lk es K. Lontos, P. . istant City Manager THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI, TEXAS By Edward A. Martin City Manager BUYER DAY OF , 198 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney This instrument was acknowledged before me on , 198— by Edward A. Martin as City Manager of the City of Corpus Christi, Texas. THE STATE OF TEXAS COUNTY OF NUECES x Notary Public in and for the State of Texas (NOTE: Please print, type, or stamp name + expiration date of notary below) This instrument was acknowledged before me on , 198 by Leonard Howard. 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" NAVY CLEAR ZONES -Cabaniss Parcel 72 Page 4 of 4 CITY,OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) July 16, 1984 I certify to the City Council that $ 15,560.00 , 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. • Parcel 72 (Howard) - acquisition $15,250.00 - closing costs $ 310.00 FIN 2-55 Revised 7/31/69 7- /4, , 19 8'f � .. Director of ina.ncece Corpus Christi, Te s- _ -_ 14` day of , 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 MAY THE ITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed 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 183„15 z