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Home My WebLink About18377 ORD - 07/31/1984AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF A PARCEL OF LAND FOR THE SARATOGA-WEBER AREA FIRE STATION PROJECT; APPROPRIATING $219,870.10; 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 a parcel of land for the Saratoga -Weber Area Fire Station Project, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $219,870.10 out of the No. 260 Fire Station 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 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 31st day of July, 1984. ATTEST: Cit ecr APPROVED: 5 DAY OF JULY, 1984 J TRUCE AYCOCK CITY ATTORNEY By As; st'ant City Attorney MINE R. DODSON ASSISTANT CITY ATTORNEY MAYOR 18371 ,/ THE C TY OF CORPUS CHRISTI, TEXAS SEP 2 81984 MICROFILMED r WEBER-SARATOGA AREA FIRE STATION (1983) -between Saratoga Blvd. & WOW Road THE STATE OF TEXAS COUNTY OF NUECES X X REAL ESTATE SALES CONTRACT This memorandum of agreement made and entered into by and between HAWN BROTHERS, a Texas Partnership, John b. Hawn, George S. Hawn, GEORGE S. HAWN INTERESTS, a Texas Limited Partnership, 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 i T N E S SET 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: See: Page 2 Page 1 of 7 Being a 1.0 acre tract of land out of Lot 1, Sec- tion 12, Bohemian Colony Lands, as shown by•map of record in Volume A, Page 48, Map Records, Nueces County, Texas, said 1.0 acre tract being' more particularly described by metes and bounds as follows: Beginning at a point in the northwest right-of- way line of 100 foot wide Weber Road, from whence the most southerly corner of said Lot 1, Section 12, in the centerline of said Weber Road bears S. 61° 30' 45" E., 50.0 feet, and from whence the most easterly corner of Nottarb Place Unit 3, recorded in Volume 45, Pages 114 and 115, Map Records, Nueces County, Texas bears S. 29° 00' W., with the northwest right-of-way line of said Weber Road, 165.0 feet, said beginning point being the most southerly corner of the tract here- in described; Thence N. 61° 30' 45" W., with the southwest line of said Lot 1, a distance of 217.80 feet to a point for the most westerly corner of the tract herein described; Thence N. 29° 00' E., with a line that is 217.80 feet northwest of and parallel to the northwest right-of-way line of said Weber Road, a dis- tance of 200.0 feet to a point for the most north- erly corner of the tract herein described; Thence S. 61° 30' 45" E., with a line that is 200 feet northeast of and parallel to the southwest line of said Lot 1, a distance of 217.80 feet to a point in the northwest right-of-way line of said Weber Road for the most easterly corner of the tract herein described; Thence S. 29° 00' W., with the northwest right- of-way line of said Weber Road, a distance of 200.0 feet to the point of beginning. Containing 1.0 acre of land, more or less. "Real Estate Sales Contract" WEBER-SARATOGA AREA FIRE STATION -between Saratoga & WOW 2 2. The purchase price is Two hundred Seventeen, thousand Eight hundred Dollars and no cents ($217,800.00). 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 $10,000 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" WEBER-SARATOGA AREA FIRE STATION -between Saratoga & WOW 3 1 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 forty-five 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 thirty (30) 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" WEBER-SARATOGA AREA FIRE STATION 4 -between Saratoga & WOW EXECUTED in triplicate, either copy of which shall constitute an original, on this the day of , 198 HAWN BROTHERS, a Texas Partnership GEORGE S. HAWN INTERESTS, a Texas Limited Partnership John D. Hawn, General Partner By: John D. Hawn George S. Hawn SELLERS ATTEST: George S. Hawn, General Partner CITY OF CORPUS CHRISTI Bill G. Read Edward A. Martin City Secretary City Manager APPROVED AS TO LEGAL FORM THIS BUYER day of , 198 . J. BRUCE AYCOCK, CITY ATTORNEY By APPROVED: James K. Lontos, P.E. Assistant City Attorney Assistant City Manager THE STATE OF TEXAS COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared Edward A. Martin, City Manager, of the CITY OF CORPUS CHRISTI, TEXAS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the ca- pacity therein stated and as the Act and Deed of said City. GIVEN UNDER my hand and seal of office, this day of 198 . 5 Notary Public in and for the State of Texas THE STATE OF Texas COUNTY OF Nueces X X This instrument was acknowledged before me on , 198_ by George S. Hawn, general partner, on behalf of George S. Hawn Interests, a Texas limited partnership. 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 Nueces X This instrument was acknowledged before me on , 198_ by George S. Hawn. THE STATE OF Texas Notary Public in and for the State of Texas (NOTE: please print, type or stamp name + expiration date of notary below) X COUNTY OF Nueces X This instrument was acknowledged before me on , 198 by John D. Hawn, Individually, and as general partner, on behalf of Hawn Brothers, at Texas partnership. 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" WEBER-SARATOGA AREA FIRE STATION 6 -between Saratoga & WOW 2 2/ TZ 2 / 0 2:3 A/29'ao'.E. 27"41/".E. 2000' Zee IVER.ER \\.,./y/as./..souhie.4, .4,14 .5 -cc- /2 le a a q gorienvon Ca/cv.ryionofs rks /774;‘, .44c7C-c-47/77/7a74/ 6-C-2-72;:z7t/an . c4' ofCar;ve./.9-Cr/J%.767pro.5 17e.,pachne.,71 i27A=' • cleine /52B52 10 7-1eoer Our oA Lor /, .5Ecr/oN /2, Romammw COLONY LANDS ,o/e/.776= jr Ce')/26;.9.eefloi-a./. it/chfees Cce/my, 7elklfz5- 6-e27/,-- • /"= /te,' ci;;;,"<eir; CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) I certify to the City Council that $ 219,870.10 July 23, 1984 , 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 260 Fire Department Building Bond Fund Project No. 260-82-1 Project Name Saratoga -Weber Area Fire Station from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • (Hawn) $217,800 (acquisition) $ 1,495.10 (closing costs) $ 575 (appraisal) FIN 2-55 Revised 7/31/69 7- 3o , 198' 14-14- m:eoco� or su.o Director of inane Corpus Christi, Tex .3/d day of , 1981 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 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 18377