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Home My WebLink About18499 ORD - 10/09/1984TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 5 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $14,818; 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 5 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 $14,818 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 9th day of October, 1984. ATTEST: Ci ec5 retary APPROVED:f� DAY OF OCTOBER, 1984 J. BRUCE AYCOCK, CITY ATTORNEY By . �. Assistan 1 A orn41, 1 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 18499 NAVY CLEAR ZONES (1982) -NAS Parcel 5 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS X COUNTY OF NUECES This memorandum of agreement made and entered into by and between William A. Bryan and wife, Nicki Bryan, 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 0.8309 acres, being out of Lot 11, Section 47 of the "Flour Bluff and Encinal Farm and Garden Tracts" as recorded in Volume "A", Pages 41, 42 and 43, of the Nueces County Map Records said 0.8309 acre tract being more particularly described by metes and bounds as follows; COMMENCING at the most northerly corner of Lot 11, Section 47 of the "Flour Bluff and Encinal Farm and Garden Tracts", same being the most westerly corner of Lot 6 of said subdivision; THENCE along the common line of said Lot 11 and Lot 6, South 61°31'00" East, 330.00 feet to a 5/8" iron rod set for corner, same being the POINT OF BEGINNING the herein described 0.8309 acre of land and also being the most northerly corner of that certain 1 (one) acre tract of land conveyed to Homer Self by instrument of record in Volume 1182, Page 111, Deed Records, Nueces County, Texas; THENCE along the westerly line of said 1 (one) acre tract and the projection thereof, South 28°29'00" West, 524.70 feet to a 5/8" iron rod set for corner; THENCE North 37°33'09" West, 148.36 feet to a 5/8" iron rod set for corner in the southeasterly line of that certain tract of land conveyed by Mrs. E.A. Cline, a widow, to the United States Of America; THENCE along said southeasterly line, North 44°27'00" East, 483.08 feet to a 5/8" iron rod set for corner, same being in the Northeasterly line of the aforementioned Lot 11; THENCE along said Northeasterly line, South 61°31'00" East, 2.69 feet to the POINT OF BEGINNING and containing 0.8309 acre (36,192 Square Feet) of land. A map of which is marked Exhibit "A" and attached hereto and made a part hereof for all purposes. Page 1 of 5 '\ 4.QN. ,9 2. The purchase price is Fourteen thousand Five hundred Dollars and no cents ($14,500.00). 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 $500.00 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 Buye= 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) Parcel 5 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(NAS) Parcel 5 3 EXECUTED in triplicate, either copy of which shall constitute an original, on this day of , 198_ William A. Bryan Nicki Bryan SELLERS 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. Lantos, P.E. Assistant City Manager THE STATE OF TEXAS X COUNTY OF NUECES X 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 William A. Bryan and wife, Nicki Bryan. "Real Estate Sales Contract" NAVY CLEAR ZONES(NAS) Parcel 5 Notary Public in and for the State of Texas (NOTE: Please print, type, or stamp name + expiration date of notary below) 4 ./K LIMITS OF CLEAR ZONE 0 O 0 ti UNITED STATES OF AMERICA LOT 12 COMMENCING POINT LOT 5 LOT 6 LOT II 02), w 00 o d o M ° 0 w 3.o,z, UNITED STATES OF AMERICA S 28°2900"W 524.70' HOMER SELF VOL. 1182 P. III I AC. NOTE: SET 5/8 -INCH IRON ROD AT ALL CORNERS UNLESS OTHERWISE NOTED. 0.8309 TAKING 1.3812 REMAINING 2.212f TOTAL ACREAGE I, G. DENNIS WALLS, A REGISTERED PUBLIC SURVEYOR, DD HEREBY CERTIFY THAT THE PLAT SHOW? 11EREQ1 REPRESENTS 711E RESULTS OF AN Qi THE GROUND SURVEY RADE UNDER MY DIRECTION AND SUPERVISION ON THE 2gl 1. -'�— DNY-OF J44.Y* , 1984 AND THAT ALL CORNERS ARE AS SKIM 1UREON. 4(2 REGISTERED PUBLIC SURVEYOR TEARS REGISTOATIO! N0. 4276 S 61°31'00"E 2.69' POINT OF BEGINNING EXHIBIT A Geogram Corporation Land Surveyors - Engineers owe.eY'A.A P. IAPPV•o. eY.GD.Q. loam. 7-23-84 i8 ALE.I „0100 post No..5501-44-002-200 IBK. no. 48 GC CITY OF CORPUS CHRISTI NAVY 'CLEAR ZONES SURVEY "Real Estate Sales Contract" NAVY CLEAR ZONES(NAS) Parcel 5 Page 5 of 5 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October 8, 1984 I certify to the City Council that $ 14,818.00 , 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 5(Bryan) -acquisition $14,500 -closing costs 318 $14,818 FIN 2-55 Revised 7/31/69 (413' G51).24 -o.01 �Q4` gP/l ,19q Corpus Christi, Texas J d`day of , l98C" 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 intlroduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CI Y OF CORPUS CHRISTI, TEXAS The above ordinance was passed by te 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 18499 1