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HomeMy WebLinkAbout18604 ORD - 12/18/1984AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 50 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $23,000, 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 50 in con n ction with the Navy Clear Zones Land Acquisition Protect, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit SECTION 2. That there is hereby appropriated $23,000 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 mmediate action to preserve and protect public property by expediting the purchase of land necessary for the abovementi0ned 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 18th day of December, 1984 ATTEST. RAofCTY DATN184 By Assistant +�.,Attorn•6. /Af Y THE CIT OF CORPUS CHRISTI, TEXAS 18604 NAVY CLEAR ZONES (1982) Parcel 50 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS X COUNTY OF NUECES I This memorandum of agreemerM rode and entered into by and between W. W. Bodine, 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, WITNESSET Dr 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 dencribed property situated in Nueces CsuntY. Texan, to-wiCt S. W. 15 feet of Lot 6, all of Lots 7, 8, 9, Block 1. NAVAL CENTER ADDITION NO. 1, a subdivision in the City of Corpus Christi, TeYee, as shown by the map or plat thereof, recorded in Volume 8, Page 17, 170p Records of Nueces County, Texas. page 1. of 4 ` The purchase price ^ Twenty two °oueandfive hundred 3. The Sel^**shall ,~° ^ the expense ~ Buyer, .title ineurance policy, without ~mepti~~said title being made ^said ~~policy. which policy shall wholly insure and indemnify the Buyer against any title defects .. adverse claims thereto. Said title in- surance policy shall ~.~^ through ^ reliable title insurance company and shall ". delivered ~ the Buyer .. the date .'the closing of this transaction. ^ Upon the securing ° the title insurance policy provided for herein, Sel^*^agreew~deliver at the expense ~ Buyer .good and sufficient general warranty deed drawn ~ accordance with the pro- visions ,' this contract, properly conveying said property ~said Buyer, and Buyer agrees thereupon to make the cash payment. 5. All taxes to bq paid by Seller(e) oP to and ...ding the Year =` ^ All current taxe~"any, are .beprorated between the Buy~ and the =~°for the year =^~ date ~ closing, except ~ say ^ herein otherwise provided. ^ Buyer has this day ^~" with the title insurance company ~ title guaranty company the sLan~ ,~~ .~~~money hereunder .^ applied ~ the cash payment above set out when the transaction ^ closed, ., which time the balance ^' cash consideration shall also ^paid. Should the Buyer fail . consummate this contract ^. herein .~^.^`~ for any reason, except title defects, the ".`ler°` shall ° entitled . receive said cash deposit /AB liquidated damages for the breach .. this contract, ~ may .. their option, enforce specific per- formance hereof. When the executed deed and any other necessary ene- ~ter!"~and the balance ~ the ~" payment are . possession .' the title insurance company . title guaranty company said title company will odor the transaction in accordance with its usual and cdstomary "Real Estate Sadao Contract" ���� procedure. In the event Seller(s) fail(,) 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 10,011ic perf0,0,00, thereof. 8. The Buyer agrees to accept title ahbject to all outstanding restrictive covenants and use restrictions, if sty, Cf 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 1s to be closed through the title insurance company or title guaranty company on or before ninety (90) 00110 from this date. Possession to be given to Bayer P execution of "Warranty need" by Seller(,). 10. By Seller(s) execution hereof, Seller(,) acknowledge(,) 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 in further understood, however, that Buyer most execute this agreement within sixty (6o) days from the date of Seller(,) execution or this agreement ,hall be null and void and none of the provisions hereinabove set out will bind either party. "Real Estate Sales Contract" VY CLEAR ZONES Parcel 50 (Bodine) 1111111 7 EXECUTED in triplicate, either copy of which shall constitute an original, an this day of 198 . CITY OF CORPUS CHRISTI, TEXAS 8y N. W. Bodine Edward A. Martin SELLERS Bill C. Read City Secretary City Manager BEYER MY OF 198 . J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney James K. Lon a, P.B. Assistant City Hanger TEE STATE OF TEXAS I COUNTY OF N0E0E0 I 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 (0010: Please print, type, or stamp name + expiration date of notary below) aTHE STATE OF TEXAS I - UNTY of NUECES I This instrument wee acknowledged before me on by w. w. Hotline. sal Estate Sales Contract NAVY CLEARZONES Parccl 0 Page A. of 4 198 Notary Public in and for the State of Texas (NOTE: Please print, type, or stamp name 1 - expiration date of notary below) MT OF CORPUS CNNISTI, TWO CERTIFICATION OF FUNDS (City Charter Article IP Section 21) I certify to the City Council that $ 20,000.00 , the amOwt 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 Fwd No and Name 241 Airport Hazard elimination Bond Fund Project No. Project Name 241-82-1 New Clear Zones Land Acqui itton from vh_ch it is proposed to De draw, and such money is not appropriated for any other purpose. -acquisition 322,500 -closing costs - Parcel 50 (Bodine) OTrt Tr of FsJvice FIN 2-55 Revised 11311la G iz/i9/sf Corpus Christi, Texas i8 ` day of r/J.,UQ4xe WG , 198i TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Teas Far the re set forth In the emergency clause of the foregoing ordinance or resolution,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 an the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE C Y OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vete: Luther Jones Betty 11 Turner David Berlanga, Sr. Welder Brawn Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 18604