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