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Home My WebLink About18671 ORD - 01/29/1985TEXAS AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 7A IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $10,105; AND DECLARING POI 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 7A in cann ction with the Navy Clear Zones Land Acquisition Project, substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A " SECTION 2. That there is hereby appropriated $10,105 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 action tion to preserve and protect public property by expediting the purchase of land necessary eC z ry for the abovementioned Navy Clear Zones Land Acquisition Project,such finding of an mergency 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 passednd shall take effect upon first reading as an emergency measure this the 29th day of January, 1985. ATTEST: Acting City Se 11AYOX4 APPROVED OAY OF JANUARY, 1985 (B JRUC Y ATTORNEY By As. Stant City Attorney THE CITY OF CORPUS CHRISTI, TEXAS 1S6fl VY (1.994 201115 (1982) WAS) Ptrcel 7A REAL ESTATE SALES CONTRACT Tin' STALE OF IMIAS COUNTY of NUCCES ibis memorandumo agreementand entered into by and between Attorney for the Thurston Shell,/of the Es ate of Eluah T. Jordan. hereinafter called Seller(s), of the County of Nueces, State of Texts, and the City of Corpus Christi, herernafter called Buyer, county of /Were, State of Texas, WITNc55ETB. 1 The Seller(s), for the consideration and upon the terms here- inafter set o , hereby agree(s) to sell and covey unto Buyer, and Elmer agrees to bay the following described property ituated In Ilueces County, Texas,Co-wit. - A11 that cert Eric, piece or parcel of Land. Lying and being shunted to the eaf N of [ portion of I. (10,o Section Forty-seven (47), and Carden Tracts, In N County, T isli we by themapor plat thereof, o Ned In Volume A, cPage41-43, Nap Recants of Nacres County, Texas, t which reference is here made In aid of description, the property covered hereby being mo ptcticularly descrtl,ed by mete, and bounds, at follows, to - Beginning at� a point in the Southerly line of tcertain tract described as FIRST TRACT in that certain Warranty Deed dated March 1952, from 11. C Heldman to Winship Development Company, now appearing of record in Val, 541, Pages 240-242 a the cal rt of N.C.County, Tex which point located 130 feet Easterly Southwest corner of said FIRST TRACT, for the5outhwest corner of this tract, Thence Easterly, along the Southerly line of the aforementioned FIRS! TINCT, e distance of 48 feet, for the Southeast corner of this tract, Thence Rortherly, ellel to the Weut line of v Tdicatmee of 264 root t the 110 r therLyline of said FIRST TBACTCfor, theNorthea,t corner of Inas tract, Thence s e Westerly, along t Northerly line of the said FIR, 1 , a distance of48feet to point for the Northwest corner of this tenet, Thence Southerly, parallel to the Wat tine of said 911,51 TRACT, a disrance of 264 feet to the place of beginning, 0,140 AND EWA,. however, A strip of lad 75 feet in width, tIong the :ouch line of said react has heretofore been a,dl,.,ted -ts a street or relay,. 2. Ihe purchase pcxce is wine thousand seven hundred Fifty-one Dollars and no cents... . . ($9,751 00). The Seller(s) shall provide at the expense of Buyer, a tItle insurance policy, without ekeeptions to said title being made in sald trite policy, which policy shall wholly Insure and Indemnify the Buyer agarnst any title defects or adverse claims thereto. Said t.tle In- surance policy ahall be issued through a reliable trete Insurance company and shall be delivered to the Buyer on the date of the closing of tlas transaction. 4 Upon the securing of Cho title insurance policy provIded for herein. S.01..(,).g,,,(,) to dellver at the expense of Buyer a good and sufficient x4WiWwarrauLY deed drawn in acccrdance .Mrh the Pro- visIons of thrs contract, properly conveyrng ,add property to sard Buyer, and Buyer agrees thereupon to make the cash payment. 5. All taxes to be yard by Seller(s) up to and including the year 1983. 6. AIL currec takes, if any, are to be prorated between the Buyer and the Seller(s) for the year 1984 to date of closrng, except as may be herein otherwise provaled. 7. Buyer has this day deposited wrth tli.e title insurance company or t.tle guaranty company the sum of $676.00 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 Buyer fail to consummate this contract as herein specified for any reason, except title defects, the Seller(s) shall be entitled to receive surd cash deposit as liquidated damages for the breacn 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 27 0,01, guaranty company said title company will close the transaction in accordance with 082 02771 and customary procedure In the event seller(s) fail(e) 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. O. The Buyer agrees to accept title sub,. to all outstanding restrictive covenants and use restrictions, 17 10;, of record, 8200 117 city coning and regulatory ordinances, if au, applicable to said property 9. It is understood by all parties hereto that this transaction is to be closed through t/m title Insurance company or title guaranty company on or before ninety (90) days from this date. Possession to "Special be given to Buyer 'Mee execution of /Warranty Deed.' by Seller(e). 10. By Seller(s) erecution hereof, Seller(s) acknowledge(s) that he (she) (they) 85 7330 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 la further wedeln -toed, however, that Buyer must execute this agreement within sixty (6o) days from the date of Seller(s) execution or this atheement shall be nu81 and void and none of the provisions hereinabove set out will bind either party. 11. Buyer understands that Seller 0S executing this agreement as attorney for the benefitharith of trhe Estate of El/gah T. dordan, Much estate was closed several years ago, thd that the deed to the property will necessarily have to he signed by Mr. Jordan's beneficiaries. *31133 3311 not be responsthle for title search or other charges unless the transaction actually closes. Seller represents nate* has recethnd verbal approval from a representative of the beneficiaries of the Estate of 5117ah T. Jordan but 038112 has not thntacted each and 07102 030071010138. EXECUTED an triplacate, eather copy of which shall constitute an ortsInal, on Lhas day of 198 . ESTATE OF ELIJAH JORDAN p 7 BY Meg etfP�W Thurston Shell, gswoutos Attorney for the Benefacaarres of th08 Estate of Eng. T Jordan SELLER Hill C. Read City Secretary APPROVED: CITY OF CORPUS CHRISTI, TEXAS By Edward A. Martin City Manager BLEIER ''41.14DAY OF £(teiadx_ 1984. J. BRUCE AYCOCK, CITY ATTORNEY James K. lontos, Assistant City Manager 1118 STATE of TEXAS 9 COUNTY OP N0ECES T Ass is [ane CiteA� y This instrument was acknowledged before me on , 198 by Edward A. Martin as City Manager of the City of Carpus Christi, Texas. Notary Public 1n and for the State of Texas (NOTE: Please print, type, o stamp eApIration date of notary below) Pfa04IDA ENE STATE OF/XMAS 9 COUNTY of /ARCM FS(AAHiA This instrument waac toowled �d beforeme on October 18 1904 Y Theaacon Shell, a6ENTAX 00 of theEstate E 11a Jas h T. Jordan, on Behalf of the Estate or Elijah T. Jordan. Notary Pine rsee yin t, forthe State of"WRIIlA (NOTE: Please print type, or stand, e ) ! eMULCA [asn date of notary below) MARY L. MU[CAHY 1' My cmmtss100 expires 10/10/87 Corpus Christi, xas oC�%"' day of , 198 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas FFor the reasons set forth in the emergency clause of the foregoing ordinance solution, an ergency exists requiring suspension of the Charter rule s 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 /4% THE TY OF CORPUS CHRISTI, TEXAS The above ordinance was pass ed4y the following vote: Luther Jones Betty 11. Turner David Berlanga, Sr. Helder Brown Leo Guerrero Dr Charles H. Kennedy Joe McComb Frank Mendez Mary Pat Siavik 18671 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUMES (City Charter Article 1V Section 21) January 28, 1985 I certify to the City Council that $ 10,105.00 the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance 00 in the Treasury of the City of Corp. Christi to the credit of. Fund No. and Name 247 Airport Peened vlimlwi,.. R s a., n Project No. N 247-82-1 Project Name Navy clear Zones cans Acculefrion from which 1t ,s proposed to be draw, and such money is not appropriated for any other purpose -acquisition, closing cots Parcel ]A (Jordan Estate) 19 0-1 (/4$,' / FIN -55 v sed 7/31/69 401) /