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HomeMy WebLinkAbout18727 ORD - 03/05/1985064,04 ON ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 3 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT , APPROPRIATING 340,474; 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 far the acquisition of Parcel 3 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 340,404 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 anrgency made and declared requiring suspension of the Charter rule as to c sideration 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 5th day of March, 1985 ATTEST / 69 Acting City Sea r, APPROVED. 4�55 040 "7V -4X" . BRUCE *4010* .y THE CITY OF CORPUS CHRISTI, TEXAS i MICROFILMED NAVY CLEAR ZONES (1982) Parcel 3 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES F,ry16iTA This memorandum of agreement made and entered Into y and between Clara Paine Morse, hereinafter called Seller(,), 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, WITNESSETH 1 The Setler(s), for the consideration and p the terms here- inafter set out, hereby agree(,) to sell and convey unto Buyer, and Buyer agrees to buy the fallowing described property situated 1n Nuece, County, Texas, to-wIt Lots One (1), Two (2), Three (3), Four (4), Five (5), 3w ix (26), Twenty-seven (27), 1 (28), en (29),and v Thirty (30), 51 eon (10), Twenty-nine Bluff Park, an Addition to the City of Corpus Christi, Texas, according to the map or plat thereof, recorded kn Volume I, Pages 52-53, Map Records, Nueces County, of portions above subdivision conveyed 'by�W. 10 F Morse and wife, Clara PMorse to United States of America by Beed dated August 25, 1967, recorded in Volume 1231, Page 192, Deed Records, cribs r metes and bounds as follows• Beginning at the northwest corner of Lot 1, Thence, southeasterly along the line of sots 1 and 26, a distance of 201 feet, Thence, south 89 deg. 26 min. west, 225 feet to the westerly line of Lot 2; Thence, along he westerly and 1, to epoint beginning, con- taining .25ac , more or less. 14. 3. The ."~° shall provide at the expense ~ Buyer, ^title insurance policy, without exceptions ~ said title being made ^said title policy, which policy shall wholly insure and indemnify the Buyer against any title defects ., adverse claims thereto. Said title in- surance policy shall ~ issued through ^ reliable title insurance company and shall ^ delivered .. the Buyer .. the date ~the closing ~ this transaction. ^ Upon the securing ~netitle insurance policy provided for herein, Sel°~°agr~°~deliver . the expense ~ Buyer ^good and sufficient general warranty deed drawn .. accordance with the pro- visions ,'th`^~.~...,~~'`,con~,..".^^''~~~,...^^ 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 ^ All current taxes, . any, are .~ prorated between the~~ ~~^~* for the year "°~ date ~^osin^except . may ° herein otherwise provided. . Buyer has this day deposited with the title insurance company ~ title guaranty company the sum~ $2.800 ..~~money ~~~~~~.^..~~~~~.~~..~.~~~ transaction ^.`..^.^` which time the balance .. cash consideration shall also be~~ Should the Buyer fail ~ consummate this contract ^. herein specified for any ~.,.. except title defects, the ....'° shall ^ entitled . receive said cash deposit .liquidated damages for the breach .' this contract, ~ may ^. their option, enforce specific per- formance ~eof. ~~the executed deed and any other necessary exe- cuted papers and the 4218782 228he,h 7877879282 inpossession ~ the title insurance company ~ title guaranty company said title company will close the transaction ~ accordance with ~ usual and customary °Real Estate Sales Contract.. 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 Hoyer 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 1s understood by all parties hereto that this transaction Ss to be closed through the title insurance compsrp• 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(e). 10. By Seller(a) execution hereof, geller(e) acknowledge(s) that he (she) (they) have read this agreement and understand that this a- greement 1s not binding on Buyer until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Teras It is further understood, however, that Buyer meet execute this agreement within sixty (bo) *aye from the date of Seller(a) 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 NAVE CLEAR ZONES Parcel 3(Morse) EXECUTED in triplicate, either copy of which shall Cone titute an original, on this day of ISO . CITY OF CORPUS CHRISTI, TEXAS 8y Clara Paine Margie Edward A. Martin City Manager SELLER ATTEST: Bill G. Read City Secretary BUYER DAY OF 198 . J. BRUCE AYCOCK, CITY ATTORNEY Assistant City Attorney James K. Lantos, P.E. Assistant City Manager THE STATE OF TEXAS 1 COUNTY OF NUECES 1 Thin instrument was acknowledged before ma on B y Edward A. Martin as City Manager ofthe City of Corpus Christi, Texas. Notary Public in and for the Ste e of exae (NOTE: Please print, type, amp name expiration date of notary below) THE STATE OF TEXAS i COUNTY OF NUECES Thisinstrument was acknowledged before me on by ClaraPaine Morse. ..Real Estate Sales contract.. NAVY Parcel ZONES el S Page 4 of 4 198 Notary Public 1n and for the State of Texas (NOTE: Please print, type, or stamp n e epiration date of n tary belw) CITY OF CORNUS CHRISTI, TIX42 CERTIFICATION OF 81150[8 (C.ty Charter Artrcle IV Sectaon 21) March 4, 1985 I certify to the City Council that $ 4D 474.00 , the amount required for the contract, agreement, obligation or expenditures contemplated an 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 Acqucsirron from which it Is proposed to he drawn, And such money is not appropriated for any other Purpose. closing costs Parcrels3 (Morse) -U44..nG S 19_St _ Dar tor F1 nee FIN 2-55 Revised 7131/69 -H 01) 5463168 /8 714- 4)4 Corpus Christi, T�xas s day1981 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the r set forth in the emergency clause of the foregoing ordinance or resolution,m anemergency existsrequiring suspension of the Charter rule as to consideration and voting upon ordinances or esolutions at three regular meetings, 1/00, therefore, request that you suspend said Charter rule and pass this ordinance ar resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, THE THE CI OF CORPUS CHRISTI, TEXAS Cannell Members The above ordinance was passed by the following vote: Luther Jones Betty N Turner nn Leo Guerrero David Berianga, Sr. Kennedy Welder Brown Dr Charles W. Jae flcComb Frank Mendez Mary Pat Slavik 18727