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HomeMy WebLinkAbout18743 ORD - 03/12/19856.04 AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL N0. 10 IN CONNECTION NITN THE NAVY CLEAR ZONES LAND ACQUISITION; APPROPRIATING $13,484; 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 No. 10 innnection with the Navy Clear Zones Land Acquisition, Protect Number 247-82-1, ca substantial copy of which is attached hereto and made a part hereof, marked Exhibit "8., SECTION 2. That there is hereby appropriated $13,484 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, such finding of anemergency s made and declared requiring suspension of the Charter rule as toconsideration 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 12th day of March, 1985. ATTEST: Acting City V" APPROVED'/2i49AY OF MARCH, 1985 0. BRUCE 7 , CITY ATTORNEY By .�•... ssist. ty nrney MAYORA�r V THE CITY OF CORPUS CHRISTI, TEXAS is.mo MICROFILMED NAVY CLEAR ZONES (1982) Parcel. 10 REAL ESTATE SALES CONTRACT TEE STATE OF TEXAS COUNTY OF NEECES This memorandum of agreement made and entered into by and between Cesar Z. Santos and wife, Cresenela A Santos, hereinafter called Seller(s), of the County of San Diego. State of California, and the City of Corpus Christi, herernefter called Buyer, of the County of Nueces, State of Texas, WITNESSETE 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 agreea to buy the following described property situated in Nueces County, Texas, to -wit: Lots Eleven (11), Twelve (19), Block Fifteen (15). NAVAL CENTER, a subdivision in the City of Corpus Christi, Nueees County, Texas, as shown by the map or plat thereof, recorded in Volume 8, Page 18, Map Records of Nueces County, Texas. 2. The pnrchase price is Thirteen Thousand One hundred Fifty Dollars and no cents.. —((13,150.00) 3. The Seller(s) shall provide at the expense of Buyer, a title insurance policy, without exceptions to said title being mode 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 chts transaction. 4. Upon the securing of the title insurance policy provided for herein, 5511058) 50555(5) 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 10 555 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. I. Buyer has this day deposited with the title insurance company 51 11115 goerant, coml., the eum of (50000 as earnest money hereunder to be applied on the cash payment above set out when the transaction is closed, at which time the 0515515 55 cash conaideration shall also be paid. Should the Buyer fail to consrmmate this contract as herein specified for any reason, 050535 51515 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 7575555 515 in possession of the title insurance company or title guaranty company said title company will close [he transaction in accordance with its usual and customary "Real Estate Sales Contract" NAVY MAE 20NE5(NAS) Parcel 10r(Santos) procedure. In the event Seller(s) faille) 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 end regulatory ordinances, if any, nppllcable to said property. 9. It 1s understood by 31.1 parties hereto that this transaction is to be closed through the title insurance c®pony or title guaranty company on or before ninety (90) days from this date. possession to be given to Buyer open execution of "Warranty Deed" by Seller(s) 10. By Seller(s) execution hereof, Seller(3) achnowledge(e) that he (she) (they) have reed this agreement and understand that this a- greement is not binding on Paler until properly authorized by the City 1001011 and executed by the City Manager of the City of Corpus Christi, Texas It is further understood, however, that Bayer must execute this agreement within sixty (60) days from the date of Seller(e) execution or this agreement shall be null and void and nave of the provisions hereinabove set out will bind either party. " Estate sales Rim Real 2000S(MMS)ncracc Parcel 10`(Sa cos) EKECOTLU in triplicate, either copy of which shall constitute an original, on this day of 198 Cesar Z Santos By Cresencia A. Santos SELLERS ATTEST. Bill C. Rea City Secretary APPROVED. CITY of CORPUS CHRISTI, TEXAS Edward A. Martin City Manager BUYER DIY OF 199 . 1. BRUCE AYCOCK, CITY ATTORNEY By Samee K. La , P.E. Assistant CitysManagei I COUNTY Oa ENUeces I Assistant City Attorney This instrument was acknowledged before me on , 198 by Edward A. Martin as City Manager of the City of Corpus Christi, Texas. Notary Public 1n and for the State of Texas MOTE Please print, type, e expirationnotary THE STATE OF California i COUNTY OF San D1,, 1 This instrument was acknowledged before me on 198 ce.r Santos and wife, Cresencia A. Santos. Cary Public 1n and for the State of Texas (NOTE. Flume print, type, or stamp e expiration date of notary below) eat Estate Sales Contract" NAVY CLEAR ZONES (NAS) Parcel 10 Page 4 of.4., CPM OF COMIC CHRISTI, VOW CERTIFICATION OF FIRMS (City Charter Article IV Section 21) March 11, 1085 I certify to the City Council that $ 13,484.00 the ameint required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Carpus Christi to the credit of Fund No. and Name 244 Airport Hazard Elimination Bond Fund Project No. 240-82-1 Project Name Navy Clear Zones Land Acquisition from Mich St is proposed to be draw, and such money is not appropriated far any other purpose. -acquisition, Parcel 10(ge closing costs mal _/,4/8) Frn 2-;5 Revised T/31 /69 14- ya 011.0`0. ,19 Ac- nigtor of F RI A.n Corpus Christi, Texas ZD26Y of (/272/0-1— 196 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasonsset 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 introduced, or at the present meeting of the City Council. Respectfully, Respectfully, oancil Members MAYOR THE CITY F CORPUS CHRISTI, TEXAS The above ordinance was passed by th efollowing vote Luther Jones Betty N Turner David Berlanga, Sr Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 18743