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Home My WebLink About18869 ORD - 06/04/1985AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 73 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $59,610; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute the documents necessary for the acquisition of Parcel 73 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 $59,610 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 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 4th day of June, 1985. ATTEST: City Secretary MAYOR #414—../ THE CITY OF CORPUS CHRISTI, TEXAS (APPROVED: 3 DAY OF JUNE, 1985 0 02.134.01 ty 't orney 18869 MICROFILMED NAVY CLEAR ZONES (1982-m) -Cabaniss Parcel 73 TEE STATE OF TEXAS 1 COUNTY OF NUECES I REAL ESTATE SALES CONTRACT This memorandum of agreement made and entered into by and between John Breslau, hereinafter called Seller(s), of the County of San Patricia, State of Texas, and the City of Corpus Christi, hereinafter called Buyer, of the County of Nueces, State of Texas, WITNESSET E: 1. The Seller(e), for the consideration and upon the terms here- inafter set out. hereby agree(s) to sell and convey unto Buyer, and Buyer agrees to buythefollowing described property situated in Nueces County, Texas, to -wit: 2.459 acres (107,094 square feet) of land being part of Lot 4, Section 12, Bohemian Colony Farms as recorded in Plat Book A, Page 48, Map Records, Nueces County. Teras, and being part of the same land as described in Volume 373, Page 63, Deed Records, Nueces County, Texas, said 2.459 acres being more particularly described as follows, to wit: Commencing: at the intersection of the northwest line of Brezipa Road and the southwest line of Lot 5, Block 1, Brezina Farm Tracts, as recorded in Volume 41, Page 107, Map Records, Nueces County, Texas, for the south corner of Lot 5, Block 1; Thence: 5 61° 48' 34' E, 60.00 feet along the southwest end of Brezina Road to the west corner of Lot 5, Block 1, Brezina Farm Tracts; Thence: continue S 61° 48' 34° E, 4.15 feet along the southwest line of Lot 5, Block 2, to a paint on a line 3000.00 feet (perpendicular distance) southeast of and parallel to the southeast end of Runway 31, NALF Cabaniss, for the POINT OF BEGINNING and the east corner of this tract; Thence: S 44° 37' 23° W, 300.75 feet along a line 3000.00 feet (perpendicular distance) southeast of and parallel to the southeast end of Runway 31, NALF Cabaniss, to a point on a line 500.00 feet (perpendicular distance) southwest of and parallel to the projection of the centerline of Runway 31, NALF Cabaniss, for the south corner of this tract; Thence: N 45° 22' 37° W. 436.63 feet along a line 500.00 feet ,(perpendicular distance) southwest of and parallel to the projection of the centerline of Runway 31, NALF Cabaniss, to a point on the projection of the northwest line of Brezina Farm Tracts, for the west corner of this tract; Thence: N 28° 42' 11° E. 164.96 feet along the projection of the northwest line of Brezina Farm Tracts, to the POINT OF BEGINNING, containing 2.459 acres (107,094 square feet) of land, more or less. Page 1 of 4 • 2. The purchase price is Fifty Nine Thousand Dollars and no cents ($59,000.00). 3. The Seller(s) shall provide at the expense of Buyer, a title insurance policy. without exceptions to said title being made 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 shell be delivered to the Buyer on the date of the closing of this transaction. 4. Upon the securing of the title insurance policy provided for herein, Seller(s) agree(e) 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 to and including the year 1984. 6. A11 current taxes, if any, are to be prorated between the Buyer and the Seller(s) for the year 1985 to date of closing, except as may be herein otherwise provided. 7. Buyer has this day deposited with the title insurance company or title guaranty company the sum of _$2,950 as earneet money hereunder to be applied on the cash, payment above set out when the transection 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 defecte,'the Seller(e) 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 end the balance of the cash payment are in possession of the title insurance company or title guaranty company said title 'company will close the transaction in accordance with its usual and customary "Real Betate Sales Contract" NAVY CLEAR ZONES Parcel 73(Breztna) 2 • • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) June 3, 1985 I certify to the City Council that $ 59,610.00 , the amount 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: Fund No. and Name 247 Airport Hazard Elimination Bond Fund Project No. 247-82-1 Project Name Navy Clear Zones Land Acquisition from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • -acquisition, closing costs Parcel 73 (Brezina) iAS 3 )19e' Dir tozN214M FIN 2-55 6/3/F" Revised 7/31/69 1/a%S57-- procedure. In the event Beller(e) fail(a) 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 thin contract by an action for specific performance thereof. 8. The Buyer agrees to accept title subject to all outstanding restrictive covenants and use rentrletions, if any, of record, and all city zoning and regulatory ordinances, if any, applicable to said property. 9. It is understood by all parties hereto that thie transaction ie to be closed through the title insurance company or title guaranty company on or before ninety (90) days from this date. Poaneeaion to be given to Buyer upon execution of "Warranty Deed" by Beller(s). 10. By Beller(e) execution hereof, Beller(s) acknowledge(n) 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 ia further understood, however, that Buyer mint execute this agreement within sixty (60) days from the date of Seller(s) execution or this agreement shall be null and void and none of the provisions hereinabove set out will bind either party. 11. It is agreed that the seller will have access through the sub- ject tract to Brezina Road via an access road easement which will be situated east of a line formed by extending the northwest right of way line of Bresina Road southwest through the subject tract. 12. There is excluded from the estate to be conveyed hereunder, and reserved histo Grantors, all of the oil, gas, end other minerals, in and under the above describe premises. "Real Estate Sales Contract" NAVY CLEAR ZONES Parcel 73(Brezina) 3 • EXECUTED in triplicate, either copy of which shall constitute an original, on this day of , 198_. John Bresina SELLER ATTEST: Bill G. Read City Secretary APPROVED: CITY OF CORPUS CHRISTI, TEXAS BY Edward A. Martin City Manager BUYER DAY OF 198 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney James E. Lantos, P.E. Assistant City Manager TRE STATE OF TEXAS 1 COUNTY OF NUECFS 1 This instrument was acknowledged before me on , 198_ by Edward A. Martin as City Manager of the City of Corpus Cbrieti, Texas. Notary Public in and for the State of Texas (NOTE: Pleaee print, type, or stamp name + expiration date of notary below) THE_STATE OF TEXAS COUNTY OF SAN PATRICIO j This instrument was acknowledged before me on 198_ BY John Bresina. "Real Estate Sales Contract" NAVY CLEAR ZONES Page 4 of 4 Notary Public in and for the State of Texas (NOTE: Please print, type, or etamp name + expiration data of notary below) • Corpus Christi, as day of • , 198 S TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set 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, Council Members *MAYOR THE C Y OF CORPUS CHRISTI, TEXAS The above ordinance was passed !y the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 18869