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HomeMy WebLinkAbout18904 ORD - 07/02/1985• • TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 34, 35, 36, AND 37 IN CONNECTION WITH THE NAVY CLEAR ZONES (NAS) LAND ACQUISITION; APPROPRIATING $31,682; AND DECLARING AN 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 Parcels 34, 35, 36, and 37 in connection with the Navy Clear Zones (NAS) land acquisition, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $31,682 out of the No. 247 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 2nd day of July, 1985. ATTEST: IISL- 191#1"--3 4i4V Cty Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 20,%DAY OF JULY, 1985 03P.078.01 is9o4 MICROFILMED • Page 1 of 4 NAVY "CLEAR ZONES" -N.A. S. Parcels 34,35,36,37 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS 9 COUNTY OF NUECES This memorandum of agreement made and entered into by and between William P. Riddick, Individually - undivided ; interest; William P. Riddick, Turetee - undivided 13 interest, hereinafter called Seller(s), of the County of Bexar State of Texas, and the City of Corpus Christi, hereinafter called Buyer, of the County of Nueces, State of Texas, W ITNESSET H: 1. The Seller(s), for the consideration and upon the terms here- inafter set out, hereby agree to sell and convey unto Buyer, and Buyer agrees to buy the following described property situated in Nueces County, Texas, to -wit: Lots 9, 10, 11, 12. Block 6, Naval Center, a subdivision in the City of Corpus Christi, Texas as shown by the map or plat thereof, recorded in Volume 8, Page 18, Map Records of Nueces County, Texas. • 2. The purchase price is Thirty one thousand two hundred fifty Dollars and no cents ($31,250.00). 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 shall be delivered to the Buyer on the date of the closing of thia transaction. 4. Upon the securing of the title insurance policy provided for herein, Seller(s) agree(s) 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 Lo said Bever, and Buves agrees thereupon to make the cash payment. 5. All taxes to be paid by Seller(s) up to and including the year 1982. 6. All current taxes, if any, are to be prorated between the Soyer and the Seller(s) for the year 1983 to date of closing, except as may be herein otherwise provided. 7. Bier has this day deposited with the title insurance company or title guaranty company the sem of $1,563 as earnest money here- under to be applied on the cash payment above set out when the trans- action is closed, at which time the balance of cash consideration shall also be paid. Should the Buyer fail to coneumate this contract as here- in specified for any reason, except title 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 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 Estate Sales Contract" NAVY CLEAR ZONES Parcels 34-37 (Riddick) • procedure. In the event Seller(e) 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 Buyer 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 is understood by all parties hereto that this transaction is to be closed through the title insurance company or title guaranty company on or before ninety (90) days from this date. Poseessio¢ to be given to Buyer upon execution of "Warranty Deed" by Beller(s). 10. By Seller(e) execution hereof, Seller(s) acknowledge(s) 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 ie further underatood, however, that Buyer est execute this agreement within sixty (60) days from the date of Seller(e) execution or this agreement shall be mull and void and none of the provisions hereinabove set out will bind either party. "Real Estate Sales Contract" NAVY CLEAR ZONES Parcels 34-37 (Riddick) • • EXECUTED in triplicate, either copy of which shall constitute an original, on this day of , 198 3. William P. Riddick, individual, un- divided 1 interest and as trustee, undivided § interest. SELLER ATTEST: Bill C. Read City Secretary APPROVED: CITY OF CORPUS CHRISTI, TEXAS Edward A. Martin City Manager BUYER BAY OF , 198 . J. BRUCE AYCOCK, CITY ATTORNEY By James K. Lantos. P.E. Assistant City Manager THE STATE OF TEXAS I COUNTY OF NUECES 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 in and for the State of Texas (NOTE: Please print, type, or stamp name + expiration date of notary below) THE STATE OF TEXAS I COUNTY OF Hexer I This instrument was acknowledged before me on 198_ by William P. Riddick, individual, undivided 1 interest and as trustee, undivided 1 interest. "Real Estate Sales Contract" NAVY CLEAR ZONES Parcels 34-37 Page 4 of 4 Notary Public in and for the State of Texas (NOTE: Please print, type, or stamp name + expiration date of notary below) CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) July 1, 1985 I certify to the City Council that $ 31,682.00 , 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 Project No. 247 Airport Hazard Elimination Bond Fund 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. • -condemnation settlement $31,250 -closing costs 432 $31,682 William Riddick Parcels 34-37 2., 5191 l7/. S3 FIN 2-55 Revised 7/31/69 • Corpus Christi, Te ei day of , 198 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 CIT 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 189€ 4