HomeMy WebLinkAbout18932 ORD - 07/23/1985AN ORDINANCE
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF PARCEL 70 IN CONNECTION WITH THE NAVY CLEAR
ZONES LAND ACQUISITION PROJECT; APPROPRIATING $313,048.50;
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 70 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 $313,048.50 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 23rd day of
July, 1985.
ATTEST:
City Secretary V MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:n-4DAY OF JULY, 1985
Assistant C y orney
03P.150.01
18932 MICROFILMED
NAVY "CLEAR ZONES" (1982-m)
-Cabeniss
Parcel 70
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS I
COUNTY OF NUECES I
This memorandum of agreement made and entered into by and between
Carden, Inc.
hereinafter called Seller(s), of the County of Nueces, State of Texas,
and the City of Corpus Christi, hereinafter called Buyer, of the County
of Buenos, State of Texas,
WITNESSET H:
1. The Seller(s), for the consideration and upon the terms here-
inafter set out, hereby agree(s) to sell and convey unto Buyer, end
Buyer agrees to buy the following described property situated in Nueces
County, Texas, to -wit:
See Page 2
Page 1 of 5
•
5.400 acres 065,919 ,guava feet) 0/ 1and, being OOt' of Lots 3 5 4, 30ct1011 7
f Bohemian tolonf Lands as recorded 10 7010. A, sego 44, Map Retards, avocet
[coati, Tan., and being part of a 97.999 acre troll as deurlbod 1n To1e08
1586. Pages 657.661, Deed Records, Runes County. Texas, said 8.400 aeras
belie mare 0erticolarl3 described as follows. t0 vitt
topamclog: et the intersection et the 0005 ,t 1100 Of 01oc4 6, Saratoga
Place toOdiolslnn, as recorded 1n Pelee 49, Page 142. 6.7
beards.' The004 County, Taira' end the .rtheast 1100 of
Saratoga Blvd. for the wt corner of said BIOct 6, Saratov
Blau 5,391,1,1661
Thence: 6 217° el' 30' E, 420.02 feet alae. the northwest 11ne of
Block 0, Saratoga Place Sabdirlslon, sell line alt, 5,7.4 the
northwest 71. 'of Lot 4.. Soctlod 7, Boemelau Cb10gi Leads, t0
tee west earner of 507E 97.555 etre tract,
Thence: 5 61' 61.03• E, 685,03 Int 07669 tee m1546,1t 1100 of veld
81040 6, 50,0009, P1008 50391,111667
fluence: 5 61° 51' 60' E, 60.00 feat to a plat on the northealt 1100 Of
51004 7, Saratoga Place 50301,11101, as recorded to Toluene 43,
Pap 15, 0.01 excels, Mures Cnmt3, T.005t
Thence: S 01° 61' 00' E, 1060.00 feet elonm the oorthv11 1100 of 3914
9,14 7, 5an6040 710., 5,391'111661
ileac 5 61° 51' 00' E, 80.00 feet to a point 50 the earth 1100 of e
12.764 acre tract of lend as reeardad In Taloa 1604, Pep 317,
Deed Records. been Canty, Teneli
Thence: 5 51' 61' 00' E, 134.22 feet (132.22 teat as recorded in 9010,0
1604, Page 319, Deed Records. 6vecel County, fen.) along the
north line of said 12.76. acre tract tae point 06 a curve
Were radial been 6 2E1' 09' 00' Ei
Thence: 29.92 Int along the arc of 0 curse t0 the ,eft hawing a redly
0f 150.90 feat and a centre, angle Of 11' 21' 35' to a Point an
e 1100 500.00 feet west of parallel to the projection of the
centerline of gummy 17, WILE Ca50nlss for the 80957 OF
550151200 Of the 4.400 acre tract hereto described:
106639, 6 00' 20' 43' 4, 004.22 Int alarm a 1100 500.00 Int west 0f
and parallel to tee Projection of the centerline of Runny 17,
6PLI Ce8anlss, tee point 66 e 1100 2300.00 feet north of and
parallel t0 the mirth and of byway 11, 6ALP Ce0075,60
6 Be 65' 17' E. 630.19 Int to B point on the 0arth.016 110,
of a 5.772 acre treat of land n described le Top. 1604• Page
317, Peed Records. Metes 0010107, 14001,
5 23° a0' 00' V, 330.06 feet alone the 00rehreet line of s,19
9.372 acre tract to e p01nt 66 e cone dmn radial Dean 5 01'
20' 00' 87
15.71 feet almp the ere e1 a mune to the left hetlog a radios
of 10.09 feet and 8 centralgle of 00° 00' 00'. said 15.71
feet wing ,lag the southwest boundary line of said 9.312 etre
treat, t0 a polls Of t000er07;
Thence: 5 el' 20' 00' C. 400.00 feet aims tae save: .6 bounder, ilea
6f 1014 9.372 acre treat to a palet 66 a curve el.., radial
beer. 626° 40' 00' E;
TOeme: 16.71 feet a1m9 the arc of a Cane to tee left easing a radios
of 10.00 feat end a centre, angle of 90° 00' 00' ,14 15.71
feet being along the .ouch boundary line of weld 9.972 acre
tract to a po1110 of tangent 09 0510 northwest r190trof-n7 1100
of Chapman Pao. 60097
Thence: 5 28° 40' 00' R, 80.00 feet along the vett right-01m.y 1100
of Chepran Beeth 5004 t0 a pole[ on a carte whose r661al bean
6 01' 20' 00' MI
Then. 15.71 feet eloog the arc of a curse t0 the left 500100 010,
0f 10.00 beet nd a central angle of 90' 00' 00'. s4 Id 15.11
feet being 0,009 5110 mrUeest boundary live of a 12.764 acre
tract as recorded 1n Volume 1604• Page 317, Oe04 Retards.
Names Camey, Teta., to a point of ten90nc7;
Theurer 6 01° 20' 00' V, 400.00 feet e1on9 the northeast 11ne of
lend 12.764 acre tract t0 a point o0 a corse 1401, radial been
28° 40' 00' V;
Thence: 15.71 0000 01669 the arc of e curse to the left bawl,. a radia.
f 10.00 feet end a central angle of 98. 00' ', 15.71
f 00 5014
feet being along the north bo0n4a7 of sold 12.184 tan eget
to a point of tangency;
Thence 3 213' 40' 00' M, 910.54 feet 0101. the northw000 Ilse of Said
12.764 acre tract, to p7100 66 6 cores :mole re91.7 bears 6
61'20' PO' g;
3M.01
11065.1
7141=0t
Thence: 205.75 feet e1o0g the arc Of a curve to the right haring
real. 6f 150.90 feet end 4 antral angle of 79' 67. 25', 1076
605.15 fent being along the 66rthwest boundary line of Bald
12.184 acre tract, to the Pale OF 655750I® and c66talnia6
13d00 corn (365,519 square feet( of Imd, core Or less.
"Real Estate Sales Contract"
NAVY CLEAR ZONES
Parcel 70(Cardco)
2
2. The purchase price is Three hundred Eleven thousand Dollars
and no cents ($311,000.00).
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 defect. 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 this transaction.
4. Upon the securing of the title insurance policy provided for
herein, Seller(.) agree(.) 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.
S. All taxes to be paid by Seller(a) up to and including the year
1964.
6. All current taxes, if any, are to be prorated between the Buyer
and the Seller(s) for the year 1985 to date of cloning, except ae may be
herein otherwise provided,
7. Buyer has this day deposited with the title insurance company
or title guaranty company the sum of $1,000 as earnest money
hereunder to be applied on the cash payment above set out when the
transaction ie 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(.)
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
Parcel 70(Cardco)
3
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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.
8. The Bayer agrees to accept title ea -abject to all outstanding
restrictive covenants and nee restrictions, if any, of record, and all
city zoning and regulatory ordinances, if any, applicable to said
property.
9. It ie 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. Possession to
be given to Buyer
Seller(°).
upon
execution of "warranty Deed" by
10. By Seller(s) execution hereof, Beller(s) acknowledge(a) 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 is fhrther understood, however, that Buyer angst 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. All mineral rights are to be retained by the Seller°.
12. It to agreed that in the event Cabaniaa Field is closed and
the subject clear zones are no longer needed, then the Seller(s) will
have the option to repurchase Said property at any time within five (5)
years of such event for the cash 'consideration of Three hundred eleven
thousand Dollars ($311,000.00) plus eight (8) percent per year simple
interest compounded annually from the date of this agreement.
13. It is agreed that the seller(s) will have access through the
subject tract via an access road easement which will include that
portion of the subject tract which provided'acceea from Ayers
Street and extending said access in a westerly direction straight
through the subject tract to Seller(s) property in the rear.
"Real Estate Sales Contract"
NAVY CLEAR ZONES
parcel 70(Cardco)
4
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EXECUTED in triplicate, either copy of which shall constitute en original, on
this day of 198
CARDCO, INC.
Charles 8. Dreymale, President
CITY OF CORMS CHRISTI, TEXAS
By
ATTEST: Edward A. Martin
City Manager
Don Renly, Secretary -Treasurer
SELLER
ATTEST:
Armando Chaps
City Secretary
APPROVED:
BUYER
DAY OF 198 .
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
.Tames K. Lontoe, P.E.
Assistant City Manager
THE STATE OF TEXAS
COUNTY OF NECKS 1
This instrument vas 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 1
COUNTY OF NUECES 1
This instrument vas acknowledged before me on 198_
by Charles S. Dreymala, President of Cardco. Inc.
Notary Public in and for the State of Taxes
(NOTE: Please print, type, or stamp name +
expiration date of notary below)
"Real Estate Sales Contract"
NAVY CLEAR ZONES
Parcel 70
Page 5 of 5
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CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
I certify to the City Council that $ 313,048.50
July 22, 1985
, 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. •
Parcel 70 (Cardco)
-acquisition $311,000
-closing costs $ 2,048.50
$313,048.50
FIN 2-55 7l2-a/dr"
Revised 7/31/69
2) 4 g;169/ 5 .6 3/
1/1 0/03 1
•
Corpus Christi, Te
eRard 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 CITY 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
16932