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Home My WebLink About19023 ORD - 09/24/1985AN ORDINANCE AUTHORIZING THE ACQUISITION OF PARCELS 3, 4, 5, 6, 7, 8, AND 9 OF THE McARDLE STREET ROAD IMPROVEMENTS PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS RELATING THERETO; AUTHORIZING THE RELOCATION OF ONE RESIDENCE OUT OF THE RIGHT OF WAY; APPROPRIATING $35,000 FOR SUCH PROJECT; 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 acquire Parcels 3, 4, 5, 6, 7, 8, and 9 of the McArdle Street Road Improvements Project, including the relocation of one residence out of the right of way. SECTION 2. That the City Manager be authorized to execute all necessary documents relating to the aforesaid project. SECTION 3. That there is hereby appropriated $35,000 out of the Street Bond Fund for such project. SECTION 4. 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 street improvement 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 24th day of September, 1985. ATTEST: (4, y Secretary MAYOR APPROVED: 2'/qf Day of September, 1985: 04P.118.01 THE CIT OF CORPUS CHRISTI, TEXAS s MICROFILMED McARDLE ROAD STREET IMPROVEMENTS (1985-s) Parcel 8 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS X COUNTY OF NUECES This memorandum of agreement made and entered into by and between A. M. Abernathy and wife, Naomi Ruth Abernathy; 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 Nueces, State of Texas, W ITNESSET 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, and Buyer agrees to buy the following described property situated in Nueces County, Texas, to -wit: Being a tract of land out of Lot 1, Block 2, WOODLAWN ESTATES as shown by map of record in Volume 10, Page 34, Map Records, Nueces County, Texas, and more par- ticularly described by metes and bounds as follows: Beginning at the northwest corner of said Lot 1, Block 2; Thence S. 61° 00 E., along the northerly line of said Lot 1, a distance of 195.0 feet to a point on the west right of way line of Daly Drive also being the north- east corner of Lot 1; Thence S. 29' 00' W., along the west right of way line of Daly Drive, a distance of 15.0 feet to the P.C. of a concave circular curve to the left; Thence along the arc of the circular curve whose cen- tral -angle is 90° 00' and initial tangent bearing is. N. 29° 00' E., a distance 15.71 to a point; Thence N. 61° 00' W., along a line that is 5.0 feet south of and parallel to the northerly line of said Lot 1, a distance of 185.0 feet to a point on the west line of said Lot 1; Thence N. 29° 00' E., along the west line of said Lot 1, a distance of 5.0 feet to the point of be- ginning and containing 996.46 square feet, more or leas. Page 1 of 4 2. Purchase price is $21,200.00 of which $3,400.00 for land and landscaping and $17,800.00 is for relocating the house out of the new right of way. 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 this 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 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. All 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 $500 as earnest money hereunder to be applied on the cash, payment above set out when the transaction 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 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" MCARDLE RD ST IMP Parcel 8(Abernathy) 2 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 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. Possession to be given to Buyer upon execution of "Warranty Deed" by Seller(s). 10. By Seller(s) 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 is further understood, however, that Buyer must 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 understood that it is the Seller's responsibility to relocate the improvements out of the new right of way within 60 days after the execution of the warranty deed. Said relocation of improve- ments shall conform with City codes and regulations. "Real Estate Sales Contract" MCARDLE RD ST IMP Parcel 8(Abernathy) 3 • • EXECUTED in triplicate, either copy of which shall constitute an original, on this day of , 198_ A. M. Abern=thy Naomi Ruth Abernathy ATTEST: SELLERS Armando Chapa City Secretary APPROVED: CITY OF CORPUS CHRISTI, TEXAS By Edward A. Martin City Manager I / DAY OF J. BRUCE AYCOCK,CITY ATTORNEY BUYER •1981 By /ga) James K. Lontos, P.E. Assistant City Manager • Assistant City Attorney THE STATE OF TEXAS 1 COUNTY OF NUECES I 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 X COUNTY OF NUECES 1 This instrument was acknowledged before me on �/Oin +R /6 f 198 by,A. M. Abernathy. and wife, Naomi Ruth Abernathy. i! Notary Public in and for the State f Texas (NOTE: Please print, type, or stamp name + expiration date of notary below) REYNALDO R. ALVAREZ Notary Public In and for the St to of TexaS My Commission Expir o_ "Real Estate Sales Contract" MCARDLE RD ST IMP Parcel 8 Page 4 of 4 • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) September 23, 1985 I certify to the City Council that $ 35,000.00 , 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 220 Street Bond Fund Project No. 220-82-3.1 Project Name McArdle Road -Crescent nrive to Nile from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • -acquisition $21,200 Parcel 8 362 closing costs $21,562 -acquisition, closing costs, appraisal sery , title services Parcels 3,4,5,6,7,9 FIN 2-55 47/2Y/tr. Revised 7/31/69 `M- 7 o , 19m— • 1 • • • Corpus Christi, xas ��"" eR1/` day of R4r 1981 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 passe by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 19023