HomeMy WebLinkAbout19188 ORD - 02/18/1986TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF PARCEL 67 IN CONNECTION WITH THE NAVY CLEAR
ZONES LAND ACQUISITION PROJECT; APPROPRIATING $1,267,700;
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 Parcel 67 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 $1,267,700 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 18th day of
February, 1986.
ATTEST:
City ecretary
YIR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:j(DAY OF FEBRUARY, 1986
sslstaAt orney
05P.075.01
Isles MICROFILMED
6N.
NAVY CLEAR ZONES (1982-m)
-Cabaniss
Parcel 67
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS 5
COUNTY OF NUECES 5
This memorandum of agreement made and entered into by and
between Byron Jackson Gierhart, Paula Jackson Gierhart Heldenfels
and Martha Gierhart Spear, Individually and as Sole Trustee
under the Will of'
�'. B. Gierhart for Lucile Paula Spear, Mary
Martha Spear and Harry Morgan Spear, III, 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 hereinafter set out, hereby agree(a) to sell and convey
unto Buyer, and Buyer agrees to buy the surface estate only
in the following described property situated in Nueces County,
Texas, to -wit:
Description for a 20.598 acre tract of land
out of Lot 5, Section 8, BOHEMIAN COLONY
LANDS, as shown by map of record in Volume
A, Page 48,
Texas, said20.598 Records,
acre tract Nofceland obeing
more particularly described by metes and
bounds as follows:
Beginning at a point in the southeast right
of way of Ayers Street (State Highway 286)
at its intersection with the northeast
boundary line of said Lot 5, from whence
the most northerly corner of said Lot 5,
bears N. 61° 30' 28" W., 50.0 feet for
the most northerly and beginning corner
of the tract herein described;
Thence S. 61° 30' 28" E., with the northeast
line ne of
a said Lot 5, a distance of 727.38
point for the most easterly corner
of the tract herein described;
Page 1 of 10
Thence S. 28° 46' 02" W., a distance of
1260.78 feet to a point in the northeast
forkt the ofmostye southerly corner Saratoof Boulevardu
herein described; the tract
Thence N. 61° 32' 59" W., with the north
right of way line of said Saratoga Boulevard,
a distance of 602.03 feet to a concrete
monument in the northeast right of way flare -
tract
out aheret inrdescribed; s Street for a corner of the
Thence N. 0° 25' 35" E., with the said
northeast right of way flare -out, a distance
of 227.25 feet to a concrete monument in
the southeast right of way line of said
Ayers Street for a corner of the tract herein
described;
Thence N. 28 58' 01" E., with the southeast
right of way line of said Ayers Street,
a distance
rod forcorner of2tOheOtract feetherein described;
Thence N. 23° 33' 42" E., with the southeast
right of way line of said Ayers Street,
a distance of 201.02 feet to a point for
a corner of the tract herein described;
Thence N. 28° 46' 02" E., with the southeast
right of way line of said Ayers Street,
a distance of 640.42 feet to the point of
beginning,
Containing 20.598 acres of land, more or
less.
A map of which is marked "Exhibit A" and attached hereto and
made a part hereof for all purposes.
2. The purchase price is One Million Two Hundred Sixty -One
Thousand Six Hundred and No/100 Dollars ($1,261,600.00).
3. The Seller(s) shall provide at the expense of Buyer,
a title insurance policy, without exceptions, except as provided
for in Paragraph 8. hereof, 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 insurance 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.
"Real Estate Sales Contract"
NAVY CLEAR ZONES
Parcel 67 (Gierhart, et al)
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 provisions of this contract subject to the
exceptions described in Paragraph 8. hereof, properly conveying
said property to said Buyer, and Buyer agrees thereupon to make
the cash payment. The said deed shall contain a waiver of all
rights of access to the surface for the purposes of exploration
for, development of or production of the mineral estate.
5. All taxes to be paid by Seller(s) up to and including
the year 1985.
6. All current taxes, if any, are to be prorated between
the Buyer and the Seller(s) for the year 1986 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 Fifty Thousand
and No/100 Dollars ($50.000.00) 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 performance hereof. When the
executed deed and any other necessary executed 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 procedure. In the event Seller(s) fail(s) to tender
a deed conveying said property in accordance with the terms
"Real Estate Sales Contract"
NAVY CLEAR ZONES
Parcel 67 (Gierhart, et al)
•
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, easements
including existing clear space easement, if any, applicable
to said property and the mineral estate which shall be reserved
to Seller(s) subject to the waiver contained in Paragraph 4,
above.
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 sixty (60) days from
the date of this contract. 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 agreement 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 thirty
(30) 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(s) will be granted access
from Ayers Street to the remainder of the Sellers' property
via a sixty foot (60') wide access road easement running parallel
to Saratoga Boulevard with the north boundary line of said sixty
foot (60') wide access road easement being located five hundred
feet (500') south of the north property line of the subject
tract.
"Real Estate Sales Contract"
NAVY CLEAR ZONES
Parcel 67 (Gierhart, et al)
12a. It is agreed that in the event Cabaniss Field is
permanently closed to air traffic and the clear zone area is
no longer needed, then the Seller(s) will have the option to
repurchase the clear zone area described on Page 9 of this
contract at any time within two (2) years of such event for
the cash consideration of One and 40/100 Dollars per square
' foot ($1.40/S.F.) plus eight percent (8%) per year simple interest
compounded annually from the date of this agreement.
12b. It is also agreed that the remainder of the subject
20.5980 acre tract containing 10.0097 acres and located outside
the above described clear zone area will be subject to the
following repurchase option to the Seller(s). The Seller(s)
will have the right to repurchase said 10.0097 acres at any
time within three (3) years of the date of this agreement for
a cash consideration of One Dollar and 00/100 Dollars per square
foot ($1:00/S.F.) plus eight percent (8%) per year simple
interest compounded annually from the date of this agreement.
12c. In the event that the repurchase options set forth
in Paragraphs 12a. and 12b. are both exercised by the Seller(s),
then an additional Forty Cents per square foot ($.40/S.F.) plus
eight percent (8%) per year simple interest compounded annually
from the date of this agreement for the 10.0097 acres set out
in Paragraph 12b. will be due at the time the repurchase option
set out in Paragraph 12a. is exercised and paid.
13. Seller(s) have been advised by Kenneth T. Kohrs,
Manager, Property and Acquisition Division, Department of
Engineering of the City of Corpus Christi, that the City of
Corpus Christi has the power of eminent domain pursuant to the
laws of the State of Texas, that the City of Corpus Christi
acting through its City Council intends to acquire the property,
"Real Estate Sales Contract"
NAVY CLEAR ZONES
Parcel 67 (Gierhart, et al)
if it is unsuccessful in negotiating a purchase thereof, by
proceeding with condemnation thereof, and that communication
of this threat of condemnation to Seller(s) has been authorized
by the City Council of the City of Corpus Christi. Seller(s)
hereby agree(s) to sell the subject property to the City of
Corpus Christi pursuant to the terms of this agreement
involuntarily as a result of the above-described threat of
condemnation and with the intention of avoiding such proceedings.
14. Seller(s) (is) (are) in receipt of a letter of
January 3, 1986 signed by Marion Brown, Paving Coordinator,
indicating a paving, curb, gutter and widewalk assessment against
Lot 5, Section 8, Bohemian Colony Lands in the amount of
$60,770.25. Buyer agrees that this assessment will be amended
so that the portion of the assessment affecting the property
covered by this contract will be deleted and that the obligation
of Seller(s) under such assessment will be related only to the
portion of their property remaining after this sale.
EXECUTED in triplicate, either copy of which shall constitute
an original, on this the 3 day of �F—.t�.�
'B• , 1986.
o
A.erd&71-
Martha Gierhart Spear, n.ivl. ually
and as Sole Trustee under the Will
of 6; B. Gierhart for Lucile Paula
Spear, Mary Martha Spear and Harry
Morgan Spear, III
"Real Estate Sales Contract"
NAVY CLEAR ZONES
Parcel 67 (Gierhart, et al)
Pau
SELLERS
-6-
son Gierhart Hel j nfels
ATTEST:
City Secretary
(Name)
APPROVED AS TO LEGAL FORM THIS
IST" day of Firta,,ms4
8
ASsis}uh+ City Attorney
a,4;Il0
THE STATE OF TEXAS §
COUNTY OF NUECES §
Name
City of Corpus Christi
By:
(Name)
(Title)
BUYER
. APPROVED:
James K. Lontos, P.E.,
Assistant City Manager
Thinstrument was acknowledged before me on the ./'
day of AW 1986 by Byron Jackson Gierhart.
Not ry Public, S a Nt oae
Typed
My C
nted Name
PAT N. e0URQUE
gAgattarm
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the �•'��'
day of 1986 by Paula Jackson Gierhart
Heldenfels.
Ubi 0, State
tary'Public, State of Texas
JL
Typed or Printe<d Name
My Commission Expires:44/may
"Real Estate Sales Contract"
NAVY CLEAR ZONES
Parcel 67 (Gierhart, et al)
THE STATE OF TEXAS 9
COUNTY OF NUECES 9
This ins rument was acknowledged before me on the
day of 1986 b
Individual y an as o e Trustee under tthe Will ofrthaierhart pear,
afor Lucile Paula Spear, Mary Martha Spear and Harry Morgan i Spear,
III.
t1°. k/a-4 4//
Typed or Printed Name
My Commission Expires: TAM.
THE STATE OF TEXAS 9
9
COUNTY OF NUECES 8
This instrument was acknowledged before me on the
day of
, 1986 by
on e a of the City of Corpus Christi, acting
o t City o Corpus Christi.
Notary Public, State of Texas
Type or Printe Name
My Commission Expires:
"Real Estate Sales Contract"
NAVY CLEAR ZONES
Parcel 67 (Gierhart, et al)
CLEAR ZONE AREA
THE STALE OF TEXAS:
COUNTY OF NUECES:
FIELDNOTE DESCRIPTION of a tract or parcel of land containing 10,5883
acres, being out of Lot 5, Section 8 of the Bohemian Colony Land
Subdivision as recorded in Volume A, Page 48 of the Noce. County Hap
Records.
bounds as follows;
Said 10.5883 acre tract is more particularly deecribed by metes and
C0101ENCING at the extended Northerly right-of-way line of Saratoga
Road (120 -foot wide right-of-way) with the extended Easterly right-of-way
line of State Highway 286 (Variable width right-of-way);
HNC
way 1 ne DEEB [orthll228.gh58'28.6, East, along the extended Easterly
of 20.61 feet to a hihway
monument found for the POINT OF BEGINNING ofor 4 dit the herein described t 10.5883•
etre tract;
THENCE, North 280 58' 01" East, along the Easterly right-of-way line
of State Highway 286, for a distance of 220,00 feet.to a 5/8 -inch iron rod
found for corner;
THENCE, North 230 33' 42" East, continuing along, the said right-of-
way line, for a distance of 201.02 feet to a 5/8 -inch iron rod set far
corner;
THENCE, North 28° 46' 02" East, continuing along the said right-nf-
cornilne, for a distance of 640.42 feet to a 5/8-1och iron rod found for
EECE
line T1 State High 61
0 30' 28" Eaot, leaving the Easterly right-of-way
rod met for corer; y fora distance of 35.82 feet to a 5/8 -loch iron
THENCE, South 000 02' 30" East, for a distance of 1435.08 feet to a
5/8 -inch iron rod set for corner at its intersection with the afore-
mentioned Northerly right-of-way line of Saratoga Road;
THENCE, North 610 32' 58" West, along the said Northerly right-of-way
found for corner;
line of Saratoga Road for a distance of 602.03 feet to a highway monument
TIIENCE, North 000 25' 35" East, leaving the said right-of-way line of
Saratoga Road, for a distance of 227.25 feet to the POINT OF BECIIININC;
CONTAINING within these mete. and bounds 10.5883 acr(6 04On
Feet) of lend area, more or lees, e0461,22
f "!reeu,A kuac- n.... ,
"Real Estate Sales Contract"
NAVY CLEAR ZONES
Parcel 67 (Clerhart, et a1)
•
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28 ".E.
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SARA TO 0,4
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72,73.5.
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44-49 ,vr
20.598 eliC•te E reocr
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9//if/q/ Cot °Air Los..
gefel re ne 14/4/me #7, Paid. 49,
MD 49acare15, /Vaeces vnly , 76c.
. "Real Estate Sales Cort act' -
NAVY CLEAR ZONES
Parcel 67 (Gierhart, et al)
Page 10 of 10
.56.17/e.' /":
EXHIBIT A
•
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
February 17, 1986
I certify to the City Council that $ 1,267,700.00 , 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 67 (Gierhart, et al)
FIN 2-55
Revised 7/31/69
4-1,0) i/
- e 111/$�'
z/., J
1.1‹.
, 19Wr:
-DJ �h ector of- 'ihah
Corpus(�Christi, Texts
/$i day of
, 1984
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 passednby the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
19188