HomeMy WebLinkAbout19189 ORD - 02/18/1986TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF PARCEL 71a IN CONNECTION WITH THE NAVY CLEAR
ZONES LAND ACQUISITION PROJECT; APPROPRIATING $457; 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 71a 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."
Hazard Elimination Bond Fund.
SECTION 2. That there is hereby appropriated $457 out of the Airport
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:
ity ecretary
THE C TY OF CORPUS CHRISTI, TEXAS
APPROVED:Pr DAY OF FEBRUARY, 1986
05P.076.01
19189 MICROFILMED
NAVY CLEAR ZONES (1982-m)
Parcel 71a .
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS 1
COUNTY OF NUECES 1
This memorandum of agreement made and entered into by and between
Don Hall and wife, Betty J. Hail,
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(a) to sell and convey unto Buyer, and
Buyer agrees to buy the following described property situated in Nueces
County, Texas, to -wit;
0.007 acres 1296 square feet) of land, being part of Lot 6, Block 1, South
Saratoga Acres as recorded in Volume 40, Page 140, Nap Records, Nueces County,
Texas, said 0.007 acres being more particularly described as follows, to wit:
Commencing: at the intersection of the northeast line of Lot 6, Block 1 and
the southwest right-of-way line of Saratoga Blvd. for the east
corner of Lot 6, Block 1, South Saratoga Acres;
Thence: 5 28° 41' 00" N, 1214.53 feet
along
6, Block 1, said line also being the northwesteline lofeaof Lot
5.000
acre 'tractas recorded- in Volume 1899, Pages 1033-1034, Deed
Records, to the POINT OF BEGINNING of the tract herein
described;
Thence: S 28° 41' 00" W, 45.47 feet along the southeast line of Lot 6,
Block 1, to the south corner of same for the south corner of
this tract;
Thence: N 61° 51' 00" W, 13.02 feet along the south line of Lot 6,
Block 1, to a point on a line 3000 feet (perpendicular
distance) northwest of the northwest end of Runway 13, NALF
Cabaniss for the west corner of this tract;
Thence: N 44° 37' 23" E, 47.41 feet: along a line 3000 feet
Runwa(perpendicular distance) northwest of the northwest end of
y
13, N
0.007acres(2 6 square feet) of landl,TmoreBorlless. containing
Page 1 of 4
2. The purchase price is Two hundred ten Dollars and no cents...
($210.00).
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 this transaction.
4. Upon the securing of the title insurance policy provided for
herein, Sellers) 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
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 $25
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"
NAVY CLEAR ZONES
Parcel 71a (Ball)
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 thie 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 (6o) 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.
"Real Estate Sales Contract"
NAVY CLEAR ZONES
Parcel 71a (gall)
3
EXECUTED in triplicate, either copy of which shall constitute an original, on
this day of
--�_, 198_,
Don Hall
Betty J. Ha11
ATTEST:
Armando Chapa
City Secretary
APPROVED:
SELLERS
James K. Lontos, P.E. -
Assistant City Manager
By.
CITY OF CORPUS CHRISTI, TEXAS
BUYER
DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
THE STATE OF TEXAS I
COUNTY OF NUECES 1
This instrument was acknowledged before me on
Don Hall and wife, Betty J. Hall.
, 198
_, 198 by
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
COUNTY OF NUECES X
This instrument was acknowledged before me on
by
"Real Estate Sales Contract"
NAVY CLEAR ZONES
Parcel 71a
Page 4 of 4
198
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)
February 17, 1986
I certify to the City Council that $ 457.00 , 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 71a (Hall)
FIN. 2-55
Revised 7/31/69
g78 lig
, 195s�
Di7re for of 7iI a e
.0
Corpus Christi, Te .s
/0 4- day of
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 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
19189