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Home My WebLink About19226 ORD - 03/18/1986AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 71b IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION; APPROPRIATING $16,459; 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 71b in connection with the Navy Clear Zones land acquisition, Project 247-82-1, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $16,459 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 March, 1986. ATTEST: k>/,'(52 City Secretary APPROVED:/ DAY OF MARCH, 1986 -l� City At�ne 05P.122.01 MAYOR THE CITY 192% MIC F CORPUS CHRISTI, TEXAS FILMED NAVY CLEAR ZONES (1982-m) Parcel 71-b REAL ESTATE SALES CONTRACT THE STATE OF TEXAS j COUNTY OF NUECES j Exiwair This memorandum of agreement made and entered into by and between Saratoga Trust, 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, WITNESSET 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: See: Page 2 Page 1 of 6 TRACT I 0.460 acres (20,002 square feet) of land out of Lot 1, Block 14, Bohemian Colony Lanes as recorded in Volume "A", page 48, Map Records, Nueces County, Texas, said 0.460 acres being part of a 5.000 acre tract as described by deed recorded in Volume 1899, Pages 1033-1034, Deed Records, Nueces County, Texas, said 0.460 acres being more particularly described as follows, to wit: Commencing: at the intersection of the southwest line of Lot 1, Section 14, Bohemian Colony Lands and the centerline of Chapman Ranch Road (State Highway 286); Thence: N 61° 51' 00" W, 60.00 feet to the south corner of Lot 4, Block 2, Saratoga Industrial Place U-2 es .recorded in Volume 45, Page 19, Nueces County, Texas; 'Thence: continue N 61° 51' 00" W, 1747.15 feet along the southwest line of said Lot 1, Section 14 to the POINT OF BEGINNING and the south corner of .this tract; Thence: N 61° 51' 00" W', 172.85 feet along the southwest line of Lot 1, Section 14, to the west corner of same for the west corner of this tract; Thence: N 28° 41' 00" £, 45.47 feet along the northwest line of Lot 6, Block 1, South Saratoga Acres as recorded in Volume 40, Page 140, Map Records, Nueces County, Texas, to a point on a line 3000.00 feet (perpendicular distance) northwest of and parallel to the northwest end of Runway 13, NALF Cabaniss, for an outside corner'of this'tract; Thence: N 44° 37' 23" E, 100.01 feet along a line 3000.00 feet (perpendicular distance) northwest of and parallel to the northwest end of Runway 13, NALF Cabaniss, to a point on a line 500.00 feet (perpendicular distance) northeast of and parallel to the projection of the centerline of Runway 13, HALF Cabaniss, for the north corner of this tract; Thence: S 45° 22' 37" E, 151.19 feet along a line 500.00 feet (perpendicular distance) northeast of and parallel to the projection of the centerline of Runway 13, NALF Cabaniss, to a point on the northeast line of a 5.000 acre tract of land as recorded in Volume 1912, Page 376, Deed Records, Nueces County, Texas; Thence: S 28° 41' 00" W, 98.50 feet along the northwest line of said 5.000 acre tract to the POINT OF BEGINNING, containing 0.460 acres (20,002 square feet) of land, more or less. 'heal Estate Sales Contract" NAVY CLEAR ZONES Parcel 71-b(Saratoga Tr) TRACT II Description for a triangular shaped tract of land out of a 5.0 acre tract in the name of Saratoga Trust and recorded in Volume 1899, Pages 1033-1034, Nueces County Tax Deed Records, and out of Lot 1, Bohemian Colony Lands as shown by map of record in Volume A, Page 48, Nueces County, Texas, Map Records, said triangular shaped tract of land being more particularly des- cribed by metes and bounds as follows; Beginning at a point in the northwest boundary line of said 5.0 acre tract, said point being N. 28° 41' E., 45.47 feet from its most westerly corner thereof, for the most southerly and be- ginning corner of the tract herein described; Thence N. 28°.41' E., with the northwest boundary line of said 5.0 acre tract, a distance of 104.01 feet to a point for the northwest corner of the tract herein described; Thence S. 45° 22' 37" E., along a line 500.0 feet (perpendicular distance) northeast of and parallel to the projected centerline of Runway 13, NALF Cabaniss, a distance of 28.56 feet to a point for the most easterly corner of the tract herein described; Thence S. 44'37' 23"N., along a line that is 3000.0 feet (perpendicular distance) northwest of and parallel to the north- west end of Runway 13, NALF Cabaniss, a distance of 100.01 feet to the point of beginning, Containing 1428.14 square feet of land, more or less. "Real Estate Sales Contract" NAVY CLEAR ZONES Parcel 71b(Saratoga Tr) Navy Clear Zones (1982-m) Parcel 71b 3 2. The purchase price is Sixteen thousand One hundred Dollars and no cents....($16,100.00). 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, 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. A11 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(a) 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 $1,000 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 71b(Saratoga Tr) 4 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 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(s). upon execution of "Warranty Deed" by 10. By Seller(s) execution hereof, Beller(e) acknowledge(n) 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 id 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. "Real Estate Sales Contract" NAVY CLEAR ZONES Parcel 71b(Seratoga Tr) EXECUTED in triplicate, either copy of which shall constitute an original, on this day of , 198_ By: SARATOGA TRUST CITY OF CORPUS CHRISTI, TEXAS Marshal W. Pearce, Trustee SELLER ATTEST: Armando Chaps City Secretary APPROVED: James K. Lontos, P.E. Assistant City Manager BUYER DAY OF J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney , 198 . THE STATE OF TEXAS X COUNTY OF NUECES I This instrument was acknowledged before me on Marshal W. Pearce, Trustee for the Saratoga Trusof 198_ by Trust. 8 on behalf said Saratoga 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 71b(Saratoga Tr) 198 Notary Public in and for the State o£ Texas (NOTE: Please print, type, or stamp name + expiration date of notary below) 6 CITY OF CORPUS CHRISTI, TSS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 17, 1986 I certify to the City Council that $ 16,459.00 for the contract, agreement, obligation or expenditures above and foregoing ordinance is in the Treasury of the to the credit of: Fund No. and Name Project No. 247-82-1 Project Name , the amount required contemplated in the City of Corpus Christi 247 Airport Hazard Elimination Bond Fund Nay Clear Zones Land Ac uisition from which it is proposed to be drawn, and such money is not appropriated for anyiother piurpose. -acquisition, closing costs parcel 71b (Saratoga Trust) FIN 2-55 Revised 7/31/69 kJ - FIN #811 �o�4.� 7 4///g� Direc 19,9" -dr Finance Corpus�yChristi, Texas I b 111 day of 1)/}(13...h.0.11 , 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, MAYO Council Members •THE C Y OF CORPUS CHRISTI, TEXAS The above ordinance was passe by Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong the following vote: 19226