HomeMy WebLinkAbout19303 ORD - 05/13/1986TEXAS:
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AN ORDINANCE
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF PARCEL 71d IN CONNECTION WITH THE NAVY CLEAR
ZONES LAND ACQUISITION; APPROPRIATING $2,945; 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 71d 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 $2,945 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 13th day of May,
1986.
ATTEST:
City Secretary
APPROVED: DAY OF MAY, 1986
Ci'WS�
y
06P.092.01
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
19303 MICROFILMED
NAVY CLEAR ZONES (1982-m)
Parcel 71d
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS • ):
COUNTY OF NUECES 1
This memorandum of agreement made and entered into by and between
Dyke D. Henderson and wife, Kay Henderson,
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(e) to sell and convey unto Buyer, and
Buyer agrees to buy the following described property situated in Nueces
County, Texas, to -wit:
0.088 acres (3,829 square feet) of land out of Lot 1, Block 14, Bohemian Colony Lands
as recorded in Volume "A", page 48, Nap Records, Nueces County, Texas, said 0.088
acres being part of a 5.000 acre tract as described by deed recorded in Volume 1709,
Page 593, Deed Records, Nueces County, Texas, said 0.088 acres being more
particularly described as follows, to wit:
Commencing:
Thence:
Thence:
Thence:
Thence:
Thence:
at Bohemian intersection
Lands and the southwest the centerline line
Chapm no RanchSRecton o di (State
Highway 286);
N 61° 51' 00" W, 60.00.feet to the south• corner of Lot 4, Block 2,
NuecesSarato9County, Texas;a Industrial Place U-2 as recorded in Volume 45, Page 19,
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continue N 61° 51' 00" W, 1413.14 feet along the southwest line of
said Lot 1, Section 14 to the POINT OF BEGINNING and the southeast
corner of this tract;
continue N 61° 51' 00" W, 161.15 feet along the'southwest line of Lot
1, Section 14, to the south corner of a 5.000 acre tract as recorded
in Volume 1912, Page 376, Deed Records, Nueces County, Texas, for the
west corner of this tract;
N 28° 41' 00" 8, 47.52 feet along the southeast line of said 5.000
acre tract to a point on a line 500.00 feet (perpendicular distance)
northeast of and. parallel to the projection of the centerline of
Runway 13, NALF Cabaniss, for the north corner of this tract;
S 450 22' 37" E, 167.59 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 the POINT OF BEGINNING,
containing 0.088 acres (3,829 square feet) of land, more or less.
a- tcr
2. The purchase price is Two thousand Seven hundred Dollars
and no cents ($2,700.00).
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, Seiler(s) agree(a) 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, 1f 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 $135 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 axe- '
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 71d(Henderson)
2
procedure. In the event Seller(e) fail(a) 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 net out will bipd either party.
"Real Estate Sales Contract"
NAVY CLEAR ZONES
Parcel 71d(Henderson)
3
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EXECUTED in triplicate, either copy of which shall constitute an original, on
this 2c day of _ a a , 1986.
CITY OF CORPUS CHRISTI, TEXAS
DO - I i Hn iIIP,'SI II _ _-_ - �-
1 // By
ka'6G, r//G':(GXSr2161L/
Hdnderson
NNLIdiNN
ATTEST:
Armando Chapa
City Secretary
APPROVED:
BUYER
DAY OF , 198 .
J. BRUCE AYCOCK, C TY ATTORNEY
By
James K. Lontos, P.E.
Assistant City Manager
Assistank City ,'torney
THE STATE OF TEXAS
COUNTY OF NUECES j
This instrument was acknowledged before me on , 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 j
COUNTY OF NUECES j
This instrument was acknowledged before me on April03 th , 1986
by Dyke D. Henderson and wife, Kay Henderson.
"Real Estate Sales Contract"
NAVY CLEAR ZONES
Parcel 71d
Page 4 of 4
Notary Public nand for the State of Texee
(NOTE: Please print, type, or stamp name +
expiration date of notary below)
Richard C. Wood 3-1-86
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Corpus Christi, T xas
/34 day of , 1986
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
19303
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNIS
(City Charter Article IV Section 21)
May 12, 1986
I certify to the City Council that $ 2,945.00 , 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 71d(Henderson)
linoh 1A , 19Q
(leaf a/...71
;;Finance
FIN 2-55
Revised 7/31/69
.48,6,b1403,40