HomeMy WebLinkAbout19342 ORD - 06/03/1986AN ORDINANCE
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF PARCEL 5 IN CONNECTION WITH THE TIGER LANE
EXTENSION PROJECT; APPROPRIATING $176,173.50; 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 5 in connection with the Tiger
Lane Extension Project, a substantial copy of which is attached hereto and made
a part hereof, marked Exhibit "A."
SECTION 2. That there is hereby appropriated $176,173.50 out of the
Street 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 Tiger Lane Extension 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 3rd day pf June, 1986.
ATTEST:
City Secretary
APPROVED: DAY OF JUNE, 1986
Ci
y
07P.057.01
ney
MAYOR
THE C OF CORPUS CHRISTI, TEXAS
19342 MICROFILMED.
Tiger Lane Extension (1981-s)
Parcel 5
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS X
COUNTY OF NUECES X
This memorandum of agreement made and entered into by and between
J. C.Thedford,
hereinafter called Seller(s), of the County of harris, State of Texas,
and the City of Corpus Christi, hereinafter called Buyer, of the County
of Nuecea, State of Texas,
WITNESSET H:
1. The Seller(s), far 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 Nuecea
County, Texas, to -wit:
See: Page 2
Page 1 of 5
Being an irregularly shaped tract of land
out of Lot 0, Block'2A, Byron Willis Sub-
division as shown by map of record in Volume
45, Page 46, Map Records, Nueces County,
Texas and more particularly described by
metes and bounds as follows:
Beginning at a point being the most westerly
corner of abovementioned Lot 0;
Thence N. 29° 00', along the northwest line
of Lot 0, a distance of'60.0 feet to a
point;
Thence S. 61° 02' E., along a line that is
60.0 feet northeast of and parallel to the
southwest line of Lot 0, a distance of
610.55 feet to a point;
Thence along a curve concave to the left,
being tangent to the last described course
and having a radius of 209.41 feet, a dis-
tance of 55.41 feet to a point, said point
being on the southeast line of Lot 0;
Thence S. 29° 00' W., along the southeast
line of Lot 0, a distance of 67.29 feet
to a point, said point being the most
southerly corner of Lot 0;
Thence N. 61° 02' W., along the southwest
line of Lot 0, a distance of 665.32 feet
to the point of beginning and containing
0.919 acres, more or less.
"Real Estate Sales Contract"
TIGER LANE EXTENSION
Parcel 5
2. The purchase price is One hundred Seventy-five thousand Dollars
and no cents ($175,000.00).
3. The Seller(a) 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:,aaid 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(e) 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 $8750 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"
TIGER LANE EXTENSION
Parcel 5
3
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 swept title subject to all outstanding
restrictive covenants and uoe reatrictiona, 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) day' from this date. Possession to
be given to Bayer upon execution of "Warranty Deed" by
Seller(s).
10. By Seller(a) execution hereof, Beller(a) 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 Beller(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"
TIGER LANE EXTENSION
Parcel 5
4
EXECUTED in triplicate, either copy of which shall constitute an original, on
this day of 198
J. C. Thedford
SELLER
ATTEST:
Armando Chapa
City Secretary
APPROVED:
James K. Lontoa, P.E.
Assistant City Manager
CITY OF CORPUS CHRISTI, TEXAS
By
Ernest M. Briones, Acting City Manager
BUYER
DAY OF , 198 .
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
THE STATE OF TEXAS 1
COUNTY OF NUECES j
This instrument was acknowledged before me on , 198 by
Ernest M. Briones, Acting City Manager for the City of Corpus Christi, Texas.
a municipal corporation, on behalf of said municipal corporation.
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 X
This instrument was acknowledged before me on
by
"Real Estate Sales Contact"
TIGER LANE EXTENSION
Parcel 5
' , 198
Notary Public in end for the State of Texas
(NOTE: Please print, type, or stamp name +
expiration date of notary below)
5
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
May 12, 1986
I certify to the City Council that $ 176,173.50 , 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. 220-82-1
Tiger Lane Extension
Project Name
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose. •
-acquisition
Parcel 5 (Thedford)
FIN 2-55
Revised 7/31/69
iv -J.6-1/ /
(=•'; '7— , 19 J e
I •
f1 L
Dilector of Fjancc
Corpus Christi, Tex
3d day of
, r
•
, 198a
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 CIT 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
19342