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HomeMy WebLinkAbout19418 ORD - 08/05/1986TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 1 IN CONNECTION WITH THE ELLIOTT SANITARY LANDFILL EXPANSION PROJECT; APPROPRIATING $1,367,792.76; 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 1 in connection with the Elliott Sanitary Landfill Expansion Project 252-82-1, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $1,367,792.76 out of the Sanitary Landfill 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 Elliott Sanitary Landfill Expansion 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 5th day of August, 1986. ATTEST: y Secretary APPROVED:ZeDAY OF JULY, 1986 HAL GEORGE, CITY ATTORNEY 08P.036.01 MAYOR Affy/Nol•'THE CITUS CHRISTI, TEXAS 1941s MICROFILMED J. C. ELLIOTT SANITARY TANDEM IXPANSION (1981 -ss) -between Greenwood and Chapman Ranch Road REAL ESTATE SATES CONTRACT THE STATE OF TEXAS f t COIAVI'Y OF NUECES f This nesorandun of agreement made and entered into by and between VIL. nit FRANK SIMCIK and wife, ASA HA; DELLA ROSE ELZNER, a widow; ALBERTINA ANN O.AKES, a widow; ALICE SIMCIK, a widow; ALBERT JOHN SINCIK, JR., a single person, ELLA JULIA SIMCIK, a single person; CAROL SIhCIK YOCUM and husband, JRENIE YOCIM: and LILLIAN MARIE COVIIL, a single person; all of Nueces County, Texas; and SHERRY LY131 LANQN, a single person, of Tampa, Hillsborough County, Florida; Estate of SYLVIA ANN STEEL and her surviving husband, ROBERT STEEL, of Contra Costa County, California; and SANDRA KAY LApff N CALUAPS, wife of LOUIS M. GALLOPS, of Cary, North CArolina, hereinafter called Sellers, and the City of Corpus Christi, hereinafter called Buyer, of the County of Nueces, State of Texas, WITNESSETH: 1. The Sellers, for the consideration and upon the terms hereinafter set out, hereby agree to sell and convey unto Buyer, and Buyer agrees to buy the following desdribed property situated in Nuetes County, Texas, to -wit: SEE: PAGE 2 Page 1 of 9 • Field notes for a 155.575 acre tract of land out of Lots 4 and 5, Section 14, and Lots 1 and 8, Section 16, Bohemian Colony Lands, as. shown by Map of Record in Volume 6, Page 48, • Nueces County, Texas, Map Records, and being more particularly described by metes and bounds as follows; Beginning at a 1" iron pipe in the southeast right of way line of 40 foot wide Greenwood Road, said point being S. 61° 29.' 58" E., 20.00 feet from the most northerly corner of said Ldt 5, for the most northerly and be- ginning corner of the tract herein described; Thence S. 61° 29' 58" E., with the southwest line of Lot 6, said Section 14, the northeast line of said Lot 5, a distance of 2960.49 feet to a 1"'iron pipe for the most easterly corner of the tract herein described; Thence S. 29° 00' W„ a distance of 1832.00 feet to a 1" iron pipe in the north bank of Cayo Del Oso Creek for the most southerly corner of the tract herein described; Thence in a general Westerly direction with the meanders of the north bank of the Cayo Del Oso Creek, the following calls; N. 76° 36' 56" W. 416.37 feet, S. 85° 52' 05" W., 513.54 feet, S. 72' 12' 12" W., 424.02 feet, S. 70° 35' 07" W., 503,63 feet, N. 68° 17' 02" W., 357.00 feet, N. 25' 09' 18" W., 255.46 feet, N. 6° 32' 44" W., 194.88 feet, N. 1° 55' 30" E„ 610.08 feet, N. 6° 17' 37".W., 331.57 feet, N. 1° 55' 03" W., 188.03 feet, and N. 9° 16' 00" W„ a distance of 426.95 feet to a 1" iron pipe at its intersection with the southeast right of way line of said Greenwood Drive for the most westerly corner of the tract herein described; Thence N. 29° 00' E., with the southeast right of way line of said Greenwood Drive, a distance of 1311.46 feet to .the point of beginning, • Containing 155,575 acres of land, more or leas, including a 40 foot public road, 21C. Elliott SanitarynLandfi11 Expansion ion 2 2. The purchase price is One Million Three Hundred Sixty -cue Thousand TWo Hundred Eighty -One Dollars and NO Cents...($1,361,281.00). 3. The Sellers 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 uY against any title defects or adverse claims thereto. Said title insurance policy shall be issued through Nueces Title Company of Copus Christy Texas, untually agreed to be 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 to deliver at the expense of Buyer a good and sufficient general warranty deed drawn in accordance with the provisions of this contract, properly conveying said property to said Buyer, and Buyer agrees thereupon to melte the cash payment. 5. All taxes to be paid by Sellers up to and including the year 1985. 6. A11 current taxes, if any, are to be prorated between the Buyer and the Sellers for the year 1986 to date of closing, except as may be herein other- wise provided. 7. Buyer has this day deposited with the above title insurance company or title guaranty company the sumo of $50,000 as earnest money hereunder to be applied on the cash payment above set out when the transaction is closed, at Which time and place 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 Sellers 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 ca[pany or title guaranty canpamry said title company will close the transaction in accordance with its usual and custanary procedure. In the event Sellers fail 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 easements, rights-of-way, restrictive covenants and use restrictions, if any, of record, and "Real Estate Sales Contract" J. C. Elliott Sanitary Landfill Expansion all city zoning and regulatory ordinances, if any, applicable to said property, including the existing recorded oil and gas lease covering a portion of said land, and also inclndine the cash rent agricultural lease for the crop year of 1986, with Sellers as lessors and William Klepac, Jr., as lessee. 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, and subject to item 8 above. Possession to be given to Buyer upon execution of "Warranty Deed" by Sellers. 10. By Sellers execution hereof, Sellers acknowledge that 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 sixty (60) days from the date of Sellers execution or this agreement shall be null and void and none of the provisions hereinabove set out will bind either party. 11. Sellers shall retain all mineral rights including all of the oil and gas rights, and including reasonable rights of ingress and egress to explore, drill and produce said minerals; provided, however, such rights shall be subject to the right of Grantee to reasonably designate those locations only which will permit such exploration, drilling and production without unreasonable interference or Obstruction of the proper use of said land for public sanitary land fill purposes. Any such lease or contract hereafter made for the exploration and development of said land for oil, gas and other minerals shall provide that lessee shall indemnify Grantee, its employees, servants, agents, contractors, invitees and licensees from any and all lawsuits, demands, liabilities, losses or claims for damages or personal injuries which may arise frau any negligence or other actionable act or omission on the part of Grantor's lessees as a result of operations conducted under any such lease or contract. 12. It is also understood that this property is being purchased by the City under the threat of eminent domain proceedings. 13. It is understood that the subject property will be used for the expansion of the Elliott Santirary Landfill, and in this connection Buyer agrees, at its cost, to erect anew fence and gate along the new camon boundary line adequate to contain cattle and permit the agricultural tenant access to his cultivated land area and "Real Estate Sales Contract" J. C. Elliott Sanitary Landfill Expansion 4 to minimize blowing of paper onto Sellers unsold land. 14. Buyer to receive subject acreage prorate share of cash rent revenue for the 1986 crop year, rr rated acreage wise and prorated to date of closing on the basis of thenumber f months of ownership by each park, and pro-rated onthednumber to the ntmbeacres f cultivation and planted on the conveyed tract of land r of such acres retained and unsold hereby for sellers. 15. The Sellers own various sized undivided shares of the land being sold to Buyer, dhave been represented by an attorney, Farrell D. Smith, in the negotiations leading up to this settlement of damages, for the value of the ppm' beingold hereby in lieu of condemnationAccordingly, the Sellers sales ee as be themselves, as to the division of the forthcoming anticipated proceeds and amount of attorney and appraisal fees, each will receive and the fees and expenses each will bear, and they agree to do so in writing and to furnish the title company, along with this Beal Estate Sales Contract, with such written agreement for the benefit and reliance of the said title cabpany and each of the Sellers. In this nder of eg reatu the laws of intestate succession of Texas, Crystal L�cin Moyer, ia,!—C ty, Florida, 33598, owns a life estate interest in the subject land equal to not less than an undivided 0.485009 of an acre (out of the 274 acre Simcik Family Tract of land), and, if, as, and when a Prior life estate interest, to which it is subject to, expires to then increase to an undivided 0.7275136 of an acre of land (out of the 274 acre Simcik Family Farm) all described in the Heirship Affidavit and the deed records of Nueces Cothe of record in panty, Texas, in Volume 1981 pages 870 This life estate interest is out of the 898. D'r'O1 existing undivided interest of Sanan Sandra Temkin incl �.dand Alice Simcik and is in the process of being purchased by SandraSLamiCin Gallops from Crystal Larkin Myer, and agreed to be coordinated with this overall sale. If for any uc g�� eh ontenplated Purchase is not timely consummated, then the individual hereby individually agree to remain bound by this Beal Estate Sales Agreement to sell their undivided interest or share to Buyer an the same price basis and terms as set out herein. "Beal Estate Sales Contracts J. D. Elliott Sanitary Landfill Expansion EXECUTED in triplicate, either copy of which shall constitute an original, on this 'iday of , 1986. VieroR swcir. SINCIK ALBLKCI'1NA APAI ll4Khb • IU F.P•1�fi •. Sn�iui�{�kil�"u] s v/ au JULIA s .6B ATTEST: MEL, EL, INDIVIDUALLY. ARM NDO CUAPA, City Secretary SELLERS CITY OF CORPUS CHRISTI, TEXAS BY: Craig McDowell, City Manager BUYER APPROVED: JAMES K. IiY11CS, P.E., Assistant City Manager "Real Estate Sales Contract" J. C. Elliott Sanitary Landfill Expansion 6 THE STATE OF TEXAS COUNTY OF NUECES This instrument was aclnualedged before me on , 198 by CRAIG McDOWELL as City Manager of the City of Corpus Christi, Texas. NC7LARY PUBLIC in and for State of TEXAS. Print Name'of Notary: My Commission Expires: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on June 5th 198 6 by VICTOR FRANK MEEK and wife, AGATHA ST}EIK. NOTARY PUBTSE in and for State of Print Name of Notary: EVELTA PEREZ ' Pty Commission Expires: ; 7/22789 THE STATE OF TEXAS . t COUNTY OF NUECES This instrum.nt was acknowledged before me to , 1986 by DELLA ROSE EIZNER. June 5th Print Nam of Notary: EVELTA PfREZ My Commission Expires, 7/22/89 "Real Estate Sales Contract" J. D. Elliott Sanitary Landfill Expansion 7 THE STATE OF TEXAS / COUNTY OF NOECES 1Th9 86by A�LBERTt was � �S. before me on June 5th Print Name of No an. or tate NotPublic: EVELTA PEREZ SSlon Tres: X89 THE STATE 1 COUNTY OF OF TEXAS NUECES 1986 ins by truseng was ado"ledged before me on THE STATE OF TEXAS 1 COUNTY OF NUECES # This 86n tnent was aclma,,ledged before me on by ALBERT JOKI SE4CIK, JR. .June 6th I vi V. • Y • is WC' in an. or tate Print Name of Notary Public: EUELIA PERE7. THE STATE OF TEXAS 1 COUNTY OF NOECES 1 This 86 instrunent was aclmodledged before me on Y ELLA JULIA SI9ZIK, June 6th Print Nameof No an. or tate Cary Public: EVELLA PEREZ sion Cres(_ 7/22/89 June 5th THE STATE OF TEXAS I cowry OF NUECES Th s btrlmant was atlmaaledged before an on June 5th Y CARO. SZIClIC YOCUM and husband, DORITrycz _ . Print Name an. or -tate of Notary Public: .EVELTA PEREZ Real Estate Sales Contract" J. C. Elliott Sanitary Landfill Expansion slat a„ res: THE STATE OF TEXAS t COUNTY OF NUECES t This instrument was acknowledged before me on , 1986 by LILLIAN MARIE COVTLL• • June 5th NOTARY) in and for ate C TEXAS • Print Name of Notary Public: EVELIA PEREZ My Ccaara.ss1on Expires: : 7/92!94 :THE STATE OF EIORIt t COMITY OF HILLSBOROUGH f This instrument was acknowledged before me an , 191itlby SHERRY LYNN IAMIN. � � r � L C C aan for State o Prinane of NotavVey1'Public: \(a MP �l..Gn 1Cf. ; ptlkµRada yy m�..ea 4 . ] 1. ♦ly [UID1551O[1ire8': ern.. ,. "� THE STATE OF CALIFORNIA . COUNTY OF CONTRA COSTA t This instr ment was acknowledged before me on Q , 19$1 by ROBERT STEEL, Individually and as swing husband of SYLVIA ANN STEEL, deceased. OFFICIAL SEAL UVULAE D. GOODMAN NOM. P103,u rcuc uuwnA aACOW Cour+n rt.... bp.. No. if. 0V C in a' for State t CALIFORNIA N of Notary Public: my THE STATE OF NORM CAROLINA- ' CWNri OF WAS:.. t .. .. This instnment was acknowledged before an ofL' , 19 �� by SANDRA KAY LAMCIN GALLOPS and hosb LOUIS M. GALLOPS. 1 f PUBLIC , A -ortate of N0 111 CAROLINA t Name of lots Public: ,„,„ . L iIOO IGLCL( My do sission Expires: "Real Estate Sales Contract" J. C. Elliott Sanitary Landfill Expansion PACE 9 of 9 4.,•• Ono re .40 ry aro V.. 1• LOT 3 LOT 3 anwsro •• LOT 4 MO ....go • . • • t 1 3 t • a 5 • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) • July 28, 1986 I certify to the City Council that $ 1,367,792.76 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City'df Corpus Christi to the credit of: Fund No. and Name 251 Sanitary Landfill Project No. 251-82-1 Project Name Sanitary Landfill -Elliott Expansion from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • Elliott Sanitary Landfill Expansion (1981 -ss) -acquisition (Elzner, et al) $1,361,281.00 Acquisition $ 6,511.76 Closing Cost $1,367,792.76 FIN 2-55 Revised 7/31/69 J)3t31)153.41 7/a-2-lg� Corpus Christi, Texa 504 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 CORPUS CHRISTI, TEXAS The above ordinance was passe .4 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 19418