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