The URL can be used to link to this page

Home My WebLink About19436 ORD - 08/12/1986AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISICHRISTIION OF BEACHPROJECT; APPROPRIATINL 327 IN G WITHCTION 40,492; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. documents necessary Corpus Christi Beach of which is attached SECTION 2. Bond Fund. That the City Manager be authorized to execute the for the acquisition of Parcel 327 in connection with the Project, Project No. 291-84-44-001-01, a substantial copy hereto and made a part hereof, marked Exhibit "A." That there is hereby appropriated $40,492 out of the Park 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 Corpus Christi Beach 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 12th day of August, 1986. ATTEST: APPROUED:S 7 DAY OF AUGUST, 1986 City Attorney 08P.056.01 MAYO THE CIT OF CORPUS CHRISTI, TEXAS 19436 MICROFILMED Corpus Christi Beach Park Sites (North Beach) Parcel 327 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS X COUNTY OF NUECES This memorandum of agreement made and entered into by and between Fiesta Del Sol, Inc., a Texas Corporation, hereinafter called Seller(s), of the County of Nuecea, State of Texas, and the City of Corpus Christi, hereinafter called Buyer, of the County of Nueces, State of Texas, W ITNESSET 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: Lot 11 and North 10 feet of Lot 9, Block 411, Brooklyn Addition, an addition to the City of Corpus Chrsti, Texas. Ac- cording to plat recorded in Volume "A", Pages 30-32, Map Records, Nuecea County, Texas. Page 1 of 5 80.E 2. The purchase price is Forty Thousand Dollars and no cents.... (840,000.00). 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. 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(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 92,000.00 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 an liquidated damages for the breach of this contract, or may at their option, enforce specific per- formance hereof. When the executed deed end 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" Corpus Christi Beach Park Sites (North Beach) Parcel 327(Fiesta Del Sol, Inc.) 2 procedure. In the event Beller(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 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 Beller(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 Set out wi11 bind either party. "Real Estate Sales Contract" Corpus Christi Beach Park Sites (North Beach) Parcel 327(Fiesta Del Sol, Inc.) 3 EXECUTED in triplicate, either copy of which shall constitute an original, on this day of 198_ FIESTA DEL SOL, INC. E. E. Hogan, President' SELLER ATTEST: CITY OF CORPUS CHRISTI, TEXAS By City Secretary Craig A. McDowell, City Manager BUYER APPROVED AS TO LEGAL FORM THIS DAY OF , 198_. APPROVED: HAL GEORGE, CITY ATTORNEY By: James K. Lontos, P.E. City Attorney Assistant City Manager THE STATE OF TEXAS 1 COUNTY OF NUECES 1 This instrument was acknowledged before me on 198 by E. E. Hogan, President of Fiesta Del Sol, Inc., a Texas Corporation, on behalf of said corporation. Notary Public in and for the State of Texas (NOTE: please print, stamp or type notary name + expiration date below) THE STATE OF TEXAS 1 COUNTY OF NUECES 1 This instrument was acknowledged before me on 198 by Craig A. McDowell, 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, stamp or type notary name + expiration date below) "Real Estate Sales Contract" Corpus Christi Beach Park Sites (North Beach) Parcel 327 4 STATE OF TEXAS COUNTY OF NUECES I, JERE WALKER ROOAN, Secretary of Fiesta Del Sol, .Inc., a Corporation duly incorporated and doing business under the laws of the State of Texas, do hereby certify that the following is a true and complete copy of the Resolution adopted by the Corporation at the Special Called Meeting of the Board of Directors of the Corporation held on the 15th day of July, 1986, to wits RESOLVED, that EDWARD E. HOGAN, President and JERE WALKER HOGAN, Secretary, aro hereby authorized to sell the following described property now owned by FIESTA DEL SOL, INC., for the pride of Forty Thousand Dollars ($40,000) oath, and to execute such papers as may be necessary to sell such land, property being described as follows: Lot 11 and North 10 feet of Lot 9, Block 411, Brooklyn Addition, ad addition to the City of Corpus Christi, Texas. According to plat recorded in Volume "A", Pages 30-32, Map Records, Nueoes County, Texas. IN WITNESS WHEREOF, I have hereunder subscribed my name and cause the seal of said Corporation to be affixed hereto, this 15th day of July, 1986. ,1� In_gJ,A 'f"vI—/ Jer Walker Hogan to Vi -President & Secretary- CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) August 11, 1986 I certify to the City Council that $ 40,492.00 , 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 291 Park Bond Fund Project No. 291-84-44-001-01 Project Name Corpus Christi Beach from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • Parcel 327 (Fiesta Del Sol) acquisition $40,000 closing costs $ 492 $40,492 FIN 2-55 Revised 7/31/69 7/19 /go /8a9G91.8� d , 19 V S Dir or of Fi Corpus Christi, Texas Pa day of , 198(0 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 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 19436