HomeMy WebLinkAbout19516 ORD - 10/07/1986TEXAS:
AN ORDINANCE
`AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF PARCEL 3 IN CONNECTION WITH THE SOUTH BLUFF
PARK EXPANSION PROJECT; APPROPRIATING $30,735; 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 3 in connection with the South
Bluff Park Expansion Project, a substantial copy of which is attached hereto and
made a part hereof, marked Exhibit "A."
SECTION 2. That there is hereby appropriated $8000 out of the llth
Year CDBG Fund No. 162-152-807.09-502, $22,603 from the Park Bond Fund
291-77-7.1 and Park Trust Fund -Unrestricted No. 111-000-241.01 for a total
appropriation of $30,735 applicable to Project No. 291-77-7.1.
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 South Bluff Park 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
resol tions at three regular meetings so that this ordinance is pas and shall
ta ffct upon first reading as an emergency measure this the day of
, 1986.
ATTEST:
Cit ecretary MAYO
APPROVED:21KDAY OF.574, 1986
Cftyy
09P.049.01
THE CI Y OF CORPUS CHRISTI, TEXAS
19516 MICROFILMED
SOUTH BLUFF PARK EXPANSION (l979 -p)
Parcel 3
REAL ESTATE SALES CONTRACT
TIIE STATE OF TEXAS X
COUNTY OF NUECES 1
This memorandum of agreement made and entered into by and between
Consuelo Natus Dixon and Estrella D. Garcia,
hereinafter called Seller(s), of the County of Nueces, State of Texas,
and the City of Corpus Christi, hereinafter called Buyer, of the Comely
of Nueces, State of Texas,
W T T N P. S S E T H:
1. The Seller(s), for 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 to Nueces
County, Texas, to -wit:
See: Page 2
Page 1 of 6
$eing a part of Block No. Nine (9) of Chamberlain's
Subdivision to the City of Corpus Christi, Texas, map of
which is of record in Volume "A", page 16, Map Records
of Nueces County, Texas, to which reference is
here made for all pertinent purposes, and described by
metes and bounds as follows, to -wit:
BEGINNING at a point on the Western boundary line of said
Block Nine (9) and the Eastern boundary of King Street,
one hundred (100) feet in a Southerly direction from the
Northwest corner of said Block Nine (9) for the
Southwest corner of this tract;
THENCE in an Easterly direction parallel with the North
line of said Block Nine (9), a distance of seventy-five
(75) feet to a point for the Southeast corner of this tract;
THENCE in a Northerly direction parallel with the West line of
said Block Nine (9), a distance of forty (40) feet for the
Northeast corner of this tract;
THENCE in a Westerly direction parallel with the South line
of this tract, seventy-five (75) feet to a point on the
West line of said Block Nine (9), which point is sixty
(60) feet in a Southerly direction from the Northwest corner of
said Block Nine (9);
THENCE in a Southerly direction along the Eastern line of
King Street and the Western line of said Block Nine (9),
Forty (40) feet to the place of beginning,, being a lot
forty (40) feet wide fronting on King Street and extending
back between parallel lines, a distance of Seventy-five (75)
feet.
"Real Estate Sales Contract"
SOUTH BLUFF PARK EXPANSION
Parcel 3 (Dixon/Garcia)
2
2. The purchase price is Thirty thousand Dollars and no cents
(630,000.00).
3. The Seller(e) shall provide at the expense of Buyer, a title
insurance policy, without oxceptiona to said title being made in said
title policy, which policy shell 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 62000 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 cosh 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"
Parnol 3(Dixon%Carcxi ANSION 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 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) dayq from this date. Ibssession to
be given to Buyer upon execution of "Warranty Deed" by
Seller(s).
10. By Beller(s) execution hereof, Beller(a) acknowledge(s) that
he (she) (they) have read thio 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 in further understood, however, that Buyer must execute
this agreement within sixty (60) days from the date of Seller(e)
execution or this agreement shall be null and void and none of the
provisions hereinabove set out will bind either party.
11. Save and except, however, that the Grantor herein expressly
reserves, and is hereby expressly agreed and understood that they shall
have, for themselves, the full possession, use and benefit of the above
described land and premises, during their natural lives; provided
however in the event Grantors cease occupancy of the premises, then
the life estate created hereby shall terminate and Grantee shall be
entitled to immediate possession thereof.
12. The buyer will also pay relocation expenses of $300.00 to
transport all personal property to the new location.
"Real Estate Sales Contract"
SOUTH BLUFF PARK EXPANSION
Parcel 3(Dixon/Garcia)
4
EXECUTED in triplicate, either copy of which shall constl lute an
original, on this day of 198
�17[' o0 1
�2uCG' -g CL L.(J� .�fa"L (61,
Consuelo Natus Dixon
ATTEST:
APPROVED:
By:
S ELLE RSSrella B.Carcia,
CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary
James K. Lantos, P.E.
Assistant City Manager
TUE STATE OF TEXAS J
COUNTY OF NUECES 1
.BUYER
APPROVED AS TO LEGAL FORM THIS 1"
DAY OF Atrr. , 1986.
NAL GEORGE, CITY ATTORNEY
By:
y Att.rnay
BAPAn ri
This instrument was acknowledged before me on 5i+u1 __2,2L12
198j, by Consuelo Natus Dixon.
(Adet.au(..1
Notary Public in and for Lhe State of Texas
(NOTE: please print, stamp or type notary
name + expiration date below)
TUE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on S LL y J S"
198_k by Estrella B. Garcia.
-Notary blic in and for the State of Texas
(NOTE: please print, stamp or type notary
name + expiration dote below)
"Real Estate Soles Contract"
SOUTH BLUFF PARK EXPANSION
Parcel 3(Dixon/Garcia)
5
TILE STATE OF TEXAS X
COUNTY OF NUECES X
This instrument was acknowledged before
me on 198_ by
Craig A. McDowell,
0
City Manager for the City of Corpus Christi,
Texas, a municipal corporation, on behalf of
said municipal corporation.
Notary Public in & for the State of Texas
(NOTE: please print, type, or stamp name
+ expiration date of notary below)
"Real Estate Sales Contract"
SOUTH BLUFF PARK EXPANSION
Parcel 3(Oixon/Garcla)
Page 6 of 6
0
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
October 7, 1986
I certify to the City Council that $ 30,735
, 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
Project No.
Park Trust Fund -Unrestricted ($132)
llth. Year C.D. Block Grant ($8,000)
291 Park Bond Fund ($22.603)
111-000-241.01 162-152-807.09-502
291-77-7.1
Project Name South Bluff Park Expansion
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose. •
Acquisition $30,000
Closing $ 435
Relocation $ 300
$30,735
(Parcel 3)
[Dixon -Garcia]
9-a3 , 19 '
34,. yo /l 1 •CO3d' 51,3J41, Dir or •f EzLce
- .ef•mss—
T1a3/‘
FIN 2-55
/ Revised 7/31/69
4,u CD3 SY
Corpus/Christi, Tex
/4` day of , 1984
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,
414";'
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
99.045.01
Council Members
The above ordinance was passed .y the following vote:
i
Dr. Jack Best /Z.
David Berlanga, Sr. //�
Leo Guerrero �/
Joe McComb ,
Frank Mendez /
Bill Pruet t'
Mary Pat Slavik /
Linda Strong /
Luther Jones
19516