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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