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Home My WebLink About19521 ORD - 10/14/1986AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 5 IN CONNECTION WITH THE BALDWIN FARMS DRAINAGE OUTFALL PROJECT; APPROPRIATING $226,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute the documents necessary for the acquisition of Parcel 5 in connection with the Baldwin Farms Drainage Outfall, Project No. 295-72-2.2, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $226,000 out of the Storm Sewer Bond Fund to supplement a prior appropriation in order to cover acquisition, closing cost, and Engineering reimbursements for this parcel and the remaining four parcels to be acquired. 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 Baldwin Farms Drainage Outfall 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 pass d.and shall t �effject upon first reading as an emergency measure this the / day of , 1986. ATTEST: Ci 1544# y Secretary MAYOR THE CI Y OF CORPUS CHRISTI, TEXAS APPROVED:c 4 DAY OF C , 1986 HAL GEORGE, CITY ATTORNEY By Assistant Cit/r orney 09P.080.01 195m MICROFILMED BALDWIN EARNS DRAINAGE OUfFALL Parcel 5 REAL ESrAIF. SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES I lhls memorandum of agreement made and entered into by and between HILL Smith hereinafter called Seller(e), of the County of Harris, State of Texna, and the City of Corpus Christi, hereinafter called Buyer, of the County of Nueces, State of Texas, N 11'N E5SE T 11: 1. The Selter(a), 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 in Nueces County, Texas, to -wit: See Page 2 Pape 1 of 6 5( • Being a tract of land out of Lot la, Block 4, J. C. Russell Farm Blocks, as shown by map of record in Volume 28, Pages 58 and 59, MapRecords, Nacres County, Texas, and m particularly described by metes and bounds an follows; Beginning at the northeast corner of said Lot la; Thence south along the east line of Lot la, a distance of 600.30 feet to a point; Thence west along o line that in 600.30 feet south of and parallel to the north line of Lot la. a distance 06 1195.26 feet to a point on the cant right of way lino of Padre Inland Drive; Thence north along the east line of Padre Island Drive, a distance of 90.30 feet to a point; Thence N. 4'05'08"E., along the east right of way of Padre Island Drive, a distance of 29.78 feet to a point; Thence 0.64'40'03"E., a distance of 163.61 feet to a point; Thence east along a line that is 550.30 feet nouth of and parallel to the north line of Lot la, a distance of 992.26 feet to a point; Thence north along a line that is 52.50 feet west of and parallel to the east line of Lot la, a distance of 550.30 feet to a point on the north line of Lot le, Thence a to along the north line of Lot la, a distance of 52.50 feet to the point of beginning and containing 2.096 acres, more or less. "Real Estate Sales Contract" BALaw1N FARMS DRAINAGE OUTFALL Parcel 5 (Smith) 2 11 2. The purchase price is Ninety one thousand One hundred Sixty-five. five Dollars and no cents ($91,165.00). 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 tax , 1f 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 hos this day deposited with the title Insurance company or title guaranty company the sum of 54.600 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 Boyer fail to consummate this contract ass herein specified for any reason, except title defects, the Seller(s) shall be entitled to receive said cash 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 Bald title company will close the transaction in accordance with its usual and customary "Real Estate Sales Contract" BALDNIN FARMS DRAINAGE OUTFALL Parcel 5 (Smith) 3 1( 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 Bayer agrees to accept title subject to all outstanding restrictive covenants and use restriction., 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 in 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 u0o11 execution of "Warranty Deed" by Beller(s). 10. By geller(s) execution hereof, Beller(a) 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 woot execute this agreement within sixty (Co) days from the date of Seller(s) execution or this agreement shall be null and void and Done of the provisions hereinabove set out will bind either party. "Real Estate Sales Contract" BALDWIN EARNS DRAINAGE OUTFALL Parcel 5 (Smith) 4 • EXECUTED in triplicate, either copy of which shall constitute an original, on this day of 198 CITY OF CORPUS CHRISTI, TEXAS Si 1 Smith Craig A. McDowell, City Manager I •y SELLER ATTEST: Armando Chopa City Secretary APPROVED: James K. Lontos, P.E. Assistant City Manager BUYER APPROVED AS TO LEGAL FORM 11115 THE �a DAY OF L �6�c 198Y. HAL GEORGE, CITY ATTORNEY By: /2w Assistant Cie Corney 111E STATE OF TEXAS 1 COUNTY OF-i1UECC5 1 11,18 instrument was acknowledged before me on 5c—eit,Mt3e7:- • 198a by B111 Smith. NotarylPublke h and fo the'Strtiof Texas 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, a municipal Corporation, on behalf of said municipal corporation. "Real Estate Sales Contract" 100101N FARMS DRAINAGE OUTFALL Parcel 5 (Smith) Notary Public in and for the State of Texas 5 Padre Ss/and Drive. earth North 1952.23. 90.30' �N ye OS' 0"E. [978' I r r.• 50 3 Y a Nor. F 350. no Soak 600• a0' CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING RIGHT OF WAY/EASEMENT ACOUISITION OWNER: B:// 3.7./0/7 DESCRIPTION' "' A/o. 6 PROJECT. /3aldlam Fawn Drama*. Outfall DATE• //g /!e4 SCALE: l""Z00' BY' AMB East 52.5' Rae. EXH/BIT A' hrea: 94321.51 3.f. 2.096 Aces Tata! ewes: 32.756 Tokvg: 2.09C. Remainder, 50.542. Acres "Real Estate Sales Contract" Page 6 of 6 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) I certify to the City Council that $ 226,000.00 October 14, 1986 - , 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 295 Storm Sewer Bond Fund Project No. 295'72-2.2 Project Name Baldwin Farms Drainage Outfall from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • Parcels 1 through 5 $212,000 Acquisition & Closing costs $ 14,000 Engineering reimbursements $226,000 FIN 2-55 Revised 7/3169 g) 1�o b;Li 1).A61 Sri) p�7 r� l o , 19 g6 4 Corpus""��Christi, Texas /4/14—day of , 194 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 C TY OF 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 99.045.01 19521