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HomeMy WebLinkAbout19564 ORD - 12/09/1986AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 71 IN CONNECTION WITH THE NAVY CLEAR ZONES-CABANISS LAND ACQUISITION PROJECT; APPROPRIATING $758,500; 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 71 in connection with the Navy Clear Zones-Cabaniss land acquisition project, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $758,500 out of the No. 247 Airport Hazard Elimination 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 Navy Clear Zones land acquisition project, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or res lutions at three regular meetings so that this ordinance is pa d and shall tale effect upon first repIing as an emergency measure this the day of l ATTEST: ty Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVEDV DAY OFZd-�P .�t1-( ,� 19 1 HAL GEORGE, CITY ATTORNEY By Assistant Cit J 7 orney 09P.167.01. 19564 MICROFILMED NAVY CLEAR ZONES Parcel 71 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS $ COUNTY OF NUECES § This memorandum of agreement made and entered into by and be- tween ANNASTAZIE S. NEMEC [also know as Annastazie S. Kennedy], In- dividually, LILLIE NEMEC [also know as Ludmila Jurica], FRANCES NEMEC KASPER, EDWARD NEMEC, EMIL NEMEC, FRED JAMES NEMEC, Individually and as Agents and Attorneys In Fact for MARGARET NEMEC KURESKA, AGNES NEMEC WADE, GILBERT NEMEC, Independent Executor of the Estate of JAMES F. NEMEC, Deceased, and Trustee of the Testamentary Trust created under the Last Will and Testament of JAMES F. NEMEC, EVELYN HAVELKA LOVELL, IRENE HAVELKA ASHLEY, LOUIS HAVELKA, EMIL HAVELKA, JOHN L. NEMEC, ELIZABETH ANN NEMEC RUNTE, PATRICIA ROSE NEMEC, JOE ROBERT NEMEC, BENJAMIN LEE NEMEC, ANNA MARIE NEMEC, RICHARD WAYNE NEMEC, GENEVA N. NEMEC STRMISKA, ALZBETA NEMEC PETRU [Also known as Betty Nemec Petru], HELEN NEMEC BARTOS (Also known as Helen Nemec Bartosh], and MARY NEMEC [Also known as Mary Zdansky Nemec], of the County of Nueces and State of Texas, hereinafter called SELLERS and the CITY OF CORPUS CHRISTI, TEXAS 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[s] to sell and convey unto Buyer, and Buyer agrees to buy the following described property situated in Nueces County, Texas, to -wit: Page 1 of 9 „P, Field notes for a 73.758 acre tract of land out of Lot 2, Section 14, Bohemian Colony Lands, as shown by map of record in Volume A, Page 48, Map Records, Nueces County, Texas, said 73.758 acre tract being more particularly described by metes and bounds as follows: Beginning at the most southerly corner of said Lot 2, in the centerline of Ayers Street (Chapman Ranch Road); Thence N.61°29'58"W., with the southwest boundary line of said Lot 2, a distance of 50.0 feet to a 5/8" iron rod in the northwest right of way line of said Ayers Street for the most southerly and beginning corner of the tract herein described; Thence continuing N.61°29'58"W., with the southwest line of said Lot 2, a distance of 2,590.89 feet to a 5/8" iron rod for the common corner of Lots 3, 6 and 7, said Section 14, and for the most westerly corner of said Lot 2, and the most westerly corner of the tract herein described; Thence N.29°02'02"E., with the northwest boundary line of said Lot 2, a distance of 1,320.10 feet to a 5/8" iron rod set 15" deep for the most northerly corner of said Lot 2, and the most northerly corner of the tract herein described; Thence S.61°29'58"E., with the northeast boundary line of said Lot 2, a distance of 1,957.75 feet to a 5/8" iron rod in the most westerly corner of Block 2, Saratoga Industrial Place Unit 2, as shown by map of record in Volume 45, Page 19, Map Records, Nueces County, Texas, for the northeasterly corner of the tract herein described; Thence S.29°02'33"W., with the southwesterly extension of the southeast right of way line of Robertson Drive in said Saratoga Industrial Place Unit 2, a distance of 233.34 feet to a 1" iron pipe for an interior corner of the tract herein described; Thence S.45°01'51"E., a distance of 657.71 feet to a 1" iron pipe in the northwest right of way line of said Ayers Street for the most easterly corner of the tract herein described; Thence S.28°59'22"W., with the northwest right of way line of said Ayers Street, a distance of 900.41 feet to the point of beginning. Containing 73.758 acres if land. "Real Estate Sales Contract" NAVY CLEAR ZONES Parcel 71 [Nemec, et al] 2 2. The purchase price is Seven hundred Fifty—four thousand Five hundred Dollars and no cents [$754,500.00]. 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, save and except those mentioned in the U.S. Life Title Policy Committment Number GF134655-11 dated August 6, 1986, which policy shall wholly insure and indemnify the Buyer against any title defects or adverse claims thereto. Said title insurance 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 $35,000.00 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 as liquidated damages for the breach of this contract, or may at their option, enforce speci— fic 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 company or title guaranty company said title company will close the transaction in accordance with its usual and customary 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 "Real Estate Sales Contract" NAVY CLEAR ZONES Parcel 71 [Nemec, et al] 3 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 thirty [30] days after the approval by the City Council. Possession to be given to Buyer upon execution of "Warranty Deed" by Seller[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 thirty [30] days from the date of Seller[s] execution or this agreement shall be null and void and none of the provisions hereinabove set out will bind either party. 11. Seller[s] agree[s] to convey surface estate only and shall retain rights to all subsurface minerals. Buyer shall have the right to lease the surface for farming and retain the income generated therefrom. 12. It is understood that subject property is being purchased under the threat of eminent domain proceedings. 13. Seller[s] represent[s] that the property has been appraised and taxed for ad valorem (real estate) taxes as qualified open—space land under Section 23.51 of the Tax Code by Nueces County in 1979, and by all taxing authorities. Buyer shall be liable for any additional tax, plus interest and any penalties thereon, which may be imposed or as— sessed by all taxing authorities due to change of usage or ownership. 14. It is understood that the title company will disburse a six percent [6%] real estate commission, based on the contract sales price to Billy D. Brunson, Broker, as the real estate broker negotiating the transaction, from the seller[s]' proceeds. "Real Estate Sales Contract" NAVY CLEAR ZONES Parcel 71 [Nemec, et al] 4 EXECUTED in triplicate, either copy of which shall con- stitute an original, on this GRANTORS REPRESENTED UNDER POWER OF ATTORNEY: MARGARET NEMEC KURESKA, AGNES NEMEC WADE, GILBERT NEMEC, In- dependent Executor of the Estate of JAMES F. NEMEC, Deceased and Trustee of the Testamentary Trust created under the Last Will and Testament of JAMES F. NEMEC, EVELYN HAVELKA LOVELL, IRENE HAVELKA ASHLEY, LOUIS HAVELKA, EMIL HAVELKA, JOHN L. NEMEC, ELIZABETH ANN NEMEC RUNTE, PATRICIA ROSE NEMEC, JOE ROBERT NEMEC, BENJAMIN LEE NEMEC, ANNA MARIE NEMEC, RICHARD WAYNE NEMEC, GENEVEA N. NEMEC STRMISKA, ALZBETA NEMEC PETRU (All so known as Betty Nemec Petru), HELEN NEMEC BARTOS (Also known as Helen Nemec Bartosh), and MARY NEMEC (Also know as Mary Zdansky Nemec). "Real Estate Sales Contact" NAVY CLEAR ZONES Parcel 71 [Nemec, et al] day of , 198 . f M .C1 O ANNANASTAZIE NEMEC (so known as Annastazie S. Kennedy) LILLIE NEMEC (Also known Ludmila Jurica), Individ lly and as Agent and Attorney In Fact for the Grantors hereinbe- fore identified as being repre- sented under Power of Attorney 42-^7, � FRANCES NEMEC KASPER, Individw'- ally and as Agent and Attorney In Fact for the Grantors herein- before identiied as being re- presented under Power of Attorney EDWARD NEMEC, Individually and as Agent and Attorney In Fact the Grantors hereinbefore iden- tified as being represented under Power of Attorney EMIL NEMEC, Individually and as Agent and Attorney In Fact for the Grantors er,einbefore indentified as bei represented under Power of At orney "FRED JAME NEMEC, Indi "dually and as Agent and Attofney In Fact for the Grantors hereinbefore identified as being represented under Power of Attorney 5 ATTEST: ARMANDO CHAPA, CITY SECRETARY By: CITY SECRETARY By: CITY OF CORPUS CHRISTI, TEXAS Craig A. McDowell, City Manager BUYER APPROVED AS TO LEGAL FORM THIS THE ] ��f- DAY OF `�.�ulILLC/, 190L . HAL GEORGE, CITY ATTORNEY By: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 1986 by Craig A. McDowell, City Manager of the City Christi, Texas, a municipal corporation, on behalf of said municiOrpus pal corporation. Notary Public in and for the State of Texas "Real Estate Sales Contract" NAVY CLEAR ZONES Parcel 71 [Nemec, et al] [NOTE] [please print, type or stamp name and ex— piration date of notary below each notary] • THE'STATE OF TEXAS § COUNTY OF NUECES § This instrument F as acknowledged before me on the //7/!I day of )7B A L449,1986 by ANNASTAZIE S. NEMEC (also known as Annastazie S. Kennedy). Notary Public and in aazljd for the State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § VIRGIL F. VITEK COMMISSION EXPIRES 9 . � 8 This instrumen was acknowledged before me on the % 7 day of 1/ by LILLIE NEMEC (also known as Ludmila Jurica), Individually and as Agent and Attorney In Fact for the Grantors here- inbefore identified as being represented under Power of Attorney, and in the capacity therein stated. 1/ Notary Public in -a777 -1/ d for the State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § VIRGIL F. VITEK COMMISSION EXPIRES 9 This instru ent was acknowledged before me on the /J day of f%G✓ , 1986 by FRANCES NEMEC KASPER, Individually and as Agent and Attorney In Fact for the Grantors hereinbefore identified as being represented under Power of Attorney and in the capacity therein stated. Notary Publ c in and for the State of Texas •;.iGIL F. VITEK COMMISSION EXPIRES---FfLif "Real Estate Sales Contract" NAVY CLEAR ZONES Parcel 71 [NOTE] [Please print, type or stamp name and ex- piration date of notary below each notary] 7 THE.STATE OF TEXAS § COUNTY OF NUECES § This was acknowledged before me on the /77Y -171 -ay of , 1986 by EDWARD NEMEC, Individually and as Agent and Attorney In Fact for the Grantors hereinbefore indentified as being represented under Power of Attorney and in the capacity therein stated. Notary PublicTexas THE STATE OF TEXAS § COUNTY OF NUECES § This instrume t was acknowledged before me on the /73L -day of 1986 by EMIL NEMEC, Individually and as Agent and Attorney In Fact for the Grantors hereinbefore identified as being represented under Power of Attorney and in the capacity therein stated. in and for the State of VIRGIL F. VITEK/ COMMISSION EXPIRES 97/11/�r Notary Public in d for the State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § VIRGIL F. VITEK COMMISSION EXPIRES 9 ��fir This instru ent was acknowledged before me on the // 7� day of //uer, 1986 by FRED JAMES NEMEC, Individually and as Agent and Attorney In Fact for the Grantors hereinbefore identified as being represented under Power of Attorney and the capacity there- in stated. Notary "Real Estate Sales Contract" NAVY CLEAR ZONES Parcel 71 the State of Texas VIRGIL F. VITE COMMISSION EXPIRES 9/ g8 [Note] [Please print, type or stamp name and ex- piration date of notary below each notary] •• Surveya/- 10r 2,..5:ECT/04, /4, 801/EM/1A/ COLONY LAWDS g:ilarne /9, Rua.- /Wep,eeeerefs Nueces Coe/0y, 7e." -r q. 590 /op° ,Wed .654/A., /Le/ 2r ••••3 /eT 0,967 • 9•=-4,./ 1 2 1 2 1 4 _ • 1 ! 1 • I "Real Estate Sales Contract" NAVY CLEAR ZONES Parcel 71 [Nemec, et al] • Page 9 of 9 1 Fettl 0/ive/rar en5/...fag4ier/e., CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) December 2, 1986 I certify to the City Council that $ 758,500.00 , 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 247 Airport Hazard EJimination Bond Fund Project No. 247-82-1 Project Name Navy Clear Zones Land Acquisition from which it is proposed tb be drawn, and such money is not appropriated for any other purpose. • Parcel 71 [Nemec, et al] $754,500.00 Acquisition $ 4,000.00 Closing Costs $758,500.00 Total FIN 2-55 Revised 7/31/69 sppl,890.37 /1-13 I ,_ •' 2 Director ,A' inance Corpus Christi, Teas `X 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, MAYO 99.045.01 Council Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones / - Dr. Jack Best David Berlanga, Sr. / , Leo Guerrero /I Joe McComb // Frank Mendez Bill Pruet Of Mary Pat Slavik 41 Linda Strong / 19564