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
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590 /op°
,Wed .654/A.,
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• 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