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Home My WebLink About19669 ORD - 04/20/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 4 IN CONNECTION WITH THE CITY HALL LAND EXPANSION PROJECT; APPROPRIATING $264,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute the documents necessary for the acquisition of Parcel 4 in connection with the City Hall Land Acquisition Project, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $264,000 in the City Hall Bond Fund through transfers from the Gas Fund in the amount of $27,000, the Water Fund in the amount of $118,500 and the Wastewater Fund in the amount of $118,500, to cover acquisition, closing costs, and appraisal services. 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 of executing the abovementioned contract at the earliest practicable date, 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 passed and shall take effect upon firsreading as an 19 emergency measure this the 1.7 day of M h , ATTEST: City Secretary Av-ifuJ APPROVED: Z1 T=ODAY OF HAL GEORGE, CITY ATTORNE 03P.111.01 MAYOR f , 19 k7 HE CIT OF CORPUS CHRISTI, TEXAS 19669 MICROFILMED CITY HALL LAND EXPANSION Parcel 4 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS T COUNT? OF NCECES X This memorandum of agreement made and entered into by and between Coleman Brothers Properties 1-larr4 hereinafter called Seller(s), of the County of .:.i«, State of Texas, and the City of Corpus Christi, hereinafter called Buyer, of the County of Nueces, State of Texas, ema 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: North 19 feet of Lots 1, 2 and 3; all of Lots 11, and 12, and Tract "A"; all in Block 10; Jones Addition; an addition to the City of Corpus Christi, Texas, ac- cording to the map or plat thereof, recorded in Volume 3, Page 17, Map Records, Nueces County, Texas. Paae 1 of 6 2. The purchase price is •Two' hundred Sixty Thousand Dollars and no cents [$260,000.00]. 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. tipon the securing of the title insurance policy provided for herein, Seiler(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 Sellers) up to and including the year 1986. 6. All current taxes, if any, are to be prorated between the Buyer and the Seller(s) for the year 1987 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 $15,000 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 "Real Estate Sales Contract" CITY HALL LAND EXPANSION Parcel 4 2 shall also be paid. Should the Buyer fail to consummate this contract ds 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 ac 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 procedure. In the event Seller(s) fail(s) to tender a deed conveying sa_i property in accoruance with the terms of the contract within the t±e provided herein, the Buyer may enforce performance of this contract b, an action for s_eci'_c performance thereof. E. Buyer agrees to accept title • The =`u;/' n t e sup.,., root to aoutstanding restrictive covenants and use restrictions, ivf 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) days from this date. 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 - "Real Estate Sales Contract" CITY HALL LAND EXPANSION Parcel 4 _epent is not binding on _uyer.urtil properly authorized by the Cit C:,uncil and executed by the City Manager of the City of Corpus Christi, _..vas. It is further understood, however, that Buyer must execute thin agreement within sixty (60) 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 carry. 11. Sellers agree to convey surface estate only and shall retain rights to all sub-surface minerals. 12. Buyer agrees to accept title subject to the outstanding lease with Sears -Roebuck and Company and will collect all rents for the balance of the lease if such lease is still in force at the time of the closing of this transaction. 14. It is understood that the title company will disburse a three percent [32] real estate commission based on the contract sales price to Fred Quaile Realty Company for negotiating the transaction from the Sellers' proceeds. 14. It is understood that subject property is being purchased under the threat of eminent domain proceedings. "Real Estate Sales Contract" CITY HALL LAND EXPANSION Parcel 4 4 EXECUTED in triplicate, either copy of which shall constitute an original, on this day of , 1987. COLEMAN BROTHERS PROPERTIES Charles Coleman II, Manager SELLERS ATTEST: CITY OF CORPUS CHRISTI, TEXAS ARMANDO CHAPA, CITY SECRETARY By: By: Craig A. McDowell, City Manager CITY SECRETARY BUYER APPROVED AS TO LEGAL FORM THIS THE By: DAY OF , 1987. HAL GEORGE, CITY ATTORNEY CITY ATTORNEY "Real Estate Sales Contract" CITY HALL LAND EXPANSION Parcel 4 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of , 1987 by Charles Coleman II, Manager of the Coleman Brothers Properties, on behalf of said Coleman Brothers Pro- perties. Notary Public in and for the State of Texas [NOTE] [please print, type or stamp name + expira- tion date of notary below.] THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of , 1987 by Craig A. McDowell, City Manager of the City of Corpus Christi Christi, Texas, a municipal corpora- tion, on behalf of said municipial corporation. Notary Public in and for the State of Texas [NOTE] [please print, stamp or type name and ex- piration date or notary be- low.] "Real Estate Sales Contract" CITY HALL LAND EXPANSION Parcel 4 Page 6 of 6 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) . March 17, 1987 I certify to the City Council that $ 264,000.00 , 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 210 City Hall Bond Fund Project No. 210-83-1.1 Project Name City Hall Land Expansion from which it is proposed to be drawn, and such money is not appropriated for any -other purpose. • $260,000 acquisition 1,700 closing costs 2,300 appraisal services $264,000 [Parcel 4] FIN 2-55 Revised 7/31/69 11- 7045, DOO • DC' 3l6/0 `G e4 6 , i Director ro Finance Corpus Christi, Texas -- (1 ��{{ day of I"fGil , 1987 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 THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passe 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 19669