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Home My WebLink About19767 ORD - 05/21/1987O AN ORDINANCE AUTHORIZING ACQUISITION OF PARCEL 1 IN CONNECTION WITH THE AIRLINE ROAD STREET IMPROVEMENTS; APPROPRIATING $78,070; 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 1 in connection with the Airline Road Street Improvements, Project No. 561-86-10.1, 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 $78,070 from the 561 Street 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 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 at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the G�'�-k- day of , 19 V. . ATTEST: City Secretary APPROVED: 2(t DAY OF V , 19e97 HAL GEORGE, CITY ATTORNEY 05P.097.01 THE CITY OF CORPUS CHRISTI, TEXAS 19767 MICROFILMED REAL ESTATE SALES CONTRACT THE STATE OF TEXAS X COUNTY OF NUECES This memorandum of agreement made and entered into by and between GULFWAY SHOPPING CENTER, a partnership, hereinafter called Seller(s), of the County of Nueces, State of Texas, and the City of Corpus Christi, 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: See Page No. 2 "Real Estate Sales Contract" AIRLINE ROAD ST IMP Parcel 1 Page 1 of 8 Being an irregular shaped tract of land out of Lot 8, Section 12, Flour Bluff and Encinal Farm and Garden Tracts as shown by plat in Volume A, Pages 41 through 43, Map Records, Nueces County, Texas, and further described as follows: Beginning at the intersection of the southerly line of the 40 foot wide U.S. Navy Railroad right of way as now established with the Easterly, line of the 60 foot wide Airline Road right of way as now established; Thence South 61 degrees 00 minutes 00 seconds East, along the Southerly line of the 40' wide U.S. Navy Railroad right of way, a distance of 24.59 feet; Thence South 2 degrees 27 minutes 00 seconds West, a distance of 104.00 feet; Thence South 7 degrees 56 minutes 01 seconds West, a distance of 125.57 feet; Thence South 2 degrees 27 minutes 00 seconds West, a distance of 700.69 feet, to the intersection of the North right of way of Meadowvista Drive as now established Thence North 87 degrees 33 minutes 00 seconds West, a distance of 10.00 feet; Thence North 2 degrees 27 minutes 00 seconds East, along the Easterly line of the 60 foot wide Airline Road right of way, a distance of 940.68 feet to the point of beginning and - containing 0.262 acres, more or less. "Real Estate Sales Contract" AIRLINE ROAD ST IMP Parcel 1 Page 2 of 8 2.. The purchase price is Seventy thousand Dollars and no tents' O [$70,000.00]. 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. 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 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 $3,500 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" AIRLINE ROAD ST IMP Parcel 1 Page 3 of 8 (2) o 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 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 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) days from this date. Possession to be given to,Buyer -upon Seller(s). execution of "Warranty Deed" by 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" AIRLINE ROAD ST IMP Parcel 1 Page 4 of 8 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 sixty (60) days from the date of Selier(s) execution or this agreement shall be null and void and none of the provisions hereinabove set out will bind either party. 11. Acquisition is for surface rights only. 12. It is hereby agreed that Seller(s) shall have the right to in- stall a thirty-five foot [35'] wide driveway with a 10' curb return radius located no closer than fifty feet [50'] to the north property line between points "A" and "B" on the attached site plan. Seller shall also be entitled to insall at least one [1] thirty-five foot [35'] wide driveway between Points "B" and "C" on the attached site plan. All other driveways between Points "C" and "D" shall be determined on the basis of use as development requires. 13. Buyer agrees to provide a survey, staked on the ground, within thirty [30] days of the execution of this contract. "Real Estate Sales Contract" AIRLINE ROAD ST IMP Parcel 1 Page 5 of 8 EXECUTED in triplicate, either copy of which shall constitute an original on this the day of , 198_ Henry Nuss Patricia P. Nuss Bill J. Brown Christy P. Brown S ELLER S ATTEST: By: Armando Chapa Craig A. McDowell City Secretary City Manager BUYER APPROVED AS TO LEGAL FORM THIS THE DAY OF , 1987. By: HAL GEORGE, City ATTORNEY Assistant City Attorney "Real Estate Sales Contract" AIRLINE ROAD ST IMP Parcel 1 Page 6 of 8 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 198_ by Henry Nuss. THE STATE OF TEXAS COUNTY OF NUECES Notary Public in and for the State of Texas This instrument was acknowledged before me on 198_ by Patricia P. Nuss. THE STATE OF TEXAS COUNTY OF NUECES X Notary Public in and for the State of Texas This instrument was acknowledged before me on 198_ by Bill J. Brown. THE STATE OF TEXAS COUNTY OF NUECES Notary Public in and for the State of Texas This instrument was acknowledged before me on 198_ by Christy P. Brown. "Real Estate Sales Contract" AIRLINE ROAD ST IMP Parcel 1 Page 7 of 8 Notary Public in and for the State of Texas 'ao Z9Z' = tl3tiV 4'040 ,b0 r z o m O 0 N 87° 33'00" W 10' CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RIGHT OF WAY/EASEMENT ACOUISITION OWNER: LICHTENSTEIN, MORRIS L. DESCRIPTION: PARCEL NO. I PROJECT: AIRLINE RD. IMPROVEMENT DATE:4-30.87 SCALE r= 4d MEADOWVISTA DR. BY 8.U. "Real Estate Sales Contract" AIRLINE ROAD ST IMP Parcel 1 Page 8 of 8 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS ,.(City Charter Article IV Section 21) I certify to the City Council that $ 78,070.00 June 2, 1987 , 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 561 Street Bond Fund Project No. • 561-86-10.1 project Name Airline Road Street Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • Parcel 1 [Gulfway Shopping Center] $70,000 acquisition[Phase I] $ 695 closing costs [Phase tI] $ 7,100 appraisal services[Phase II] $ 275 ownership reports[Phase II] $78,070 FIN 2-55- ' Revised 7/31/69.' 1) gg)657.5" ACJ 4,491 .�//o , 198? Corpus Christi, Texas of , 198 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, 99.045.01 Council Members MAYOR Q THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by Betty N. Turner /� David Berlanga, Sr. (,.�.�C9-Aao-j the following vote: Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong °1-1/1 (kezNo- 624-eira-L.L, 19767