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Home My WebLink About19768 ORD - 05/21/1987AN ORDINANCE AUTHORIZING ACQUISITION OF PARCEL 3 IN CONNECTION WITH THE AIRLINE ROAD STREET IMPROVEMENTS; APPROPRIATING $5,188; 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 3 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 $5,188 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 passnd shall take effect upon first reading as an emergency measure this the Cf day ofd , 19 q.7 . ATTEST: City Secretary " MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: ?/SL DAY OF GCL , 19 S17 HAL GEORGE, CITY ATTORNEY By Assistant Ci torney 05P.100.01 19768 .:1IIC OFILMED REAL ESTATE SALES CONTRACT THE STATE OF TEXAS X COUNTY OF NUECES 1 This memorandum of agreement made and entered into by and between Ledford -Cheek, Inc. 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 3 [Ledford -Cheek] Page 1 of 8 46-4 4 g 7 Being a 10 foot wide strip of land out of Lot 2, Block B, Airline Subdivision, as shown by plat in Volume 12, Page 18, Map Records, Nueces County, Texas, and further described as follows: Beginning at a point being the southwesterly corner of said Lot 2 and being North 2 degrees 29 minutes 00 seconds East, 61.91 feet from the northeast corner of the intersection of Airline Road and Lyons Street; Thence North 2 degrees 29 minutes 00 seconds East along the eastern Airline Road right-of-way, 61.91 feet; Thence South 60 degrees 55 minutes 00 seconds East, 11.18 feet; Thence South 2 degrees 29 minutes 00 seconds West, 61.91 feet; Thence North 60 degrees 55 minutes 00 seconds West, 11.18 feet to the point of beginning and containing 0.0142 acres, more or less. "Real Estate Sales Contract" AIRLINE ROAD ST IMP Parcel 3 [Ledford -Cheek] Page 2 of 8 2. The purchase price is Four thousand Nine hundred Dollars and no cents [$4,900.00]. 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, Selier(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. 1986. 5. All taxes to be paid by Selier(s) up to and including the year 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 $490 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 3 [Ledford -Cheek] Page 3 of 8 shall alio'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 ti=e 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, anplicable 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 executionof"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" AIRLINE ROAD ST IMP Parcel 3 [Ledford -Cheek] Page 4 of 8 greement is not binding on Buyer until properly authorized by the City 'Council and executed by the City Manager of ;he City of Corpus Christi, Teras. It is f rrther understood, however, that Buyer must execute this 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 party. "Real Estate Sales Contract" AIRLINE ROAD ST IMP Parcel 3 [Ledford -Cheek] Page 5 of 8 EXECUTED in triplicate, either copy of which'shall constitute an original, on this the day of , 19_ LEDFORD-CHEEK, INC. Wes Ledford SELLERS Diane Cheek ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF , 198 HAL GEORGE, CITY ATTORNEY By: Assistant City Attorney "Real Estate Sales Contract" AIRLINE ROAD ST IMP Parcel 3 [Ledford -Cheek] Page 6 of 8 Craig A. McDowell, City Manager BUYER THE STATE OF TEXAS 5 COUNTY OF DALLAS 3 This instrument was acknowledged before me on , 198 by Wes Ledford. Notary Public in and for the State of Texas THE STATE OF TEXAS 4 COUNTY OF NUECES § This instrument was acknowledged before me on , 1986 by Diane Cheek. Notary Public in and for the State of Texas [NOTE] [please print, type or stamp name and ex- piration date of notary below each notary] "Real Estate Sales Contract" AIRLINE ROAD ST IMP Parcel 3 [Ledford -Cheek] Page 7 of 8 •oo Z010'0 II3UV CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING a PHYSICAL DEVELOPMENT. RIGHT OF WAY/EASEMENT ACOUISITION OWNER: LEDFORD- CHEEK, INC. DESCRIPTION • PARC EL no 3 PROJECT. AIRLINE RD. IMPR. DATE 12-8-86 SCALE. I" = 20' NGBY "Real Estate Sales Contract" AIRLINE ROAD ST IMP Parcel 3 [Ledford -Cheek] 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 $ 5,188.00 • 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 3 [Ledford -Cheek] $4,900 acquisition - $ 288 closing costs $5,188 FIN 2-55 - Revised 7/31/69 - 5-1 D) 58 ,�` 61g1 Corpus Christi, Texas 44—day of ,1986 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 MAY R THE CIT OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Betty N. Turner �Q David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes ,Mary PatNSlavik Linda Strong 19'768