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HomeMy WebLinkAbout19859 ORD - 07/21/1987A RESOLUTION AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 8 IN CONNECTION WITH THE AIRLINE ROAD STREET IMPROVEMENTS; AND APPROPRIATING $19,437. BE IT RESOLVED 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 8 in connection with the Airline Road (Street Improvements, Project No. 561-86-10.1, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SEDITION 2. That there is hereby appropriated $19,437 out of the 561 Street Bond Fund. ATTEST: City Secretary MOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED:/3gDAY OF HAL GEORGE, CITY ATTORNEY By Assistant Ci / torney 06P.046.01 , 19k7 39859 MICROFILMED REAL ESTATE SALES CONTRACT THE STATE OF TEXAS X COUNTY OF NUECES This memorandum of agreement made and entered into by and between Airline -Wooldridge Joint Venture hereinafter called Selier(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 Selier(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 2 "Real Estate Sales Contract" Airline Road St Imp -Holly to Wooldridge Parcel 8 [Airline -Wooldridge Joint Ven] Page 1 of 8 Being an irregular tract of land out of Lot 1, Block 4, Airline Subdivision Unit 4 as shown by plat in Volume 49, Page 109, Map Records, Nueces County, Texas and further described as follows: Beginning at the northeasterly corner of the intersection of Airline Road and Wooldridge Road, the southwesterly corner of said Lot 1; Thence North 2 degrees 28 minutes 35 seconds East, along the eastern Airline Road right-of-way,, 300 feet; Thence South 1 degree 08 minutes 23 seconds West, 285.159 feet to a point of curvature of a circular curve concave to the northeast which has a central angle of 62 degrees 06 minutes 33 seconds, a Radius of 10 feet, a tangent distance of 6.20 feet and an arc length of 10.84 feet; Thence South .60 degrees 58 minutes 10 seconds East, 131.884 feet; Thence South 55 degrees 43 minutes 55 seconds East, 120.503 feet; to a point on the southerly line of said Lot 1; Thence North 60 degrees 58 minutes 10 seconds West along the northern Wooldridge Road right-of-way, a distance of 260 feet to the point of beginning and containing 0.0738 acres, [3,212.99 S.F.], more or less. "Real Estate Sales Contract" Airline Road St Imp -Holly to Wooldridge Parcel 8 [Airline -Wooldridge Joint Ven] Page 2 of 8 2. The purchase price is Nineteen thousand Dollars and no cents [$19,000.00]. 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, 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. 5. All taxes to be paid by Selier(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 $1,000.00 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 "Real Estate Sales Contract" Airline Road St Imp -Holly to Wooldridge Parcel 8 [Airline -Wooldridge Joint Ven] Page 3 of 8 snail 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 -Holly to Wooldridge Parcel 8 [Airline -Wooldridge Joint Ven] 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 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 -Holly to Wooldridge Parcel 8 [Airline -Wooldridge Joint Ven] Page 5 of 8 EXECUTED in triplicate, either copy of which shall constitute an original, on this the day of , 19_ AIRLINE-WOOLDRIDGE JOINT VENTURE Mark A. Vickery, Managing General Partner - SELLER: ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Craig A. McDowell, City Manager APPROVED AS TO LEGAL FORM THIS THE DAY OF , 198 . HAL GEORGE, CITY ATTORNEY By: Assistant City Attorney "Real Estate Sales Contract" Airline Road St Imp -Holly to Wooldridge Parcel 8 [Airline -Wooldridge Joint Ven] Page 6 of 8 BUYER THE STATE OF TEXAS 4 'COUNTY OF NUECES § This instrument was acknowledged before me on this the day of , 1987 by Mark A. Vickery Managing General Partner of Airline -Wooldridge Joint Venture. Notary Public in and for the State of Texas THE STATE OF TEXAS 111111 COUNTY OF NUECES U111f li [NOTE] [please print, type or stamp name + expira- tion date of notary below.] This instrument was acknowledged before me on this the day of , 1987 by Craig A. McDowell, City Manager for the City of Corpus Christi, Texas, a municipal corporation, on behalf of said municipal corporation. Notary Public in and for the State of Texas [NOTE] [Please print, type or stamp name and ex- piration date of notary be- low each no- tary.] "Real Estate Sales Contract" Airline Road St Imp -Holly to Wooldridge Parcel 8 [Airline -Wooldridge Joint Ven] Page 7 of 8 TAKING 3,212.99 S,F. REMAINING 365, 513.01 S.F. AIRLINE SUBDIVISION UNIT 4 LOT I, BLOCK I CURVE DATA' • 62°06'33• R • 10' L • 10.8 4' T • 6.02' S 1° 08' 23 W 285.159' W N 2° 28' 35° E 300' AIRLINE ROAD AREA• 0.0738 ACRES z OF (0 �_ ca N O F — Uw G co 1-W F- N Z 4- z Lu 52��0 uw0. M LL j Q O w w w as W2, 0 ac 0 w a 3d)) a CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) July 21, 1987 I certify to the City Council that $ 19,437.00 , 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 Project No. ' Project Name 561 Street Bond Fund 561-86-10.1 Airline Road Street Improvements from which it is proposed to be drawn, and• such money is not appropriated for any other purpose. • ,; -Parcel 8 [Airline -Wooldridge Joint Venture] • $19,000 acquisition $ 437 closing costs $19,437 FIN 2-55. Revised 7/31/69 ,a17, 976 9/ /116- '7/1/v7 /ZI2LL. 1/1/17 Corpus Christi, Texas 02� day of The above resolution was passedby the following vote: /� Betty N. Turner (int David Berlanga,, Sr. U Leo Guerrero n Frank Mender (�1, = 4 • Clif Moss C2 Bill Pruet'`; Mary Rhodes Mary Pat Slavik 64a10 Linda Strong 19859 99.066.01 , 1987