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Home My WebLink About19940 RES - 8/25/1987A RESOLUTION AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 3 IN CONNECTION WITH THE UPRIVER ROAD STREET IMPROVEMENTS PROJECT; AND APPROPRIATING $19,002. 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 3 in connection with the Upriver Road Street Improvements Project No. 561-86-20.1, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $19,002 out of the No. 561 Street Bond Fund. ATTEST: d ity Secretary :1— APPROVED:/ ='DAY OaG , 19 S'1 HAL GEORGE, CITY ATTORNEY 07P.041.01 YOR THE CITY OF CORPUS CHRISTI, TEXAS 19940 MICROFILMED REAL ESTATE SALES CONTRACT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This memorandum of agreement made and entered into by k0/4 and between E. H. FREDERICK hereinafter called SELLER, 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, for the consideration and upon the terms hereinafter set out, hereby agrees 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" UPRIVER ROAD ST IMP Parcel 3 [Frederick] Page 1 of 7 BEING a 10 foot wide strip of land out of a9.497 acre portion of the Gregorio Ferias Grant Abstract 592, in Nueces County, Texas and being further described as follows: BEGINNING at a point being South 13°23' East, 10.85 feet from the southeast corner,of Lot E, Magee Tract Annex, shown by plat in Volume 46, Page 223, Map Re- cords, Nueces County, Texas and being a point in the northwest right-of-way of Up River Road; THENCE North 13°23' West 10.85 feet to a point; THENCE North 53053'32" East 484.89 feet to'a point; THENCE South -13°58' West 10.82 feet to a point on said Up River Road right-of-way; THENCE South 53°53'32" East along said right-of-way 485.00 feet to the point of beginning and containing 0.1 acres, more or less. "Real Estate Sales Contract" UPRIVER ROAD ST IMP Parcel 3 [Frederick] Page 2 of 7 2. The purchase price is Eighteen thousand Six hundred Dollars and no cents [$18,600.00]. 3. The SELLER 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 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 agrees to deliver at the expense of BUYER a good and sufficient general warranty deed drawn in accordance with the provisions 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 up to and including the year 1986. 6. All current taxes, if any, are to be prorated between the BUYER and the SELLER 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 $1,860.00 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, "Real Estate Sales Contract" UPRIVER ROAD ST IMP Parcel 3 [Frederick] Page 3 of 7 the SELLER shall be entitled to receive said cash deposit as liquidated damages for the breach of this contract, or may at his option, enforce specific 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 fails 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 execution of the "Warranty Deed" by SELLER. 10. By SELLER'S execution hereof, SELLER acknowledges that he has read this agreement and understands that this agreement 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" UPRIVER ROAD ST IMP Parcel 3 [Frederick] Page 4 of 7 EXECUTED in triplicate, either copy of which shall constitute an original, on this the day of , 1987. Dated this the By: By: E. H. Frederick day of , 1987. S ELLE R CITY OF CORPUS CHRISTI, TEXAS Craig A. McDowell City Manager BUYER ATTEST: ARMANDO CHAPA, CITY SECRETARY Assistant City Secretary APPROVED AS TO LEGAL FORM THIS THE DAY OF By: HAL GEORGE, CITY ATTORNEY Assistant City Attorney "Real Estate Sales Contract" UPRIVER ROAD ST IMP Parcel 3 [Frederick] Page 5 of 7 , 1987. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of , 1987 by E. H. Frederick. Notary Public in and for the State of Texas THE STATE OF TEXAS 4 COUNTY OF NUECES 1f This instrument was acknowledged before me on this the day of , 1987 by Craig A. McDowell, City Manager of the City of Corpus Christi, Texas, a municipal corporation, on behalf of said municipal corporation. Notary Public in and for the State of Texas "Real Estate Sales Contract" UPRIVER ROAD ST IMP Parcel 3 [Frederick] Page 6 of 7 N 0) 1- 2 0_ 0 IdIn (0 m 1n MAGEE TRACT ANNEX Tract 3 Lot 0 0 I0 S 53°53'32" W Lot E 513°58' W 10.82' POB MAGEE TRACT ANNEX CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RIGHT OF WAY/EASEMENT ACQUISITION OWNER: DESCRIPTION. PcrraL PROJECT: 1'rrtver Road Inn. DATE: 2-10-87 SCALE 1"= 60' BY, L Q NI3°23'W 10.85' TOTAL= 9 497 Ac REMAINDER =9 386 Ac TAKING =0III Ac "Real Estate Sales Contract" UPRIVER ROAD ST IMP Parcel 3 [Frederick] Page 7 of 7 " CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) August 18, 1987 - ' �' I certify to the City Council that $ 19,002.00 . , the amount required for the contract, agreement, obligation or expenditures contemplated in the - r - 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. 561-86-20.1 Project Name Upriver Road Street Improvements from which'it is proposed to be drawn, and such money is not appropriated for any other purpose. • Parcel 3 [Frederick] $18,600 Acquisition $ 402 Closing Costs $19,002 FIN 2-55 Revised 7/31/691 nrc- s/-/ 1 99.066.01 Corpus Christi, Texas fjt day of C Lf , 1981 The above resolution was passed by the following vote: Betty N. Turner (1�(J David Berlanga, Sr. _"" lI ) Leo Guerrero a. 4 Frank Mendez LL),0 Clif Moss Q Bill Pruet (1)24 Mary Rhodes ('L` Mary Pat Sl avi k - d T Linda Strong �c 19940