HomeMy WebLinkAbout19951 RES - 09/01/1987A RESOLUTION
AUTHORIZING THE EXECUTION OF A CONTRACT FOR ACQUISITION OF
LOTS 9, 10, 11 and 12, BLOCK 89, BEACH PORTION; AND
APPROPRIATING $380,495.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a
contract for acquisition of Lots 9, 10, 11 and 12, Block 89, Beach Portion with
International Longshoremen's Association Local Chapter No. 26, all as more fully
set forth in the , a substantial copy of which is attached hereto and made a
part hereof, marked Exhibit "A."
SECTION 2. That there is hereby appropriated $380,495 from the Water
Fund.
ATTEST:
Ci y Secretary
APPROVED: Z / QDAY OF August, 1987
HAL GEORGE, CITY ATTORNEY
08P.030.
AYOR
THE CI Y OF CORPUS CHRISTI, TEXAS
19951 MICROFILMED
City of Corpus Christi, Texas
Property and Land Acquisition Division
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 and
between the INTERNATIONAL LONGSHOREMEN'S ASSOCIATION LOCAL NO. 26,
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 I T N E S SET 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:
Lots Nos. Nine (9), Ten (10), Eleven (11), and Twelve
(12), Block Eighty-nine (89), of the BEACH PORTION to the
City of Corpus Christi, Nueces County, Texas, as shown by
the map or plat thereof, recorded in Volume A, Page 3, Map
Records of Nueces County, Texas, SAVE AND EXCEPT a strip
of land off the West portion of said Lot No. 9, conveyed
to the City of Corpus Christi, which strip is described as
follows:
BEING a triangular piece of land off of the West end of
Lot No. 9, Block 89, of the Beach Portion of said City of
Corpus Christi, and beginning at the Southwest corner of
said Lot No. 9, thence in a Northerly direction along the
West line of said Lot No. 9 to the Northwest corner of
said lot;
THENCE, in an Easterly direction 27.2 feet along the North
line of said Lot No. 9 to a point for corner;
"Real Estate Sales Contract"
BAYFRONT SCIENCE PARK AREA
Parcels 20,21 [Longshoreman's]
Page 1 of 5
THENCE, in a Southwesterly direction 57.0 feet in a
straight line to THE POINT OF BEGINNING at the Southwest
corner of said Lot No. 9, such strip having been
heretofore conveyed to the City of Corpus Christi on
November 18, 1929, by Florencio Riveria by Deed recorded
in Volume 198, Page 71, Deed Records of Nueces County,
Texas, to which reference is here made for all purposes.
2. The purchase price is Three Hundred Eighty Thousand
Dollars and no cents ($380,000.00).
3. The SELLER shall provide, at SELLER expense, 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 claimd 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 Ten Thousand Dollars
($10,000.00) as earnest money hereunder to be applied on the cash
payment above set out when the transaction is closed, at which time
"Real Estate Sales Contract"
BAYFRONT SCIENCE PARK AREA
Parcels 20,21 [Longshoreman's]
—2—
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, 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 £ails: to tender a deed
conveying said property in accordance with the terms of the contrabt
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 titlesubject 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 September 30, 1987. Possession
to be given to BUYER on or before February 1, 1988, with SELLER
agreeing to pay $250.00 per month rent or a pro rata portion thereof
for a fractional month to date of move out. i
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
the ILA Board of Directors and executed by the City Manager of the
City of Corpus Christi, Texas. It is further understood, however,
"Real Estate Sales Contract"
BAYFRONT SCIENCE PARK AREA
Parcels 20,21 [Longshoreman's]
that BUYER must execute this agreement on or before September 25,
1987, or this agreement shall be null and void and none of the
provisions hereinabove set out will bind either party.
11. SELLER agrees to pay Berney Seal a commission in cash
equal to Three Percent (3%) of the total selling price of subject
property for negotiating this contract.
EXECUTED in triplicate, either copy of which' shall
constitute an original, this the _ day of
INTERNATIONAL
. By:
S ASSO
1987.
ON LOCAL NO. 26 ,,
Joe Galan, Jr.
Business Agent
"Dated this the 07/ day of /4,29G/
,
By:
By:
SELLER
CITY OF CORPUS CHRISTI, TEXAS,
Craig A. McDowell
City Manager
BUYER
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
Assistant City Secretary
, 1987.
APPROVED AS TO LEGAL FORM THIS THE pd day of Aaq us % , 1987.
HAL GEORGE, CITY ATTORNEY //
By:
Lstant City At orney
"Real Estate Sales CcAtract"
BAYFRONT SCIENCE PARK AREA
Parcels 20,21 [Longshoreman's]
-4-
.--THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the
day of �t , 1987, by Joe Galan, Jr.,
as Business Agent for International Longshoremen's Association Local
No. 26.
Notary Public in and for the Sta of Texas
yrOCCLAI1-4 C.T. —16 CF.P
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument
day of
was acknowledged before , me on this the
1987r 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"
BAYFRONT SCIENCE PARK AREA
Parcels 20,21 [Longshoreman's]
Page 5 of 5
CITY OF CORPUS CHRISTI, TEXAS
CER[IFICATION OF FUNDS
(City Charter Article IV Section 21)
August 25, 1987
I certify to the City Council that $ - 380,495.00 ; 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 Water
Fund
Project No. 141 — 600 - — Ooa
Project Name Bayfront Science Park
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
Acquisition $380,000
Closing Costs 495
$380,495
I.L.A.
FJHS
!W. 1-PJ.4,?"11-4415
Dfr(AL .P #44UNI Gfcs
a0501,cir T° lit
FIN 2-55
Revised 7/31/69
G
Corpus Christi, Texas
i Xusday of
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
R
THE CITY OF CORPUS CHRISTI, TEXAS
4(A.,,,e,/
The above ordinance was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero a../
Frank Mendez
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
99.045.01
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