HomeMy WebLinkAbout20070 RES - 11/17/1987A RESOLUTION
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF PARCEL 7 IN CONNECTION WITH THE AIRLINE ROAD
STREET IMPROVEMENTS; AND APPROPRIATING $6,879.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is authorized to execute the
documents necessary for the acquisition of Parcel 7 in connection with the
Airline Road Street Improvements, Project 561-86-10.1, a substantial copy of
which is attached hereto and made a part hereof, marked Exhibit A.
SECTION 2. That there is hereby appropriated $6,879 out of the 561
Street Bond Fund.
ATTEST:
City Secretary MA
APPROVE64 DAY 0F, i&ucig4'19 S'7
HAL GEORGE, CITY ATTORNEY
204BCO28.res
THE C Y OF CORPUS CHRISTI, TEXAS
20070 MICROFILMED
City of Corpus Christi, Texas
Property and Land Acquisition Division
REAL E S TATE SAL E S CONTRACT
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES 4
This memorandum of agreement made and entered into by
and between RICHARD HABIB, Guardian of Anthony J. Habib
Estate, DAVID HABIB, ANTHONY HABIB, JR., MARY HABIB, and
STEPHEN HABIB, herinafter called SELLERS, 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,
WITNESSETH:
1. The SELLERS, 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"
AIRLINE ROAD ST. IMP.
Parcel 2 [Habib]
Page 1 of 9
Being an irregular shaped tract of land out of Lots 1 and 2,
Block D, Airline Subdivision Unit 2, as shown by plat in
Volume 13, Page 18, Map Records, Nueces County, Texas, and
further described as follows:
Beginning at a point being the northwesterly corner of said
Lots 1 and 2 and being the southeast corner of the
intersection of Airline Road and Birmingham Street;
Thence South 60 degrees 55 minutes 30 seconds East along the
southern Birmingham Street right-of-way, 27.37 feet to a
point of curvature of a circular curve concave to the
southwest which has a central angle of 116 degrees 35
minutes 24 seconds, a Radius of 10 feet, a Tangent distance
of 16.19 feet, an initial tangent bearing of North 60
degrees 55 minutes 30 seconds West and an arc length of
20.35 feet;
Thence along said curve to the right, 20.35 feet;
Thence South 2 degrees 29 minutes 10 seconds West, 74.76
feet;
Thence North 60 degrees 55 minutes 30 seconds West, 11.18
feet;
Thence North 2 degrees 29 minutes 10 seconds East along the
eastern Airline Road right-of-way, 90.95 feet to the point
of beginning and containing 0.0223 acres, [971 S.F.], more
or less.
"Real Estate Sales Contract"
AIRLINE ROAD ST. IMP.
Parcel 2 [Habib]
2. The purchase price is Six thousand Five hundred
Fifty Dollars and no cents [$6,550.00].
3. The SELLERS 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, SELLERS agree 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 SELLERS up to.and including
the year 1986.
6. All current taxes, if any, are to be prorated
between the BUYER and the SELLERS 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
$500.00 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"
AIRLINE ROAD ST. IMP.
Parcel 2 [Habib]
the SELLERS shall be entitled to receive said cash deposit
as liquidated damages for the breach of this contract, or
may at their 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
SELLERS fail 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 SELLERS.
10. By SELLERS' execution hereof, SELLERS acknowledge
that they have 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 SELLERS' 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 2 [Habib]
EXECUTED in triplicate, either copy of which shall
constitute an original.
RICHARD HABIB, Guardian of Anthony J. Habib Estate
Dated this the
day of , 1987.
Dated this the
DAVID HABIB
day of , 1987.
Dated this the
ANTHONY HABIB
day of , 1987.
Dated this the
MARY HABIB
day of , 1987
Dated this the
STEPHEN HABIB
day of , 1987.
S ELLER S
"Real Estate Sales Contract"
AIRLINE ROAD ST. IMP.
Parcel 2 [Habib]
-5-
By:
By:
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 TH
By:
HAL GEORGE, CITY ATTORNEY
THE STATE OF TEXAS 1f
COUNTY OF NUECES 4
, 1987.
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"
AIRLINE ROAD ST. IMP.
Parcel 2 [Habib]
THE STATE OF TEXAS §
COUNTY OF NUECES 9
This instrument was acknowledged before me on this the
day of , 1987 by Richard Habib, Guardian of
Anthony J. Habib Estate.
Notary Public in and for the State of Texas
THE STATE OF TEXAS 9
COUNTY OF NUECES §
This instrument was acknowledged before me on this the
day of , 198 by David Habib.
Notary Public in and for the State of Texas
THE STATE OF TEXAS 9
COUNTY OF NUECES 9
This instrument was acknowledged before me on this the
day of , 198 by Anthony Habib, Jr.
Notary Public in and for the State of Texas
"Real Estate Sales Contract"
AIRLINE ROAD ST. IMP.
Parcel 2 [Habib]
[NOTE] [Please print,
type or stamp
names + expi—
ration dates
of notary be—
low each no—
tary.]
THE STATE OF TEXAS 5
COUNTY OF NUECES §
This instrument was acknowledged before me on this the
day of , 19 by Mary Habib.
Notary Public in and for the State of Texas
[NOTE] [please print,
type or stamp
name + expira-
tion date of
notary below.]
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the
day of , 1987 by Stephen Habib.
Notary Public in and for the State of Texas
[NOTE] [please print,
type or stamp
name + expira-
tion date of
notary below.]
"Real Estate Sales Contract"
AIRLINE ROAD ST. IMP.
Parcel 2 [Habib]
-8-
CURVE DATA+
o = 116' 35' 24"
R = 10'
L = 20.35'
T = 16.19'
/ b
AIRLINE SUBDIVISION 2
LOT I a 2,/BLK. D
0
4,
S 2' 29' 10" W 74.76'
Poo N 2' 29'-10" E 90.95'
AIRLINE ROAD
Z
M
'0
SO'
AREA = 0 0223 as
TAKING 969 40 3 F.
REMAINING 7,943.02 S.F,
z
0
W rz) 1
Hr QN== `4,5,'
=
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CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
November 17, 1987
I certify to the City Council that $ 6,879.00 , 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 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 7 [Habib]
- --$6,550 acquisition
- --$ 329 closing costs
$6,879
FIN 2-55
Revised 7/31/69
/ 3� 638,36 42 /O/. )a7
x/,1937
Directo Finance
99.066.01
Corpus Christi, Texas
17 day of `00-0M.LL.CJLJ` , 198/
The above resolution was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero L(1.,J
A
Frank Mendez OALI ' "`0
Clif Moss ac.,
Bill Pruet /v ,("
Mary Rhodes a /-,p J
Mary Pat Slavik,(_ .
Linda Strong atfati(k
20070