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Home My WebLink About20119 RES - 12/22/1987A RESOLUTION AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 9 IN CONNECTION WITH THE AIRLINE ROAD STREET IMPROVEMENTS, PROJECT 561-86-10.1; AND APPROPRIATING $4,442. 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 9 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 $4,442 out of the 561 Street Bond Fund. A ATTEST: City Secretary APPROVED:714 DAY OF QPM . , 1987 HAL GEORGE, CITY ATTORNEY BY Assistant City Attorney 204rp077.res THE CITY OF CORPUS CHRISTI, TEXAS 20119 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 § 4818117 4 This memorandum of agreement made and entered into by and between IRENE CHRISTINE STARRY 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" AIRLINE ROAD ST. IMP. Parcel 9 [Starry] Page 1 of 7 Being an irregular tract of land out of Lot L, Block 29, Bass Subdivision as shown by Plat in Volume 7, Page 17, Map Records, Nueces County, Texas and further described as follows: Beginning at a point being the Southwest corner of said Lot L and being North 2 degrees 29 minutes 10 seconds East, 161.72 feet from the intersection of the Easterly Airline right-of-way line and the Northerly Saratoga Blvd. right-of- way as presently established; Thence North 2 degrees 29 minutes 10 seconds West, along the Easterly Airline right-of-way line, 115.52 feet; Thence South 60 degrees 55 minutes 30 seconds East, 11.827 feet along the Northerly line of said Lot L; Thence South 2 degrees 29 minutes 10 seconds West, 115.52 feet to a point on the Southerly line of said Lot L; Thence North 60 degrees 55 minutes 30 seconds West, 11.1827 feet along the Southerly line of said Lot L to the point of beginning and containing .0265 acres, more or less. "Real Estate Sales Contract" AIRLINE ROAD ST. IMP. Parcel 9 [Starry] 2. The purchase price is Four thousand One hundred Twenty-five Dollars and no cents [$4,125.00]. 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 $400.00 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 9 [Starry] -3- the SELLER shall be entitled to receive said cash deposit as liquidated damages for the breach of this contract, or may at SELLER'S 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 SELLER 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" AIRLINE ROAD ST. IMP. Parcel 9 [Starry] —4— EXECUTED in triplicate, either copy of which shall constitute an original. Dated this the By: Irene Christine Starry day of SELLER CITY OF CORPUS CHRISTI, TEXAS , 1987. Dated this the Craig A. McDowell City Manager day of B U Y ER ATTEST: ARMANDO CHAPA, CITY SECRETARY , 1987. City Secretary APPROVED AS TO LEGAL FORM THIS THE DAY OF HAL GEORGE, CITY ATTORNEY By: Assistant City Attorney "Real Estate Sales Contract" AIRLINE ROAD ST. IMP. Parcel 9 [Starry] -5- , 1987. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of , 1987 by Irene Christine Starry. Notary Public in and for the State of Texas THE STATE OF TEXAS 111111 COUNTY OF NUECES 41f11 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 & expira— tion date of notary public below EACH notary] "Real Estate Sales Contract" AIRLINE ROAD ST. IMP. Parcel 9 [Starry] —6— n h ro S 2°29'10" W 115.52' h BASS SUBDIVISION BLOCK 29 LOT L 30' N 2• 29'10" E 115.52' c_ — AIRLINE - ROAD re:J. 40 ° 0 Q . TAKING. 1155.2 S.F. (0.0265 AC.) REMAINING. 42,404.8 S.F. (0.9735A0.) 4 U N H 0 H n 0) E. LW • u O r•-• • 0 as 64 61 6 1 00 ▪ 44 al ai m N W W I-7 N f4 W (0 N a CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) December 22, 1987 t I certify to the City Council that $ 4,442.00 , 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 9 [Starry] $4,125 Acquisition $ 317 Closing Costs $4,442 FIN 2-55 Revised 7/31/69 /j R33, C38. go rlG ia/131 g 1 ✓uJ-- (dpi , 19 d 7' Directorf inance Corpus Christi, Texas n.^`l (7u, day of �QC.c-! 111- v , 198'1 The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong 99.066.01 20119