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HomeMy WebLinkAbout20121 RES - 12/22/1987A RESOLUTION AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 6 IN CONNECTION WITH THE PARK ROAD 22 UTILITY ADJUSTMENTS; AND APPROPRIATING $614. 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 6 in connection with the Park Road 22 Utility Adjustments, Project 250-87-44-5.1, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. There is hereby appropriated $614 from the 250 Sanitary Sewer Bond Fund. ATTE. : 0 Ci- t3 Secretary APPROVED: /7M DAY OF /2,r. , 19a-2 HAL GEORG ITY ATTORNEY By Assistant City Attory y 205rp001.res THE CITY OF CORPUS CHRISTI, TEXAS 20121 City of Corpus Christi, Texas�� Property and Land Acquisition Division /s, REAL ESTATE SALES CONTRACT �� THE STATE OF TEXAS COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This memorandum of agreement made and entered into by and between G. W. BILLINGS 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: See Page 2 "Real Estate Sales Contract" PARK ROAD 22 UTILITY ADJUSTMENTS Parcel 6 [Billings] Page 1 of 7 PARCEL 6 An irregularly shaped tract of land out of former Gateway Drive of Gateway Park Subdivision as shown in Volume 7, page 59 Nueces County, Texas Map Records, closed by City Ordinance No. 10823 and more completely described as follows: BEGINNING at the intersection of the centerline of said Gateway Drive and the west ROW of O'Connell Street, same being the POINT OF BEGINNING OF THIS TRACT; THENCE south 28°55' west, 10 feet along the west ROW of O'Connell Street; THENCE north 61°50' west, 150 feet; -THENCE north 28°55' east, 10 feet; THENCE south 61°50' east, 150 feet along the center line of former Gateway Drive to the POINT OF BEGINNING AND CONTAINING ABOUT .0344 acres. "Real Estate Sales Contract" PARK ROAD 22 UTILITY ADJUSTMENTS Parcel 6 [Billings] 2. The purchase price is Three hunderd Dollars and no cents [$300.00]. 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 $15.00 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" PARK ROAD 22 UTILITY ADJUSTMENTS Parcel 6 [Billings] 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" PARK ROAD 22 UTILITY ADJUSTMENTS Parcel 6 [Billings] -4- EXECUTED in triplicate, either copy of which shall constitute an original. Dated this By: G. W. Billings day of S ELL E R CITY OF CORPUS CHRISTI, TEXAS , 198 . Dated this Craig A. McDowell City Manager day of , 198_. BUYER ATTEST: ARMANDO CHAPA, CITY SECRETARY City Secretary APPROVED AS TO LEGAL FORM THIS THE DAY OF , 198_. HAL GEORGE, CITY ATTORNEY By: Assistant City Attorney "Real Estate Sales Contract" PARK ROAD 22 UTILITY ADJUSTMENTS Parcel 6 [Billings] -5- si THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of , 198_ by G. W. Billings. Notary Public in and for the State of Texas THE STATE OF TEXAS 111111 COUNTY OF NUECES 111111 This instrument was acknowledged before me on this day of , 198_ 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" PARK ROAD 22 UTILITY ADJUSTMENTS Parcel 6 [Billings] -6- rm k -® 50' VI $p' 3 tti$.\b 251Z Z5' 0 ST p 5a' N K 0 /d, /Y 28 'SS /E ,��5�� ZS roi C/O; SIB SI_/ POB D L0.(14/,EL L 52— CITY T N. CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES riREA= Sao fTZ= .03 -}-}Ac RIGHT. OF WAY/ EASEMENT ACQUISITION OWNER G•w B,.L.r.v{,r DESCRIPTION / , C.'I- 6 PROJECT- err 2 z 4/r<<.3y Ae furrrlr�rT DATE: SCALE: / Sp • 1/ 14Z "Real Estate Sales Contract" PARK ROAD 22 UTILITY ADJUSTMENTS Parcel 6 [Billings] Page 7 of 7 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) • December 22, 1987 I certify to the City Council that $ 614.00 , 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. 250 Sanitary Sewer Bond Fund 250-87-44-5.1 Project Name , Park Road 22 Utility Adjustments from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • $300 [acquisition .$314 [closing costs] $614 Parcel 6 [Billings] FIN 2-55 Revised 7/31/69 ArG- / Direct6r/of Finance Corpus Christi, Texas n .'/L)' aa, day of Q�LQI , 1987 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 20121