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Home My WebLink About020218 RES - 03/01/1988A RESOLUTION AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 7 IN CONNECTION WITH THE UPRIVER ROAD STREET IMPROVEMENTS; AND APPROPRIATING $68,451.68. 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 7 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 $68,451.68 out of the 561 Street Bond Fund for acquisition of this parcel and six other parcels for the Upriver Road Street Improvements Project. ATTEST: Cit Secretary MA APPROVED: //fl, DAY OF Fcbrg , 19E1( HAL GEORGE, CITY ATTORNEY By Assistant City ttorne 205RP099.res OR 4A. /f4_,,e_./ THE CITY OF CORPUS CHRISTI, TEXAS 20218 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 CATHOLIC DIOCESE OF CORPUS CHRISTI 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: I. 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 7 [Catholic Diocese of CC] Page 1 of 7 PARCEL NO. 7 Being an irregularly shaped tract of land out of Lot B, Magee Tract Annex, shown by Plat in Volume 45, Page 15, Map Records,. Nueces County, Texas, and being further described as follows: Beginning at a point being the southwest corner of said Lot B and being a point on the North right-of-way of Upriver Road; Thence North 8 degrees, 49 minutes 30 seconds East, 10.52 feet to a point; Thence North 80 degrees 41 minutes East, 376.89 feet to a point; Thence North 83 degrees 51 minutes East, 134.80 feet to a point on the Easterly line of said lot; Thence South 8 degrees 26 minutes 20 seconds West, 10.33 feet to a point on the North right-of-way of Upriver Road; Thence South 83 degrees 51 minutes West, along said right-of-way, 131.92 feet to a point for an interior corner; Thence South 80 degrees 41 minutes West, along said right-of-way, 379.89 feet to the point of beginning and containing 0.117 acres, more or less. "Real Estate Sales Contract" UPRIVER ROAD ST IMP Parcel 7 [Catholic Diocese of CC] -2- 2. The purchase price is Sixteen thousand Six hundred Dollars and no cents [$16,600.00]. 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 1987. 6. All current taxes, if any, are to be prorated between the BUYER and the SELLER for the year 1988 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 $800.00 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 7 [Catholic Diocese of CC] -3- 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" UP RIVER ROAD ST IMP Parcel 7 [Catholic Diocese of CC] EXECUTED in triplicate, either copy of which shall constitute an original. CATHOLIC DIOCESE OF CORPUS CHRISTI Most Reverend Rene Gracida, Bishop Dated this By: day of , 198_ SELLER CITY OF CORPUS CHRISTI, TEXAS By: Craig A. McDowell City Manager BUYER ATTEST: ARMANDO CHAPA, CITY SECRETARY City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF , 198 By: HAL GEORGE, CITY ATTORNEY Assistant City Attorney "Real Estate Sales Contract" UPRIVER ROAD ST IMP Parcel 7 [Catholic Diocese of CC] -5- THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of , 198 by the Most Reverend Rene Gracida, Bishop of the Catholic Diocese of Corpus Christi. Notary Public in and for the State of Texas THE STATE OF TEXAS 1f COUNTY OF NUECES t This instrument was acknowledged before me on this the day of , 198 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 7 [Catholic Diocese of CC] -6- X Q a Q 1- 0 r O • S 8°26'20" W 10.33' Q O rc W w 0 o aoo 0 Z y N 8°49'30"E CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RIGHT OF WAY/ EASEMENT ACQUISITION OWNER: DESCRIPTION: Parcel 7 PROJECT: Upriver Road Imn. DATE. 2-6-87 SCALE: I td BY' L Po. B. Total = 4.87 Ac. Taking =O. 117 Ac. Remainder = 4.753 Ac. "Real Estate Sales Contract" UPRIVER ROAD ST IMP Parcel 7 [Catholic Diocese of CC] Page 7 of 7 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 16, 1988 I certify to the City Council that $ 68,451.68 , 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. 561-4-20.1 Project Name Upriver Road Street Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. $16,600 [acquisition] $ 410 [closing costs] $17,010 Parcel 7 PLUS six other parcels for this project: Parcels 1,2,4,5,6,8 FIN 2-55 Revised 7/31/69 41 8, 41,cit 10 4bV gg ,/y 19 IlObtto of Finance 99.066.01 Corpus Christi, Texas`` � �� / day of f i gt.l1(i}lJ The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr.,L> Mary Pat Slavik ap Linda Strong l ,./ 20218 , 198g