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Home My WebLink About020220 RES - 03/01/1988A RESOLUTION AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 33 THROUGH 36 IN CONNECTION WITH THE HOLLY ROAD STREET IMPROVEMENTS; AND APPROPRIATING $60,661.60. 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 Parcels 33 through 36 in connection with the Holly Road Street Improvements, Project No. 561-86-3.1, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That there is hereby appropriated $60,661.60 out of the 561 Street Bond Fund for acquisition of these parcels plus 34 other parcels for the Holly Road Street Improvements Project. ATTEST: City Secretary APPROVED: //!6 DAY OF 19 Sb' HAL GEORGE, CITY ATTORNEY By Assist.nt City Attorney 205RP097.res THE CITY OF CORPUS CHRISTI, TEXAS zozzo MtCRO11.NrED f 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 RALPH C. MILLER and wife, JUDA GENEVA MILLER, hereinafter 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, W I T N E S SET H: 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 [Parcel 33] See Page 3 [Parcel 34] See Page 4 [Parcel 35] See Page 5 [Parcel 36] "Real Estate Sales Contract" HOLLY ROAD ST. IMP. Parcels 33,34,35,36 [Miller] Page 1 of 13 -E:NG a rectangularly shaped tract of land out of Lot 15, Rlnck 9, s:ardendale _,.ltd_, ..sicn Number 1, shown by plat in Volume 3, Page 21, Map Records, Nueces County, Texas, and being further described as follows: =E,;T`1NI::G at a point being the westernmost corner of said Lot 15 and being also a point on the northeasterly right-of-way of 40 foot wide Holly Road; THENCE North 29° East 20.00 feet to a point; THENCE South 61°00'4C" East 66.00 feet to a point; ,ve T r:;CE ro:ah 29° s` 20.00 feet to a point cn said Holly Road right-of-way; 'C,,., _ North 61°00'40" .;est along richt-of-way 66.00 feet to the SGS.+ 7. _y_,: OF SEo::NINC and containing 0.0303 acres [1,320 S.F.], more or less. HOLLY ROAD St. Imp. -Ayers to Staples Parcel 33 "Real Estate Sales Contract" HOLLY ROAD ST. IMP. Parcels 33,34,35,36 [Miller] -2- BEING 3 rectangularly: shaped tract of land out of Lot 15, 3lock 9, Gardendale :,,.tdivision Number 1, shown by plat in Volume 8, Page 21, Map Records, Nueces County, Texas, and being further described as follows: BEGINNING at a point being the southmost corner of said Lot 15 'nd beirc also a point on the northeasterly right-of-way of 40 foot wide Holly Road; THENCE North 29° East 20.00 feet to a point; THENCE South 61°00'40" East 66.00 feet to a point; THENCE South 29° West 20.00 feet to a point -on said Holly Road right-of-way; THENCE North 61°00'40" West along said right-of-way 66.00 feet to the PCINT OF BEGINNING and containing 0.0303 acres [1,320 S.F.], more or less. HOLLY ROAD St. Imp. -Ayers to Staples Parcel 34 "Real Estate Sales Contract" HOLLY ROAD ST. IMP. Parcels 33,34,35,36 [Miller] -3- EEING a rectangularly shaped tract of land out of Lot 14, Block 9, (;araenda:= ___,._,inion `lumber 1, shown by plat in Volume 8, Page 21, Map Records, :dueces Texas, and being further described as follows: 3EJINNI:NG at a point being the westernmost corner of said Lot 14 and being a -_o a point on the northeasterly right-of-way of 40 foot wide Holly Road: HENCE North 29° East 20.00 feet to a point; THENCE South 61°00'40" East 66.00 feet to a ^pint; THENCE South 29° West 20.00 feet to a point on said Holly Road right-of-way; THENCE North 61°00'4.7 West alcng said richt-of-was 66.00 feet to the :N7 CF EEGI::NTNG and containing 0.0303 acres [1,320 S.F.], more or less. HOLLY ROAD St. Imp. -Ayers to Staples Parcel 35 "Real Estate Sales Contract" HOLLY ROAD ST. IMP. Parcels 33,34,35,36 [Miller] -4- BEING a rectangularly shaped tract of land out of Lot 14, Block 9, Gardendaie Subdivision Number 1, shown by plat in Volume 8, Page 21, Map Records, Nueces Count:, Texas, and being further described as follows: 3ECINNING at a point being the southmost corner of said Lot 14 and being also a point on the northeasterly right-of-way of 40 foot wide Holly Road; THENCE North 29° East 20.00 feet to a point; THENCE South 61°00'40" East 66.00 feet to a point; THENCE South 29° West 20-.00 feet to a point on said Holly Road right-of-way; THENCE North 61°00'40" West along said right-of-way 66.00 feet to the POINT OF BEGINNING and containing 0.0303 acre [1,320 S.F.], more or less. HOLLY ROAD St. Imp. -Ayers to Staples Parcel 36 "Real Estate Sales Contract" HOLLY ROAD ST. IMP. Parcels 33,34,35,36 [Miller] -5- 2. The purchase price is Fifteen thousand Forty Dollars and no cents [$15,040.00]. 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 1987. 6. All current taxes, if any, are to be prorated between the BUYER and the SELLERS 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 $750.00 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" HOLLY ROAD ST. IMP. Parcels 33,34,35,36 [Miller] -6- the SELLERS shall be entitled to receive said cash deposit as liquidated damages for the breach of this contract, or may at SELLERS' 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 SELLERS 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" HOLLY ROAD ST. IMP. Parcels 33,34,35,36 [Miller] -7- EXECUTED in triplicate, either copy of which shall constitute an original. Dated this Ralph C. Miller day of , 1988. Dated this By: Juda Geneva Miller day of S ELLER S CITY OF CORPUS CHRISTI, TEXAS , 1988. Dated this Craig A. McDowell City Manager day of , 1988. BUYER ATTEST: ARMANDO CHAPA, CITY SECRETARY City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF By: HAL GEORGE, CITY ATTORNEY Assistant City Attorney "Real Estate Sales Contract" HOLLY ROAD ST. IMP. Parcels 33,34,35,36 [Miller] -8 , 1988. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of , 1988 by Ralph C. Miller and wife, Juda Geneva. Notary Public in and for the State of Texas THE STATE OF TEXAS VIM COUNTY OF NUECES %1f 1f This instrument was acknowledged before me on this day of , 1988 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" HOLLY ROAD ST. IMP. Parcels 33,34,35,36 [Miller] -9- GA RUC; . ":(_ LOT 16 - LE IVISiCN UNIT I Lot 15 N61°0040 W 66.00' HOLLY HOLLY ROAD St. Imp. -Ayers to Staples Parcel 33 ROAD CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RIGHT OF WAY/ EASEMENT ACQUISITION OWNER: DESCRIPTION: PROJECT: TOTAL AREA =0.4545 Ac. DATE I-29-87 SCALE 1"=20. BY' L REMAINDER =0.4242 Ac. "Real Estate Sales Contract" HOLLY ROAD ST. IMP. Parcels 33,34,35,36 [Miller] -10- N 29°E 20.00' HOLLY ROAD St. Imp. -Avers to Staples Parcel 34 *14 Lot /5 o S 61°00'40"E 66.00' 0 N61°00'40 W 66.00' HOLLY ROAD CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RIGHT OF WAY/ EASEMENT ACQUISITION OWNER. DESCRIPTION PROJECT: DATE 1/28/87 SCALE! !=20' 8Y' L Lot 14 P0.8. TOTAL AREA =0.4545 Ac. REMAINDER = 0.4242 Ac. "Real Estate Sales Contract" HOLLY ROAD ST. IMP. Parcels 33,34,35,36 [Miller] -11- Lot 15 GARDE4LE SOSDIVISION Lot 14 UNIT I N61°00'40" W 66.00' HOLLY ROAD HOLLY ROAD St. Imp. -Ayers to Staples Parcel 35 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RIGHT OF WAY/ EASEMENT ACQUISITION OWNER: DESCRIPTION: PROJECT: CATE. 1/28/87 SCALE: I": 20 BY' L TOTAL AREA =0.4545 Ac. REMAINDER =0.4242 Ac. "Real Estate Sales Contract" HOLLY ROAD ST. IMP. Parcels 33,34,35,36 [Miller] -12- GARDENDALE SLEDIVISIGN UNI- I Lot 14 0 0 S 61°00'40"E 66.00' W ° 0) N HOLLY ROAD St. Imp. —Ayers to Staples Parcel 36 0.0303 Ac. 0 0 0 N ° 0) N cn N61°00'40 W 66.00' HOLLY CITY OF CORPUS CHRISTI , TEXAS DEPARTMENT OF ENGINEERING SERVICES RIGHT OF WAY/ EASEMENT ACQUISITION OWNER DESCRIPTION: PROJECT. DATE 1/28187 SCALE 1°=20' B Y' L ROAD Lot 13 P0.B. TOTAL AREA =0.4545 Ac. O c.�Arr c_ -P:•_^ .1 4 , "Real Estate Sales Contract" HOLLY ROAD ST. IMP. Parcels 33,34,35,36 [Miller] Page 13 of 13 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 16, 1988 I certify to the City Council that $ 60,661.60 , 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. 561-86-3.1 Holly Road Street Improvements -Phase I Project Name from which it is proposed to be drawn, and such money is not appropriated for any other purpose. $15,040 [acquisition] $ 403 [closing costs] $15,443 Parcels 33,34,35,36 P L U S +thirty-four other parcels for this project: Parcels 9,10,11,12,13,14,15,16,17, 18,19,20,21,22,23,24,25,26, 27,28,29,30,31,32; 37,38,39,40,41,42,43,44,45,46 FIN 2-55 Revised 7/31/69 0, 6V. 6() Director�of ;Finance Corpus Christi, Texas /11— day of The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Cl i f Moss CC ),L Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik dap Linda Strong 111 a > 20220 99.066.01 , 198 r