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Home My WebLink About020338 RES - 06/07/1988A RESOLUTION AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION A PARCEL OF LAND IN CONNECTION WITH THE HORNE ROAD/PORT AVENUE LIFT STATION PROJECT; AND APPROPRIATING $40,000. 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 a parcel of land in connection with the Horne Road/Port Avenue Lift Station Project, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That there is hereby appropriated $40,000 out of the No. 250 Sanitary Sewer Bond Fund applicable to Project No. 250-85-44-3.1. ATTEST: jpcip-t-et y Secretary 76OR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: )..,DAY OF DIy@ , 19 erg HAL GEORGE, CITY ATTORNEY 206RP098.res 20338 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 SAMUEL RONALD BRASLAU of the County of HARRIS and MERCIE LEE BRASLAU of the County of NUECES herein after called SELLERS, with both being in the 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 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" HORNE ROAD LIFT STATION -S. Port & Pearse [Braslau] Page 1 of 9 .tVd),-, HORNE ROAD LIFT STATION Being the Easterly 60 feet of Lot 1, Block 2, Harland Industrial Sites, as recorded in Volume 15, Page 21, Nueces County, Map Records and more particularly described as follows: Beginning at the Southeast corner of said Lot 1; Thence North 28 degrees 19 minutes 20 seconds East along the Easterly line of said Lot 1, a distance of 85.0 feet to the Northeast corner of said Lot 1; Thence North 61 degrees 40 minutes 40 seconds West along the Northerly line of said Lot 1, a distance of 60.0 feet; Thence South 28 degrees 19 minutes 20 seconds West, a distance of 85.0 feet to a point on the Southerly line of said Lot 1; Thence South 61 degrees 40 minutes 40 seconds East, along the Southerly line of said Lot 1, a distance of 60.0 feet to the point of beginning; And containing 5100 square feet or 0.1171 acres, more or less. The remainder of Lot 1, 6111.5 square feet or 0.1403 acres, more or less shall be designated as a construction easement for the duration of the contract for the installation of the lift station. Said temporary construction easement to be used for working room and storage of materials during construction phase. Said temporary construction easement to be abandoned upon completion of project and ground area to be restored to as was or better condition. A map showing the location of the acquisition by crosshatching and coloring the acquisition in yellow is attached hereto and made a part hereof for all purposes as "Exhibit A". "Real Estate Sales Contract" HORNE ROAD LIFT STATION -S. Port & Pearse [Braslau] -2- 2. The purchase price is Thirty-five thousand Five Eighty hundred Dollars and no cents [$35,580.00]. 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 $1,000.00 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" HORNE ROAD LIFT STATION -S. Port & Pearse [Breslau] -3- 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" HORNE ROAD LIFT STATION -S. Port & Pearse [Braslau] -4- 11. It is agreed that the CITY will replat subject Lot 1, Block 2, Harland Industrial Sites at CITY'S expense. 12. CITY agrees to construct a chain link fence at CITY'S expense along the property line of the taking abutting the remainder of Lot 1 and also abutting Lot 2 of the SELLERS' property. "Real Estate Sales Contract" HORNE ROAD LIFT STATION -S. Port & Pearse [Braslau] -5- EXECUTED in triplicate, either copy of which shall constitute an original. CiMax/L / & k1, //?-/-;-? Samuel Ronald Braslau day of , 1988. Dated this Dated this By: Mercie Lee Braslau day of S ELL E R S CITY OF CORPUS CHRISTI, TEXAS , 1988. Dated this Juan Garza City Manager day of BUYER ATTEST: ARMANDO CHAPA, CITY SECRETARY , 1988. City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF LoA By: HAL GEORGE, CITY ATTORNEY c l4/ r sao 64Laal,vevi Assistant City Atto ey "Real Estate Sales Contract" HORNE ROAD LIFT STATION -S. Port & Pearse [Braslau] -6- , 1988. THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this the day of Z'? , 1988 by Samuel Ronald Braslau. NotYfy Public in and for thof Texas REYNALDO R. ALVAREZ Notary Public in and for the State of Texas My Commission Expires G - ,.fie— &IF- THE STATE OF TEXAS § COUNTY OF NUECES § 7 [NOTE] [please print, type or stamp name + expira- tion date of notary below.] This instrument was acknowledged before me on this the ,9.1 `/ day of A74,,, , 1988 by Mercie Lee Braslau. Nota Public in and for the State of Texas REYNALDO R. ALVAREZ Notary Public in and for the State of Texas My Commission Expires — JO- FF" "Real Estate Sales Contract" HORNE ROAD LIFT STATION -S. Port & Pearse [Braslau] -7- [NOTE] [please print, type or stamp name + expira- tion date of notary below.] THE STATE OF TEXAS 1f 1f 1f COUNTY OF NUECES ¶1I1( This instrument was acknowledged before me on this day of , 198_ by Juan Garza, 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.] "Real Estate Sales Contract" HORNE ROAD LIFT STATION -S. Port & Pearse [Braslau] -8- N Lot 2 N61°40'40"W 60.00' -0 95.72' Lot 1 46.08 O N r•1=11111111111, Lot 3 S61°40'40"E 60.00' CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RIGHT OF WAY/ EASEMENT ACQUISITION OWNER: DESCRIPTION: PROJECT: DATE: 10-6-67 Southeast Corner Lot 1 PEARSE ST SCALE: I"' 20' BY' LOT TOTAL = 11,211.5 (0.257 Ac) TAKING = 5100 SF (0.117 Ac) REMAINDER = 6111.5 S.F. (0.14 Ac) EXHIBIT A "Real Estate Sales HORNE ROAD LIFT -S. Port & Pearse Page 9 of Contract" STATION [Braslau] 9 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section fit' tel June 1, 1988 I certify to the City Council that $ 40,000.00 , 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: Ftind No. and Name No. 250 Sanitary Sewer Bond Fund Project No. 250-85-44-3.1 Project Name Horne Road Lift Station from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Acquisition: $35,580 Closing Costs: 685 Appraisal Services: 735 Replatting Costs 3,000 $40,000 FIN 2-55 Revised 7/31/69 , 19// r of Finan The above resolution Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong 99.066.01 Corpus Christi, Texas 1)441 day of (,? t , 198P was passed by the following vote: aiuu atp dLLP aLp at/-• 4-; 20338