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Home My WebLink About020342 RES - 06/14/1988A RESOLUTION AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 5 IN CONNECTION WITH THE AIRLINE ROAD STREET IMPROVEMENTS PROJECT. 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 5 in connection with the Airline Road Street Improvements project, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. ATTEST: City Secretary APPROVED:BCW DAY OF ...rig,,^€ , 19fr HAL GEORGE, CITY ATTORNEY By Go Assistant City Attorne 206RP109.res 41;15 HE CI OF CORPUS CHRISTI, TEXAS 20342 MICROFILMED City of Corpus Christi, Texas Property and Land Acquisition Division REAL E S TATE SAL E S CONTRACT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This memorandum of agreement made and entered into by and between BARRY G. ANDREWS and JAMES W. BARNETTE, 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 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" AIRLINE ROAD ST IMP -Phase 2 Parcel 5 [Andrews -Barnette] Page 1 of 7 Parcel 5 Being an irrregular tract of land out of Lots A -D, Block 30, 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 Southwesterly corner of said Lots A -D and being North 2 degrees 29 minutes 10 seconds East, 252.82 feet from the intersection of the North Sandra Lane right of way and the East Airline Road right of way line as presently established; Thence North 2 degrees 24 minutes 10 seconds East, along the the Easterly Airline Road right of way 308.99 feet; Thence South 60 degrees 55 minutes 30 seconds East, 11.72 feet; Thence South 3 degrees 29 minutes 19 seconds West, 27.50 feet; Thence South 2 degrees 29 minutes 10 seconds West 281.26 feet to a point on the Southerly line of said Lot D; Thence North 60 degrees 55 minutes 30 seconds West, 11.18 feet to the point of beginning and containing 0.071 acres, more or less. "Real Estate Sales Contract" AIRLINE ROAD ST IMP -Phase 2 Parcel 5 [Andrews -Barnette] -2- 2. The purchase price is Fifteen thousand Three hundred Dollars and no cents [$15,300.00]. 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 $1,530.00 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 -Phase 2 Parcel 5 [Andrews -Barnette] -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 E ive company or title guaranty company on or before Fx��tpc[]5 ] months atom 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 nderstood, however, that BUYER must execute this agreement Four [4] months within x;dimgc5xxW510dcxlmTK 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" AIRLINE ROAD ST IMP -Phase 2 Parcel 5 [Andrews -Barnette] -4- EXECUTED in triplicate, either copy of which shall constitute an original. James W. Barne te/ Dated this cT day of , 1988. By: S ELL E R S CITY OF CORPUS CHRISTI, TEXAS Dated this Juan Garza City Manager day of BUYER ATTEST: ARMANDO CHAPA, CITY SECRETARY , 1988. City Secretary APPROVED AS TO LEGAL FORM THIS ,/,57/- DAY OF /Va4,64° , 1988. By: HAL GEORGE, CITY ATTORNEY Assistant City ,torney "Real Estate Sales Contract" AIRLINE ROAD ST IMP -Phase 2 Parcel 5 [Andrews -Barnette] -5- THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this /9,k day of ja44Jet4--/ , 1988 by Barry G. Andrews. • //e1A-L otary Public)�nd for the State of Texas 7110 0444 arvrt114S40t1 (3" r 67-2.7-10 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of UzL.r_ , 1988 by James W. Barnette. otar Pub is in and for the Stat THE STATE OF TEXAS $1111 COUNTY OF NUECES 1f1EIf This instrument was acknowledged before me on this day of , 1988 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 EACH no- tary] "Real Estate Sales Contract" AIRLINE ROAD ST IMP -Phase 2 Parcel 5 [Andrews -Barnette] -6- A'S 90'9£9`551 : SNINIV 4321 W v W z '3'S 85'960£ 0 0 ti c9) r z m D 0 O t0 0 m w 0 co i0 to W 0 N U W 2S, CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RIGHT OF WAY/ EASEMENT ACQUISITION OWNER: ANDREWS 9. G El J W BARNFTTF DESCRIPTION: PARCEL NO. 5 PROJECT: AIRLINE RD. IMPR, DATE: 2 - 19 - 8 7 SCALE: I = 20' cn cn CO n W m N O 0 0'ICE BY' NGG IP 0,44 N "Real Estate Sales Contract" AIRLINE ROAD ST IMP -Phase 2 Parcel 5 [Andrews -Barnette] Page 7 of 7 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 /Lij day of was passed by the following vote: 20342