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HomeMy WebLinkAbout020343 RES - 06/14/1988A RESOLUTION AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 22 AND 24 IN CONNECTION WITH THE SOUTH STAPLES STREET IMPROVEMENTS; AND APPROPRIATING $130,000. 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 Parcels 22 and 24 in connection with the South Staples Street Improvements, substantial copies of which are attached hereto and made a part hereof, marked Exhibits A-1 and A-2. SECTION 2. That there is hereby appropriated $130,000 out of the No. 562 Street Bond Fund applicable to Project No. 562-87-1.5, South Staples Street/Saratoga Boulevard to Oso Creek. ATTEST: C Secretary APPROVED: Ti* DAY OF . .,..t HAL GEORGE, CITY ATTORNEY stannt City Att 206RP108.res MA , tide.A.Ot-GL.," OR THE CI Y OF CORPUS CHRISTI, TEXAS 20343 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 LOUIS V. MOKRY, 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: 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" SOUTH STAPLES ST IMP Parcel 22 [Mokry] Page 1 of 7 Being a 10 foot wide strip of land out of Lot 32, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, shown by plat in Volume A, Pages 41-43, Map Records, Nueces County, Texas and further described as follows: Beginning at a point being S. 29° W., approximately 510.00 feet and S. 61° E., 40.00 feet from the north corner of said Lot 32 and being also a point in the centerline of South Staples Street [F.M. 2444]; Thence S. 61° E., 10.00 feet to a point; Thence S. 29° W., 115.00 feet to a point for the south corner of this tract; Thence N. 61° W., 10.00 feet to a point; Thence N. 29° E., 115.00 feet to the point of beginning and containing 0.026 acres, more or less. 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" SOUTH STAPLES ST IMP Parcel 22 [Mokry] -2- 2. The purchase price is Three thousand Eight hundred Seventy-five Dollars and no cents [$3,875.00]. 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 $200.00 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" SOUTH STAPLES ST IMP Parcel 22 [Mokry] -3- 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" SOUTH STAPLES ST IMP Parcel 22 [Mokry] -4- EXECUTED in triplicate, either copy of which shall constitute an original. 6-1 C - Dated this By: Louis V. Mokry„✓/ day of S ELLE R 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 GI DAY OF r'Yi By: HAL GEORGE, CITY ATTORNEY c: -.l (ct Wot Assistant City Attorney "Real Estate Sales Contract" SOUTH STAPLES ST IMP Parcel 22 [Mokry] -5- , 1988. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this 9.kit day of 1 CCS' , 1988 by Louis V. Mokry. Nota,/ Pub ,i c in and for the State of Texas ia'rwrrxe3fib• -3,2 a- 9 THE STATE OF TEXAS 11111 COUNTY OF NUECES 1f1(11 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 notary] "Real Estate Sales Contract" SOUTH STAPLES ST IMP Parcel 22 [Mokry] -6- E-// North Corner Lot 32 F-: W J Q 4d 0 Q) O E)(H IBIT A CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING & E PHYSICAL DEVELOPMENT. RIG ± OF WAY/ EASEMENT ACOUISITION OWN • Mokrys DESC1(IPTION: Parcel 22 {E-11] PROJECT: (South) Staples Street Improvements -Saratoga to Oso Cre- DATE: 12-86 SCALE: A.20' BY' L "Real Estate Sales Contract" SOUTH STAPLES ST IMP Parcel 22 [Mokry] Page 7 of 7 REAL E S TAT E 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 CATHERINE J. MOKRY, 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: 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" SOUTH STAPLES ST IMP Parcel 24 [Mokry] Page 1 of 7 .['., L 4 7 SOUTH STAPLES STREET IMPROVEMENTS Parcel 24 Being a 10 foot wide strip of land out of Lot 32, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, shown by plat in Volume A, Pages 41-43, Map Records, Nueces County, Texas and further described as follows: Beginning at a point being S. 29° W., approximately 740.00 feet and S. 61° E., 40.00 feet from the north corner of said Lot 32 and being also a point in the centerline of South Staples Street [F.M. 2444]; Thence S. 61° E., 10.00 feet to a point; Thence S. 29° W., 115.00 feet to a point for the south corner of this tract; Thence N. 61° W., 10.00 feet to a point; Thence N. 29° E., 115.00 feet to the point of beginning and containing 0.026 acres, more or less. 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" SOUTH STAPLES ST IMP Parcel 24 [Mokry] -2- 2. The purchase price is Two thousand Eight hundred Seventy-five Dollars and no cents [$2,875.00]. 3. The SELLER shall provide title insurance policy, without being made in said title policy, at the expense of BUYER, a exceptions to said title 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 $150.00 title guaranty company the as earnest money hereunder to be applied cash payment above set out when the transaction is sum of on the 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" SOUTH STAPLES ST IMP Parcel 24 [Mokry] -3- 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" SOUTH STAPLES ST IMP Parcel 24 [Mokry] -4- EXECUTED in triplicate, either copy of which shall constitute an original. Dated this `')' day of By: k ry S ELL E R CITY OF CORPUS CHRISTI, TEXAS , 19& Dated this Juan Garza City Manager day of , 19 BUYER ATTEST: ARMANDO CHAPA, CITY SECRETARY City Secretary APPROVED AS TO LEGAL FORM THIS i? DAY OF rn ol , 1988. HAL GEORGE, CITY ATTORNEY By: altaLUO.,7 Alison C-)a_((awa.,c Assistant City Attorney "Real Estate Sales Contract" SOUTH STAPLES ST IMP Parcel 24 [Mokry] -5- THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of /Yl Mokry. , 1968 by Catherine J. Nc aryPublic in and for the/State of Texas NANCY BANE HABLUETZEL Notary Public In and For the State of Texas THE STATE OF TEXAS VVV COUNTY OF NUECES V1(1f This instrument was acknowledged before me on this day of , 19 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 notary] "Real Estate Sales Contract" SOUTH STAPLES ST IMP Parcel 24 [Mokry] -6- North Corner Lot 32N., W —J 0 vi 40' 0 J O) v CC Q CD J Q U w CC O CITY OF CORPUS CHRISTI, TEXAS EXIIIBITDEPARTMENT OF ENGINEERING & A PHYSICAL DEVELOPMENT. RIGHT OF WAY/ EASEMENT ACQUISITION OWNER: Mokrys DESCRIPTION: Parcel 24 [E-13] PROJECT:((South) Staples Street Improvements -Saratoga to Oso Cre DATE: 12 - 86 SCALE: r"'. 20' "Real Estate Sales Contract" SOUTH STAPLES ST IMP Parcel 24 [Mokry] Page 7 of 7 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 7 May 24, 1988 I certify to the City Council that $ 130,000.00 , 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: Fund No. and Name No. 562 Street Bond Fund Project No. 562-87-1.5 Project Name South Staples Street - Saratoga Boulevard to Oso Creek from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 013 , 19 e 3 0/;;;'g.. of Fi nce FIN 2-55 Revised 7/31/69 \\N R htv) . 6e c) 3/T8 \d1\ Corpus Christi, Texas day of , 198 The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. (i/t)f!:� Leo Guerrero Ob4iJL7, Clif Moss ji7P Bill Pruet (LtP Mary Rhodes °IP Frank Schwing, Jr. (ii161 Mary Pat Slavik G F Linda Strong a k(Leillb 20343 99.066.01