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-:
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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.,
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40'
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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