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Home My WebLink About020348 RES - 06/21/1988A RESOLUTION AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 4 AND 5 IN CONNECTION WITH THE UP RIVER 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 Parcels 4 and 5 in connection with the Up River Road Street Improvements project, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. ATTEST: Cit Secretary AYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: jyf, DAY OF ,T,,�,i , 19 yf HAL GEORGE, CITY ATTORNEY By Assist.nt City Attorne 206RP121.res 2 0 348 411Cli'OFILMED 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 TIM R. LANGE and CHARLES R. JOHNSON, SR. herein after 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 - Parcel 4 See Page 3 - Parcel 5 "Real Estate Sales Contract" UPRIVER ROAD ST IMP Parcels 4,5 [Lange/Johnson] Page 1 of 9 ,thA PARCEL 4 BEING a 10 foot wide strip of land out of Tract 3, Lot D, Magee Tract Annex, shown by plat in Volume 41, Page 183, Map Records, Nueces County, Texas, and being further described as follows: BEGINNING at a point being the southmost corner of said Tract 3 and being a point on the northwesterly right-of-way of 60 foot wide Up River Road; THENCE North 13°58' West along the northwest boundary of said tract 3, 10.8 feet to a point; THENCE North 53°19' East 317.53 feet to a point in the northeast boundary of said Tract 3; THENCE South 13°58' East along said boundary 10.82 feet to a point in the aforementioned Up River Road right-of-way; THENCE South 53°19' West along said right-of-way 317.53 feet to the point of beginning and containing 0.073 acres, more or less. "Real Estate Sales Contract" UPRIVER ROAD ST IMP Parcels 4,5 [Lange/Johnson] -2- PARCEL 5 Being a 10 foot wide strip of land out of Tract 4, Lot D, Magee Tract Annex, shown by plat in Volume 41, Page 183, Map Records, Nueces County, Texas, and being further described as follows: Beginning at a point being the Southmost corner of said Tract 4 and being a point on the Northwesterly right-of-way of 60 foot wide Upriver Road; Thence North 13 degrees 58 minutes West, along the Northwest boundary of said Tract 3, 10.82 feet to a point; Thence North 53 degrees 19 minutes East, 239.40 feet to a point in the Northeast boundary of said Tract 4; Thence South 2 degrees 50 minutes East, along said boundary 12.02 feet to a point in the aforementioned Upriver Road right-of-way; Thence South 53 degrees 19 minutes West, along said right-of-way, 236.88 feet to the point of beginning and containing 0.055 acres, more or less. "Real Estate Sales Contract" UPRIVER ROAD ST IMP Parcels 4,5 [Lange/Johnson] -3- 2. The purchase price is Sixteen thousand Seven hundred Dollars and no cents [$16,700.00]. 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 $835.00 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" UPRIVER ROAD ST IMP Parcels 4,5 [Lange/Johnson] -4- 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" UPRIVER ROAD ST IMP Parcels 4,5 [Lange/Johnson] -5- EXECUTED in triplicate, either copy of which shall constitute an original. Tim ' Lange Dated thisth7 41110 4/...2_ ' h. 1111 ohnson, Sr Dated this '? day of / ip)/ , 1988. S ELLER S day of , 1988. By: CITY OF CORPUS CHRISTI, TEXAS Dated this Juan Garza City Manager day of , 1988. BUYER ATTEST: ARMANDO CHAPA, CITY SECRETARY City Secretary APPROVED AS TO LEGAL FORM THIS a % DAY OF vFvt rz car , 1988. HAL GEORGE, CITY ATTORNEY By: AL14.0,4_ ca.eakvia4 A/ison Galluwoy Assistant City Attorney "Real Estate Sales Contract" UPRIVER ROAD ST IMP Parcels 4,5 [Lange/Johnson] -6- THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this ct a. day of 1988 by Tim R. Lange. //„„)„,-) N tary Public in and for the State of Texas my edwsr+�.,ssic+.1 Ci60ires THE STATE OF TEXAS § COUNTY OF NUECES § This instrument 01,54 day of Johnson, Sr.. was acknowledged before me on this 1988 by Charles R. 3 tary Public in and for the State of Texas Y1n'1 r+- ssie e vires THE STATE OF TEXAS ttI COUNTY OF NUECES ¶IMF 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" UPRIVER ROAD ST IMP Parcels 4,5 [Lange/Johnson] -7- X W U 0 0 0 J W W CD 50' CITY WATER LINE EASEMENT 60' CPL EASEMENT 0 0 J to n: n: S13°58'E 10.82' N 13°58' W 10.82' CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RIGHT OF WAY/ EASEMENT ACOUISITION OWNER: DESCRIPTION: Parcel 4 PROJECT: Upriver Road Imp. DATE: 2 - 4 -87 SCALE: 1 = 40' BY' L LLl EE TRACT 3 = 2.83 Ac. TAKING = 0073 Ac. REMAINDER= 2.76 Ac. "Real Estate Sales Contract" UPRIVER ROAD ST IMP Parcels 4,5 [Lange/Johnson] -8- TOTAL =2.18 Ac. REMAINDER = 2.125 Ac. TAKING = 0.055 Ac. Lot D Tract 4 t\--- 40' CPL EASEMENT z 0) 0 M to S 02°50'E 12.02' 50' CITY 7 ------ WATER EASEMENT 0 O c c W 0 P.O.B. N 13°58' W 10.82' CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RIGHT OF WAY/ EASEMENT ACQUISITION OWNER: DESCRIPTION: Parcel 5 PROJECT: Upriver Road Imp. DATE:2/4/87 SCALE: I "= 30' BY' L "Real Estate Sales Contract" UPRIVER ROAD ST IMP Parcels 4,5 [Lange/Johnson] Page 9 of 9 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 t,tzLI day of was passed by the following vote: atyp 20348 , 198 Y