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Home My WebLink About020424 RES - 08/16/1988A RESOLUTION AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 29 IN CONNECTION WITH THE SOUTH STAPLES STREET IMPROVEMENTS FROM SARATOGA BOULEVARD TO OSO CREEK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is authorized to execute the documents necessary for the acquisition of Parcel 29 in connection with the South Staples Street Improvements from Saratoga Boulevard to Oso Creek, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. Funds previously appropriated by Resolution No. 20343 are available for this acquisition. ATTEST: City Secretary - M 140.f/Lec._ CITY OF CORPUS; CHRISTI, TEXAS APPROVED: 5 DAY OF Ay, v.51— , 19 HAL GEORGE, CITY ATTORNEY By A .R. stant City Attorney 036.res 20424 MICROFILMED REAL ESTATE SALES CONTRACT THE STATE OF TEXAS * * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES This memorandum of agreement made and entered into by and between Agnes L. Polasek, et al, hereinafter called SELLER, of the County of Nueces, and others, State of Texas, and the CITY OF CORPUS CHRISTI, hereinafter called BUYER, of the County of Nueces, State of Texas. WITNESSETH: 1. The SELLER, for the consideration and upon the terms hereinafter set out, hereby agrees to buy the following described property situated in Nueces County, Texas, to -wit: Being a 0.411 acre tract of land out of Lots 16 and 1, Section 10, 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 N. 29 deg. E., 60.00 feet and S. 61 deg. E., 60.00 feet from the west corner of said Lot 17, said west corner being also the centerline intersection of South Staples Street (F.M. 2444) and Yorktown Boulevard; Thence N. 29 deg. E., 1,790.00 feet to a point for the northmost corner of this tract; Thence S. 61 deg. E., 10.00 feet to a point; Thence S. 29 deg. W., at 530.00 feet pass the common lot line of said Lots 1 and 16, in all 1,780.00 feet to a point of curvature of a circular curve to the left; Thence along the arc of said curve whose central angle = 90 deg., Radius = 10.00 feet, a distance of 15.71 feet to a point of tangency; Thence N. 61 deg. W., 20.00 feet to the point of beginning. 7. Thepurchase price is FORTY FOUR THOUSAND SEVEN HUNDRED AND FIFTY AND .. NO/100 DOLLARS ($44,750.00). The Seller shall provide at the expense of BUYER, a title insurance policy, 3. 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 SEI.LRR for the year 1988 to date of closing, except as may be herein otherwise provided. 7. BUYER has this day deposited with TITLE USA, the title insurance company $2,237.50 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, the SELLER shall be entitled to receive said cash deposit as liquidated damages for the breach of this contract, or may at their 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 outstandingrestrictive 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 delivery of the "WARRANTY DEED" by SELLER. 2 10. By SETT R'S execution hereof, SELLER acknowledges that they and each of them have read this agreement and understand 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 last date of execution by any Seller or this agreement shall be null and void and none of the provisions hereinabove set out will bind either party. 11. It is agreed that the net amount of sellers' proceeds will be placed into an interest bearing escrow account with Title USA to be used for future payment of the South Staples Street assessments for the street abutting the subject property; said assessments to include payment for curbs, gutters, sidewalks and driveways. Any surplus remaining after payment of the assessments shall be disbursed in accordance with the instruction contained in the Escrow Agreement between Seller and Title USA delivered to Title USA with this Contract. 12. ThisPe ro rty is being sold to the City of Corpus Christi under threat of P eminent domain. This Agreement is signed in multi -original counterparts each of which shall be considered an original to be effective only when all owners have executed and delivered a copy to the title company. CITY OF CORPUS CHRISTI, TEXAS BY: CITY MANAGER BUYER ATTEST: ARMANDO CHAPA, CITY SECRETARY BY: Assistant City Secretary APPROVED AS TO LEGAL FORM THIS THE ,) 1 DAY OF HAL GEORGE, CITY ATTdRNEY` BY: Assistant City Attorney 3 19�` THE STATE OF TEXAS S s COUNTY of NUECES 5 This instrument was acknowledged before •e 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 Print Name: Commission expires: 4 OATS OF EXECUTION: THE STATS OF COUNTY OF This OStrument was ack w edg before me on this 13 day of 1988, � SELLERS: • Mrs. Agnes L"Polasek ,• Mrs. Bernard (Eleanor) 14. Jesko Mrs. Irene Kubala Mr. Raymond Polasek Mr. Jerome Polasek Ms. Mary Nan Polasek Bailey Mrs. Carol Jean Polasek Baker Mr. Richard L. Polasek Ms. Carol Polasek Ms. Patty Dobson Ms. Kathy Cazares M r . Eugene E. Polasek Ms. Martha Polasek Mr. Edward D. Polasek Notary Public in and fothe State of Texas Print Name: I�,Y� e �.� o �S Commission expires: �`_ t1-� f� 5 DATE of EXECUTION: o 6/ - si Mrs. Agnes L Polasek 722/4„).,44,n-44 1. g4e-naj vC 942X—e).' Mrs. Bernard (Eleanor) K. Jeako Mrs. Irene Kubala Mr. Raymond Polasek Mr. Jerome Polasek Ms. Mary Man Polasek Bailey Mrs. Carol Jean Polasek Baker Mr. Richard L. Polasek Ms. Carol Polasek Ms. Patty Dobson Ms. Kathy Cazares Mr. Eugene E. Polasek Ms. Martha Polasek Mr. Edward D. Polasek TER STATE OF 7'4_S s s COUNTY or �,9� s d (, This in trument was ackn ledged before me on this'? day o 1988, by �--� • /M l3fibN410(61,v// 2 M..jSliO Notary Pub Print Name: Commissions e ate of Texas 5 DATE OF EXECUTION: 1X THE STATE OF COUNTY OF . . •w d ed before me on this /2 day of (1 - Thfs f str ent .ass le 4 i ..�-; 1988, by c2•�z.j• s s Mrs. Agnes L Polasek Mrs. Bernard (Eleanor) M. Jesko Mrs, Irene Kubala Mr. Raymond Polasek Mr. Jerome Polasek Ms. Mary Nan Polasek Bailey Mrs. Carol Jean Polasek Baker Mr. Richard L. Polasek Ms. Carol Polasek Ms. Patty Dobson Ms. Kathy Cazares Mr. Eugene E. Polasek Ms. Martha Polasek Mr. Edward D. Polasek Notary P .• lic, in and for ilhe State of as Print Name: /iilc9 Conaaissioc�, expires: 5 DATE of EXECUTION: Mrs. Agnes L Polasek Mrs. Bernard (Eleanor) K. Jesko Mrs. Irene Kobala )/( RAtlymond Polasek Mr. Jerome Polasek Ms. Mary Nan Polasek Bailey Mrs. Carol Jean Polasek Baker Mr. Richard L. Polasek Ms. Carol Polasek Ms. Patty Dobson Ids. Kathy Cazares Mr. Eugene E. Polasek Ms. Martha Polasek Mr. Edward D. Polasek THE STATE OF 7..,� j�1 S 5 COUNTY orsy,,,�.9;.P,cv 5 This instrument was ac;owledg- • before se on thin /9( day of ,7-e?i✓277 , 1988, by Notary Public, in and for the State of Texas Print paws: �,.✓ c D � il/� v�',� Commission�, expires:3/,z7/ 7 2�-• - 5 DATE OF EXECUTION: Mrs. Agnes L Polasek Mrs. Bernard (Eleanor) M. Jesko Mrs. Irene Kumla Mr. Raymond Polasek S � 1 A�-. ierame ��.,• a ��rf y ,4 .r rMr� Polasek Ms. Mary Nan Polasek Bailey Mrs. Carol Jean Polasek Baker Mr. Richard L. Polasek Ms. Carol Polasek Ms. Patty Dobson Ms. Kathy Cazares M r . Eugene E. Polasek Ms. Martha Polasek Mr. Edward D. Polasek 5 3 s Thisstrument v s ack • ; kedged before me on this day of , 1988,7 '--C-5('5;-1?-r 7' --?i9 Notary Public, n and forte State of Texas Pr int Mame: ' c- / /Pi? Commission expires:_ 5 DAT! OF EXECUTION: THE STATE OF Mrs. Agnes L Polas.k Mrs. Bernard - (Eleanor) M. Jesko Mrs. Irene Kubala Mr. Raymond Polasek Mary N • olasek Bailey Mrs. Carol Jean Polasek Baker Mr. Richard L. Polasek Ms. Carol Polasek M s . Pat t .y Dobson Ms. Kathy Cazares Mr. Eugene E. Polasek Ms. Martha Polasek Mr. Ed waurd D. Polasek COUNTY OF�;�,,ti� This instrument was aakaoaledobefore me on this O`Y#ay 1988, b'Ye n��-�f 1144., Notar Print Commi Public, in and f ►' the State of Texas Names A)AJ ji4e s ion1 expires: /42-44) DATE OF EXECUTION: THE STATE OF COUNTY OF 5 s 5 Mrs. Agnes L Polasek Mrs. Bernard (Eleanor) M. Jesko Mrs. Irene Kubala Mr. Raymond Polasek Mr. Jerome Polasek Ms1 Mary Nan Polasek Bailey ,i.. - --c 1 C.r ! ,/. ''' f '"ter f 2 „,..i... e ---, + — (_. - t -:' tet!- ,-:- , ) z. 1r Mrs. Carol Jean POlasek Baker Mr. Richard L. Polasek Ms. Carol Polasek Ms. Patty Dobson Ms. Kathy Cazares Mr. Eugene E. Polasek Ms. Martha Polasek Mr. Edward D. Polasek This instrument was acknowledged before aye on this l 5 thday of June 1988, by Carol Jean Polasek Baker . Not - y Publ , in - • for the State of Texas Print Name: Jerry Myane Commission/ expires: 10/2/88 5 DATE OF ONS TSB STARE OF .t,PL-v% s COUNTY OF 8 Mrs. Agnes L Polasek Mrs. Bernard (Eleanor) M. Jesko Mrs. Irene lltubala Mr. Raymond Polasek Mr. Jerome Polasek Ms. Mary Nan Polasek Bailey Nr .RichardL. Polasek Ms. Carol Polasek Ms. Patty Dobson Ms. Kathy Cazares Mr. Eugene E. Polasek Ms. Martha Polasek Mr. Edward D. Polasek This instrument was acknowledged before ase on this day of 1988, by Oxicezel Notary Publ c, in and f Print Name: Commission, expires: State of Texas MARTHA E. GONV LEZ NOTARY PUBLIC State of Texas Comm. Exp. 07-12-92 DATE of ExECpTt : Mrs. Agnes L Polasek Mrs. Bernard (Eleanor) M. Jesko Mrs. Irene Kubala Mr. Raymond Polasek Mr. Jerome Polasek Ms. Mary Nan Polasek Bailey Mrs. Carol Jean Polasek Baker Mr. Richard L. Po asek 1 Ms. Carol Polasek Ms. Patty Dobson Ms. Kathy Cazares Mr. Eugene E. Polasek Ms. Mar ha Polsek 421 Mr. Edward D. Polasek THE STATE 01P ---Y-4, S COUNTY OF -t\ti.c before me on this da of This instrument was acknowledged . be re � y 1988, by ' t ' e. °-� ,� • Not-ry Public, Print Name: Commission expires: n and for the State of Texas 5 Sic DATE of EXECUTION: Mrs. Agnes L Poiasek Mrs. Bernard (Eleanor) M. Jesko Mrs. Irene Kubala Mr. Raymond Polasek Mr. Jerome Polasek Ms. Mary Nan Polasek Bailey Mrs. Carol Jean Polasek Baker Mr. Richard L. Polasek Ms. Carol Polasek !J� 1 THE STATE of COUNTY of f. • Ms. Patty Dobson Ms. Kathy Cazares Mr. Eugene E. Polasek Ms. Martha Polasek Mr. Edward D. Polasek This i tr ent Ws acknowleLiJ % qed before me on this b( day of 1988, by /4,& l� //42.4..1be-Z (�e,l n and for the State of Texaa Print Name:1�%�1� Commission� expires: 10 - rf 5 1 DATE OF � Mc 91,04 TEE STATE OF AteWfYlte_x. S Comm ar Li n 0,1,1s Mrs. Agnes L Polasek Mrs. Bernard (Eleanor) M. Jesko Mrs. Irene Kubala 14r. Raymond Polasek Mr. Jerome Polasek Ms. Mary Nan Polasek Bailey Mra. Carol Jean Polasek Baker Mr. Richard L. Polasek Ms. Carol Polasek Ms. Patty Dobson / Aa, Ms. Kathy Cazare 7ko J Mr. Eugene E. Polasek Ms. Martha Polasek Mr. Edward D. Polasek This instrument Was acknowledged before me on this j o day of tkn RL _ 1988. by4 J251 -L—. Notary Public, in and for the State of Teas N . ir\ , Print Name: si i o n . o Commission expires: q_.(7_90 5 DTE OFUTIc Mrs. Agnes L Polasek Mrs. Bernard (Eleanor) 11. Jesko Mrs. Irene Xubala Mr. Raymond Polasek Mr. Jerome Polasek Ms. Mary Nan Polasek Bailey Mrs. Carol Jean Polasek Baker Mr. Richard L. Polasek Ms. Carol Polasek Ms. Patty Dobson 14,/,Kathy Caz L.L- ) ri< Mr., ugene E. Polasek Ms. Martha Polasek Mr. Edward D. Polasek THE STATE OP Texas S s COUNT! OF Victoria g This instrument was acknowledged before me on this 20 day of June 1988, by Eugene E . Polasek Notary Public, �� Sta of T Print page: Nancy Powitzky Commission/ expires: -3= 2 3 - 9 6 5 DAM OF EXECDTIO“: Mrs . Agnes L Polasek Mrs. Bernard (Eleanor) M. Jesko Mrs. Irene Kubala Mr. Raymond Polasek Mr. Jerome Polasek Ms. Mary Nan Polasek Bailey Mrs. Carol Jean Polasek Baker Mr. Richard L. Polasek Ms. Carol Polasek Ms. Patty Dobson Ms. Kathy Cazares Mr. Eugene E./ Polasek Ms. Martha lasek Mr. Edward D. Polasek TRE STATE OF n s COUNTY OF Dona Ana 5 This instrument was acknowledged before me on this 13th day of June 1988, by Martha Polasek Notary • c, in and for the Sta - of Print N - Suzanne R. Triviz Commission expires: September 8, 1991 5 Corpus Christi, Texas /(e44\ day of ove resolution was passed by the following vote: Turner 99.066.01 avid Berl anga , Sr .eo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Sl avi k Linda Strong CLUJ-0k .20424 , 1987