HomeMy WebLinkAbout020443 RES - 08/30/1988A RESOLUTION
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF 96.617 ACRES IN CONNECTION WITH THE OSO CREEK
PARKLAND ACQUISITION, PHASE I; AND APPROPRIATING $826,250.
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 96.617 acres in connection with the
Oso Creek Parkland Acquisition, Phase I, a substantial copy of which is attached
hereto and made a part hereof, marked Exhibit A.
SECTION 2. That there is hereby appropriated $826,250 out of the 551
Park Bond Fund applicable to Project No. 551-86-12.01.
ATTEST:
Secretary
y
APPROVED://%j DAY OF 19
HAL GEORGE, CITY ATTORNEY
By
Assists t City Attorney
206RP168.res
YOR
,7„
THE CITY OF CORPUS CHRISTI, TEXAS
20443 MtCROFiLMEp
City of Corpus Christi, Texas
Property and Land Acquisition Division
REAL E S TATE 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 C. C. LAND VENTURE ASSOCIATES, 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:
TRACT I -See Pages 2, 3, 4
TRACT II -See Page 5
"Real Estate Sales Contract"
OSO CREEK LAND ACQ. [Phase 2]
Parcel 2 [CC Land Venture Assoc.]
Page 1 of 10
Tract I', [1] '
Fieldnote description of a 75:847;, crr 'tract of land out of L 6, 7,
9, 10 and 20-25, Section 22, Flour Bluff & Encinal Farm & Garden Tract
(F.B.& E.F.& G.T.), a map of which is recorded in Volume A, Pages
41-43, Map Records of Nueces County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a 1" iron pipe found for the East corner of a 7.92 acre
tract of land conveyed by the U.S.A. to J. A. Bishop, et al, by deed
dated July 21, 1960, recorded in Volume 898, Page 137, Deed Records,
Nueces County, Texas, said point being S29°02'17"W, a distance of
5238.14 feet from a nail found in the centerline of Yorktown Road,
said nail being the mid-section corner of Sections 21 and 25, F.B. &
E.F. & G.T.;
THENCE along the Northeast boundary line of said 7.92 acre tract,
N61°00'04"W, a distance of 308.41 feet to a 1" iron pipe found for the
West corner of said 7.92 acre tract;
THENCE along the Northwest boundary line of said 7.92 acre tract,
S29°01'40"W, a distance of 994.91 feet to the North shoreline of Oso
Creek as established by survey filed in the Texas General Land Office
dated May 13, 1986 and recorded in Roll Sketch No. 106;
THENCE with the meanders of the creek as established by said survey;
N84°03'10"W
N89°50'27"W
N79°16'22"W
N84°01'38"W
N78°52'27"W
S11°07'33"W
S63°24'31"W
N84°31'32"W
N85°27'59"W
N76°07'18"W
N78°42'12"W
N80°20'14"W
S89°26'23"W
N87°48'21"W
N77°18'21"W
N61°05'09"W
S84°54'40"W
S52°01' 27"W
S29°34'37"E
S34°56'44"W
S85°12'56"W
S85°46'03"W
S48°14'35"W
S62°03'01"W
S78°46'18"W
N78°34'54"W
48.59
154.35
186.54
195.55
137.58
19.35
28.87
172.03
91.79
235.39
194.45
187.32
152.24
207.20
156.54
236.91
65.14
83.33
19.53
54.37
110.22
100.50
71.53
133.19
60.08
151.28
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
N89°31'42"W 262.95 feet
S79°57'48"W 16.72 feet to a point for the most Southerly corner
of this tract, said point being on the Southeast line of a 69.12 acre
tract of land conveyed by Vivian A. Gwynn, etal to the City of Corpus
Christi, Texas by deed, dated December 31, 1987 and recorded in Volume
2092, Page 778, of the Deed Records of Nueces County, Texas;
"Real Estate Sales Contract"
OSO CREEK LAND ACQ.
Parcel 2 [CC Land Venture Assoc.]
-2-
Tract I [ 2 ]
THENCE leaving
THENCE 45a g the North shorelineof Oso Creek,
corner , a distance of 1160.25.feet to a following line,
at the beginning5/;
of a curve to the right;
THENCE along said curve to the right
has a
16°00'00"
a radius of 498.08 feet andhh actangent
tangency;
a distance of 139.09 feet to a 5/8" iron rod s
et
THENCE S65°57'40"E, a distance of
for the point of curvature of 802.40
a curve to
THENCE.along said curve to
he left
55°00'40", a radius of 1824.50 feet
feet, a distance of 1751.75 feet to
of tangency;
THENCE N59°01"40"E, a distance of 394.19 feet t
for an angle point;
to a 5/8'� iron rod set
THENCE NO1017'12"W, a distance of 848.44 feet to
for an angle point;
a 5/8"iron rod set
THENCE N31°03'
25"E, a distance of 421.61
for
an angle point: feet to a 5/8"
° iron rod set
central angle of
length of 70.00 feet,
for the point of
feetleota 5/8" iron rod set
which has a central angle of
and a tangent length of 950.00
a 5/8" iron rod set for the point
N01 58'12"W, a distance
THENCEr the Northwest corner of 790•
fo
South boundaryofthis 00 feetdi a 5/8"
P. line of a 60 tract, saidiron rod set
Bratton to NuecesnCounty oot wide stripofpint being e te
Volume by deed land conveyed
dated March 13,, 1987, by Mark
2052, Page 44, Deed Records, Nueces County, recorded in
the South boundaryY� Texas;
THENCE
along a distanceSouhline of
angleof 756.15 tsaid s/8"fort stripoof ford,
g point; feet
iron rod set for an
THENCE 531°03'25"W
for an angle a distance of 1443.46
point; feet
to a 5/8" iron
THENCE SO1° rod set
angle point;
for an 17� 12" E, a distance of 669,73
feet to a 5/8" iron rod set
THENCE N59°01'40"E, a distance of 73.18
for the point of curvature feet to a 5 "
of a curve to the right; feet iron rod set
THENCE along g said curve to the right which has
a distance ofus of 458.99 feet and a a length
angle of
00
of tangency; feet to a5/8"tangent length of 265.00
iron rod set for the point
E 560°58'20"EHEN
THENCE the common boundaryline of Lot distance of 200.00
F.B. feet to a 5/8" iron rod Set
in
22, & E.F.
& G.T.; 16, Section 24 and Lot 9
THENCE , Section
495.00 along the said common
feet to the POINT OF boundary line, S29°pl"4p"
BEGINNING. W, a distance of
"Real Estate Sales Contract"
OSO CREEK LAND ACQ.
Parcel 2 [CC Land Venture Assoc.]
-3-
Tract II
Fieldnote description of
Section description
ionFlour Bluff20.770 acre tract
E.F.& G.T.),& Encinal of land out of Lots
Records A map of which Farm & Garden Tracts
of Nueces is recorded in Volume A, (F.B.&
described byCounty, Texas, and Pages 41-43, rl
metes and bounds as follows; being more Map
particularly
Beginning5/8"
wide strip iron rod set.
for the southeast corner
foot deed dated part land1conveyed by Mark P. of a
Records, Bratton to,Nueces 60
Nueces County,� 1987, recorded in Volume 2052, pa County
Rne of a Texas, said point beingPage 44, Deedy
county road; on the south boundary
Thence leaving the
ad,
6n° „ south boundary line
She °58' 2c0orner odistance of 376.45 feet to a f5/8" count
this tract; iron rod yset ofor
Thence parallel to and 460.00 feet
of
odd Field Road (Countynorthwest
Rodd to aof the centerline 97
5/8"iron rod setafor 9),an 29g0 point; a distance
angle point;
of 1697.97
Thence S 3°18'07"
Thr the W, a distance of 140.00 feet to a 5/8" iron rod set
point of curvature of a curve to the left;
Thence along said curve to the
34°16'27",c a radius of left which has a central
feet, a distance of 274.458.99 feet, and a tangent length angle 141.53 of
of tangency; a 5/8"iron g`h theh oom
rod set for point
Thence S 59°01'40" W, a distance
for the south corner of this tractf 73.18 feet to a 5/8" iron rod set
Thence N 01°17'12" W, a distance of
set for the west corner of this tract;
669.73 feet to a
5/8 iron rod
Thence N 31°03'25"
sethfor °0an'2leE, a distance of 1443.46 feet
e said an foot point,de said point beingto a "
on the south boundaryon rod
line
oThence along the south boundary feet line of said 60 foot
land, N 88°03'25 E, a distance of 98.63 wide strip of
to the point of
beginning
A map showing the location of the
crosshatching and coloringthe acquisition by
yellow is attached hereto andacquissitihin
for all purposes as "Exhibit A".
made a part hereof
"Real Estate Sales Contract"
OSO CREEK LAND ACQ.
Parcel 2 [CC Land Venture Assoc.]
-4-
2. The purchase price is Eight hundred Twenty-one
thousand Two hundred -fifty Dollars and no cents
[$821,250.00].
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
$10,000.00 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"
OSO CREEK LAND ACQ.
Parcel 2 [CC Land Venture Assoc.]
-5-
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, seek 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"
OSO CREEK LAND ACQ.
Parcel 2 [CC Land Venture Assoc.]
-6-
11. It is understood that the property described
herein is being purchased under the threat of eminent domain
proceedings.
12. SELLER shall reserve all oil, gas and other
minerals by whatever method produced or extracted, in and
under and that may be produced from the property, provided,
however, SELLER shall provide to BUYER good and sufficient
releases of the use of the surface to BUYER for any purpose
incident to the exploration, development, drilling,
producing, transporting, mining, treating, storing or any
other purpose incident to the development of the oil, gas
and other minerals in, on or under the property.
13. SELLER agrees to pay the Real Estate Agent, Garron
Dean and Associates, a commission of six percent [67] of
purchase price for handling this transaction.
"Real Estate Sales Contract"
OSO CREEK LAND ACQ.
Parcel 2 [CC Land Venture Assoc.]
-7-
EXECUTED in triplicate, either copy of which shall
constitute an original.
C. C. LAND VENTURE ASSOCIA
By:
/11.1111r
Henr . Ticker
General Partner
Dated this /7 day of
S ELLE R
CITY OF CORPUS CHRISTI, TEXAS
By:
Juan Garza
City Manager
BUYER
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
City Secretary
APPROVED AS TO LEGAL FORM THIS ( F5 DAY OF , 19 FFr .
HAL GEORGE, CITY ATTORNEY
By:�i(
/is ei? l..C,a((acus_
Assistant City Attorney
"Real Estate Sales Contract"
OSO CREEK LAND ACQ.
Parcel 2 [CC Land Venture Assoc.]
-8-
THE STATE OF TEXAS §
COUNTY OF NUECES §
his instrum t was a.knowledged before me on this
/r)�" day of � , 1988 by Henry L. Tucker,
General Partner for t - C. C. Land Venture Associates and on
behalf of said C. C. d Venture Associates.
Wat
Notary Public in and for
THE STATE OF TEXAS 1111
COUNTY OF NUECES 1f 1f 1(
of Texas
CONNIE PARKS
Notary Public, State of T
MY Commission Expires
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"
OSO CREEK LAND ACQ.
Parcel 2 [CC Land Venture Assoc.]
-9-
•�•�•.;
•••••.••••
••••••••••••••.'• ` `
♦•,•••••••••••••••••••♦•••••
••�••••••% •••moi
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section .3f
August 18, 1988
I certify to the City Council that $ 826,250.00 , 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. 551 Park Bond Fund
Project No. 551-86-12.01
Project Name Oso Creek Parkland Acquisition, Phaaa
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
Parcel 2
C.C. Land Venture Associates
Acquisition $821,250
Closing Costs 5,000
TOTAL: $826,250
1 ora, 3 '&- 1/
FIN 2-55
Revised 7/31/69
r/PAPle
I? , 19
..pcvfg.7tor o roan e
Corpus Christi, T : as
.304—h day of
The above resolution was passed by the following vote:
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
(IV J
atiL
0.& -ca
20443
, 198?