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Home My WebLink About020452 RES - 09/20/1988A RESOLUTION AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 15 IN CONNECTION WITH THE MARY CARROLL CHANNEL WIDENING 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 Parcel 15 in connection with the Mary Carroll Channel Widening Project, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. ATTEST: APPROVED: DAY OF Scr1 . , 197Z HAL GEORGE, CITY ATTORNEY By Ass' taut City Attor 207JB014.res ./ YOR THE CITY OF CORPUS CHRISTI, TEXAS 20452 MICROFILMED City of Corpus Christi, Texas Property and Land Acquisition Division REAL E S TAT E 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 DR. BYRON N. COWARD, 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, WITNESSETH: 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" MARY CARROLL CHANNEL WIDENING Parcel 15 [Coward] Page 1 of 8 b&-tof Being a 0.36 acre tract of land out of Lot 22, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, shown by plat in Volume A, Pages 41-43, Map Records, Nueces County, Texas and being further described as follows: Beginning at a point being South 29 degrees West, 20.00 feet and North 60 degrees 59 minutes West, 37.50 feet from the original easternmost corner of Lot 22, said original easternmost corner being also a point on the centerline of 40 soot wide Wooldridge Road and said point of beginning being also a point on the southerly right-of-way of said Wooldridge Road; Thence South 29 degrees West, 645.94 feet to a point; Thence South 40 degrees 50 minutes 30 seconds West, 109.64 feet to a point; Thence North 29 degrees East 753.25 feet to a point on the southerly right-of-way of said Wooldridge Road; Thence South 60 degrees 59 minutes East, along said right- of-way 22.50 feet to the point of beginning and containing 0.36 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" MARY CARROLL CHANNEL WIDENING Parcel 15 [Coward] -2- 2. The purchase price is Twenty-nine thousand Seven hundred Thirty-two Dollars and no cents [$29,732.00]. 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 $1,400.00 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" MARH CARROLL CHANNEL WIDENING Parcel 15 [Coward] -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, 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" MARY CARROLL CHANNEL WIDENING Parcel 15 [Coward] -4- 11. It is understood that subject property is being purchased under the threat of eminent domain proceedings. 12. SELLER represents that the property has been appraised qualified Code by and taxed for ad valorem [real estate] taxes as open -space land under Section 23.51 of the Tax Nueces County in 1979, and by all taxing authorities. BUYER shall be liable for any additional tax, plus interest and any penalties thereon, which may be imposed or assessed by all taxing authorities due to change of usage or ownership. 13. One foot [1'] berm will be constructed at top of slope to prevent erosion. "Real Estate Sales Contract" MARH CARROLL CHANNEL WIDENING Parcel 15 [Coward] -5- EXECUTED in triplicate, either copy of which shall constitute an original. Dr. Byron N. Coward Dated this By: day of S ELL E R CITY OF CORPUS CHRISTI, TEXAS , 1988. Dated this Juan Garza City Manager day of , 1988. BUY E R ATTEST: ARMANDO CHAPA, CITY SECRETARY City Secretary APPROVED AS TO LEGAL FORM THIS 1 DAY OF V� , 1988. HAL GEORGE, CITY ATTORNEY By: .. t.u,u.C-ti- CA.il &Wi i f - A1,so, Cial(awn y Assistant City Attorney "Real Estate Sales Contract" MARY CARROLL CHANNEL WIDENING Parcel 15 [Coward] -6 - THE STATE OF TEXAS § COUNTY OF NUECES § This instrumen was acknowledged before me on this /5tL day of Coward. , 1988 by Dr. Byron N. n and for the State of Texas THE STATE OF TEXAS 111111 COUNTY OF NUECES 1(1f 1f 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" MARY CARROLL CHANNEL WIDENING Parcel 15 [Coward] -7- Revised - received 6-24-87 z UJ 0 OC Q CD 06 WOOL DRIDGE ROAD S 60°59' E 22.5' N��'�Orlginal Easternmost Corner Lot 22 375 375' -J Q 0 w SECTION 19 in d - N O) tri in '0 c0 0 O) N CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RIGHT OF WAY/ EASEMENT ACQUISITION OWNER: DESCRIPTION: Parcel 15 PROJECT: Mary Carroll Ditch xDadsion DATE: 1/16/87 SCALE: 1 = fi0 BY' L AREA = 0.36 Ac O cr EXHIBIT A "Real Estate Sales Contract" MARY CARROLL CHANNEL WIDENING Parcel 15 [Coward] Page 8 of 8 99.066.01 Corpus Christi, ; xas (96411 day of a° • ' The above resolution was passed by the following vote: Betty N. Turner 01002/11€ ��"" ��00�� 2 David Berlanga, Sr. 0U Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Obit} Mary Pat Slavik Linda Strong O1Q'LIJL 20452 198 g