HomeMy WebLinkAboutC2020-397 - 8/18/2020 - Approved GF #_ 0111'1 V8
FIRST TITLE COMPANY
DEPARTMENT OF ENGINEERING SERVICES
Land Acquisition—92.241 ac.BCL
REAL ESTATE SALES CONTRACT
This Real Estate Sales Contract ("Contract") is entered into by and between EMILY JANE
BENICK,LINDA ELZNER ZALUDEK LONG,LISA JO ENCARGUEZ,LANCE JOSEPH
ELZNER, DAWN MICHELE BEADLES, VICTOR F. SIMCIK, JR., LEONARD R.
ELZNER,MARY JEANETTE BEARDEN,RICHARD SMITH,PATRICIA K.BENTLEY,
ELAINE A.STALLINGS,ELIZABETH L.SIMCIK,DENNIS ELZNER,STEPHEN JAMES
ELZNER, SANDRA GALLOPS, DEBBIE KUCERA, ANDY SIMCIK, MARY ELZNER
BOYD, MATTHEW SIMCIK, DEANNA HOWARD, AND REBECCA J. ELZNER,
collectively hereinafter called"Seller", and the CITY OF CORPUS CHRISTI,a Texas home rule
municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277,
hereinafter called"Buyer".
1. Property. Seller for the consideration and under the terms set out herein,agrees
to convey to Buyer the fee simple interest estate in the properties described below
together with all rights, privileges, and appurtenances pertaining to the property
situated in Nueces County,Texas,less and except the oil and gas mineral rights to the
properties:
A tract of land containing 92.241 acres out of Lot 4, Section 14 and Lot 1,
Section 16,BOHEMIAN COLONY LANDS. Such 92.241 acre tract of land
being identified in the records of the Nueces County Appraisal District under
account number 0847-0014-0045,Nueces County,Texas.
2. Purchase Price. At the closing,Buyer agrees to pay$3,000,000.00 cash to Seller.
3. Title Insurance. The Seller must provide, at Buyer's expense, a title insurance policy that
guarantees good and indefeasible title to the Property,without exceptions to title other than
the standard printed exceptions and exceptions permitted by the Buyer, and that wholly
insures and indemnifies Buyer against any title defects or adverse claims. A reliable title
insurance company or title guaranty company ("Title Company") must issue the title
insurance policy.The title commitment for title insurance must be delivered to Buyer within
thirty(30) days after receipt of the Contract by the Title Company,with the title insurance
policy to be timely issued after closing.
4. Warranty Deed and Closing Costs. At the closing. Seller must execute and deliver a
General Warranty Deed, drafted in accordance with the provisions of this Contract, that
conveys indefeasible title to the Property to Buyer,and Buyer must make the cash payment to
Seller. Buyer will pay one-half escrow fee, document preparation fees,and recording fees.
Seller will pay any costs to cure title,one-half of escrow fee, and deed preparation fee. At
closing,Seller must convey the Property with no liens,assessments,or any security interests
against the Property;and with no persons in possession on any part of the Property as tenants,
lessees, or tenants at sufferance, or trespassers.
1 SCANNED
5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and
including 2019. All property taxes for the year 2020,if any are due and payable or incurred
for the year,will be prorated between the Buyer and the Seller from January 1,2020 to the
date of closing. The prorated taxes are only an estimate indicated by a Tax Certificate
obtained by the Title Company and the Seller agrees to pay any shortages of property taxes
should they occur during the following year.
6. Earnest Money. Buyer deposits Seven Hundred Dollars and no cents ($700.00)with the
mutually agreed upon Title Company as Earnest Money,which will be applied to the balance
of the purchase price owing at closing; Buyer will pay the balance of the purchase price
owing at closing. When the Title Company possesses the executed deed,any other necessary
paperwork,and the balance of the cash payment,the Title Company will close and finalize
the conveyance in accordance with its customary procedure.
If Buyer fails to close on this Contract as set out herein,for any reason, Seller is entitled to
the Earnest Money as full and adequate liquidated damages for breach of this Contract. If
Seller fails to tender an executed deed conveying the Property in accordance with the terms
of this Contract, Buyer may seek to enforce this Contract by an action for specific
performance.
7. BLANK
8. Time for Performance. This transaction will be closed through a mutually agreed upon
Title Company at a mutually agreed upon date on or before ninety (90) days from the
effective date of this Contract. Seller shall give Buyer possession of the Property by
executing a General Warranty Deed.
Seller's execution of this Contract means that Seller has read and understands that this
Contract is not binding on Buyer until approved and accepted by the Corpus Christi
City Council and executed by the City Manager,or designee,on behalf of the Buyer.
9. Survives Closing. This Contract survives closing of the sale of the Property and the delivery
of the General Warranty Deed and other necessary documents by Seller to Buyer at closing,
and all terms and conditions remain in effect between Seller and Buyer.
10. 30-Day Inspection Period and Buyer's absolute right to cancel this Contract. For the
Option Fee of$300.00 paid by Buyer, in addition to the Earnest Money, Buyer shall
have thirty(30)days(the"30-Day Inspection Period")from the effective date of the Contract
to notify Seller of Buyer's election,in Buyer's sole discretion,to cancel this Contract in the
event that Buyer fmds the Property to be unacceptable for any reason. Buyer shall have
reasonable access to the Property during all normal business hours and Seller agrees to
cooperate with and assist Buyer in Buyer's inspection of the Property. Failure of Buyer to
deliver to Seller, within the 30-Day Inspection Period, written notice of Buyer's
determination that the Property is unacceptable and to terminate this Contract shall constitute
an election by Buyer to proceed with this Contract and a waiver of Buyer's right to terminate
this Contract on this basis.
2
a. Right of Entry.
(1) During the 30-Day Inspection Period and at Buyer's sole expense,Buyer or Buyer's
authorized agents shall have the right to enter upon the Property for purposes of the
following: appraisals, utility relocation, land surveys, environmental site analysis,
engineering studies, wetland studies, soil borings and soil analysis as Buyer may deem
necessary. Buyer shall not cause or permit damage or injury to the Property. Upon
termination of this Contract, Buyer shall promptly restore the Property to the condition
existing prior to any tests or studies conducted pursuant to this Contract. This obligation
shall survive the termination of this Contract, notwithstanding anything to the contrary
contained herein. Seller shall make available for Buyer's inspection and copying within ten
(10)days from the date hereof all reports,studies and tests in Seller's possession with respect
to the Property.
(2) In connection with Buyer's inspections, studies, and assessments, Buyer
must: (i)employ only trained and qualified inspectors and assessors; (ii)notify Seller, in
advance, of when the inspectors or assessors will be on the Property; (iii)abide by any
reasonable entry rules or requirements that Seller may require;(iv)not interfere with existing
operations or occupants of the Property;and(v)restore the Property to its original,condition
if altered due to inspections, studies, or assessments that Buyer completes or causes to be
completed.
(3) Except for those matters that arise from the sole negligence of Seller or Seller's
agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and
expense resulting from Buyer's inspections,studies,or assessments,including any property
damage or personal injury.
b. Environmental Condition of Property.
Definitions. "Environmental Law"shall mean any law relating to environmental conditions
and industrial hygiene applicable to the Property,including without limitation,the Resource
Conservation and Recovery Act of 1976, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986,the Federal Water Pollution Control Act,the Clear Air Act,the
Clean Water Act,the Toxic Substances Control Act,the Endangered Species Act,the Safe
Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all
similar applicable federal, state and local environmental statutes, ordinances and the
regulations,orders and decrees now or hereafter promulgated thereunder.
"Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste,
hazardous material, hazardous substance, or oil as defined in any Environmental Law
existing as of the date hereof.
Environmental Audit. Buyer shall have the right to cause an independent environmental
Y � p
consultant chosen by Buyer,in Buyer's sole discretion,to inspect the Property,including but
not limited to an Environmental Site Analysis(ESA)Phase I and Phase II,to determine the
condition of the Property, the presence of any Hazardous Materials and any apparent
violation of any Environmental Law (the "Environmental Audit") and to deliver a report
3
describing the fmdings and conclusions of the Environmental Audit. The cost and expense
of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals,or
at any time prior to closing Buyer otherwise becomes aware of the existence of any
environmental condition or violation of any Environmental Law which Buyer is unwilling to
accept or the Seller is unwilling to cure,Buyer shall have the right and option to cancel this
Contract and receive a full return of the Earnest Money.
11. Broker Commission. Seller is responsible for payment of all broker's fees and commissions
incurred in connection with the sale of this Property. The City is not represented by a Broker
and will not pay any commissions.
12. Possession. At the Closing,the Property will be conveyed free of the rights of possession of
any third parties in or to the Property except for valid easements,if any,filed of record and
currently in force and effect. Any possession by Buyer before closing or by Seller after
closing that is not authorized by a separate written lease agreement is a landlord-tenant at
sufferance relationship between the parties.
13. Representations and Warranties.
By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following
representations and warranties,all of which will be true and correct as of the effective date of
this Agreement and as of the date of closing:
Authority;No Conflict. Seller has the absolute and unrestricted right,power and authority to
execute and deliver this Contract and the documents to be executed and delivered by Seller in
connection with the closing of the transactions described in this Contract(such documents
being collectively referred to herein as "Seller's Closing Documents") and to perforin its
obligations under this Contract and the Seller's Closing Documents. Seller shall present to
the Buyer and/or the Title Company,if necessary,all reasonable evidence of such authority
which may be requested by either of them. The execution and delivery of this Contract and
Seller's Closing Documents, the consummation of the transactions described herein, and
compliance with the terms of this Contract will not conflict with, or constitute a default
under,any agreement to which Seller is a party or by which Seller or the Property is bound,
or violate any regulation, law, court order,judgment, or decree applicable to Seller or the
Property,except as otherwise expressly provided herein.
No Litigation or Proceedings. Seller has no knowledge of any pending or threatened
litigation,condemnation,or assessment affecting the Property.
Environmental Representations. Except as otherwise expressly provided herein, Seller has
no knowledge that the Property contains Hazardous Materials(as defined in Section 10(b)),
contains any underground storage tanks,or is not in full compliance with any Environmental
Law(as defined in Section 10(b)).
Title to Property. Seller has full and complete fee simple title to the Property,subject only to
the liens and encumbrances, if any, disclosed on the commitment to be furnished to Buyer
hereunder.
4
No Options. No person,corporation,or other entity has or,on the date of closing,shall have
any right or option to acquire the Property.
Compliance. Seller has not received any notice from any governmental agency regarding the
Seller's or the Property's non-compliance with any applicable laws,ordinances,regulations,
statutes,rules and restrictions relating to the Property.
14. Mineral Reservation. The sale of the Property is without minerals. Seller reserves unto
itself all of its right,title and interest in and to the oil,gas and other minerals in,on,or under
the Property but waives any and all rights of ingress and egress to the surface thereof for the
purpose of exploring,developing,mining or drilling for the same;provided,however,that
operations for exploration or recovery of any such minerals shall be permissible so long as all
surface operations in connection therewith are located at a point outside the above described
property and upon the condition that none of such operations shall be conducted so near the
surface of said Property as to interfere with the intended use thereof.
15. Notices. All Notices between the parties under this contract must be in writing and are
effective when hand delivered,or deposited for mail by certified mail,or deposited by
regular mail,to the following:
To Seller:
KW Coastal Bend
Keller Williams Realty
Attn: Alan Doty
4815 Everhart, Suite 101
Corpus Christi,Texas 78411
To Buyer:
City of Corpus Christi
Attn: Director of Solid Waste
P.O.Box 9277
Corpus Christi,Texas 78469-9277
16. Essential. Time is of the essence in closing this transaction.
17. Effective Date. The effective date of this Contract is the date in which the Contract is
signed by the Buyer.
This contract is executed in triplicate and in counterpart, any of which constitutes an original.
[SIGNATURE PAGES FOLLOW]
5
SELLER:
EMILY JANE BENICK
roc
THE STATE OF MISSOURI++ §
COUNTY OF Pl cl §
This instrument was acknowledged before me on (� U s201 ,2020
by Emily Jane Benick.
/9„.3.Z.J71.1,0
Notary Public in and for the State of ('iti dor,'
[Seal]
BRANDON FOAT
Notary Stateoof Missouri
Seal
Clay Countyty--
Commission Number 16179297
My Commission Expires Mar 3,2024
6
SELLER:
LINDA ELZNER ZALUDEK LONG
'nen_
- pecyr
THE STATE OF TEXAS §
COUNTY OF ?Ju(rtCt §
This instrument was acknowledged before me on AUC3 USA' 2.4441 ,2020
by Linda Elzner Zaludek Long. J
Notary Public in and for the State of -Te Aas
jc ;*
cge a BRITTANI ANN WELCH '
NOTARY
E EXAS
OF TBLIC
* STATPU
�IA�F of #1
My ComIDm.Expires 0931731483
/17/2022
7
SELLER:
LISA JO ENCARGUEZ
1 �
THE STATE OF TEXAS §
COUNTY OF FORT BEND §
This instrument was acknowledged before me on AVO U st 2i2 ,2020
by Lisa Jo Encarguez.
LA:ArtsiLej
Notary Public in and for the State oft
-exas
6„.. POa.. BARBIE KENNEDY
Notary ID#128800546
9�o(,,, My Commission Expires
November 18,2023
8
SELLER:
LANCE JOSEPH ELZNER
THE STATE OF TEXAS §
COUNTY OF MAVERICK §
This instrument was acknowledged before me on AV lam l 01-5 ,2020
by Lance Joseph Elzner.
Notary Public in and for the State of Tt,e_c
4 ♦ppv Poe( GUSTAVO GALVAN
Notary b#130206249 I
.„4.4t��� My Copril 28mmission2023 Expires
or� A ,
•
9
SELLER:
DAWN MICHELE BEADLES
THE STATE OF TEXAS §
COUNTY OF FORT BEND §
This instrument was acknowledged before me on P) £i U J 7 2 ,2020
by Dawn Michele Beadles.
rj,..„c„0
Notary Public in and for the State off F r1-3
.+r"'w ASISKUMAR.8AMANBHA.I PATEL
: �_No?ary Pblic,State of Texas
*1:16, Comm. Expires 07-13-207.3
t'. F'oF . Notary ID 128578910
;;;;rte.
10
SELLER:
VICTOR F. SIMCIK,JR.
61).(;tv 1/, ',GS‘J Q/
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me onT ,2020
by Victor F. Simcik,Jr. `'
/ � 4
i
ry Puor theStateof1.1b1: inand
�..............................
\o,, P 11 YOLANDA GUAJARDO
:f:°\ zNotary Public, State of Texas
='�•. Comm. Expires 07-18-2024
'',mor` Notary ID 12038617
41;4111& ,AINIMOINIIIs
11
SELLER:
LEONARD R. ELZNER
.1 / _//�`
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on 4e-t,71- ?-d-- ,2020
by Leonard R. Elzner.
Notary Public in and for the State of /Pt t,s
..s`,'vv,,, MELANIE A CONNER
_/
s�s Notary Public,State of Texas
sg Comm. Expires 0&19-2023
�'''a°qN`�� Notary IDi 1162144-4
12
SELLER:
MARY JEANETTE BEARDEN
1)? 'R : 4 A 3e-etAIJ
(/ V
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ACZI C15 7- c_)42.... ,2020
by Mary Jeanette en.
Notary P lic in a•d for the State of � a..,-J
l�Y:;;',, REBECCA YVONNE CHAMBIISS
e.
B:°°•:l:,H;Notary Public.State of Texas
i l )4:c Comm.Expires 04-29-2024
'',0;4;,;;•`4' Notary ID 124581513
13
SELLER:
RICHARD SMITH
f r
THE STATE OF TEXAS §
COUNTY OF FORT BEND §
This instrument was acknowle d before me on Au S . 5 / ,2020
by Richard Smith. ij
•••.UB i SHRENIK PATEL 1
e 'PY
•
_i 4p' ;�=Notary Public,State of Texas
c--� 9 :+e Comm. Expires 06-27-2021
Notary Public in and for the State of 1 L Notary ID 129472676
14
SELLER:
PATRICIA K. BENTLEY
711 - hdLTHE STATE OF TEXAS §
COUNTY OF BURNET §
This instrument was acknowledged before me on AtAurvi 2 5 a f) (j ,2020
by Patricia K.Bentley.
•
L�l/I�vrL/�� l/L21�
Notary Public in and for the State of IIAUU 5
"It--; MN BAUER
:1 My Notary D 1131180802
Enires Jemmy 29,2023
15
• SELLER:
4 ELAINE TALL/,- GS
/i #
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on A 5.-F 25 Lit
,2020
by Elaine A. Stallings.
110#11'
•
Notary Public in and for the State of Widi
c"st• JOSHUA JAMES REED
NOTARY PUBUNTATE OF UTAH
1.11 COMMISSION*703768
,9** COMM.EXP. 12-18-2022
• 16
I .
SELLER:
ELIZABETH L. SIMCIK
-
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ,9 2020
by Elizabeth L. Simcik.
Notary Pub m and for the State of
REBECCA YVONNE CHAMILISS
W--Notary Public, State of Texas •
Comm. Expires 04-21-2024
-'e40;,%``% Notary ID 124511513
dosemoommammeemommomminmemeoPftow
17
SELLER:
DENNIS ELZNER
.M4441.4) _fhlr-4/
THE STATE OF TEXAS §
COUNTY OF NUECES § //
This instrument was acknowledged before me on AGlgel674 � ,2020
by Dennis Elzner.
Notary Public in and for the State of 75
'"Y° " MARIO MONTALVO
My Notary ID#131724400
^ ;5•F s Expires September 17,2022
18
SELLER:
STEPHEN JAMES ELZNER
,AL/11/"ZTHE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on At15 T1 )-- / ,2020
by Stephen James Elzner. ,/
Notary Public in and for the State of 7fIPe 5
; MARIO MONTALVO
*= My Notary ID#131724400
..";•-'4•••4•V Expires September 17,2022
19
SELLER:
SANDRA GALLOPS
THE STATE OF FLORIDA §
COUNTY OF ,9u M T+=2 §
This instrument was acknowledged before me on o`� 6 .4 L U S i ,2020
by Sandra Gallops.
VO-get17-41. Aier,e4x
Notary Public in and for the State of FL d r I U4-
4:1••\7t:;:-",.
ROBERT F.LE BLANC
=,' \t'<:' Notary Public-State of Florida
. fi Commission r GG 126941
__,.•01"1 '41;• My Comm.Expires Jul 23.2021
'n!... Bonded through National No1rrYAssn.
20
SELLER:
DEBBIE KUCERA
/40/12-6-e-t kLo.io.P A Qt
I �`%mu" DEREK MENTOCK
THE STATE OF TEXAS § °�"��Pim'
Notary Public,State of Texas
Comm.Expires 06-01-2021
COUNTY OF TRAVIS ''`°°f �`
§ 'v,,,,,,r Notary ID 13115406-1
This instrument was acknowledged before me on AV. k
)5-k- aJ}h ,2020
by Debbie Kucera.
Notary Public in and for the State of TX
21
SELLER:
ANDY SIMCIK
014411'J
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ii.A.44 .5 ,2020
by Andy Simcik.
1)1
Notary Public in and for the State orexc 5
�^ SANDRA M LOPEZ
1 _�` Notary ID#11627536 0
4 s,���/r My Commission Expires 1
4 or tJune 17, 2023
--
22
SELLER:
MARY ELZNER BOYD
aitfgaeiS
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on t 1(,kclot 96, ,2020
by Mary Elzner Boyd.
yo,(424 --hump&
Notary Public in and for the State of iex
�Y psi
g w 71: :% LAUREN A.MUNGUIA
i� .:;1 My Notary ID#128770711
Expires April 13 2021
23
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SELLER:
MATTHEW SIMCIK
4
THE STATE OF TEXAS §
•
COUNTY OF NUECES §
This instrument was acknowledged before me on S-ep ,.O e•�'' 7 ,2020 ,
by Matthew Simcik.
Notary Public in and for the State of,----?� '
IllimIlinillimillimallipellimilliminilliallasillOMIIIIIMMIMIllin
•
..``ara1/1. JAMES L. CASON, III
2°°• *.- Notary Public,State of Texas
...V.. 'Q.F Comm. Expires 11-12-2021
1....:74....1..,,#Of .
'''irgit . Notary ID 11037255
. r ,
•
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24
SELLER:
DEANNA HOWARD
THE STATE OF CALIFORNIA §
COUNTY OF, O.. §
This instrument was acknowledged before me on SeN)1\--Q-AMCRY.
) ,2020
by Deanna Howard.
\cy
Notary Public in and for the State ofAQYNG\-
c°�''�r� T►iE1;. ANN 1114GER N
►�, COMM.# 2290136
` :� No N01ARY Pl BUC•CAUfORNIA
N ��a! $ACRANENTO COUNTY
to,
.Coin.Exp.
MAY 26,2023'''
25
SELLER:
REBECCA J. ELZNER
, /
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on /-41-1,P5,/ 51&p�v2 2020
by Rebecca J. Elzner. n
z,..,.: 6-114\.4.2\_
Notary Public in and for the State of 7-6449-"_<
�
���•`�y,`"ro"�a,� MELANIE A CONNER
::4:' 1�,=Notary Public,State of Texas
.0.$ Comm. Expires 05-19-2023
`� Notary ID 1182144-4
26
BUYER:
CITY OF CORPUS CHRISTI,TEXAS
Department of Engineering Services
P. O. Box 9277
Corpus Christi, Texas 78469-9277
7.17
Michael Rodriguez
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on !, -4—O,b t' ,2020
by Michael Rodriguez as Chief of Staff for the City of Corpus Christi, a Texas municipal
corporation, on behalf of said corporation.
•
• ary Pub 'c in and fo %tate of Texas
x.... Bobby C. Harraid,Jr. I
*! i* Notary Public,State of Texas
I Corrin.Expires 12!10!22
NOID 8000753
APPROVED AS TO LEGAL FORM,THIS 19 DAY OF August ,2020.
FOR THE CITY ATTORNEY
90 2020.08.19 11:47:09
By:_ -05'00'
Janet Whitehead, Assistant City Attorney
CITY LEGAL DEPARTMENT
AU I MUKiLt►
ATTEST
REB CCA HUERTA _ rf CUM I �I
CITY SEREfiARY 27
SEIFTARY
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CONTRACT RECEIPT
Receipt of the Contract is acknowledged.
ii i.T 11 - , /► ; K11,6 n &4 r - lite Lb.to nY `DI 13 Fzozo
Escrow Agent Jab►• , Email Address Date
5401. 148114 (14, Vie. a s C (ii,) qi 3 ao3
Address Phone
eptip.ts ( ns+t ,. WitI (341 ) a413- 1as4
City State Zip Fax