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HomeMy WebLinkAboutC2005-034 - 1/18/2005 - ApprovedReal Estate Sales Contract THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This Contract is entered into by the City of Corpus Christi, a Texas home rule municipal corporation of 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78469-9277 (Seller) and William Robert Anderson, III and Andrew Lehrman of 1001 Third Street, Suite 1, Corpus Christi, Nueces County, Texas 78404 (Buyer), Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the following described property situated in Nueces County, Texas: The tract of land containing 2,226.6 square feet described by metes and bounds on the attached and incorporated as Exhibit A and shown on the survey map attached and incorporated as Exhibit B. 2 Purchase Price. $4,800 in cash. Title Insurance. Title insurance is optional. If required by Buyer, then 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 under this Contract, 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 pohcy. The title commitment for title insurance must be delivered to Buyer within 30 days after receipt of the Contract by the title company, with the title insurance policy to be timely issued after Closing. If Title insurance is not required by Buyer, then Seller will execute a Special Warranty Deed to Seller, upon which Seller will record at the County Clerks Office of Nueces County, Texas. 4 Special Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller must execute a Special 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. Seller will pay all Closing Costs associated with the closing, except for the cost of the title policy, which will be paid by Buyer. Taxes. The described property is currently tax exempt. Buyer agrees to assume and pay property taxes fi.om the day of closing to the end of the current year and all yea.rs thereafter. 2005-034 01/18/05 Ord026108 Anderson, III William Robert et al Buyer deposits $500 with the Title Company as Earnest Money, which 1 of 7 7 10. 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 the transaction in accordance with its customary procedure. If Buyer fails to Close on this Contract as set out here~n, for any reason other than title defects, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. Seller may seek to enforce this Contract by an action for specific performance. 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. Restrictions on Title. Buyer accepts title to the Properly subject to all recorded resthctive covenants, easements, and use restrictions, if any, and all applicable City zoning regulatory ordinances, if any. Time for Performance. This transaction will be closed through the Title Company on or before 30 days fi.om the date of this Contract. Seller gives Buyer possession of the Property by executing the Special Warranty Deed. Buyer's execution of this Contract means that Buyer has read and understands that this Contract is not binding on Seller untd properly approved by the City Council and the contract executed by the City Manager of the City of Corpus Christi, Texas or his designee. Seller must execute this Contract within 15 days fi.om the date of Buyer's execution of this Contract or this Contract is void. Survives Closing. This Contract survives closing of the sale of the Property and the delivery of the Special Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seller and Buyer. Time is of the essence in closing this transaction. Executed in triplicate, any of which constitutes an original. Seller CITY OF CORPUS CHRISTI, TEXAS City Manager 2 of 7 ATTEST: ARMANDO CHAPA, CITY SECRETARY APPROVED AS TO LEGAL FORM THIS f.3 DAY OF For the CITY ATTORNEY Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § was a~knowledged before me on ~0AA. A-x-O~ ~ ,2005 This instrument by George~anager of the City of Corpus Christi_~Texas municipal corporation, on behalf of said corporation. ,~_ -~- ,~ C- ½,, N¥~vt4~e~ Notary Public in and for the State oTTexas [Seal] Buyer 3 of 7 Andrew Lehrman THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on by Wi,Ilium Robc. t Aa, tdomom III. Notary Public in and for the State of Texa~ [Seal] THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on by Andrew Lehrman. Notary Public in and for the State of'Texas ,2005 ,2005 [Seal] '~ ~BRENDA LEE MARROQUIN ~ ~.~,,,~ STATE OF TEXAS q ~ My Camm. Exp. 05-23-2006 4 of 7 BRAYTON ADDITION LOT 2, BLOCK 2 SURPLUS PROPERTY STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 2,226.6 SQ.FT (0.051 Acres) of land out of Lot 2, Block 2, Brayton Addition, as recorded in Volume A, Page 20 of the Map Records of Nueces County, Texas. This 0.051 Acre tract being more particularly described by metes and bounds as follows: BEGINNING at a Found 5/8" Iron Rod at the southwesterly comer of Lot 3, Block 2, Brayton Addition, as recorded in Volume A, Page 20 of the Map Records of Nueces County, Texas; THENCE NSl°20'40"E along the southerly boundary hne of saxd Lot 3, a distance of 135.22' to a Found 1" Iron Pipe on the westerly right-of-way line of Carancahua Street, being the northeasterly comer of this tract; THENCE S01°35'40"E along the westerly right-of-way line of Caraneahua Street, a distance of 5.09' to a Set 5/8" Iron Rod with Plastic Cap Stamped "City of Corpus Christi, TX" on the northerly right-of-way line of Agnes Street, being the southeasterly comer of this tract; THENCE S70°24'00"W along the northerly right-of-way line of Agnes Street, a distance of 50.01' to a Set 5/8" Iron Rod with Plastic Cap Stamped "City of Corpus Christi, TX" at the beginning of a non-tangent curve to the right whose radius point bears N25°54'3?"W a distance of 160.95'; THENCE continuing along said right-of-way line and curve having a radius of 160.95', an arc length of 28.86', and a cen~al angle 10°16'21" to a 5/8" Iron Rod with Plastic Cap Stamped "City of Corpus Christi, TX"; THENCE S80°24'00"W continuing along said right-of-way line, a distance of 60.00' to a Set 5/8" Iron Rod with Plastic Cap Stamped "City of Corpus Christi, TX~' on the easterly boundary line of land o£ Savannah Robinson as recorded in Document Number 1996040013 of the Official Public Records of Nueces County, Texas, being the southwesterly comer of this tract; EXHIBIT a 5 of 7 THENCE N01°35'40"W along the easterly boundary line of said Robinson, a distance of 21.75' to the POINT AND PLACE OF BEGINNING and containing 2,226.6 Square Feet (0.051 Acres) of land. Bearings are with reference to Plat of the Brayton Addition, as recorded in Volume A, Page 20 of the Map Records of Nueces County, Texas State of Texas County of Nueces 1. Russell Ochs, a Registered Professional Land Survcyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. This the 4TM day of November, 2004. Russell D. Ochs State of Texas License No. 5,241 6 of 7 EXHIBIT A O~ ~ o~£ m~O m z~ /0! / EXHIBIT