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Home My WebLink AboutC2005-186 - 3/31/2005 - NA DEPARI'MENT OF ENGINEERING SERV ICES property and Land Acquisition Division Cimarron/Yorkmum W~tewater Lift Slalion '(Mss (ww), Proj.//7285 REAL ESTATE SALES CONTRACT ]'HE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALI. BY THESE PRESENTS 'lhis Contract is entered into by Grace Presbyterian Church of Corpus Christi, Texas a Texas Non-Profit Corporation, by and through its duly authorized Board of Trustees. whose address is 6301 Yorktown, Corpus Christi, Nueces County Texas 78414 ("Seller") (COLLECTIVELY) and the City of Corpus Christi, a Texas home rule municipal corporation, whose address is P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 ("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 is described by metes and bounds on the aRached and incorporated as Exhibit "A" and shown on a map at~ached and incorporated as Exhibit "B". (Premises) 2. Purchase Price. $9.308.00 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 any 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 policy. 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. Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller must execute 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. Buyer will pay all Closing Costs except costs to cure title, which must be paid by Seller. Taxes. Seller must pay all taxes related to the Property up to and including 2005. All ctmcnt taxes, if any, will be prorated between the Buyer and the Seller for 2005 to date of Closing. Tho .... ti,,,, ;~ ~,,,ly an estimate and the Seller will be responsible for any shortage when 2005-186 ~'or 2005. 03/31/05 Grace Presbyterian Church 10. 11. Earnest Money. Buyer deposits $500 xvith the 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 the transaction in accordance with its customary procedure. If Buyer tails to Close on this Contract as set out herein, for any reason other than title defects, Seller is entitled to the Earnest Money as liquidated drainages 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 peflbrmance. Restrictions on Title. Buyer accepts title to the Property subject to all recorded restrictive covenants and use restrictions, if any, and all applicable City zoning regulatory ordinances, Time for Performance. This transaction will be Closed through the Title Company on or before 90 days from the date of this Contract. Seller gives Buyer possession of the Property by executing the 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 properly executed by the City Manager of the City of Corpus Christi, Texas or his designee. Buyer must execute this Contract within 60 days from the date of Seller'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 General Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effecl between Seller and Buyer. Eminent Domain. Buyer is purchasing the Property from Seller under the threat of Eminent Domain. Contractor's Permission to Proceed. Thc Contractor is permitted to proceed with construction on subject Premises upon execution of this Contract by all parties. 12. Essential. Time is of the essence in closing this transaction. Executed in triplicate, any of which constitutes an original. SELLER Grace Presbyterian Church of Corpus Christi, Texas By: ~a- 6'~ ~"d'~- Date: Name: ~-,~ T/4 ,4 A d- · 7- . TRUSTEE Name: ' ./I/C/,d',r'7.4~/ , TRUSTEE By: ~ ~~. ,~ ~f Date: Name: ,/---~,,~ /4/;/z T, A. Y&X! ,TRUSTEE Nm-ne: ~,~/gg__ ,.J. [,~//t-&7-~L~v°% .TRUSTEE FHE STATE OF TEXAS § COUNTY OF NUECES § 1'HIS INSTRUMENT was acknowledged before me on this, the /~3 XS' c/P/, 2005, by'~V~,~/~>4 ~4 ,~ d~/7-7~ "~' zT/ day of ,TRUSTEEof GRACE PRESBYTERIAN CHURCH OF CORPUS CHRISTI, TEXAS, a Texas Non-Profit Corporation, on I:~l~aIf4~f~i~p~*oration. · la',..&., ~i State of TexaS . ~ ~ Iq,. ~ {'-~ My Commission Expires ~ ~ ....... ; ...... ~. No~ Public in ~d for ~e ~te of Tex~ THE STATE OF TEXAS § COUNTY OF NUECES § ]'HIS INSTRUMENT was acknowledged before me on this, the /~?///SL;~'F'~ ,2005, by x_) t',~,~/'~ ~ ~,~/'//'~- dayof · TRUSTEE of (;RACE PRESBYTERIAN CHURCH OF CORPUS CHRiSTI, TEXAS, a Texas Non-Profit Corporation, on behalf of said Corporation. ~% Carmen Maxson ~ ~ ~ ~ * ~ Stale ol Texas ~ ='- %~ ~ My Commission Expires Notary Public in and for the State of Texas THE STATE OF TEXAS COUNTY OF NUECES § THIS INSTRUMENT was acknowledged before me on this, //)///]-~_ dC/ , 2005, by ~__~,~:..~//,/N, //~, the day of TRUSTEE of GRACE PRESBYTERIAN CHURCH OF CORPUS CHRISTI, TEXAS, a Texas Non-Profit Corporation, on behalf of said Corporation. N o(2u/Jl:~an'"d for~hte State o f Texas THESTATEOFTEXAS § COUNTY OF NUECES FHIS INSIRUMENT was acknowledged belbre me on this, the__ . f/*~''~vt day of //~/~d'~/f ,2005, by d~Y~:-,~'?Z.d__ O, [&,/~&7-~--,~5, TRUSTEEofGRACE PRESBYTERIAN CHURCH OF CORPUS CHRISTI, TEXAS, a Texas Non-Profit Corporation, on behalf of said Corporation. ..,~.~,,~ O~IClAL S~L [~ ~ Carmen M~son · ~ I S~eolTexas I~l~,~.,~ My Commission Ex,ir~s d %,,,~,,,,~ Auousl 6, 2007 Notary :u:i~//.~ in and ~or thc S, Late of Texas~ ~]]/~.~'~.~ f~ _~r-~ BUYER CITY OF CORPUS CHRISTI, TEXAS ! /~A~gcl R. Escobar~ P.E., Director Department of Engineering Services APPROVED AS TO LEGAL FORM THIS .5 / DAY OF For the CITY ATTORNEY ,2005. Joseph Harn~y Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § qlais instrument was acknowledged before me on ~2'C/~' -3 / ,2005 by 'Angel R. Escobar, P.E., as Director of Engineering Services of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. '~ot,~'y Public in and for the ?_..~ of Texas STATE OF TEXAS § COUNTY OF NUECES § 50' X 110' NEW LIFT STATION SITE FIELD NOTES to describe the boundary of a new 50' x 110' lift station site out of Lot 3, Block 1, Kings Crossing Unit l, Phase 3 as recorded in Volume 51, Pages 143 through 156, Map Records, Nueces County, Texas and also being out of Lot 24, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43 of the Map Records, Nueces County, Texas, said 50' x 110' lift station being more particularly described by metes and bounds as follows; BEGINNING at a 5/8" steel rod found io the northwest right-of-way of Cimarron Boulevard (80' r.o.w.) for the south comer of Lot 2 in said Block 1, the east corner of said Lot 3 and the east comer of this site; TgIENCE, S-29°-02'-50"-W, along said right-of-way line, a distance of 50.00' to a 5/8" steel rod set for the south corner of this site; THENCE, N-60°-57'-10"-W, a distance of 110.00' to a 5/8'steel rod set for the west corner of this easement; THENCE, N-29°-02'-50"-E, a distance of 50.00' to a 5/8" steel rod set in the common line of said Lots 2 and 3 for the north corner of this easement; TltENCE, S-60°-57'-10"-E, along said common line, a distance of 110.00' to the POINT OF BEGINNING and containing 5,500 square feet (0.126 acres) of land, more or less. These field notes represent a survey made upon the ground under my direction and are true and correct to the best of my knowledge. Accompanying plat prepared. t6- za q ate David L. Nesbitt, R.P.L.S. # 5302 COYM, REHMET & GUTIERREZ ENGINEERING, INC. Job No. 9570c Exhibit "A" NOTES: I. SET~'STEEL ROD AT ALL CORNERS UNLESS OTHERWISE SHO~N. 2. NO EASEblENT RESEARCH HA5 BEEN PERFORm, lED BY COYM, REHblET & GUTIERREZ J. AECOt, IPANYING FIELDNOTES PREPARED. 4. BEARING ~tATCH THOSE SHOWN ON THE PLAT OF LOT 3. LOT 3, BLOCK '1 KINGS CROSSING UNIT PHASE 3 ~R)L~ PR~F:~YI'F-RIA~q CHURCH POC, ~0, ~Te~e20,R,N,d,r EX/ST. ARFA5 N2..~.O2'50:_E .L~12.o(7 DESCRIPTION SO. FT. ACRES ?, %, ~'/~/ ?-/-,,%--~ ~ AEP UFT STATION 5~E ~EA 5~40 UFT STATION SITE ~EA I~ 0~38 ~SIDE EX/~/NG E~E~E~TS I NEW UTILITY EASEMENT 2,495 0~57 TE~R~ ~NSTRUCTION 8250 0J89 E~E~ ....... 7 52~02 5~ EX/STING 7' CP&L ~ASEMENT ~ L E~T COR LOT ~,BLK. I CI~ARRON BL VD. (80' R.O.W.) P.O~. UFT ST~ S UR VEY PLA T SCALE: 1': 60' SHOWING A 110'X 50' LIFT STATION SITE, A 4g' x 52' UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT, ALL OUT OF LOT 3, , JOB ' 9570C · C/R~ Coym, llehmet ~ gulicrr~z Engineering, Inc, C~, ~G.~j ~ S.,h s**~, Sui,~ Corpus Christi, Texas Phone {%l)99h8550 lox 993-7569 I1' e~il crge~int er ~onne~f.neT ..AOADD JOBS~B000~B57~LS~P.dgn ~/~/2004 02:5g:~8 PM Exhibit "B'