HomeMy WebLinkAboutC2005-657 - 12/13/2005 - Approved
DEPARTMENT OF ENGINEERING SERVICES
Property and Land Acquisition Division
2238 Club Estates Channel Imp Ph2 -0-
Real Estate Sales Contract
rHE STATE OF TEXAS *
KNOW ALL BY THESE PRESENTS
COUNTY OF NUECES *
This Contract is entered into by Nueces Real Estate Partnership, LP., a Texas Limited Partnership of
13913 Dasmarinas, Corpus Christi, Nueces County, Texas 78418 (Seller) and the City of Corpus
Christi, a Texas home rule municipal corporation, 1201 Leopard, Corpus Christi, Nueces County,
r exas 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 attached
and incorporated Exhibit A.
-,
Purchase Price.
$73,535
1 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 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.
-+. 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. Buyer will pay aU Closing Costs except Special Warranty Deed
preparation and costs to cure title, which must be paid by Seller.
). T axes. Seller must pay all taxes related to the Property up to and including 2004. All current
taxes, ifany, will be prorated between the Buyer and the Seller for 2005 to date of Closing.
The proration is only an estimate and the Seller will be responsible for any shortage when the
taxes come due for 2005.
2005-657
12/13/05
M2005-407
Nueces Real Estate Partnership
'stales Channel Imp. Phl -0- '04d (Bryan Holmes) RESC revisedJeo.doc
o Earnest Money. Buyer deposits $500 with 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 fails to Close on this Contract as set out herein, for any reason other than title
detects, 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.
7
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, if
am.
x
Time for Performance. This transaction will be closed through the Title Company on or
before 30 days from the date of this Contract. Seller gives Buyer possession of the Property
by executing the Special 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 autborized by tbe City Council and
executed by tbe City Manager of tbe City of Corpus Cbristi, Texas, or bis designee.
Buyer must execute this Contract within 30 days from the date of Seller's execution of this
Contract or this Contract is void.
q Su rvives Closing. This Contract survives Closing ofthe 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.
10. Eminent Domain. Buyer is purchasing the Property from Seller under the threat of Eminent
Domain.
11. Essential. Time is of the essence in closing this transaction.
J 2. See Sales Contract Addendum. attached and incorporated by reference.
Executed in triplicate, any of which constitutes an original.
Seller
Nueces Real Estate Partnership, LP.,
a Texas Limited Partnership
/'
By: Bryan . Holmes, Manager ofNueces Real Estate
Management Company, LLC., General Partner
i<,-,al Ellta1c S.le~ CoQI-"LI
H\HOME\JOHNO\GEN\Contracts' 2238 Cluo Estates Channel Imp Ph2 -'1- '04d (Bryan Holmes) RESC revisedJeo.doc
rHE STA f'E OF TEXAS ~
COUNTY OF NUECES ~
fhis instrument was acknowledged before me on Jj/L.C~~rL.. / L ,2005
by Bryan L. Holmes. Manager of Nueces Real Estate Management Company, LLC., as General
Partner of Nueces Real Estate Partnership. LP., a Texas Limited Partnership, and on behalf of said
Limited Partnership.
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JOHN O'HAIR
MY COMMISSION EXPIRiS
June 29, 2006
Buyer
CITY OF CORPUS CHRISTL TEXAS
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O'eorg~ K. Noe. City Manager
ATTEST:
ARMANDO CHAP A. CITY SECRETARY
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DA Y OF
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t.\PPROVED AS TO LEGAL FORM THIS
2005.
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FOR THE CITY ATTORNEY
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o ph Harney, Assistant City ttomey
City Legal Departmen
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SErJ!~t ARver l
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il"al E5tatf: s.le~ Contr;;.:l
H\HOME\JOHNO'GEN'Contracts,2238 Club Estates Chanllellmp Ph2 .0- '04d (Bryan Holmes) RESC revisedJeodoc
rhis instrument was acknowledged before me on ~____
2005 by George K. Noe as City Manager of the City of Corpus Christi, a Texas municipal
corporation, on behalf of said corporation.
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[HE STATE OF TEXAS
C01 JNTY OF NUECES
, ..."v......., T'AMERA L RILEY
, .{~~_._.( '" "
!"I..*"\~\ Notary Public
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\: \ -d j STATE OF TEXAS
( .,t!!i.~<i.i!!1 My Comm. Exp. 05.26.2008 ~
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Notary Public in and for the State ofT xas
II ' HOM EIJOHNO',GEN\Conlracts,,2238 Club Fstales Channel Imp Ph2 .(1- '04d (Bryan Holmes) RESC revisedJeo doc
EXHIBIT A
A FIELDNOTE DESCRIPTION FOR
2.101 ACRES OF LAND
THE STATE OF TEXAS ~
COUNTY OF NUECES ~
BEING 2.101 acres (91,536 square feet) of land situated in Lot I, Block Il, Bohemian
Colony Lands, as recorded in Volume A, Page 48 of the Map Records ofNueces County,
Texas, same being a portion of that certain tract of lanjil conveyed by C. B. Woodson to
Paul Snyder et ux by deed March I, 1955 and recorded in Volume 678, Page 141 of the
Deed Records of Nueces County, Texas, same being a portion of the Frances Snyder
Trust Tract as recorded in Instrument No. 803565 in the Official Records of Nueces
County, Texas. said 2.101 acres of land being more fully described by metes and bounds
as follows:
COMMENCING at an existing iron rod set at the intersection of the northeast line of the
Paul Snyder, et ux, tract of land and the Northwest right-of-way line of Everhart Road as
widened by right-of-way easement to the City of Corpus Christi dated June 27, 1983 and
recorded in Volume ]877, Page 412 of the Deed Records ofNueces County, Texas, said
iron rod also being a corner of a 92 foot wide drainage right;:of-way described in an
instrument recorded in Volume 1064, Page 479 of the Deed Records of Nueces County,
Texas, THENCE, N. 560 04' 51" W., a distance of 65.71 feet along the common line of
the said Paul Snyder et ux tract of land and the said 92 foot wide drainage right-of-way to
a 5/8 inch iron rod set for the PLACE OF BEGINNING. (All bearings based on the Texas
Plane Coordinate System. South Zone, 1927 datum).
THENCE. in a northwesterly direction along a curve to the right having a radius of 220
feet, an arc distance of 191.22 feet (chord bearing and distance N. 800 58' 52" W., 185.26
feet) to a 5/8 inch iron rod set at the POINT OF TANGENCY of said curve;
THENCE, N. 56004' 51" W., a distance of 1052.87 feet to a 5/8 inch iron rod set in the
southeast right-of-way line of Sanders Drive (60 foot in width), said iron rod also being
the most western corner of the herein described tract;
THENCE, N. 28007' 56" E., a distance of78.40 feet along the southeast right-of-way line
of Sanders Drive to an existing iron rod in the common line between th~ said Paul Snyder
et ux tract of land and the said 92 foot wide drainage right-of-way, said iron rod also
being the most northern corner of the herein described tract;
THENCE, S. 56004' 51" E., a distance of 1228.81 feet along the common line of the said
Paul Snyder et ux tract of land and the said 92 foot wide drainage right-of-way to the
PLACE OF BEGINNING, Containing within these metes and bounds 2.101 acres (91,536
square feet) of land. (The tops of all 5/8 inch iron rods set were capped with an orange
plastic surveyor's cap stamped, "Balusek-Frankson and Assoc., Inc., Victoria, Texas".)
I hereby certifY that the above fieldnote description is based on a survey made on the
ground, under my supervision, in November 2005, and is true and correct to the best of
my knowledge and belief
a..a~
A.C. FRA SON
Registered Professional Land Surveyor
Texas Registration No. 2239
DATED: November 23,2005
05310(2101 acr<5)
SALES CONTRACT ADDENDUM
TO
REAL ESTATE SALES CONTRACT
Nueces Real Estate Partnersbip, LP (Seller) & City of Corpus Cbristi (Buyer)
I. DISCLAIMER. This Disclaimer is a material and important part of the basis of the bargain; further, its contents have been
negotiated and are therefore not incidental or boiler-plate. Buyer and Seller have relatively equal bargaining positions. Buyer agrees
to sign a disclaimer at closing confirming these matters.
1.0 I lnsoections. During the inspection time under the Contract, Buyer has the right and a reasonable amount oftime to
inspect every aspect of the Property to Buyer's satisfaction, and Buyer intends to actually inspect to Buyer's satisfaction each aspect
of the Property considered by Buyer to be a substantial or material factor in Buyer's decision to buy the Property and to complete
the transaction.
1.02 InSDeCtors. Buyer may employ professionals to advise Buyer on every aspect of the Property for which Buyer does
not have expertise. Buyer intends to do so for any material aspects of the Property.
1.03 Reliance. Buyer is not relying upon any information, representations, statements or assertions concerning the Property
made or prepared by Seller or Seller's representative(s) (collectively the "Seller's Statements"). Buyer is not relying on Seller to
provide any information on the Property which Buyer has not independently verified; further, Buyer is relying solely upon Buyer's
independent inspections rather than Seller's Statements. Any Seller's Statements are recognized as puffing or opinion; further, if the
Seller's Statements were or are incorrect, their insignificance to Buyer would not constitute misrepresentations of material fact.
1.04 Waiver of Warranties. Buyer waives all express and implied warranties, including without
limitation, warranties of merchantability and fitness for a particular purpose, and following
Buyer's inspections, Buyer will either terminate the Contract or accept the Property's
condition and value AS IS AND WITH ALL F AUL TS, such as latent and patent defects;
further, Buyer understands that, other than the express warranty in the deed from Seller to
Buyer, Seller will provide no express warranties, whether by affirmation, promise, description,
sample or otherwise.
1.05 Dangerous Conditions. Before entering upon the Property for general inspection purposes, Buyer will thoroughly
inspect the Property to determine the existence of any conditions posing unreasonable risks of harm. If any such conditions are
discovered, Buyer will immediately notify Seller in writing and Buyer will exercise reasonable care to reduce or eliminate those risks,
and to prevent persons from being subject to them
I .06 ConseQuences of Disclaimer. Buyer understands that Buyer has, by this instrwnent, agreed to make Buyer's own
appraisal of the bargain and to accept the risk that Buyer may be wrong. Furthermore, Buyer may not blame or hold the Seller liable
if the Property turns out to be worth less than the price paid or if the Property turns out to have patent or latent defects which Buyer
has not discovered before closing. In such a case, Buyer would be the sole cause of any such loss, since Buyer is relying only upon
Buyer's own inspections in determining the condition, suitability, and value of the Property.
1.07 Permits. Buyer is solely responsible for: (a) determining what, if any, permits and like matters are necessary for use
of the Property; and (b) taking all necessary steps to obtain any such permits.
1.08 Release. Following inspections, if Buyer decides to complete the purchase of the Property, Buyer will release Seller
from any liability to Buyer and will waive any causes of action that Buyer could assert against Seller, both known and unknown.
present and future, arising under this Contract or by any law, for damages to Buyer or claims against Buyer arising out of (i) the
physical condition of the Property, (Ii) the presence or release of any hazardous substance or material. The term "hazardous
substance or material" includes any substance or material which is classified as a hazardous or contaminating substance under
applicable laws and regulations.
Sales Contrad Addendum to Condemned Land Contract
Page 1 of3
(Real Estate Sales Contract)
2. PROPERTY TITLE.
2.01 Title Obli2ations. Delivery of a Title Policy fulfills all duties of Seller as to the sufficiency of title requirements;
however, Seller is not released from the warranties of Seller's Deed.
2.02 Deed. Seller will convey title to the subject Property by Spe(ial Warranty Deed. The deed will include the physical
condition disclaimers from this instrument and provide that the Property is being transferred to Buyer "AS IS", "WHERE IS", and
"WITH ALL F AUL IS"
2.03 Title. Buyer will have an opportunity to fully review the condition of title based upon the title commitment. The
deed will contain these exceptions: (I) All presently valid and effective easements, rights-Qf-way and prescriptive rights whether
of record or not, pertaining to any portion( s) of the Property; (2) All presently recorded and valid oil, gas and/or other mineral excep-
tions, rights of development or leases, royalty reservations and/or other instruments constituting oil, gas or other mineral interest
severances of any kind; (3) All presently recorded, valid and effective restrictive covenants, terms, conditions, contracts, provisions,
zoning ordinances and other items, and all ordinances, regulations and laws of any govermnental authority having jurisdiction of the
Property; (4) All presently recorded, valid and effective instruments (other than encumbrances and conveyances by, through or under
Grantor) that affect the Property; (5) Standby fees and taxes for the current year and subsequent years, the payment of which Grantee
assumes; and subsequent assessments for this and prior years due to change(s) in land usage, ownership, or both, the payment of
which Grantee assumes; and (6) Any conditions that would be revealed by a physical inspection and survey of the Property, such
as including, but not limited to, any discrepancy, conflicts, or shortages in area or boundary lines, or any encroachments, or any
overlapping of improvements.
3. INSPECTION PROTECTION. Buyer will indemnify and hold Seller and Seller's successors and assigns harmless from all loss,
liability, and expenses pertaining to any inspection performed by or on behalf of Buyer. Buyer waives and ~Ieases
Seller from any claims for property damages and personal injuries or death to Buyer or any
of Buyer's representatives, in any manner arising out of any inspection. This indemnification, waiver,
and release by Buyer will survive closing or any termination of this Contract.
4. SPECIAL PROVISIONS.
4.01 Assumotion of Farm Lease. Buyer agrees to assume the existing Farm Lease along with any and all expenses and
obligations relating to the termination of such Farm Lease. A copy of the Farm Lase is attached hereto as EIhibit "C" and
incorporated herein by reference.
4.02 Rollback Taxes. Buyer assumes all responsibility for rollback taxes.
4.03 AcceDtance of Matters Disclosed by Title Commitment. Buyer accepts all of the matters disclosed in the attached
Schedule B of the Commitment for Title Insurance issued NOV 03, 2005.
4.04 Aooroval of Escrow Agent. STEW ART TITLE COMPANY OF CORPUS CHRISTI ("Escrow Agent") is approved
as the Escrow Agent for this transaction..
4.05 Prior Contract BuYer. Seller and Buyer acknowledge that the Property is out of a larger tract ofIand currently under
a pending sales contract entitled "COMMERCIAL CONTRACT - UNIMPROVED PROPERTY" ("Prior Contract"), between Seller
herein and Patrick H. Nolan, individually, d/b/a Advantage Property Services ("Prior Buyer") concerning approximately 114.483
acres out of Lots 1,2,5, & 6, SECTION II, BOHEMIAN COWNY LANDS, Corpus Christi, NuecesCounty, Texas (the "1l4-Acre
Tract"), and escrowed on JUNE 22, 2005, with the same Escrow Agent under its OF #502478-CS. The Prior Contract provides that
any condemnation award will be paid to the Seller, with the Prior Contract price reduced by the amount of the condemnation award;
however, Seller is willing to enter into this Contract conditioned upon the Prior Buyer's approval oftbe Contract. Prior Buyer must
evidence such approval by signing the Approval of Condemned Land Contract which is attached hereto and incorporated herein by
reference.
4.06 Broker Commission. At the closing, Seller will pay STEVE ROBERTS REALTY ASSOCIATES (5934 South
Staples, Suite #202, Corpus Christi, TX 78413 Lic #0431545) a broker commission of 4% of the Purchase Price. Buyer should have
S.les Contract Addendum to Condemned Land Contract
(Real Estate Sales Contract)
Page 2 of3
an abstract covering the Property examined by an attorney of Buyer's selectio~ or Buyer should be furnished with or obtain a title
policy.
4.07 Seller Not Obligated to Cure Title Defect. Seller has no obligation to cure title defects identified by Buyer. If Buyer
identifies a title defect, Buyer must notify Seller in writing of the defect and the desired cure. Seller will have 5 days in which to
either cure or respond by notice in writing that Seller refuses to cure. Buyer will have 5 days from Seller's notice oiSeller's refusal
to cure in which to either tel1lJinate the Condemned Land Contract by written notice, or at waive the title objection. Failure to
terminate the Condemned Land, Contracdby written notice will constitute a legal waiver by Buyer of the Buver's title objection.
1.(Real Estate Sales Contract) ~Real Estate Sales Contract)
4.08 Adiustment ofTime Periods. Buyer must sign the Condemned Land Contract,no later than 5:00 p.m. on Wednesday,
DEC 14, 2005. The Title Commitment will be issued within three business days of esaowing the fully signed Condemned Lagd
Contract.and Earnest Money. Closing and funding will be completed by 5:00p.m. on Thursday, IAN 05, 2006. Seller will deliver
possession on closlOg and runamg. "Real Estate Sales Contract)
5. MISCELLANEOUS.
5.01 Time. Time is of the essence of this Contract.
5.02 Earnest Money as Condition. Receipt of the Earnest Money in Good Funds by the Escrow Agent is a condition
precedent to the effectiveness and validity of this Contract.
5.03 Assi2lllllenL Buyer may not assign this Contract Seller may assign this Contract
5.04 Survival of Covenants. Buyer's stipulations, agreements and representations to Seller made in this Addendum will
survive closing.
5.05 Counteroarts. This Agreement may be executed in multiple counterparts with the same effect as if all signatories had
signed the same document. All counterparts are construed together and constitutes one instrument.
5.06 Controlling Terms. This Addendum will control over any conflicts with other parts of the ContracL
5.07 Time Limit on Resoonse. Seller's signature on the Contract will automatically be withdrawn unless this Contract,
fully executed by the Buyer and without any revisions, is deposited with the Escrow Agent by 5:00 p.m. Wednesday, DEC 14, 2005.
SELLER:
BUYER:
NUECES REAL ESTATE PARTNERSlllP, LP
By: Nueces Real Estate Management Company, LLC
,
CITY OF CORPUS CHRISTI, TEXAS
l/
//'/ .'l":../
By:.. ~~~'~L-
Bryan L. olmes, Mgr _~.n
I
\ .
,A/\.~-'
Gdrge!~. Noe, City Manager
Attest:
ARMANDO CHAPA, CITY SECRETARY
I~ae{--
APP~S TO LEGAL FORM THIS ~ DAY
OF , 2005.
FOR THE CITY ATTORNEY
Attorney
'v
Sales CORtraet Addad.. to Coademned Land Contract
(Real Estate Sales Contract)
Page 3 of3
Approval of Condemned Land Contract
By its execution below, Prior Buyer approves the REAL EST A TE SALES CONTRACT ("Condemned
Land Contract") of the Condemned Land, and agrees to either of the following procedures: (a) if the
Condemned Land Contract closes and funds prior to the closing and funding of the Prior Contract, then
Prior Buyer will remove the Condemned Land from the pending Prior Contract and reduce the price of
the Prior Contract by the Purchase Price of the Condemned Land; or (b) if the Prior Contract closes and
funds pnor to the closing and funding of the Condemned Land Contract, Buyer agrees to accept an
assignment of the Seller's interest in the Condemned Land Contract, and to assume the obligations
thereunder, at the time of the closing and funding of the Prior Contract, which Prior Contract closing
would include the purchase hy Prior Buyer of the Condemned Land along with the other Prior Contract
land.
Defined terms of the Condemned Land Contract also apply to this approval.
PR11~Y71J d
_u_~mL____~.___
Patrick H. Nolan, individually, d/b/a
Advantage Property Services
~
Date Signed: {'?:.... L( .- ();:.
Form: Commitment for Title Insurance Form Prescribec:I by Texas Department of Insurance (Revised 1/1193)
Attached to and made a part of Stewart Title Guaranty Company Commitment for Title Insurance
File No. 502478
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your policy will not cover loss, costs, attorney's fees and
expenses resulting from:
1 The following restrictive covenants of record itemized below (We must either insert specific recording data or
delete this exception):
Document No. 1996049456 in the Official Public Records ofNueces County, Texas.
'"(Deleting therefrom any restrictions indicating any preference, limitation, or discrimination based
on race, color, religion, sex, handicap, familial status or national origin.)"
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any enaoachments or protrusions, or any
overlapping of improvements. Uoon receiDt of an aDDrDVed survey. Schedule B. Item =~ modified to read in
its entirelY. -Shortaaes in area- (Mortaaae Title PolicY onlY or OWners Title PoIicv with ----.:_ Dremium)
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the
OWner Policy only.)
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments
or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays,
gulfs, or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or
c to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that
area or easement along and across that area.
(Applies to the Owner Policy only.)
5 Standby fees, taxes and assessments by any taxing authority for the year 2005 and subsequent years, and
subsequent taxes and assessments by any laxing authority for prior years due to change in land usage or
ownership but not those taxes or assessments for prior years because of an exemption granted to a previous
owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a
previous tax year. (If Texas Short Form Residential Mortgagee Policy of Title Insurance (T-2R) is issued, that
policy will substitute "which become due and payable subsequent to the Date of Policy- in lieu of "for the year 2005
and subsequent years.") Schedule B, Item 5, may be amended to delete the words -and subsequent taxes and
assessments by any taxing authority for prior years due to change in land usage or ownership. - AND to add
"Cornpany insures that standby fees, taxes and assessments by any taxing authority for the year 2005 are not yet
due and payable.. (Mortgage Policy only or Interim Construction Binder only, upon request and payment of
premium)
6 The terms and conditions of the documents creating your interest in the land.
Schedule B of Ibis Commitment COlISists of 3 paae(s)
Stewart Title Guaranty Company
Form: Commitment for Title Insurance Form Prescribed by Texas Department of Insurance (Revised 1/1/93)
Attached to and made a part of Stewart Title Guaranty Company Commitment for Title Insurance
File No. 502478
7 Materials furnished or labor performed in connection with planned construction before signing and delivering the
lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the
Mortgagee Title Policy Binder on Interim Construction loan only, and may be deleted if satisfactory evidence to us
before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage.
(Applies to Mortgagee (T-2) Policy only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential
Mortgagee Policy of Title Insurance (T -2R). (Applies to Texas Short Form Residential Mortgagee Policy of Title
Insurance (T -2R) only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form
Residential Mortgagee Policy of Title Insurance (T-2R)
10 The following matters and all terms of the documents creating or offering evidence of the matters f'Ne must insert
matters or delete this exception.):
a. Right of way easement dated June 6, 1939, from Leo Netek and wife, Annie Netek, to Nueces
Electric Corp., Inc., recorded under File No. 532265, Volmne 854, Page 290, Deed Records of
Nueces County, Texas. (blanket)
b Right of way easement dated March 2, 1966, from Paul Snyder and Frances Snyder to the State of
Texas, recorded under File No. 705384, Volume 1139, Page 452, Deed Records ofNueces County,
Texas.
c. Right-of-Way easement dated June 27, 1983, from Frances Snyder aka Frances Kosar Snyder,
Individually and as Independent Executrix of the Estate of Paul Snyder, deceased, to the County of
Nueces, recorded under File No. 329101, Volume 1877, Page 412, Deed Records ofNueces County,
Texas.
d. Utility Easement dated October 19,2001, from The Estate of Paul Snyder, to the City of Corpus
Christi, Texas, recorded under File No. 2001053112, in the Official Public Records ofNueces
County, Texas.
e. Easements or claims of easements not recorded in the public records.
f. Rights of the public to use, occupy and enjoy any portion of the subject property within a road right
of way or easement.
g. Oil, Gas and Mineral Lease from Leo Netek and wife, Anie Nete~ to Harry Carleton, dated January
3, 1936, recorded under File No.1 01834, V olmne 28, Page 260, Oil and Gas Records ofNueces
County, Texas. Title to said interest not checked subsequent to date of aforesaid instrument. (El2 of
Lot 2 and S/2 of Lot 6)
Schedule B oftbis ComInilmeDt consists of 3 pap(s)
Stewart Title Guaranty Company
Form: Commitment for Tille Insurance Fonn Presaibed by Texas Department of Insurance (Revised 111/93)
Attached to and made a part of Stewart Title Guaranty Company Commitment for TltIe Insurance
File No. 502478
h Oil. Gas and Mineral Lease from Leo Netek and wife, Anna Netek, to Arnold O. Morgan, dated June
27. 1951, recorded under File No. 335298, Volume 120, Page 464, Oil and Gas Records ofNueces
County, Texas. Title to said interest not checked subsequent to date of aforesaid instrument.
Terms and conditions of Participation Agreement by and between the City of Corpus Christi and
Corpus Christi Independent School District, dated December 17, 1996, recorded under Document
No. 1996049456 in the Official Public Records ofNueces County, Texas.
j. Unrecorded farming lease dated August 22, 1979, by and between Frances K. Snyder and Frances K.
Snyder, Trustee of the Estate of Paul Snyder, deceased, and Bernard F. Mokry.
k. Terms and effect of any judgment entered in Cause No. 05-61515-1, styled "City of Corpus Christi
vs. Bryan L. Holmes, Successor Administrator of the Estate of Paul Snyder and Successor Trustee of
the Frances Snyder Trust in the County Court of Law No.1 ofNueces County, Texas, which suit is
the subject of Notice of Lis Pendens recorded under Docwnent No. 2005045360 in the Official
Public Records ofNueces County, Texas.
I. Rights of tenants, and assigns, as tenants only, under currently effective lease agreements.
SchcduIo B oftblt ecm-... COIIIiIlI of 3 pllll(s)
Srewart Title Guaranty CoIDp8II)'
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