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Home My WebLink AboutC2006-134 - 4/18/2006 - Approved DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division "7351, Edinburg Circle Residence Buyout REAL EST A TE SALES CONTRACT rHE STATE OF TEXAS ~ KNOW ALL BY THESE PRESENTS COUNTY OF 1'\UECES ~ This ( ontract is entered into by Minandro Mojica, III, and wife, Rhonda Mojica, and Marilyn C. Dietz, a single person, whose address is 5205 Edinburg Circle, Corpus ChrIstl. '\Jueccs County. Texas 78413 ("Seller") and the City of Corpus Christi. J Texas home rule municipal corporation, whose address is P.O. Box 9277, C'orpus t'hrIStl, Nueccs County. rexas 7846()-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: Lot Six (61, Block Five (5), Inverness Unit A, an addition to the City of Corpus Christi, Nueces County, Texas, according to map or plat recorded in Volume 48, Pages 71-72, Map Records of Nueces County, Texas. ... Purchase Price. One Hundred. thirty nine thousand, five hundred Dollars ($139,500.00). Title Insurance. rhe Seller must provide. at Buyer's expense, a title insurance policy that guarantees good and mdefeasible title to the Property, without exceptions to title other than the standard pnnted 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 must Issue the title insurance policy. Buyer and Seller have mutually selected San Jacinto Title Company ("Title Company"), Corpus Christl T\:. 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 timel: issued after Closing. -4 \\ arranty Deed and Closing Costs. After securing the title insurance commitment, Seller must execute a General Warranty Deed, drafted m accordance with the provisions of this Contract. that com eys indefeasIble title to the Property to Buyer, and Buyer must make the .:ash payment. Buver will pay all Closing Costs except costs to cure title, which must be paid b\ Se liel 2006-134 04/18/06 ]\-12006-124 Mojica III, Minandro, et al ............~'.... ~ Taxes. Seller must pay all taxes related to the Property up to and including 2005. All ,:UITent taxes, I r any, will be prorated between the Buyer and the Seller for 2006 to date of Closing. The proration is only an estimate and the Seller will be responsible for any shortage \vhen the taxes become due for 2006. I) Earnest Money. Buyer deposIts $500 with the selected 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 pnce owing at Closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance ofthe cash payment, the Title CiHnpanv wIll Close the transaction in accordance with its customary procedure. If Buyer falls to <lose on thiS Contract as set out herem. for any reason other than title defects, Seller IS entitled 10 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 falls to tender an executed deed conveying the Property in accordance with the terms )j this Contract, Buyer may seek to enforce this Contract by an action for specific pcrfonnance Restrictions on Title. Buyer accepts tItle to the Property subject to all recorded restrictive covenants and Llse restrictions. if any, and all applicable City zoning regulatory ordinances, if an\ x 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 ofthe Property by cxecutmg 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 authorized by the City Council and 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 Cuntract or thIS Cmtract is vOId I) Survives Closing. ThiS Contract survives Closing of the sale of the Property and the de 11 very 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. Essential. Time IS of the essence in closing this transaction. Executed in triplicate. any of which constitutes an original. 1 SELLERS Minandro Mojica, III --~- L_:__ ;;~d~'~~ica ,- / L 'I \ l (1 I L 'J-r , ( h ,7' Marilyn C. Dietz ,--- ~~~-l'7 ,::/ THE STATE OF TEXAS ~ COUNTY OF NUECES ~ f'his instrument \\ as acknowledged before me on trc;!iZCf ~ day of ft1 ~ ,2006 by Minandro Mojica, III. /U~'S r the State of Texas // ISea11 ~"':A~'h",. /f~~' .~~ =*- :..: : ~ : : ~Il):.. ::-: ~';;~'19r.;~:'''''' SUSAN McGENNIS r' MY COMMISSION EXP:RES - ",ugust i, 200€ ~ -, -' THE STATE OF TEXAS " :; COli!\' ry OF NUECES " :; This instrument was acknowledged before me on t~~~ day of /J1 ~ hy Rhondd Mojica ISea11 ~ ..(=. d for the State of Texas /~~.~:';'~;.\ ~*i~tE ~~.~.'C:1~ ~~;~~'f~t.'5~'~~ SUSAN McGENNIS -l . I MY l JMMISSION EXPIF,ES I August 8, 2006 I THE STATE OF TEXAS ~ C01 fNTY OF NUECFS ~ rhis instrument was acknowledged before me on t~t4-daYOf /Y)~ by Man 1)'11 C. Dletz ISea11 .,.,....-- lie in and for the State of Texas "":J,}l';",, l....'f.jt~.'..~ ~:{ )*] ......" ..;.>~ "''::~~',~;~',~~~''~ SUSAN McGENNIS MY COMMISSION EXPIRES August b, 2006 4 ,2006 ,2006 BUYER CITY OF CORPUS CHRISTI, TEXAS .. -- ~- .-,._- ~~~e K. Noe. City Manager ATTEST ARMA'\fDO CHAPA CITY SECRETARY \ ~/'" ....,," ) .' (. ,1Jh.r L/ "< ~-f--~~~' ""-n- \J ~PPROVFDAS TO LEGAL FORM, THIS~'I.-~ , DAY OF_ ~L(J ,2006. FOR THE CITY ATTORNEY By: \ " ,. lIl' '\ '.f _ \. L \ '\ ',,\,,( \- t i~. \ I, L4~ y V eromca Ocanas~ Assistant City Attorney CIT'!' LEGAL DEPARTMENT rHE STA IE OF TEXAS ~ COUNTY OF NUECFS ~ ,... fhis instrument was acknowledged before me on. t~ L_--B' ,2006 by George K. Noe as CIty Manager for the City ofCorp~~a Texas municipal corporation, on behalf of said corporatIOn t'"\ ;'t~~L Gl^v~\.-;v Notary Public in and or the State of Texas I'HOMF'\ormaR\PROHT Iln '51 r o,,;s..~Pu~...- . _>)f~-;'je par:sm-- I~ ~,' r I ~ 0," i' \/1" Co'nmJsslon ExpIres L"~ OF ~" ,"ovembe' 09, 200" idinburg CI'T1e\Rh(' MOJ1C~,<lOC ISea11 ~ , 11') 2ai,-1~. AU I "'J"'" ~~ ~~Il._'i/.c~l.~~ " __u__. ......l~ ~r~~~Hpv cK.