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Home My WebLink AboutC2007-013 - 1/23/2007 - ApprovedDEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division 2263 Master Channel 27 Dra-nage Imp. Parcel l Real Estate Sales Contract T HI : S'T A TE OF T EXAS : KNOW AL.L BY THESE PRESENTS Ct~tJNT~ OF NUECES ~ This Contract is entered into by Charles Scott Mandel and wife, Thelma Mandel of 6706 Long ~leadow. Corpus Christi, ~Tueces County, Texas 78413 (Seller) and the City of Corpus Christi, a T ~xas home rule municipal corporation. ~?O1 Leopard Street, Cotpus Christi, Nueces County, Texas 7~s401-~'8?5 (Bu~~er}. Property. ~eller tor the c~~nsideration and under t~e terms set out herein, agrees to convey ~he surface estate only (with all minerals reserved to Seller) to Buyer the following described ~roperty situated iF~ Nueces County, Texas: A zract of land described by metes and bounds on the attached and incorporated Exhibit A and shown on the attached and incorporated Exhibit B_ "`Premises"~ _ Purchase Price. $130,900 = T'itle Insurance. I'he Seller must provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasibie title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly ~nsures and indemnifies Buyer against any ritle defects or adverse claims. A reliable title :nsurance company or titie ~uaranty company ("Title ~ompany") must issue the title ~nsurance policy. The title commitment for title insurance must be delivered to Buyer within 3a ~ days after receipt o f the ('ontract by the title company, with the title insurance policy to be rirnely issueci aite~~ Ciosin~; 4 Gegeral Warranty Deed and Closing Costs. After securing the title insurance c~.~mmitment, Seller must execute a General Warranty Deed and a Temporary Construction E asement acceptable to Counsel for both Seller and Buyer, drafted in accardance with the provisions of this Contract, that conveys indefeasible tit~e 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. ~ T~axes. Seller must pay all taxes related to the Property up to and including 2006. Seller will b~ responsible for the amount c~f prorated taxes for year 2007 based upon the actual taxes ,,;+;rl fnr th~ vear ~OQ6. T~~e proration is a~nly an estimate and the Seller will be responsible 2007-013 n the taxes become due for 2007. O1/23/0~ M2007-023 ter~.'ha~~nel:-~ I>rainage`~~Parcel I`~RtISC.Parcell.Mandell.da Mandel, Charles Scott, et al ~ F:arnest Monev. F3uyer depos~ts :~500 with t~e Title Company as Earnest Money, which will ~~e appliec~ tc~ ehe balance of the purchase pi-~ce owing at Closing. Buyer will pay the balance ~~f ~he purchase pr~ce owin~ at C'iosing. When t~e Title Company possesses the executed ~ieed, anv other n~cessary paperwork, and the balance of the cash payment, the Title ~`c>mpan_y~ v~ ill close the transacU~~n in accordance with its customary procedure. If ~uyer fa~is to c(ose on ~his (~ontract as set out herein, for any reason other than title .ierects. Seller is entitled t~~ the Earnest Money as liquidated c~amages for breach of this ~~'c~ntract. Seller m~y seek tr~ eniorce this Contract by an action for specific performance. If `~eller fails tc~ tender an executed cieed conveying the Property in accordance with the terms ,~f this C'ontract. ~3uye~ n~ay seek to enforce this C'ontract by an action for specific ~~ed-formanct 7 Restrictions on Title. Bu~~er accepts title to the Property subject to all recorded restrictive ~:c venants and use .restrictic~ns, i t~ any, and all applicable City zoning regulatory ordinances, if ~n ~ k I'ime for Performance. l'his transactior will be closed through the Title Company on or ~~efore 90 days fro~n the daie of this Contract. Seller gives Buyer possession of the Property it ~he date ti,~ cfos~ng. 5eller's execution of this ('ontract means that Seller has read and understands that this C:ontract ~s 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. ~uyer must execute this Contract within b0 days from the date of Seller's execution of this ;'~~ntract or this C~~ntract i~ void. ~~ ~urvives Closing. Th~ s C'c~ntract survives c~osing of the sale of the Property and the delivery ;~f the General Warranty Deed, the Temporary Construction Easement, and other necessary dc~cuments by Seller to Buyer at closin~, and all terms and conditions remain in effect between Seller an~j Buyer. I~) E minent Domain. Buyer ; s purchasing the Property from Seller under the threat of Eminent Domain. "~s Is" Provision. (The Deed to Buyer will contain the following) Seller is conveying, and Buyer is accepting the property ~n its "AS IS, "WHERE IS'4, physical condition, "WITH ALL F aLTLTS" .Abso i utely no warranties, express or implied, are given by Seller relating to the physical conditior~ of the soil, the improvements, or any other physical component of the property, and to the extent any such warranties are nevertheless deemed given, Buyer hereby w aives same except where such waiver is expressly prohibited by law. Nothing in this paragraph shall effect or limit the warranties of title set forth in this deed. Z Site Improvements. The Buyer will retain and remove all dirt (topsoil and subsoil) from the e~cavation c~f the drainage channel and its related improvements. ~:ea! Estat~ Sales Contract ~; :OM] '~N~~rmaR~PRCIEC 1\#226' Master C'ha >>iel '" C?rainage~Parcci I`.RESCParcel l.Mandeli.doc `~aec Z oi ~..» ....._. __,.. .....,,... .~.......,.•._~a ._..~_....~, ...~. .w... ._..~. _ .~. ,_v_...... .~.~.,,~, ,., _..... .. ._. .,w~.,. ~ a•,e..., n . , .. -.~... _ _ _., . _~ 1:~~ F;ssentiaL Time is of the essence in closing this transaction. ~xecuted in triplicate, any of ~~v~ich constitutes an original. Seller ,___ ,- ,~ _ -~ _ les Scott Mandel / ; ~~, f~ . `- ____'_ ~~ k ~, Thelma 'Vlandel IHE STATE OF TEXAS 4 ~t~IJNT~~ OF NLIECES ~ T his instrument was acknowledged before me on ,~ a., u a r-~ /~D , 2007 b~ (,harles Scott Mandel ~~nd his v~ ife, Thelma Mande~. ~ _ _~ Notarv Public in and for tl State of Texas ..~...... .,,~ ~'.,•,~~~ ROBERT S~4FNZ ~': MY COMMISSfON EXPIFES ~~ July 14, Z008 [ ~eal] Buyer CIT~' OF" ( RPUS CHRISTI, TEXAS r~ :~or K. Noe, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY Y ~ ' ~Y~YY~ ~-- - ~ceal F~taic S~les Contrac[ I.faOMF NnrmaR~PRGJi:(T~.#226: MasterCha~inel ~"' [-rainage\Parccl 1`R}~SC.Parcel l.Mandell.doc "~~ac~ 3 of _' .,,. r ..,. .._ _.~.. , .,~• ._ ,...,... ,__, . .... , . ~. ~.. . _. _ _.~_.___..... _.~... --,,,„. _......,...,_..,..... ._,...._,...~ ,~., ......, _....,....~. ,.._._,.... _,.,..,, A~PROVr~D AS TQ LE(s~L FORM'T'NIS ~~ ~~- DAY OF ~~ ~"~~ , 2007. FOR THE C~T~` ATTORNEY ~ ( , j, ~ ' t,ti-'l,l,"' ~ ;.~~'''L ~ 1f ' - ='-~-- " Veronica Ocanas, Assistant City Attorney ('itv Legal Department T?-{~ S`~ A TE OF TEX.AS ~ ~~")["NT'4 OF N~'ECES~ ~ ~~ ~ ~ 2007 This instrument was acknowledged before me on ~~ ~-~ ~ , bv George K. Noe as City Manager i~f the City of Corp s Christi, a Tex s unicipal corporation, on behalf of ~aid corporation '~ ~~~~~- ~~..~~.. ~_ Notary Public° in and t-or the State of Texas [~eal] r., ~,~__~ :~- ...._--.~.=-_~ ~- a; a~1r~~ ,,.;,m.,~ ~Pa~ks ~~ ~' ,n. . ~n~=s~o~, Exp«~ .I-~ " ~ . ia ~OG? ..., t ~ ~'c~ J '\P :.~F~. . . 1, f 1 ~%~,~. AUTHUKILt-, ~a'~ ~'pUNCiI ~ ~"- ..~M.....~,..,..,..,... ~.,~......~ SECRE;f~ i ~ ~'l R~xl ?~sYate Sales Contrac: F~ IIC)MF?~NurmaR\PROIFC~11#226= Masteri'harnel2; Dra~nageAParcel I~RESCParcel 1.Mandell.doc Y:a,~~~ 1 of ~ ,,... ..,.~,. ,.,~ _...... .. ~. ..., -.,.,.,,~,,.._._ ~ ., _-.:~..__.~ ...a..... . _ . . ..._... .. ...~~ ... ._.,....,..~._,..~.,........~. ......,,........~.,..~~.~......~,.......~~-.......,,... ,...._~.~...__.,,,f.. ..._-_••_........~.,w~ i vzoio6 Page 1 of 2 STATE OF TEXAS COUNTY OF NUECES PARCEL 1 BEING A 3.740 ACRE (162,899 S.F.) TRACT OF LAND OUT OF THAT CERTAIN 40.02 ACRE TRACT OF LAND DESCRIBED IN D+OCUMENT NO. 2005028335, OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS, SAID 40.02 ACRE TRACT BEING OUT OF LOT 17 AND LOT 18, SECTION 20 FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A, PAGES 41-43, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAID 3.740 ACRE TRACT BEING MORE PARTICULARLY D~SCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1- ]. 2 inch iran pipe, found, for the northeast corner of this tract, said point being the northeast corner of said 40.02 acre tract of land, same point being the southeast corner of Brighton Village, a map of which is recorded in Volume 47, Pages 8- 10 of the Map Records of Nueces County, Texas, same point being the common north corner of Lots 18 and ! 9 of sa-d Section 20, Flour Bluff and Encinal Farm and Garden Tracts, same point being on the west boundary line of that certain 20.000 acre tract of land recorded in Volume 165 l,~age 963, of the Deed Records of Nueces County, Texas; THENCE, South 28°39' 10" VVest (Record = South 28°57'30" West), with the east boundary line of said 4~.02 acre tract of land, the same line being the west boundary line of said 20.000 acre tract of land (Volume 165 i, Page 963), and the west boundary line of that certain 20.000 acre tract of land as recorded in Docume~t No. 943110, of the Official Public Records of Nueces County, Texas, consecutively, a distance of 608.40 feet, to a Si8 inch iron rod, set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOUNllARY MARKER", for a corner of this tract, same point being the southwest corner of said 20.000 acre tract of land (Document No. 9431 10) and the northwest corner of that certain 79.926 acre trac~ of land recorded in Document No. 2005007354, of the ~fficial Public Records of Nueces County, Texas; THENCE, North 6l ° 1$'49" West, leaving the east boundary line of said 40.02 acre tract af land, a distance of 32.50 feet, to a 5/8 inch iron rod, set, with a plastic cap stamped '`MA VERICK ENGR. VICTORIA, TX, BOUNDARY MARKER", for a corner of this tract; TI~NCE, North 28°39' 10" East, parallel with the east boundary line of said 40.02 acre tract of land, a distance of 49?.51 feet, to a 5/8 inch iron rod, set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOtTNDARY MARKER", for an interior corner of~this tract; ~ . ~.~ , } ~ylA~ ~'arcel l _do~ Initials I 1 /20/06 Page 2 of 2 THENCE, North 61°06~25" West, a distance of 1,241.15 feet, to a 5/8 inch iron rod, set, ;~ith a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY !VIARKER", on the east right-af-way of that certain dedicated roadway known as =~'imarron Boulevard (right-of-wav varies), for a corner of this tract, THENCE, North 25° 18'41" East, with the east right-of-way line of said Cimarron F3oulevard, a distance of 115.23 feet, to a 5/8 inch iron rod, set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOtJNDARY MARKER", for the northwest corner of this tract, same paint being the northwest corner of said 40.02 acre tract of land, same point being the southwest corner of said Brighton Village; THENCE, South 61 °06'25" Fast {Record = South 61 °00'00" E), with the north bour~ary line of said 40.02 acre tract of land, same line being the south boundary line of said Brighton Village, a distance of l,280.37 feet, to the POINT OF BEGINNING of the herein described tract of land, said tract contains 3.740 acres (162,899 S.F.) of land, rnore or less, within these metes and bounds. ~3earings ate based on the Texas C'oordinate System of 1983 (South Zone) and referenced to the manumented east right-of-way line of Cimarron Boulevard. :=~ survey plat of even date was prepared and is made a part of this metes and bounds description. All references to record data (Record =***) indicated information as cited in Document No_ ~005028335 of the Official Public Records of Nueces County, Texas. Maverick Engineering, Inc. ~ ~ ~` ~~'~-- ~ ~~ ~` , : P,ifq ': 'I'',~, Escobar, R.P.L.S. 5630 , ~ „ . h ~ Parccl l .doc ' ~ Uroci~l:emptan Strer 10" Roadwoy Eosemenf~ 4Q'-- Bri~h t on Vl~IBgB !:losad by Ordinonce ~ Vof <7, Fq 8- '0, M1f.R.N.C.T I Z0 RoodMay Easemsnt (Record = i 61'00'00~? -, Vol. 4, Fgs. at- 43, M.R N C. `. -- -S 61 06'25" E-1,280.37'- - ; N 25' 18'4 f ' £- r r 5.23' - - ~arce7-1 - - - - 3JSp AC: 1 894 ,SF. N 6~~06~25~ w ~~24~. ~5~ ' ~~ __ 4 __ - -- -- -- -I Ts' temP. consr £oseTPn~ /y p8'39'10" E-493.51' ~ b I 40.0? Acres I ~ DOC~' .~W5078335 O. P. R. N. C T ~ ~ ~~ t ' ? ~C 18 -. ~ . p 3 ~ F'. B& r.~ .& G. T 0 O +Re<r ?rd Ownec Charles Scott Mande/ ond spouse, ~ ~ ~ 'helme Mandel) ~ a • 50' Temp. :onsf £osement ~~ ~ V N il ~y `~ E ~ I 55~-°+~ {~-~-- 30~ remp. C:onsL Eosement~ I I ~ ~I ~ !~ ~ -ibrohom~BrOSlau ond ~~~ Ctoro Broslou Lots 31 & 32, Sec. 2p I F B & F:'. F. & C:". T Vot '801, pq 721, D.R.N.~.T. I ~~arE-s Beorings are based on fhe Iexos Caordionte System o! J983 !Soufh 2one) and referenced ta the monumented eos! riqhf- a/-way /ine of Cimorron 8oulevord z Areo == 3.74C; s~cres ! l6?, 899 S. F~ , 5/8 rnch iron rod set with o pJostic cap stomped i~fAVERICK fNGR. VJCTOR/A, rX, BOUNDARY MARKER" ot ol/ property corners, unless noteo otherwise. Q Ali referenCes tc record dota (Record =+•') indicote ~nformotron as cited ~n Doc~f` 2005028335 ~pR.~cr. ,~1Aiguel A. E~scobor, hereby cerh y thot tf e foregoing mop was prepared from a survey, mode cr• the ground, under ~nr direction and thof t%~ true ~nr co~~ect. Mover~ck Engmeerin ;,elnc. - ~ ~ %~ ,:~ ~O ~~i 06 Migue/ A. Escobr~~^~:~,.P.C.~. 56~0. = ` ---~--- -i _ You ' f , - .i[ aro~ .oo ~..-~~~..~*~ ,swle ri~oo~ ~POB = _ _- ~_ - 1}' Iron Pipe Found Peter Sirocuso ~ Wrte Obdulio Sirocuso ?0.000 Acres our o/ =Lots 1?- 14 & 19-22, Sec. 20_ F. B. & E. F. & G. T. Vol. 1651, Pg. 96J, D.R.N.C.T. S 28'39,~~w /I~6W.Ty~ _ -- _- (Record = S 28'S7 30' W) Charles H. Compell Fomily Portnership, L70. 20.000 Acres out oI Lots 19-22, Sec. 20 F. B. & E. F. & G. T. _- DOC~ 943110, O.P. R. N.C. T. _ N 61'18'49" W-32.50' StopMs Devebpment, L.L.C 79.926 Acres out o/ Lots 19-22, 29 & 30, Sec. 20 F. B. & E. F. & G. T. DOC~ 2005007354, O.P. R. N.C. L AC. SO. FT. Toto/ Trocf 40.02 1,74.3,271 Ac uirod 3. 740 162, 899 emoinder 6. 0 1, , PARCEL 1 MAP TO ACCOMPANY ,tlETES & BOUNDS DESCRIPTION.- Being o 3.740 ocre (162,899 S_F.) troct of /and out of thof certa;n 40.02 acre troct of /ond described in Documenf No. 200502B335, of fhe Officiol Publrc Records of Nueces County Texas, said 40.02 ocre tract being out of Lot 17 ~ Lot 18, Sec. 20, Flour Bluff ond Encinol Form ond Garden Trocts, o mop of which is recorded in Volume A, Pages 41-43, of the Mop Records of Nueces County, Texas. Yro ect 0577-51 D Dote: November ?0, 2006 TEL• 367 289 1385 MAVERICK F~~ 361 zas o~~s P.O. BOX 9094 BNGIIVBERING, INC. CORPUS CHRISTI, TEXAS 78469