HomeMy WebLinkAboutC2008-159 - 5/13/2008 - ApprovedDEPARTMENT OF ENG'~fNEERIi+~~G SERVICES
Property8 Land Act~ulsition Division
Master Channel 27 Drainage imps. #2263 -Parcel 1!A
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS
COUNTY OF NUECES §
This Contract is entered into by the Calvary Chapel of the Cnastlands, a Texas Nonprofit
Corporation, 3001 Rodd Field Rd., Corpus Christi, Nueces County, Texas 78414 (Seller} and the
City of Corpus Christi, a Texas home rule municipal corporation, PO Box 9277, Corpus Christi,
Nueces County, Texas 78469-9277 (Buyer).
1.
Property. Seller for the consideration and under the terms set out herein agrees to grant
and 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" and shown shaded on the attached and incorporated "Exhibit B."
2
Purchase Price. $65,000 cash
3. Title Insurance. 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 ar adverse claims. The Title
Commitment for Title Insurance must be delivered to Buyer within 10 days after receipt of
the Contract by the Title Company, with the title insurance policy to be timely issued after
Closing. Seller has no obligation to cure Buyer's Title objections, except that Seller is
required to execute, file, and record a Release of Liens.
4. 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 all Closing Costs except costs to cure title, which must be paid
by Seller.
5. Taxes. Seller must pay all taxes related to the Property up to and including 2007.
All current property taxes, if any, will be prorated between the Buyer and the Seller for 2008
to date of Closing. The proration is only an estimate and the Seller will be responsible for
any shortage when the taxes become due for 2008.
2008-159 ryer deposits $SOOAO with the Title Company as Earnest Money, which
M2008-118
05/13/08
Calvary Chapel of the Coastlands ~ch
1 0# 3
f7EPARTMENT OF ENGINEERI~YG SERVICES
Property8 Land Acquisition Division
Master Channel 27 Drainage Imps. #22fi3 -Parcel 11A
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 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.
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
any.
See SALES CONTRACT ADDENDUM, attached and incorporated by reference.
Time for Performance. This transaction will be Closed through the Title Company on or
before 90 days from the date of Seller's execution 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 authorized by the City Council and executed by the City Manager of the
City of Carpus Christi, Texas, or his designee. Buyer must execute this Contract within 30
days from the date of Seller's execution of this Contract or this Contract is void.
9. 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.
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.
Executed in triplicate, any of which constitutes an original.
041808 R E S C. Calvary Church 2 of 3
AEPARTMENT OF ENC;tNEER'I1VG SERVICL~S
Property& Land Acquisition Division
Master Channel 27 Drainage Imps. #2263 •- Parcel 11A
SELLER
CALVARY CHAPEL OF THE COASTLANDS
Signature:
Printed Name: ~os~.~4z-- ~ ~ ~~nr
Title: __ ~~~d e ~~ ._...... .. _..--
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on _
President of the Calvary Chapel of the ~oastlands, on
r „ n ~,
LORI A. ZAGHER
MYCp6,IM1551oNExPIRES Notary Public
~~,,~~ ~ al] fuarch B, 2411
~'~f;,~„
2008 by Roger D. Carver,
said corporation.
the State of Texas
BUYER
CITY OF CORPUS CHRIST[
~ ~ C~ [George K. Noe, City Manager
~ "`- ~ ~ D A[1THUKICt~
ATTEST:
~ ~t>:~c~~. I3 i~
ARMANDO CHAPA, CITY SECRETARY
SEC~~TARY
Approved as to form thi day of , 2008.
Veronica Ocanas, Assistant City Attorney
for City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrumentwas acknowledged be
Manager of the City of Corpus Christi,
[Seal]
Notary
on
said
in and for the State of Texas
2008 by George K. Noe, City
r ~u~`~'~ ` CONNIE PARI(5
'* ~''.'' MY COMMI98ION EXPIRES
l~ '~~~f tdovsmbar 8, 241 i
~~,
041808 R E S C. Calvary Church 3 of 3
SALES CONTRACT ADDENDUM
Attached to and incorporated by reference into
the foregoing REAL ESTATE SALES COAiTRACT ("Base Form Contract")
between Calvary Chapel of the Coastlands, as Seller, and the City of Corpus Christi, as Buyer
1. 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.
1.01 Inspections. During the inspection time under the Contract, Buyer has the right and a
reasonable amount of time 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 Inspectors. Buyer may employ professionals to advise Buyer on every aspect of the
Property for which Buyer does not have expertise. Buyer intends to do sa for any material aspects of the
Property.
1.03 Reliance. 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 Statements are recognized as pufifwng or opinion;
further, if Seller Statements were or are incorrect, their insignificance to Buyer would not constitute
misrepresentations of material fact.
1.04 Waiver of Warranties. Buyer waives and disclaims atl express and implied warranties
relating, either directly or indirectly, to the Property, including without limitation, matters of title,
zoning, platting, building codes, utilities, tax consequences, physical or environmental conditions,
availability of access, ingress or egress, air space, .air quality, water, water quality, operating
history or projections, impacts from surrounding properties, valuations, governmental approvals,
governmental regulations, the value, coladition, merchantability, marketability, profitability,
suitability or fitness for a particular use or purpose, the manner or quality of the conlstruction or
material incorporated into the Property, the manner, quality, state of repair, or lack of repair of
the Property, and the consequences or projection of any of the foregoing. Following Buyer's
inspections, Buyer will either terminate the Contract or accept the Property's condition and value
AS IS AND WITH ALL FAULTS, 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 AS Dangerous Cortditions. Buyer enters upon the Property for inspection purposes at its own
risk. Seller is not responsible for Buyer's safety when entering the Property for inspection purposes.
Before entering upon the Property for inspection purposes, Seller agrees to notify Buyer, in writing, of
any dangerous conditions on the Property posing unreasonable risks of harm actually known to Seller.
1.06 Conse uences of Disclaimer. Buyer understands that Buyer has, by this instrument, agreed
to make Buyer's own appraisal of the bargain and to accept the risk that Buyer may be wrong.
Furthermore, Buyer may not flame or hold 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.
041808 R E S C. Addendum -Calvary Church
Sales Contract Addendum Initialed far Identification loy Buyer Seller ~~ Page 1 of 3
1.07 Permits. Buyer is solely responsible far: (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 No ~ecial Relationship. The parties' relationship is an ordinary commercial relationship,
and they do not intend to create the relationship of principal and agent, partnership, joint venture, or any
other special relationship. There are no third-party beneficiaries of this Contract.
2. PROPERTY TITLE.
2.01 Title Obli ate ions. Delivery of a Title Policy in accordance with this Contract is deemed to
fulfjll all duties of Seller as to the sufficiency of title required hereunder; however, Seller is not released
from the warranties of Seller's Deed.
2.02 Deed. Seller will convey title to the subject Property by Special 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 FAULTS".
2.03 Title. Grantee-Buyer will have an opportunity to fully review the condition of title based
upon the title commitment. The deed will contain these exceptions: (1) All presently valid and effective
easements, rights-of--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 exceptions, 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 other ordinances,
regulations and laws of any governmental authority having jurisdiction of the Property; {4) All presently
recorded, valid and effective instruments {other than encumbrances and conveyances by, through or under
Grantor-Seller) that affect the Property; (5) Standby fees and taxes for the current year and subsequent
years, the payment of which Grantee-Buyer assumes; and subsequent assessments for this and prior years
due to change(s) in land usage, ownership, or both, the payment of which Grantee-Buyer assumes; (6} the
standard printed exceptions contained in the promulgated form of title policy unless provided otherwise
herein, and the validly existing additional exceptions approved in writing by Grantee-Buyer and described
in Schedule "B" of the Owner Policy for Title Insurance issued to Grantee-Buyer as part of this
transaction; however, as for parties in possession, the Property is conveyed with no persons in possession
of any part of the Property as lessees, tenants at sufferance, or trespassers. except for tenants, if any,
under written leases that are specifically assigned to Grantee-Buyer by a writing signed by Grantor-Seller;
and (7) 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 Gnes, or any
encroachments, or any overlapping of improvements.
2.04 Recordable Release of Liens. Seller is responsible for executing and filing release of liens.
Seller shall prepare and record lien releases, including one lien release for the vendor's lien (if applicable)
and another release from the mortgagee for the promissory note and deed of trust. Both releases shall be
filed in the county where the property is located in order to nullify any further effectiveness of the
promissory note, the deed of trust, and the vendor's lien.
3. INSPECTION PROTECTION. Only to the extent permitted by the laws and Constitution of State of
Texas, Buyer will indemnify and hold Seller harmless from all loss, liability, and expenses far which
recovery of damages is sought that is found by a court of competent jurisdiction to be caused solely by the
negligent act, error, or omission of Seller, its officers, employees, directors, agents, representatives, or
041808 R E 5 C. Addendum -Calvary Church
5aies Contract Addendum Initialed for Identification by Buyer Selter ~ Page 2 of 3
r
subcontractors of Seller, or their respective officers, employees, directors, agents, representatives, while
inspecting the Property. If Seller and Buyer are found jointly liable by a court of competent jurisdiction,
liability shall be apportioned comparatively in accordance with the laws of this state without, however,
waiving any governmental immunity available to Buyer under state law and without waiving any defenses
of the parties under state law. This section is solely for the benefit of Seller and does not create or grant
any rights, contractual or otherwise, tv any other person or entity. The parties agree to advise the other in
writing of any known claim or demand against Buyer or Seller related to or arising out of Buyer's
inspection of the Property. Buyer waives and releases Seller frnm any claims for property damages
and personal injuries or death to Buyer or any of Buyer's representatives, in any manner arising
out of Buyer's inspection of the Property.
4. SPECIAL PROVISIONS.
4.02 Reservations of the Mineral Estate. This sale includes only the surface estate, and if Seller
owns any portion of the mineral estate, such portion will be reserved by Seller in the deed.
4.03 Wight of p'irst Refusal. At closing, Buyer will grant to Seller a reasonable right of first
refusal to repurchase the Property in the event Buyer herein enters an agreement to re-sell the Properly or
any portion of it. The terms of the preferential right will be worked out between the patties.
5. MISCELLANEOUS.
S.OI Assignment. Buyer may not assign this Contract.
5.02 Con1a'olling_Terms. If the provisions of other parts of the Contract conflict with the terms of
this Addendum, then the terms of this Addendum will be controlling.
5.03 Counteroarts. This Contract may be executed in any number of counterparts with the same
effect as if all signatory parties had signed the same document. All counterparts are construed together
and constitutes one and the same instrument.
5.04 Earnest Money as Condition. The cash or cash equivalent receipt by the Escrow Agent of
the Earnest Money, if any, is a condition precedent to the effectiveness and validity of this Contract.
5.05 Successors. This Contract binds, benefits, and may be enforced by the successors in interest
of the parties, except as otherwise provided.
5.06 Time. Time is of the essence of this Contract.
041808 R E 5 C. Addendum -Calvary Church
Sales Contract Addendum Initialed for iden['dication by Buye Seller ~; Page 3 of 3
11/20/06
Page 1 of 2
Itev. 12/07/2006
Rev. 41/09/2007
STATE OF TEXAS
COUNTY OF NUECES
PARCEL 11A
BEING A 0.383 ACRE (16,b75 S.F.} TRACT OF LAND OUT OF
BRANDYWINE SOUTH UNIT 1, BLOCK 1, LOT 2, A MAP OF
WHICH IS RECORDED IN VOLUME 57, PAGE 36 OF THE MAP
RECORDS OF NUECES COUNTY, TEXAS, SAID BRANDYWINE
SOUTH UNIT 1, BLOCK 1, LOT 2 BEING OUT OF LOT 8,
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 0.383 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 518 inch iron rod, set, with a plastic cap stamped "MAVERICK
ENGR. VICTORIA, TX, BOUNDARY MARKER", for the southeast corner of this tract,
same point being on the south boundary line of said Brandywine South, Unit 1, Block 1,
Lot 2, same line being the north boundary line of that certain remainder of 8.34 acre tract
of land as recorded in Volume 1905, Page 397, of the Deed of Trust Records of Nueces
County, Texas, from which a 518 inch iron rod, found, on the west right-of--way line of
that certain 120 feet wide dedicated roadway known as Rodd Field Road, same point
being the southeast corner of said Brandywine South, Unit 1, Block 1, Lot 2, same point
being on the north line of that certain 0.690 acre tract of land described in Volume 2337,
Page 334 of the Deed Records of Nueces County, Texas, bears South 61 ° 19'29" East a
distance of 455A0 feet;
THENCE, North 61°19'29" West (Record =North 60°55'30" West}, with the south
boundary line of said Brandywine South Unit 1, Black 1, Lot 2, same line being the north
boundary line of the remainder of said 8.34 acre tract of land and the north line of The
Vineyards, Unit 2, a map of which is recorded in Volume 62, Page 76 of the Map
Records of Nueces County, Texas, consecutively, at 115.00 feet, pass a PK Nail, set, in
all a distance of 145.00 feet, to a PK nail, set, for the southwest corner of this tract, same
being the southwest corner of said Brandywine South Unit 1, Block 1, Lot 2, same point
being the southeast corner of that certain 16.811 acre tract of land as recorded in
Document No. 2006031089, of the Official Public Records of Nueces County, Texas;
THENCE, North 28°38'05" East (Record ~ North 29°04'30" East), with the west
boundary line of said Brandywine South, Unit 1, Block 1, Lot 2, same line being the east
boundary line of said 16.811 acre tract of land, a distance of 115.00 feet, to a 5/8 inch
iron rod, set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX,
BOUNDARY MARKER", for the northwest corner of this tract;
~~u~~~T
Parcel 1 IA-Rev.doc Initials ~/~~
1/2D/46
Page 2 of 2
Rev. 12/47/2006
Rev. Ol /09/2007
THENCE, South 61 ° 14'29" East, leaving the west boundary line of said Brandywine
South, Unit 1, Block 1, Lot 2, same line being the east boundary line of said 16.811 acre
tract of land, a distance of 1x5.00 feet, to a 518 inch iron rod, set, with a plastic cap
stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER", far the
northeast corner of this tract;
THENCE, South 2$°3$'05" West, parallel with the west boundary line of said
Brandywine South, Unit 1, Block 1, Lot 2, a distance of 115.00 feet, to the POINT OF
BEGINNING of the herein described tract of land, said tract contains 0.383 acres, mare
or less, within these metes and bounds.
Bearings are based on the Texas Coordinate System of 1983 (South Tone) and referenced
to the monumented west right-of--way line of Rodd Field Road.
A survey plat of even date was prepared and is made a part of this metes and bounds
description.
All references to record data {Record = ***) indicate information as cited in Volume 57,
Page 36, of the Map Records of Nueces County, Texas,
Maverick Engineering, Inc.
s~`~~' :'cM,ig~:~~;lscobar, R.P.L.S. 5630
--~ J . r~ ~.t.''~i~~e~.- I)~cember 07, 2006 -Revised Adjoiner
.,
_ ' hR~`v~sec3 : ~~t~uary 9, 2007 -Revised Adjoiner
PARCEL I 1 A-Rev.doc
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Unit 2 I
Vol. 62, Pg. 7&,
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Brandywine South Unit 1
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Vol. 57, Pg. 36, M. R. N. C.T.
(Record Owner: Calvary Chape! of the Coasttands)
Porce! 1 tB
-~~~ f5' Utility Easement
- rc.np. 4orrs~. cvscrrrcn~
~ Q .-
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't !0' Utility Easement
)~ _- (1/0l, 57, Pte. 36, M. R.N.C.T.)_
~~ 5 61'1929" E-455.00'
P Q,8 '~5' Electrical Easement
Vol. 1437, Pg. 487, D.R.N.C.T.
D k E Development Corporation
Remainder of 8.34 Acres aut of
Lots 9 & 10, Sec. 20
F.B. & E. F. & G.T.
Vol. 1905, Pg. 397, D.T.R.N.C.r
Vol, 2337, Pg. 334, D. R. N.C.T.
NOTES;
1. Bearings are Based on the Texas Coordinate System of
1983 (south Zone) and referenced fa the monumenfed west
right-of--way Line of Rodd Field Rood.
2. Area ~ 0.383 Acres (1 S, 675 S. F.)
3. Temporary Construction Easemenf Area = 0.827 Acres
(3s,oor sF)
4. 5/8 inch iron rod set with o plastic cap stomped
'i4tAVERICK ENGR. V/CTORlA, TX, BOUNDARY MARKER"
of all property corners, unless noted otherwise.
5. A!! references to record data (Record = *•*)
indicate information as cifed in Vol. 57, Pg. 36, M.R.N.GT.
1, Miguel A, Escobar, hereby certify tha# the foregoing
mop was prepared from a survey, made on the ground,
under my direction and that ,i~~. is true and correct.
~,._
Maverick Engineering~f~lraE;;~~•°~~'°•T'`~'~±
'/ ~ ...r '..... ..}• ~I~+ d!
Miguel A. E"sc~sar;.~.f'.~:,~i`_"5.~'~z,D°`~~"'~`;
Revised Decem~~ ~~~,~~Zf~~r- Ad,~'g~" f ~;~reas
Revised January 9, 2(747-•`~~'-;,.~do~ rformafion
3.754 Acres out of
" Lots $, Sec. 20
Brandywine South
Unit I i
f Block 1, Lot 1
Vol. 57, Pq. T ti, M. R. N,C,
iD' Utility £asement
(Vol. 57, Pg, J6, M.ft N.C.7:)
~~
~SO' Temp. Consf. Easement
L~ S 61 19'29" E_
[T 145.00
~--~ 111 61"19'29" W =-
te17
1
5/8" lrl n
Rod Found
O dt f Development Corporation
0,690 Acres out of
Lots 9, Sec. 20
F.B. & E. F. & G. T.
Vol. 2337, Pg. 334, D.R.N.C.T,
r
AC. S0. f7.
Total Tract 12.305 536,006
Acquired J l A 0.383 1 ti, 675
_ 118 0.095
- 4, 125
~
Remainder 1 i,827 515,205
Parcel 11A
MAP TO ACCOMPANY
METES & BO UNDS DESCRIPTION:
Being a 0.383 acre (1b,675 S.F.) tract of land out of
Brandywine South Unit 1, Block 1, Lat 2, a map of which
is recorded fi Vol. 57, Pg. 36 of the Mop Records of
Nueces County Texas, said Brandywine South Unif 1, t3lock
1, Lat 2 being out of Lot 8, Sec. 2p, Flour Bluff and
Encinal Farm and Garden Tracts, a map of which is
recorded in Volume A, Pages 41 ~-43, of the Mop Records
of Nueces County, Texas.
Pro'ect 0527-510 Dote: November 20, 2006
7E1: 361 283 1385
MAVERICK FAX: 361 289 8712
P.D. t3DX 9094
ENGINIBERING. INC. CORPUS CHRISTI, TEXAS 78469
~~~ ~ ~ ~~