HomeMy WebLinkAboutC2008-205 - 6/10/2008 - ApprovedDEPARTMENT OF ENGINEERMG SERVICES
Property and Land Acquisition Division
Master Channe127 Drainage Imps -.Proj. 82263
Real Estate Sales Contract
THE STATE OF TEXAS
COUNTY OF NUECES
KNOW ALL BY THESE PRESENTS
This Contract is entered into by the following owner(s) collectively called "Seller(s)",
Alty Enterprises, Inc.
2258 Richland Dr.
Corpus Christi, TX 78418
and the City of Corpus Christi, a Texas home rule municipal corporation, 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 surface estate only of the property described below together with all
rights, privileges and appurtenances pertaining to the property situated in Nueces County,
Texas:
Being a 1.740 acre (75,815 s.f) tract of land out of that certain 16.811
tract of land being out of Lot 7, Sec 20, FB&EF> as described by
metes and bounds on the attached and incorporated as Exhibit A and
shown on survey map attached and incorporated as Exhibit B. (Premises)
2. Purchase Price. $ 235,026 cash.
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 standazd 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.
4. Special W arranty 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.
Property Taxes. Seller must pay all property taxes incurred on the Property up to and
:--' '. 2008-205 11 property taxes for the year2008, if any due and payable or incurred for
M2008-146 orated between the Buyer and the Seller from January 1, 2008 to the date
06/10/08
Alty Enterprises 1
of Closing. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by
the Title Company and the Seller agrees to pay any shortages of property taxes should they
occur during the following year. Seller will agree to execute a Tax Proration Agreement
expressly stating this agreement.
Earnest Money. Buyer deposits Two Thousand Five Hundred Dollars and no cents
($2,500.00) 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 ofthe cash payment, the Title Company will close and
finalize the conveyance 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.
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.
8. Time for Performance. This transaction will be Closed through the Title Company on or
before 90 days from the effective 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 approved and accepted by the City of Corpus
Christi City Council and executed by the City Manager of the City of Corpus Christi,
Texas, or designee. Buyer must execute this Contract within 30 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 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. 60-Day Inspection Period. Buyer shall have sixty (60) days (the "60-Day Inspection
Period") from the effective date of the contract hereof to notify Seller of Buyer's election, in
Buyer's sole discretion, to cancel this Contract and receive a refund of the Earnest Money in
the event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have
reasonable access to the Property during all normal business hours and Seller agrees to
cooperate with and assist Buyer in Buyer's inspection of the Property. Failure of Buyer to
deliver to Seller, within the 60-Day Inspection Period, written notice of Buyer's
determination that the Property is unacceptable and to terminate this Contract shall constitute
an election by Buyer to proceed with this Contract and a waiver of Buyer's right to terminate
this Contract on this basis.
a. Right of Entry.
(1) During the 60-Day Inspection Period, and at Buyer's sole expense, Buyer or Buyer's
authorized agents shall have the right to enter upon the Property for purposes of making such
land surveys, environmental site analysis, engineering studies, wetland studies, soil borings
and soil analysis as Buyer may deem necessary. Buyer shall not cause or permit damage or
injury to the Property. Upon termination of this Contract, Buyer shall promptly restore the
Property to the condition existing prior to any tests or studies conducted pursuant to this
Contract. This obligation shall survive the termination of this Contract, notwithstanding
anything to the contrary contained herein. Seller shall make available for Buyer's inspection
and copying within ten (10) days from the date hereof all reports, studies and tests in Seller's
possession with respect to the Property.
(2) In connection with Buyer's inspections, studies, and assessments, Buyer
must: (i) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in
advance, of when the inspectors or assessors will be on the Property; (iii) abide by any
reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing
operations or occupants of the Property; and (v) restore the Property to its original condition
if altered due to inspections, studies, or assessments that Buyer completes or causes to be
completed.
(3) Except for those matters that arise from the sole negligence of Seller or Seller's
agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and
expense resulting from Buyer's inspections, studies, or assessments, including any property
damage or personal injury. To the extent permitted by law, Buyer, as permitted by Texas
law will indemnify, hold harmless, and defend Seller and Seller's agents against any
claim involving a matter for which Buyer is responsible under this Section.
Environmental Condition of Property.
Definitions. "Environmental Law" shall mean any law relating to environmental conditions
and industrial hygiene applicable to the Property, including without limitation, the Resource
Conservation and Recovery Act of 1976, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Clear Air Act, the
Clear Water Act, the Toxic Substances Control Act, the Endangered Species Act, the Safe
Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all
similar applicable federal, state and local environmental statutes, ordinances and the
regulations, orders and decrees now or hereafter promulgated thereunder.
"Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste,
hazardous material, hazardous substance, or oil as defined in any Environmental Law
existing as of the date hereof.
Environmental Audit. Buyer shall have the right to cause an independent environmental
consultant chosen by Buyer, in Buyer's sole discretion, to inspect the Property, including but
not limited to an Environmental Site Analysis (ESA) Phase I and Phase II, to determine the
condition of the Property, the presence of any Hazazdous Materials and any appazent
violation of any Environmental Law (the "Environmental Audit") and to deliver a report
describing the findings and conclusions of the Environmental Audit. The cost and expense
of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals, or
at any time prior to closing Buyer otherwise becomes awaze of the existence of any
environmental condition or violation of any Environmental Law which Buyer is unwilling to
accept or the Seller is unwilling to cure, Buyer shall have the right and option to cancel this
Contract and receive a full return of the Earnest Money.
11. Broker Commission. Seller is responsible for payment of all broker's fees and commissions
incurred in connection with the sale of this property.
12. Possession. At the Closing, the Property will be conveyed free of the rights ofpossession of
any third parties in or to the Property except for valid easements, if any, filed of record and
currently in force and effect. Any possession by Buyer before closing or by Seller after
closing that is not authorized by a separate written lease agreement is a landlord-tenant at
sufferance relationship between the parties.
13. Representations and Warranties.
By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following
representations and warranties all of which will be true and correct as of the date hereof and
as of the date of closing:
Authority; No Conflict. Seller has the absolute and unrestricted right, power and authority to
execute and deliver this Contract and the documents to be executed and delivered by Seller in
connection with the closing of the transactions described in this Contract (such documents
being collectively referred to herein as "Seller's Closing Documents") and to perform its
obligations under this Contract and the Seller's Closing Documents. Seller shall present to
the Buyer and/or the Title Company, if necessary, all reasonable evidence of such authority
which may be requested by either of them. The execution and delivery of this Contract and
Seller's Closing Documents, the consummation of the transactions described herein, and
compliance with the terms of this Contract will not conflict with, or constitute a default
under, any agreement to which Seller is a party or by which Seller or the Property is bound,
or violate any regulation, law, court order, judgment, or decree applicable to Seller or the
Property, except as otherwise expressly provided herein.
No Litigation or Proceedings. Seller has no knowledge of any pending or threatened
litigation, condemnation, or assessment affecting the Property.
Environmental Representations. Except as otherwise expressly provided herein, Seller has
no knowledge that the Property contains Hazardous Materials (as defined in Section 10(b)),
contains any underground storage tanks, or is not in full compliance with all Environmental
Laws (as defined in Section 10(b)).
Title to Property. To the best of Seller's knowledge, Seller has full and complete Fee simple
title to the Property, subject only to the liens and encumbrances, if any, disclosed on the
Commitment or Survey to be furnished to Buyer hereunder.
4
No Options. No person, corporation, or other entity has or, on the date of Closing, shall have
any right or option to acquire the Property.
Compliance. Seller has not received any notice from any governmental agency regarding the
Seller's or the Property's non-compliance with applicable laws, ordinances, regulations,
statutes, rules and restrictions relating to the Property.
14. Mineral Reservation. The sale of the Property is without minerals. Seller reserves unto
itself all of its right, title and interest in and to the oil, gas and other minerals in, on, or under
the Property. If required by Buyer, Seller will execute a no-drilling agreement, prepared by
Buyer, to ensure that Seller will not construct or operate a well on the Property while
exercising its right to recover any subsurface oil, gas, or other minerals.
15. Essential. Time is of the essence in closing this transaction.
16. Effective Date. The effective date of this Real Estate Sales Contract is the date in which
the Contract is signed by the Buyer.
17. Survey. The survey included in this contract is a preliminary copy. A stamped copy will
be provided to the Seller and Title Company prior to closing.
Executed in triplicate, any of which constitutes an original.
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was ackrtowledgedbefore me on ~~~ 1(p , 2008
by Louis K. Alty, as President of Alty Enterprises, Inc. on behalf of said corporation.
KATRINA 1. HALEY
Notary Public, State of Texas
My Commission Expires
October 17, 2009
Notary Public in and for the State of Texas
[Seal]
Louts li. any, rrestaent
Buyer
CITY OF CORPUS CHRISTI, TEXAS
George K. Noe, City Manager
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ~~ , 2008
by George K. Noe as City Manager for the City of C rp s Christi, a Texas municipal corporation, on
behalf of said corporation.
[Seal]
~ ~ "•~ CONNIE PARKS
~•:
°`: " MY COMMISSION EXPIRES
Notary ublic in and for the State of Texas
APPROVED AS TO LEGAL FORM THIS __1~ DAY OF , 2008.
aD~g- `~~ AurHOmz~u
sr counca, o(P~[o og
SECRCfARr p
FOR THE CITY ATTORNEY
Ver ica OcaJias, Assistant City Attorney
Assistant City Attorney
H:\HOME\NormaR\PROJEC'Nt2263 Master Channel 27 Drainage\Parcel 12AV2ESC.over $SORAIty.dce
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Page 1 of 2
STATE OF TEXAS
COUNTY OF NUECES
PARCEL 12A
BEING A 1.740 ACRE (75,815 S.F.) TRACT OF LAND OUT OF
THAT CERTAIN 20.91 ACRE TRACT OF LAND AS RECORDED
IN VOLUME 1432, PAGE 797 OF THE DEED RECORDS OF
NUECES COUNTY, TEXAS, SAID 20.91 ACRE TRACT OF LAND
BEING OUT OF LOT 7, 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 1.740 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a set PK nail for the southeast corner of this tract, same point being the
southeast corner of said 20.91 acre tract of land, same point being the southwest corner 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, same point being on the north
boundary 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, from which a found 5/8 inch iron rod
located 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 comer of said Brandywine
South, Unit 1, Block 1, Lot 2, bears South 61°19'29" East, a distance of 600.13 feet;
THENCE, North 61°19'29" West (Record =North 61°00' West), with the south
boundary line of said 20.91 acre tract of land, same line being the north boundary line of
said The Vineyards, Unit 2 and the north boundary line of The Vineyards, Unit 1B, a map
of which is recorded in Volume 59, Pages 24-25, of the Map Records of Nueces County,
Texas, consecutively, at a distance of 635.01 feet, pass a found 5/8 inch iron rod for the
common north corner of The Vineyard Units 1B and 2, a total distance of 659.32 feet
(Record = 660 feet) to a found 5/8 inch iron rod with a plastic cap stamped "MAVERICK
ENGR. VICTORIA, TX, BOUNDARY MARKER", for the southwest corner of this
tract, same point being an interior corner of Lot 19, Block 1, The Vineyards, Unit 1-B;
THENCE, North 28°41'47" East (Record =North 29°00' East), with the west boundary
line of said 20.91 acre tract of land, same line being the east boundary line of said The
Vineyards, Unit 1B, and the east boundary line of that certain tract of land (area not
specified) as recorded in Volume 2337, Page 334, of the Deed Records of Nueces
County, Texas, at 45.05 feet pass a found 5/8 inch iron rod located at the northern most
north east corner of said The Vineyards, Unit 1B, consecutively, a distance of 69.95 feet
to a point (nothing set -underwater) for the northwest corner of this tract;
Parcel l2a.doc EXHIBIT A Initials~~
osnsios
Page 2 of 2
THENCE, South 61°19'29" East, parallel with the south boundary line of said 20.91
acre tract of land, a distance of 659.20 feet, to a found 5/8 inch iron rod with a plastic cap
stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER", for the
northeast corner of this tract, same point being on the east boundary line of said 20.91
acre tract of land, same line being the west boundary line of said Brandywine South, Unit
1, Block 1, Lot 2;
THENCE, South 28°38'05" West (Record =South 29°00' West), with the east boundary
line of said 20.91 acre tract of land, same line being 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 1.740 acres, more
or less, within these metes and bounds.
Bearings are based on the Texas Coordinate System of 1983 (South Zone) 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 = ***) indicated information as cited in Volume
1432 Page 797, of the Deed Records of Nueces County, Texas.
Randi Evans, R.P.L.S. 5373 °~'
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Maverick Engineering, Inc. 9ijj' ~~SS~~ :,~0
400 Mann Street, Suite 200 ~SUR~'~ ~~~~
Corpus Christi, Texas 78401
361-696-3726
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Lot 7, Sec. 20 I ~ ~' e
F B. & E. F. & G. T ~, ~ a
DOCJ/ 2006031089 O.PR.NCT I .~ s 4
(Record Owner: Alty Enterprises, Inc.) ~~ p h
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10' Utility Easement
(VOl 57, Pg 36, M. R.NGL)
I
Residue o/ 20.91 Acres
Volume 1432, Poge 797 D.R N. C.
No Monument
Found or Set
(underwof er) 15' Utility Easement
50 Temp. Const. Easement
S 61"1929" E-659.20'
s/a• ~roi, Parcel 12A
Rod-Found 1.740AC:;..75,815 S. F. ~:
24.31, 10' Oro/nage Easement
635.01' Doc. 958508 O. P.R.KC. T.
N 61'19'29" W-659.32'I j '
5/8" Iron
Rod Found (Record N 61'00" W-660"))
20 21 22 23 24 25 26 27
The Vineyards Unit 2
Vol. 62. Pg. 76, M. R.NC. T.
NOTES:
1. Bearings ore based on the texas Coordinate System of
1983 (South Zone) and referenced to the monumented west
right-o/-way line of Rodd Field Rood.
2 Areo = 1.740 Acres (75,815 SF)
3. Temporary Construction Easement Areo = 0.705 Acres
(30, 709 S. F.)
4. 5/8 inch iron rod set with a plastic cop stomped
"MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER"
of all property corners, unless noted otherwise.
5. All references to record data (Record = ***)
indicate in/ormotion os cited in Document No. 2006031089,
O. P. R. N. C. T.
1, Rondi Evans, hereby certily that the foregoing mop
was prepared from o survey, made on the ground,
under my direction and that it is true a^~_Bl9'^~~'~
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Brand wine South Unit 7
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Block 1, Lot 2 I Ib
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Ac. so. Fr.
Totot Tract 16.811 732,287
Acquired 12A 1.740 75,875
128 0.212 9,213
Remainder 14.783 647,259
Parcel 12A
MAP TO ACCOMPANY
METES & BOUNDS DESCRIPTION
Being o 1.740 acre (75,815 8.F) tract o/ land out of
that certain 16.871 acre tract o/ land os recorded in
Document No. 2006031089, of the Officio) Public Records
Nueces County Texas, sold 16.811 acre tract o/ land
being out of Lot 7, Sea 20, Flour BIuB and fncino/ Form
and Gorden tracts, o mop of which is recorded in Volume
A, Pages 41-43, o/ the Mop Records o/ Nueces County,
Texas.
~ Proiect/7 0527-510 Dote: Mav 14, 2008
.~
Evans, R. P. L. S. 5373