HomeMy WebLinkAboutC2008-335 - 9/9/2008 - ApprovedDEPARTMENT OF ENGINEERING SERVICES
Property and Land Acquisition Division
CCIA Airfield Drainage Improvements
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",
Emil Martin Zuberbueler, John Ulrich Zuberbueler, Jr., Patrick Kelly Zuberbueler, and
Matthew Haby Zuberbueler
520 N. Street SW, 5520
Washington, D.C. 20024
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:
The tracts of land are described by metes and bounds on the attached
and incorporated as "Exhibits A, B, and C".
2. Purchase Price. $ 55,654 cash.
3. 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.
4. Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller
must execute a General 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. Property Taxes. Seller must pay all property taxes incurred on the Property up to and
including 2007. All property taxes for the year 2008, if any due and payable or incurred for
«'-~ ••~°- •°~"'-~ ~~~rated between the Buyer and the Seller from January 1, 2008 to the date
2008-335
09/09/08
M2008-237
Zuberbueler, Emil M., et al
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.
6. 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 of the 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.
7. Restrictions on Title. Buyer accepts title to the Property subj ect 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 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 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.
9. Survives Closiug. This Contract survives Closing of the sale of the Property and the
delivery 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. 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 ofBuyer's election, in
Buyer's sole discretion, to cancel this Contract and receive a refired ofthe 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 ofBuyer's right to terminate
this Contract on this basis.
2
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 ofmaking 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 hereofall 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 ofthe Property; and (v) restore the Propertyto 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.
b. 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 Hazardous Materials and any apparent
3
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 aware 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 of possession 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 alandlord-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.
No Options. No person, corporation, or other entity has or, on the date of Closing, shall have
4
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 ofthis Real Estate Sales Contract is the date in which
the Contract is signed by the Buyer.
17. Counterparts: Multiple original copies of this contract may be executed, and the execution
ofthis contract may be through the execution by the parties of separate counterparts. All of
the original copies of this contract together shall constitute one agreement, binding on all of
the parties hereto notwithstanding that the parties hereto may or may not be signatories to the
same counterpart. Each of the undersigned parties authorizes the assembly of one or more
original copies ofthis contract, such that each such original copyofthis contract shall consist
of (i) the body of this contract and (ii) counterpart signature pages and acknowledgment
pages which collectively include all of the signatures and acknowledgments of the parties
hereto. Each such contract shall constitute one original ofthis contract.
When the context requires, singulaz nouns and pronouns include the plural.
Executed in triplicate, any of which constitutes an original.
Sellers
Emil Martin Zuberbueler
John Ulrich Zuberbueler, Jr.
Patrick Kelly Zuberbueler
Matthew Haby Zuberbueler
Emil Martiu Zuberb ler
THE STATE OF ~ ^ n A§
COUNTY OIF ,~ (~ ~ ,t, 4~ § ~, - _,r~ ICS
This instrument was ac owledged before me on ~`~' v' r , 2008
by Emil Martin Zuberbueler. ~~v (((JJJ
Cstn~2
Public in and for the State of ~/iii n ~ ~
[Seal]
John Ulric uberbueler, Jr.
THE STATE OF T~ §
COUNTY OF ~ §
This instrument was acknowledged before me on ~,~J~~ , 2008
by John Ulrich Zuberbueler, Jr. ~°
otary Public in and for the State of Texas
[Seal]
~~°
y, ~,: CAROLINE E ADAMS
- _` MY COMMISSION EXPIRES
s..aa.. Febmery23,2012
~~~
Patrick K ly berbueler
THE STATE OF TEXAS §
COUNTY OF ~jexa~ §
This instrument was acknowledged before me on /~ y5U S 7 ~~
by Patrick Kelly Zuberbueler.
~"
Nota Pu in and for the State of Texas
[Seal]
~W~
MANUELFLORESJR.
Notary public, State o1 Texaa
~? .F'~ 61y Comm. Expires May 19.1012
2008
THE STATE OF vIRGiNiA§
COUNTY OF PRINCE §
WILLIAM
This instrument was acknowledged before me on
by Matthew Haby Zuberbue~er.
~~, ~ . ~ ~~
Public in and for the State of i rg i n i a
[Seal] ~~a~.....aq.
~..~~ p KAY T
~t~, •'NOTARY~'•
U it pl)BLIC
REG 117160776
MY COMMISSI01
? n, •, EXPIRES
2008
Buyer
CITY OF CORPUS CHRISTI, TEXAS
.~,~' 8
el R. Escobar, P.E., Interim City M a er
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF NUECES § ~ p r
This instrument was acknowledged before me on v Iln.~~,~ ~ , 2008
by `Angel R. Escobar, P.E. as Interim City Manager of the Cit of Corpus Christi, a Texas municipal
corporation, on behalf of said corporation.
~~~
Notary PublJC in and for the State of Texas
_,~~n'fi~., CONNIEPAHKS
~: ~'= MY COMMISSION E%PIRES
[Seal] s NovemDer9,2011
APPROVED AS TO LEGAL FORM THIS r~AY OF ~%~u-iiCiY , 2008.
FOR THE CITY ATTORNEY
Veronica OcaJias, Assistant City Attorney ~~~ ~ ~`/
CITY LEGAL DEPARTMENT ~"'-~-----.-~...,../~I
er couxcu
H:\HOME\NOrmaR\PROJEClW10020 CCL4 Drainage\Parcel 1\RESC.Zuberbueler.doc
10
METES 6 BOUND3
PARCEL 1
6.519 ACRE TRACT
BEING A TRACT OF LAND CONTAINING 6.519 ACRES LOCATED IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, AND BEING OUT OF AND PART OF TRACT 2 OF THE
SUBDIVISION OF THE MARGARET KELLY LAND AS SHOWN ON THE PLAT THEREOF RECORDED IN
VOLUME 8, PAGE 90 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND HEING FURTHER
OUT OF AND PART OF THAT CERTAIN CALLED 15.929 ACRE TRACT 2-lA SHOWN ON THE MAP
ENTITLED "SUBDIVISION OF TRACT NO~. 2 OF MARGARET KELLY FARM LAND BY CECILIA
KELLY" RECORDED AT VOLUME 7, PAGE 297 OF THE MISCELLANEOUS MAP RECORDS OF
NUECES COUNTY, TEXAS, WITH AN UNDIVIDED 6.8778 INTEREST IN SAID TRACT 2-lA
HAVING BEEN CONVEYED BY MARY ELIZABETH ZUBERBUELER TO EACH OF EMIL MARTIN
ZUBERBUELER, JOHN ULRICH ZUBERBUELER, JR., PATRICK KELLY ZUBERBUELER, AND
MATTHEW HABY ZUBERBUELER BY GIFT DEED RECORDED AT DOCUMENT NUMBER 1996049363 OF
THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS, SAID 6.514 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: (BEARINGS IN
THIS DESCRIPTION ARE REFERENCED TO THE BEARING OF NORTH FOR THE WEST LINE OF
TRACT 2 OF THE AFOREMENTIONED SUBDIVISION OF THE MARGARET KELLY LAND. ALSO,
THE SET 3/9" IRON RODS WITH PLASTIC CAPS REFERRED TO IN THIS DESCRIPTION HAVE
THE FOLLOWING STAMPED ON SAID CAPS: MGM, INC. RPLS 89793)
BEGINNING at a 5/8" iron rotl found for the common northwest corner of said
Tract 2,Tract 2-1A and the 6.519 acre tract herein described, said corner being
a call of South a distance of 2,677.12' from the center line of Kosar Road;
THENCE, East, along the Common north line of Said Tract 2 and Tract 2-1A, a
distance of 508.63' (call distance 508.69') to a 3/9" iron rod with plastic
cap set for the northwest corner of that certain called 15.029 acre tract of
land conveyed for drainage ditch right-of-way purposes by Cecilia Kelly to the
City of Corpus Christi, Texas, a Municipal Corporation, by instrument recordetl
at Volume 1055, Page 560 of the Deed Records of Nueces County, Texas, said iron
rod also marking the northeast corner of the 6.519 acre tract herein described;
TRENCB, S 00° 02` 20" E, leaving the north line of said Tract 2 along the
westerly line of said drainage ditch right-of-way (210' wide), a distance of
99.09' to a 3/9" iron rod with plastic cap set for a point of curvature of a
curve to the left, said iron rod bearing S 89° 37' S0" W a distance of 209.59'
from a found iron T-bar;
THENCE, continuing along said westerly line and curve to the left possessing a
central angle of 92° 02' 20", a radius of 367.09• and a chord bearing
S 21° 03' 30" E - 263.30', a distance of 269.30' to a 3/9" iron rod with
plastic cap set for a point of tangency;
THENCE, S 92° 09' 90" E, continuing along the westerly line of said drainage
ditch right-of-way, a distance of 266.35' to a 3/9" iron rod with plastic cap
set for the southeast corner of the 6.519 acre tract herein described, said
iron rod bearing N 92° 09' 90" W a distance of 557.83' from a 3/9" iron rod
with plastic cap set along said westerly line for the southeast corner of said
Tract 2-1A;
TBENCB, N 88° 31' 37" W, leaving the westerly line of said drainage ditch
right-of-way, a distance of 782.02' to a 3/9" iron rod with plastic cap set
along the common west line of said Tract 2 and Tract 2-lA for the southwest
corner of the 6.514 acre tract herein described, said iron rod bearing North a
distance of 939.12' from the southwest corner of said Tract 2-lA and North a
distance of 2,208.66' from a 5/8" iron rod found for the southwest corner of
said Tract 2;
THENCB, North, along the common west line of said Tract 2 and said Tract 2-lA,
a distance of 967.35' to the POINT OF EEGIlIIIING and containing 6.519 acres
(283,749 square feet) of land.
This description has been prepared in conjunction with an exhibit of like date
of the subject 6.519 acre tract. Also, this description is based on an actual
on the ground survey performed under the supervision of Steven L. Guy, R. P. L. S.
No. 9793. f
f i
@ O 4 i.
STEVEN L IXlY
._ /
"o s'un ~°-~ EXHIBIT ~
s . oS
148TB8 i BWADB
PARCaL 2
4.O1B ACRE 'TRACT
BEING A TRACT OF LAND CONTAINING 4.015 ACRES LOCATED IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, AND BEING OUT OF AND PART OF TRACT 2 OF THE
SUBDIVZSION OF THE MARGARET KELLY LAND AS BHONN ON THE PLAT THEREOF RECORDED IN
VOLONE S, PAGE 90 OF THE NAP RBCORDS OF NUECE9 COUNTY, TEXAS, AND BEING FURTHER
OOT OF AND PART OF THAT CERTAIN CALLED 15.929 ACRE TRACT 2-lA 9H047N ON TBE NAP
ENTITLED ^SUBDIVISION OF TRACT NO. 2 OF MARGARET KELLY FARM LAND BY CECILIA
RELLY^ RECORDED AT VOLIR~ 7, PAGE 247 OF THE MISCELLAN600S NAP RECORDS OF
NOECES COUNTY, TEXAS, KITH AN UNDIVIDED 6.8771 INTEREST IN SAID TRACT 2-lA
RAVING BEEN CONVEYED 8Y NARY ELIZABETH 80BERBUSLER TO EACR OF EVIL NMTIN
LUBERBOBLER, JORN ULRICR 80BERBUSLER, JA., PATRICK KELLY BUBERBOELER, AND
HATTXEM RABY 808ERHUELER BY GIFT D86D RECORDED AT DOCOMENT NONBER 1996099363 OF
THE OFFICIAL PUBLZC REC0RD9 OF NUEC63 COUNTY, TEXAS, 8AID 4.015 ACRE TRACT
BEING NDRE PARTICULARLY OBSCRIBED BY NETB3 AND BOONDS AS FOLLONS: (BEARINGS 1N
THIS DESCRIPTION ARE REFERENCED TO THE BEARING OF NORTH FOR THE NEST LINE OF
TRACT 2 OF THE AFOREMENTIONED SOHDIVISION OF THE MARGARET KELLY LAND. ALSO,
TBE SET 3/4" IRON RODS WITH PLASTIC CAPS REFERRED ~TO IN THI6 DESCRIPTION RAVE
THE FOLLONING STAMPED ON SAID CAPS: MGM, INC. RPLS 197437
COIHRNCIIR: at a 5/8" iron rod found for the common northwest coiner of said
Tract 2 and said Tract 2-1A, said earner being a call of South a distance of
2,677.12' fzoaa the center line of Kocar Road;
~, 8outh, along the common west line of said Tract 2 and said Tract 2-lA,
a distance of 467.35' to the northwest corner and OOINT OF 8E61NNIN0 of the
4.015 acre tract herein described;
17WRS, S BB' 31' 97^ E, leaving the common west line of said Tract 2 and said
Ttact 2-lA, a distance of 782.02' to a 3/4^ iron rod with plastic cap set along
the westerly line of that certain called 15.024 acre tract of land conveyed for
drainage ditch right-of-way purposes by Cecilia Kelly to the City of Corpus
Christi, texas, a Nuniclpal Corporation, by instrument recorded at Volume 1055,
Page 56D of the Daetl Records of Nuecas County, Texas, said iron rotl marking the
northeast corner of the 4.015 acre tract herein deaczibadr
TIDORRi, S 42° 04. 40^ E, along the westerly line of said drainage ditch right-
of-way, a tliatance of 275.95' to a 3/4^ iron rotl with plastic cap set for the
southeast corner of the 9.015 acre tract herein described, said Iron rod
bearing N 42° 04' 40^ N a distance of 281.88' from s 3/4^ iron rod with plastic
cap set along said westerly line for the southeast corner of said Tract 2-1A;
TSBi1CR, N 88° 31. 37" N, ieaving the westerly line of said drainage ditch
right-of-way, a distance of 967,01' to a 3/4" iron rod with plastic cap set
along the common west line of said Tract 2 and Tract 2-lA for the southwest
corner of the 4.015 acre tract herein described, said lron rod bearing North a
dlstanca of 29q.05• from Lha southwest corner of said Tract 2-lA and North a
distance of 2,008.59' from a 5/8" iron rotl found for the southwest corner of
said Tract 2;
!~, North, along the common mat line of said Tract 2 and said Tract 2-lA,
a distance of 200.07' to the pOmT OF BZ61~7IIap and containing 4.015 scree
(174,903 aguare feet) of land.
This deacrlption hea been prepared in conjunction with an exhibit of like date
of the subject 4.015 acre tract. Alpo, this description is based on an actual
on the ground survey performed under the supervision of Steven L. Guy, R.P.L.S.
No. 4713.
METES L BOUNDS
PARCEL 3
5.372 ACHE TRACT
BEING A TRACT OF LAND CONTAINING 5.372 ACRES LOCATED IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, AND BEING OUT OF AND PART OF TRACT 2 OF THE
SUBDIVISION OF THE MARGARET KELLY LAND AS SHOWN ON THE PLAT THEREOF RECORDED IN
VOLUME B, PAGE 90 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING FURTHER
OUT OF AND PART OF TNAT CERTAIN CALLED 15.929 ACRE TRACT 2-lA SHOWN ON THE MAP
ENTITLED "SUBDIVISION OF TRACT N0. 2 OF MARGARET KELLY FARM LAND BY CECILIA
KELLY" RECORDED AT VOLUME. 7, PAGE 297 OF THE MISCELLANEOUS MAP RECORDS OF
NUECES COUNTY, TEXAS, WITH AN UNDIVIDED 6.877$ INTEREST IN SAID TRACT 2-lA
HAVING BEEN CONVEYED BY MARY ELIZABETH ZUBERBUELER TO EACH OF EMIL MARTIN
2UBERBUELER, JOHN ULRICH ZUBERBUELER, JR., PATRICK BELLY EDBERBUELER, AND
MATTHEW BABY ZUBERBUELER BY GIFT DEED RECORDED AT DOCUMENT NUMBER 1996099363 OF
THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS, SAID 5.372 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: (BEARINGS IN
THIS DESCRIPTION ARE REFERENCED TO THE BEARING OF NORTH FOR THE WEST LINE OF
TRACT 2 OF THE AFOREMENTIONED SUBDIVISION OF THE MARGARET KELLY LAND. ALSO,
THE SET 3/9" IRON RODS WITH PLASTIC CAPS REFERRED TO IN THIS DESCRIPTION HAVE
THE FOLLOWING STAMPED ON SAID CAPS: MGM, INC. RPLS 89793
COTDffit9CII9G at a 5/8" iron rod found for the common northwest corner of said
Tract 2 and said Tract 2-lA, said corner being a call of South a distance of
2,677.12' from the center line of Kosar Road;
THENCE, South, along the common west line of said Tract 2 and said Tract 2-1A,
a distance of 667.92' to the northwest corner and POINT OF BEGINNING of the
5.372 acre tract herein described;
TB=NCE, S 88° 31' 37^ E, leaving the common west line of said Tract 2 antl said
Tract 2-lA, a distance of 967.01' to a 3/9" iron rotl with plastic cap set along
the westerly line of that certain called 15.029 acre tract of land conveyed for
drainage ditch right-of-way purposes by Cecilia Kelly to the City of Corpus
Christi, Texas, a Municipal Corporation, by instrument recorded at Volume 1055,
Page 560 of the Deed Records of Nueces County, Texas, said iron rod marking the
northeast corner of the 5.372 acre tract herein described;
THENCE, S 92° 09' 90" E, along the westerly line of said drainage tlitch right-
of-way, a distance of 281.88' to a 3/9" iron rod with plastic cap set for the
common southeast corner of said Tract 2-lA and the 5.372 acre tract herein
describetl;
TIBiNCE, N 89° 59. 56" W, leaving the westerly line of said drainage ditch
right-of-way along the south line of said Tract 2-lA, at a distance of 2.21'
pass a found 5/8" iron rod, continuing in all a total distance of 1,155.58'
(call = West - 1,156.39') to a point along the west line of said Tract 2 Eor
the common southwest corner of said Tract 2-lA and the 5.372 acre tract herein
described, said iron rod bearing S 89° 59' 56" E a distance of 0.06' from a
found 5/8" iron rod and North a distance of 1,779.59' from a 5/B" iron rod
found fox the southwest corner of said Tract 2;
TEDSNCB, North, along the common west line of said Tract 2 and said Tract 2-lA,
a distance of 239.05' to the POINT OF HEGINNIIQG and containing 5.372 acres
(239,010 square feet) of land.
This description has been prepared in conjunction with an exhibit of like date
of the subject 5.372 acre tract. Also, this description is based on an actual
on the ground survey performed under the supervision of Steven L. Guy, R. P. L. S.
No. 9793.
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e
~~ 4743 ger
~1,'-°,°,;ats~:~ ~
~ SUM
a os EX~I~N°~