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HomeMy WebLinkAboutC2008-393 - 11/11/2008 - ApprovedDEPARTMENT OF ENGMEERMG SERVICES Property and Land Acquisition Division South Guth Park Ballfield Relocation Projec[ #3337 -Parcel 3 Real Estate Sales Contract THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS This Contract is entered into by the following owners collectively called "Seller(s)", Noy R. Shockley and wife, Betty Shockley 1901 Paul Jones Ave. Corpus Christi, TX 78412 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: Peary Place Annex "B", a subdivision in the City of Corpus Christi, Texas as shown by map thereof recorded in Vol. 30, Pg. 11, map records ofNueces County, Texas. ("Premises") A metes and bounds description of the Premises is hereby attached and incorporated as Exhibit "A". A survey map showing the Premises is attached and incorporated as Exhibit "B". 2. Purchase Price. $ 130,000.00 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 standard printed exceptions and exceptions pemutted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. A reliable title insurance company or title guazanty 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 '- ----" -°` °'~°°r will pay all Closing Costs except costs to cure title, which must be 2008-393 11/11/08 M2008-288 Shockley, Noy R. & wife Betty nth Guth Ballfield Reloc\Parcel 3\RESC_Shockley.doc d 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, which is due and payable for the year, will be prorated between the Buyer and the Seller from January 1, 2008 to the date 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 yeaz. Seller will agree to execute a Tax Proration Agreement expressly stating this agreement. 6. Earnest Money. Buyer deposits Two Thousand Dollazs and no cents ($2,000.001 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 ofthe 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 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 60 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 Closing. 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 teens and conditions remain in effect between Seller and Buyer. 10. 30-Day Inspection Period. Buyer shall have thirty (30) days (the " 30-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 30-Day Inspection Period, written notice of Buyer's H:\HOMEINortnaR\PROJEC1W3337 Sau[h Guth Ballfield Reloc\Parcel 3\RESC_Shockley.doc Page 2 of 7 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 30-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 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 mayrequire; (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. 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. H:ViOME\NortnaR~PROlEC7Vf3337 South Guth Ballfield Reloc~Parcel 3~RESC_Shockley.doc Page 3 of 7 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 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 ofthe 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 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 H:ViOME\NortnaRNROJEC7Vt3337 South Guth Ballfield RelocNarcel 3~RESC_Shockley.doc Page 4 of 7 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 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. If Seller possesses the mineral rights to the subject property, 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. Seller will execute a no-drilling agreement, prepared by Buyer, to ensure that Seller will not constructor 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. Eminent Domain. Buyer is not purchasing the Property from Seller under the threat of Eminent. 17. Effective Date. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 18. Counterparts: This contract may be executed in counterparts and each shall have the effect of an original. 19. Seller and Buyer have agreed to allow Seller to remain in the Premises up to ninety (90) days after the closing date. Seller will execute a Seller's Temporary Residential Lease at closing. Executed in triplicate, any of which constitutes an original. Sellers Noy R. Shockl Betty Shockley H:WOMEWormaR~PROJECNi3337 Sash Guth Batlfield Reloc~Parcel 3\RF.SC_Shakley.doc Page 5 of 7 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on d~>~i-~~ Z j , 2008 by Noy R. Shockley. KATRINA-~~, Hgt,Ey-'~~ ery Public, Stete a/Swr.e ty Commission Expires Notary Public in and for the State of Texas October 17, 2009 [Seal] THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on QC~q,~j.~ ~-' 3 , 2008 by Betty Shockley. Not rytpubl c, Stetetof Texas Notary Public in and for the State of Texas My Commission EWJires October 17, 2009 [Seal] Buyer CITY OF CORPUS CHRISTI, TEXAS ~~ AUTMORI2ED d1 COtIRCIL..-~.Q.~~ '~"~ /~ `An .Escobar, P.E., Interim City Manager ... ~.:~ . SECRETARY ~>~• ATTEST: ARMANDO CHAPA, CITY SECRETARY H:ViOMEWormaR\PROJEC7Vi3337 Seuth Guth Balifield Reloc\Parcel 3\RFSC_Shockley.doc Page 6 of 7 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ~(~~.yyl ~{~/ ~ ~j , 2008 by `Angel R. Escobar, P.E. as Interim City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Publi in and f he State of Texas [Seal] ,: ~ taux-auoeroN °:%~~~ MYCOMMISSIONexaIflEB ~rj Sepkniher2l, 2012 ~ ~ ,~ ~ ~~ ~~ ~ APPROVED AS TO LEGAL FORM, THIS _~~ `~ DAY OF ~C~f~/ r/C~l[/ , 2008. FOR THE CITY ATTORNEY Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT H:\HOMEWormaR\PROJECNi3337 Sauth Gu[h Ballfield Reloc\Parcel 3\RESC_Shockley.doc Page 7 of 7 LEGAL DESCRIPTION 0.471 acre of land, being a portion of the south one half (1/2) of Lot `Twelve (12), Sectior, Thirty-one (31), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, as shown by the map or plat thereof, recorded in Volume A, Pages 41-43, also known and referred to as "Peary Place Annex "B", a subdivision in the City of Corpus Christi, Texas as shown by the plat thereof as recorded in Volume 30, Page 11, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes, and being more fully described by metes and bounds as follows: Commencing at a 5/8 inch diameter iron rod located at the southerly most corner of said PERRY PLACE ANNEX "B" the plat of which being duly recorded with the office of Map Records of Nueces County, Texas as file number 680238 on the 2nd. day of June, 1965, said point being on the westerly right-of-way of Paul Jones Avenue; THENCE along the southerly line of said PEARY PLACE ANNEX "B", N 61°22'38"W, five (5.00') feet, the Point of Beginning; THENCE continuing along said southerly line of PEARY PLACE ANNEX "B", N 61°22'38"W, two hundred-five (205.00') feet to a 5/8" diameter iron rod with a 2'/s inch diameter aluminum cap located at the base of a wooden fence post, the southwesterly corner of said PEARY PLACE ANNEX "B"; THENCE along the westerly line of said PERRY PLACE ANNEX "B", N 28°45'03"E, one hundred (100.00') feet to a 5/8" diameter iron rod, the northwesterly corner of said PERRY PLACE ANNEX "B"; THENCE along the northerly line of said PERRY PLACE ANNEX "B", S 61°23'26"E, two hundred, four point eight-seven (204.87') feet to a point on the westerly right-of-way of Paul Jones Avenue from which a 5/8" iron rod bears S 61°23'26"E, five (5.00') feet; THENCE along the said westerly right-of--way of Paul Jones Avenue, S 28°38'03"W, one hundred (100.00') feet, to [he Point of Beginning. Containing 20,498.36 square feet or 0.471 acre 2// O cClintock, Sr. R.P.L.S. Texas Registration No. 5907 0 v D C r 0 Z m ti z c m A O F D .~ m ' ~~~~ bb nan $QsW Vl mmmn~ a voa~ ~ ~ I~ o§~~.o., ~