HomeMy WebLinkAboutC2010-031 - 3/9/2010 - ApprovedDEPARTMENT OF ENGINEERING SERVICES
Property and Land Acquisition Division
Paul Jones @ Williams Dr. Park, #3434
Real Estate Sales Contract
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS
COUNTY OF NUECES §
This Contract is entered into by the following owner, herein called "Seller", CORPUS CHRISTI
INDEPENDENT SCHOOL DISTRICT, D. Scott Elliff, Superintendent of Schools, 801 Leopard
Street, Corpus Christi, Nueces County, Texas 78401 and the CITY OF CORPUS CHRISTI, a
Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas
78469-9277, herein called "Buyer".
1. 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 tract of land is described by metes and bounds on the attached and incorporated
exhibits as "Exhibit A" and shown on the attached and incorporated survey as
"Exhibit B" ("Property").
2. Purchase Price. $ 72,600.00 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. Special 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 and in substantively the form of the attached Exhibit C, 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. In
consideration for the Buyer's obligations under this Contract, Seller agrees to convey,
and Buyer agrees to accept the property "as is", and according to the following terms:
THE PROPERTY WILL BE CONVEYED "AS IS", "WHERE-IS" AND WITH ANY
' "" ' ~ ' "' T~~~TS, INCLUDING, BUT NOT LIMITED TO LATENT AND
2010-031
M2010-049
03/09/10
cclsD INDEXED
PATENT DEFECTS. SELLER MAKES NO WARRANTY, EXPRESSED OR
IMPLIED, AND SPECIFICALLY AND EXPRESSLY NEGATES AND DISCLAIMS
ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER
WHATSOEVER, EXPRESS OR IMPLIED WITH RESPECT TO THE PROPERTY,
INCLUDING, WITHOUT LIMITATION, (A) THE AVAILABILITY OF UTILITIES;
(B) ACCESS TO PUBLIC ROADS AND INGRESS OR EGRESS; (C) THE
VALUATION, PROFITABILITY, NATURE, QUALITY; (D) THE PHYSICAL AND
ENVIRONMENTAL CONDITION OF THE PROPERTY (INCLUDING, WITHOUT
LIMITATION, WATER, SOIL, GEOLOGICAL, OR HYDROGEOLOGICAL
CONDITIONS); (E) THE MANNER OR QUALITY OF CONSTRUCTION, STATE
OF REPAIR OR LACK OF REPAIR OF ANY IMPROVEMENTS ON THE
PROPERTY, IF ANY; (F) ZONING, RESTRICTIVE COVENANTS,
GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS, OR
COMPLIANCE OF OR BY THE PROPERTY, OR ANY OPERATION THEREOF
OR THEREON, WITH LAWS, RULES, ORDINANCES OR REGULATIONS OF
ANY GOVERNMENTAL AUTHORITY (WHETHERFEDERAL,STRTE, COUNTY,
CITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
ENVIRONMENTAL LAWS); AND/OR (G) ANY OTHER MATTER OR THING
RELATING TO OR AFFECTING THE PROPERTY OR THE CONDITION
THEREOF. NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, MATERIALS, WORKMANSHIP OR APPLIANCES HAS
BEEN MADE OR IS EXPRESSED OR IMPLIED BY THIS CONTRACT. SELLER
EXPRESSLY DISCLAIMS ANY WARRANTY OF HABITABILITY, GOOD AND
WORKMANLIKE CONSTRUCTION, SUITABILITY, OR DESIGN. PURCHASER
HAS CONDUCTED OR WILL CONDUCTITS OWN INDEPENDENT INSPECTION
OF THE PROPERTY AND HAS ELECTED NOT TO RELY ON ANY
REPRESENTATIONS THAT MAY HAVE BEEN MADE BY SELLER BUT,
RATHER, AS A SIGNIFICANT PORTION OF THE CONSIDERATION GIVEN TO
SELLER FOR THIS CONVEYANCE, HAS AGREED TO BE SOLELY AND
EXCLUSIVELY RESPONSIBLE FOR EVALUATING THE CONDITION OF THE
PROPERTY. PURCHASER REPRESENTS THAT IT IS A KNOWLEDGEABLE
PURCHASER AND THAT IT IS RELYING SOLELY ON ITS OWN EXPERTISE
AND THAT OF PURCHASER'S CONSULTANTS IN PURCHASING THE
PROPERTY. MOREOVER, PURCHASER SHALL ASSUME THE RISK THAT
ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE
PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT BE REVEALED
BY PURCHASER'S INSPECTIONS AND INVESTIGATIONS.
5. Property Taxes. Seller must pay all property taxes incurred, if any, on the Property up to
and including 2009. All property taxes for the year 2010, if any, due and payable or incurred
for the year, will be prorated between the Buyer and the Seller from January 1, 2010 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 year. Seller will agree to execute a Tax Proration
Agreement expressly stating this agreement.
6. Earnest Money. Buyer deposits Five Hundred Dollars and no cents ($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 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's Director of Engineering Services 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 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.
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
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.
c. No Obligation to Repair.
Any reports, repairs, or work required by Purchaser are the sole responsibility of Buyer, and
Buyer agrees that there is no obligation on the part of Seller to make any changes,
alterations, or repairs to the Property or to cure any violations of law or to comply with the
requirements of any insurer. Buyer is solely responsible for obtaining any certificate of
occupancy or any other approval or permit necessary for transfer or occupancy of the
Property and for any repairs or alterations necessary to obtain the same, all at Buyer's sole
cost and expense. The provisions of this section shall survive the Closing and shall not be
deemed merged into any instrument or conveyance delivered at the Closing.
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 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
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. Counterparts: Multiple original copies of this contract may be executed, and the execution
of this 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 of this contract, such that each such original copy of this 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 of this contract.
When the context requires, singular nouns and pronouns include the plural.
Executed in triplicate, any of which constitutes an original.
SELLER:
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on this the ~ day of ~„(~/~!~~~'~~ , 2010
by Dwayne Hargis as the President of the Board of Trustees for the Corpus Christi Independent
School District, on behalf of and as authorized by said school district.
~~""~~, NORMA L. HAEKEL /~~( /~/
37AOF TEXAS ~" " ~
,~,,,~ My Comm. Exp. OT-19.2011 otary
(Seal)
in for the State of Texas
APPROVED AS TO LEGAL FORM, THIS~~ DAY OF ~ ~ , 2010.
FOR THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
By:
Philip D. r ssinet, Attorney for CCISD
BUYER:
CITY OF CORPUS CHRISTI, TEXAS
P. O. Box 9277
City Hall, 1201 Leopard, THIRD FLOOR
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
Corpus Christi, Texas 78469-9277
el R. Escobar, City Manager
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ~t,V(~(,L ~ l~ , 2010
by 'Angel R. Escobar, as City Manager of the City of Corpus Christi, a Texas municipal corporation,
on behalf of said corporation.
HOLLY HOUGHTON ~-'~
nn'ca~issbNExriRES otary Public in for the St of Texas
Seplertiber 24, 2012
APPROVED AS TO LEGAL FORM, THIS _~~r ~~- DAY OF ~ , 2010.
FOR THE CITY ATTORNEY
~ ~.
By:
Veronica Ocanas, Assistant City Attorney
CITY LEGAL DEPARTMENT
1" ~~ ~~'~ AHTHURiIir.A
!sY C~NCIL.._~~~ ~~
3ECRETARr ~i-
SPECIAL WARRANTY DEED
THE STATE OF TEXAS §
§ NOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF NUECES §
That, CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT ("Grantor"), for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor, acting herein
pursuant to the resolution of the Board of Trustees of Grantor passed as of the _ day of
2010, has GRANTED, BARGAINED, SOLD and CONVEYED and by these
presents does GRANT, BARGAIN, SELL and CONVEY unto the CITY OF CORPUS CHRISTI,
TEXAS ("Grantee"), and Grantee's successors and assigns, the surface estate only of that certain
parcel consisting of approximately 2.42 acres of land, located in Corpus Christi, Nueces County,
Texas as more particularly described by metes and bounds on the attached Exhibit "A" ("Land") and
Map showing the location of the "Land" attached as Exhibit "B" together with all singular rights and
appurtenances pertaining to such Land, to the extent owned by Grantor, including all improvements
and fixtures located thereon ("Subject Property").
Grantor reserves all of the oil, gas, and other minerals in and under and that may be produced
from the Subject Property ("Mineral Reservation"), except that Grantor waives surface rights.
This conveyance is made by Grantor subject to, and Grantee assumes all obligations under,
all encumbrances, restrictions, easements, conditions, covenants and conveyances or exceptions to
title set forth in Exhibit "C" attached hereto and incorporated herein for all purposes, or visible or
apparent on the ground, applicable to and enforceable against the Subject Property.
THE SUBJECT PROPERTY IS CONVEYED "AS IS", "WHERE-IS" AND WITH
ANY AND ALL FAULTS, INCLUDING, BUT NOT LIMITED TO LATENT AND PATENT
DEFECTS. SELLER MAKES NO WARRANTY, EXPRESSED OR IMPLIED, AND
SPECIFICALLY AND EXPRESSLY NEGATES AND DISCLAIMS ANY WARRANTIES
OR REPRESENTATIONS OF ANY KIND OR CHARACTER WHATSOEVER, EXPRESS
OR IMPLIED WITH RESPECT TO THE SUBJECT PROPERTY, INCLUDING, WITHOUT
LIMITATION, (A) THE AVAILABILITY OF UTILITIES; (B) ACCESS TO PUBLIC
ROADS AND INGRESS OR EGRESS; (C) THE VALUATION, PROFITABILITY,
NATURE, QUALITY; (D) THE PHYSICAL AND ENVIRONMENTAL CONDITION OF
THE SUBJECT PROPERTY (INCLUDING, WITHOUT LIMITATION, WATER, SOIL,
GEOLOGICAL, OR HYDROGEOLOGICAL CONDITIONS); (E) THE MANNER OR
QUALITY OF CONSTRUCTION, STATE OF REPAIR OR LACK OF REPAIR OF ANY
IMPROVEMENTS ON THE SUBJECT PROPERTY, IF ANY; (F) ZONING,
RESTRICTIVE COVENANTS, GOVERNMENTAL APPROVALS, GOVERNMENTAL
REGULATIONS, OR COMPLIANCE OF OR BY THE SUBJECT PROPERTY, OR ANY
OPERATION THEREOF OR THEREON, WITH LAWS, RULES, ORDINANCES OR
REGULATIONS OF ANY GOVERNMENTAL AUTHORITY (WHETHER FEDERAL,
STATE, COUNTY, CITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
ENVIRONMENTAL LAWS); AND/OR (G) ANY OTHER MATTER OR THING
EXHIBIT "C"
RELATING TO OR AFFECTING THE SUBJECT PROPERTY OR THE CONDITION
THEREOF. NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, MATERIALS, WORKMANSHIP OR APPLIANCES HAS BEEN MADE OR IS
EXPRESSED OR IMPLIED BY THIS CONTRACT. GRANTOR EXPRESSLY DISCLAIMS
ANY WARRANTY OF HABITABILITY, GOOD AND WORKMANLIKE
CONSTRUCTION, SUITABILITY, OR DESIGN. GRANTEE HAS CONDUCTED ITS
OWN INDEPENDENT INSPECTION OF THE SUBJECT PROPERTY AND HAS
ELECTED NOT TO RELY ON ANY REPRESENTATIONS THAT MAY HAVE BEEN
MADE BY GRANTOR BUT, RATHER, AS A SIGNIFICANT PORTION OF THE
CONSIDERATION GIVEN TO GRANTOR FOR THIS CONVEYANCE, HAS AGREED TO
BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR EVALUATING THE
CONDITION OF THE SUBJECT PROPERTY. GRANTEE REPRESENTS THAT IT IS A
KNOWLEDGEABLE GRANTEE AND THAT IT IS RELYING SOLELY ON ITS OWN
EXPERTISE AND THAT OF GRANTEE'S CONSULTANTS IN PURCHASING THE
SUBJECT PROPERTY. MOREOVER, GRANTEE SHALL ASSUME THE RISK THAT
ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL
AND ENVIRONMENTAL CONDITIONS, MAY NOT BE REVEALED BY GRANTEE'S
INSPECTIONS AND INVESTIGATIONS.
TO HAVE AND TO HOLD the Subject Property, together with all and singular the rights
and appurtenances thereto and anywise belonging, unto Grantee, its successors and assigns forever,
subject to all matters of record and the matters herein stated, Grantor binds Grantor and Grantor's
successors and assigns to warrant and forever defend title to the Subject Property unto Grantee,
Grantee's successors and assigns against every person whomsoever lawfully claiming by, through, or
under Grantor, but not otherwise.
EXECUTED this day of , 2010.
GRANTOR:
CORPUS CHRISTI INDEPENDENT SCHOOL
DISTRICT
By:_
Name:
President of the Board of Trustees
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on by
,President of the Board of Trustees of Corpus Christi Independent
School District, an independent school district organized under the laws of the State of Texas, on
behalf of said school district.
Notary Public in and for
The State of T E X A S
Name:
My Commission Expires:
ACCEPTED AND AGREED TO BY GRANTEE:
CITY OF CORPUS CHRISTI
By:
Name:
Title:
AFTER RECORDING, RETURN TO GRANTEE:
CITY OF CORPUS CHRISTI, PROPERTY & LAND ACQUISITION DEPT.
P. O. BOX 9277
CORPUS CHRISTI, TEXAS 78469-9277
EXHIBIT "A"
TO DEED
Paul Jones at Williams Drive Park - #343'7
STATE OF TEXAS
COUNTY OF NUECES
BEING a tract of land containing 2.42 Acres (105,357 Sq. Ft.) of land out. of .Lot 12, Section
31 of the Flour Bluff and Encinal Farm and Garden Tracts as shown on plat thereof
.recorded In Volume A, Pages 41-43 of the Map Records of Nueces County, Texas. This
2.42 Acre Tract being more particularly described by metes and bounds as follows:
COMMENCING at a Set 5/8" Iron Rod stamped "City of Corpus Christi, TX" at the common
corner of Lots 9, 10, 11, and 12, Section 31, Flour Bluff and Encinal Farm and Garden Tracts as
recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas;
THENCE S29°00'00"W along the southeasterly boundary line of said Lot 11, Section 31 a
distance of 20.00' to a Set 5/8"Iron Rod stamped "City of Corpus Christi, TX", being the Point
of Beginning of this tract;
THENCE S61 °00'00"E along 'the southwesterly right-of-way line of a 40' wide Road known as
Williams Drive (Not constructed) a distance of 634.51' to a Set 5/8" Iron Rod stamped "City of
Corpus Christi, TX", .being the northeasterly comer of this tract;
THENCE S29°02'30"W along the northwesterly boundary line of a 25' wide tract of land
described in Document #2009025059 of the Official Public Records of Nueces County Texas, a
distance of 166.06' to a Set 5!8" Iron Rod stamped "City of Corpus Christi, TX", on the
northeasterly boundary line of a 7.195 Acre tract of land described in Document #2007002924
of the Official Pubic Records of Nueces County Texas, being the southeast corner of this tract;
THENCE N61 °00'00"W along the northeasterly boundary line of said 7.195 Acre tract a distance
of 634.39' to a Set 518" Iron Rod stamped "City of Corpus Christi, TX", being the southwesterly
corner of this tract;
THENCE N29°00'00"E along.. the southeasterly boundary line of a 29.455 Acre tract of land
described in Document #2008013794 of the Official Public Records of Nueces County Texas, a
distance of 166.06' to the POINT AND PLACE'OF BEGINNING and containing 2.42 Acres of
land.
Bearings are based on the northwesterly boundary line of a 20 Acre tract as described in
Volume 283, Pages 302-303 of the Deed Records of Nueces County, Texas.
State of Texas
County of Nueces
I, Russell D. Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi,
hereby certify that the foregoing field notes were prepared by struments of record and
an on the ground survey. K E ~.F rF
.~P.~a~ s rF,~~'Iy
This the 21ST day of August, 2008 ~'' P ~ ° ~ `~
G ,RUSSELL D..OCHS.
• ~• A9~ 5241 ~r`;•Q.,
Russell D. Ochs '9iy • ."FSS~c . ;t0
State of Texas License No. 5,241 ~ s t~i ~ `!
EXHIBIT "'B'' TO DEED
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EXHIBIT "C"
TO DEED
PERMITTED EXCEPTIONS
1. Mineral and/or Royalty Deed dated June 30, 1936, from Carl H. Poenisch to Frederick R.
Poenisch, recorded under Clerk's File No. 102982, Volume 27, Page 362, Oil and Gas
Records of Nueces County, Texas; together with all rights incident to the owners and lessees
of the minerals. Title to said interest not checked subsequent to date of aforesaid instrument.
Easement and Right of Way dated February 7, 1941, from Robert F. Poenisch and Anna
Poenisch, husband and wife to Central Power and Light Company, a private corporation,
recorded under Clerk's File No. 160312, Volume 266, Page 411, Deed Records of Nueces
County, Texas.
Oil, gas and mineral lease dated August 9, 1965, from Corpus Christi Independent School
District to Robert C. Treadwell, recorded under Clerk's File No. 691975, Volume 219, Page
102, Oil and Gas Records of Nueces County, Texas, together with all rights incident to the
owners and lessees of the minerals. Title to said interest not checked subsequent to date of
aforesaid instrument.
Oil, gas and mineral lease dated November 1,1975, from Corpus Christi Independent School
District to Davis Oil Co., recorded under Clerk's File No. 390, Volume 308, Page 323, Oil
and Gas Records of Nueces County, Texas, together with all rights incident to the owners
and lessees of the minerals. Title to said interest not checked subsequent to date of aforesaid
instrument.
RESERVATION by Grantor of all oil, gas and other minerals, by virtue of the transfer of the
"surface estate only" in Deed dated June 8, 2009, from Corpus Christi Independent School
District to the City of Corpus Christi, Texas, recorded under Clerk's File No. 2009025059,
Official Public Records, Nueces County, Texas, together with all rights incident to the
owners and lessees of the minerals; title to said interest not checked subsequent to date of
aforesaid instrument.
2. Any and all restrictions which are required to be contained in any conveyance of real
property by any school district in the State of Texas pursuant to the Modified Order in United
States v. State of Texas et al., C.A. 5281, including but not limited to the following:
The further covenant, consideration and condition is that the following restrictions
shall in all things be observed, followed and complied with:
(a) The above-described realty, or any part thereof, shall not be used in the
operation of, or in conjunction with, any school or other institution of
learning, study or instruction which discriminates against any person
because of his race, color or national origin, regardless of whether such
discrimination be effected by design or otherwise.
(b) The above-described realty, or any part thereof, shall not be used in the
operation of, or in conjunction with, any school or other institution of
learning, study or instruction which creates, maintains, reinforces, renews
or encourages, or which tends to create, maintain, reinforce, renew or
encourage, a dual school system.
These restrictions and conditions shall be binding upon Grantee, its successors and assigns,
for a period of fifty (50) years from the date hereof; and in case of a violation of either or
both of the above restrictions, the estate herein granted shall, without entry or suit,
immediately revert to and vest in the Grantor herein and its successors, this instrument
shall be null and void, and Grantor and its successors shall be entitled to immediate
possession of such premises and the improvements thereon; and no act or omission upon
the part of Grantor herein and its successors shall be a waiver of the operation or
enforcement of such condition.
The restrictions set out in (a) above shall be construed to be for the benefit of any person prejudiced
by its violation. The restrictions specified in (b) above shall be construed to be for the benefit of any
public school district or any person prejudiced by its violation.
H:~1-IOME~IVormaR~PROJECT~#3434 Paul Jones @ Williams Dr~RESC to Cityof Corpus Christi - Combined_2010.doc