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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 6 _ •~~ °' '~ u~ ~ `8~0~ o x c ~ O t~cn'~ OVrnU ~ '~' >~ ~-~~ 'n'or za$ a a - "z r Z~ V W~N~ H ~ ~ 'I W z .r a a z lu (J~ Wr)N~ QOZp U W Q 'l :,,~ 'tZ M1 I.~. aoZ~ v '3A'd 53NOP lflbd ~ ~ ~' ~ M,oo oo.eas ~ ~ V '~ ~ ( .oQ'~O ~c `' W . ~~ ~ C d~ op 0~ 8~ ~~ ~ ~$ ~ I ~ C~~ I ~,~ Q ~ p '' ,~', ~ `, W ~ Y ~ ,_., ~ ~ CJ ~ b ~ ~ d' ~' ~ ~ ~ ~ cu U ~ c, V / W p M- ~~ CJ CJ 41 ~C'>I a 3 ~fr~G 0p S ~ N ~ ~~ Q ~ i~ z m ~ <` ' Q' r ~ r ...I a ~r c~ I ~ ~ _ ~ `~ ~ a ~ ~~~~ ~ ', ~ ~ n i ~ ~ ~~~ ~~~ ~ I >Z~ ~ ~~ ~ J- W - U ~~~ N~c~S °~ ,00'Ot9 ~ a .00'~t N ~ I ~-3„00,00.6ZN ~3.00.006tN ~ ~ ~ ~ ` ~~,~ 1 ^ + ~'~a ~ , a d ~~ ~,.~ oo w g~~ 777:. ~~~~ c J.~y- ~ ~_+J~~ 7~w FZ oO~D w 0 N<N~ ~~ ~~i~~ I 7 ~Cl ~ - ~ ~ N ~ wo~~^i ~ t~~OtiTdgt~ O ~ ~ ~ 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