HomeMy WebLinkAboutC2010-042 - 3/23/2010 - ApprovedDEPARTMENT OF ENGINEERING SERVICES
Property and Land Acquisition Division
Yorktown Blvd. Staples -Cimarron (Bond 2008) #6464, Pacel 2
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(s) collectively called "Seller(s)", CHARLES
L. BELAYS as ATTORNEY-IN-FACT FOR CHARLES B. BELAYS, 6008 Yorktown Blvd.,
Corpus Christi, Nueces County, Texas 78414 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 tract of land is described by metes and bounds on the attached and incorporated
as Exhibit "A" and shown on the attached map and incorporated as Exhibit "B".
(Premises)
2. Purchase Price. $ 80,420 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 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 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
2010-042
M2010-059
03/23/10 1
Charles L. Bent's 'NDc:/~,.+
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 One Thousand Dollars and no cents ($1 000.00) 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 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 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
2
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: utility
relocation, 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.
3
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 of the rights of possession of
any third parties in onto 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 maybe 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.
4
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. S eller 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.
SELLER(S):
Executed in triplicate, any of which constitutes an original.
5
SELLER
t/'
harles L. Benys, Attorney-in-Fact
THE STCCATE OF~~.!!'CL-TES §
COUNTY OFD §
This instrument was acknowledged before me on ~-~- ~ , 2010
by Charles L. Benys, as Attorney-in-Fact for Charles B. Benys.
Notary Public in and f e State of '^S~.vc..~„~.
[Seal] v
. ..........
IgTiAf0111 tiEAl
J~WIN HALEY tiEANEY
BUYER ~ ~~ ~
Mf- Com~iaton Ex01ra 8p 16, 2012
CITY OF CORPUS CHRISTI, TEXAS
~ ~~w
` gel R. Escobar, City Manager
aQ ~ „~~.AUTlIOR1ZEd
ATTEST:
13Y COtlNGII ~~.°~3 D
ARMANDO CHAPA, CITY SECRETARY
~,,,
SECReT~ Attu y~~-
6
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ~( ~'~-~ , 2010
by `Angel R. Escobar, as City Manager for the City of Corpus Christi, a Texas municipal
corporation, on behalf of said corporation.
~'" "'~y HOLLYHOUQHTON
_ MY24,~ 2ES
,~„~ Notary Public in and for th tate of Texas
[Seal]
''
APPROVED AS TO LEGAL FORM THIS -~~ DAY OF ~, 2010.
FOR THE CITY ATTORNEY
~i ~~--~.
~~~
Veronica Ocanas, Assistant 'ty Attorney
Assistant City Attorney
H:~HOME~IVormaR~PROJECT~#6464 Yaktown St. Imps~Parcel 2~BENYS_RESC_REVISED 2-19-10.doc
7
PARCEL NO. 2
STATE OF TEXAS
COUNTY OF NUECES
Field Note Description for 0.211 acre tract of land
Field note description of a 0.211 acre tract (9,180 square feet) of land being out of a 2.36 acre
tract of land conveyed to Charles B. Benys by document recorded in Document 1997048144 of
the Official Records of Nueces County, Texas, same being out of Lot 11, Section 10, of the Flour
Bluff & Encinal Farm & Garden Tracts, as shown on map recorded in Volume A, Pages 41-43 of
the Map & Plat Records of Nueces County, Texas; said 0.211 acre tract of land being more
particularly described as follows:
Commencing at a 5/8 inch iron rod found for the southwest corner of Lot 1, Block 2 of the
King's Point Unit 3 as recorded in Volume 64, Pages 231-233 of the Map and Plat Records of
Nueces County, Texas;
Thence S 61 ° 16'52" E, along and with the North ROW line of Yorktown Boulevard, same being
the south boundary line of said Lot 1, Block 2, of the King's Point Unit 3 passing a 5/8 inch iron
rod found at a distance of 315.11 feet in all a distance of 855.06 feet to a point on the east line of
47.307 acre tract of land conveyed to Del Mar Distributing Company, Inc. by document recorded
in Volume 1660, Page 98 of the Deed Records of Nueces County, Texas, and by document
recorded in Volume 1660, Page 107 of the Deed Records of Nueces County, Texas, and
conveyed to William B. Miller, Jr. by Quitclaim Deed recorded in Volume 2013, Page 907 of the
Deed Records of Nueces County, Texas; same being on the west line of a said 2.36 acre tract of
land;
Thence S 28°34'39" W, a distance of 5.00 feet with the east line of a said 47.307 acre tract of
land, and the west line of said 2.36 acre tract of land, to a 5/8 inch iron rod set with a yellow cap
stamped "RPLS 5886" set for the POINT OF BEGINNING and a corner of the herein
described tract;
Thence S 61 ° 16'52" E, a distance of 367.24 feet across said 2.36 acre tract of land to a 5/8 inch
iron rod with a yellow cap stamped "RPLS 5886" set on the east line of said 2.36 acre tract of
land and on the west line of the remaining tract of land conveyed to Cloudcroft Land Ventures,
Inc. as recorded in Document 2001039485 of the Official Records of Nueces County, Texas,
same being a corner of the herein described tract;
t
PARCEL NO. 2
Thence S 28°43'28" W, a distance of 25.00 feet with the east line of a said 2.36 acre tract of land
and with the west line of said tract of land conveyed to Cloudcroft Land Ventures, Inc., to a 5/8
inch iron rod found for a corner of the herein described tract;
Thence N 61 ° 16'52" W, a distance of 367.18 feet to a 5/8 inch iron rod with a yellow cap
stamped "RPLS 5886" set for a corner of the herein described tract, whence a 60D nail found
bears S 28°34'39" W a distance of 40.15 feet;
Thence N 28°34'39" E, a distance of 25.00 feet to the POINT OF BEGINNING and containing
0.211 acres (9,180 square feet) of land in Nueces County, Texas. Said tract being described in
accordance with a survey made on the ground under my supervision and a survey map prepared
by Capnor USA Inc.
Bearing Basis is the Texas Coordinate System, South Zone 4205, NAD83. Bearings are Grid,
Distances and Area are Surface.
` D'~ ~ I
Xa ier Sandoval
Re istered Professional Land Surveyor
No.5886
•.
';USE F~S~
...
~~Q~c~ ~r ;.••opJP~
cn: .~SPN .••'
~~J~E,.~&s56 o~~~C
•~ ~ _ ~
~,
,. •. pROFF ~~
~~a~
r
`yo
DEL MAR DISTRIBUTING CO., INC.
REMAINING PORTION OF A
47.307 ACRE TRACT FND 5/8"
VOL. 1660, PGS. 98 IRON ROD \
D.R.N.C.,TX. \\\
DEL MAR DISTRIBUTING CO., INC.
REMAINING PORTION OF A
47.307 ACRE TRACT
VOL. 1660, PG. 107
D.R.N.C.,TX.
G'S POINT ~iJNIT 5
UME 64, PA ES 7-8
M.&P.R.N.C., TX.
LOT. 12 ~ LOT 11 ~ LOT 10
BLOCK 4 LOT 8 LOT 7 LOT 6
LOT 9
FLOUR BLUFF & ENCINAL FARM
& GARDEN TRACTS
LOT 11, SECTION 10
VOLUME A, PAGES 41-43
M.&P.R.N.C., TX.
WILLIAM B. MILLER, JR.
REMAINING PORTION OF A
47.307 ACRE TRACT
VOL. 2013, PG. 907
FND 5/8" D.R.N.C.,TX.
IRON ROD W/ CAP STAMPED 10' U.E.,
"BASS AND WELSH" DOC. ~/ 2004044022
POINT OF O.R.N.C.,TX.
OMMENCEMENT Doc. ~ 2oosoos357
O.R.N.C.,TX.
CONCRETE
DRIVE ~
S 28'34'39" N
5.00
S 61'16'52" E 855.06
T POINT OF
/
NEW R.O.W.
BEGINNING
N
- - - - - - a-ce-a~r~p -w~
_ 40.15 _
CHARLES B BENYS
2.36 ACRES
DOC. # 1997048144
O.R.N.C.,TX.
1-STORY
HI OUSE I ASPHALT
~--~LJf DRIVE
;2sss'- .S 61'16'52" E
367.24'
U
Z
W
~ N
v
~o~
p0U
~N~
~O
op
4: p
0
0
U
1-STORY 15' U.E.,
°o -
FND 5/8" ~
IRON ROD
_ PARCEL N0. 2
_ 9,180 SQ. FT. _
X21 1 A~ S~
HOUSE i DOC. ~j 2009018033
~ O.R.N.C.,TX.
S 28'43'28" W -
3a:~2'- ; ;, - - 25.00'
CURRENT R.O. N G1"~6~52° W
~--- -----36Z-I-8~---
YORKTOWN BLVD..
FND 60D
NAIL
0' 100' 200' 300'
SCALE: 1 " = 100'
I HEREBY CERTIFY THAT THIS SURVEY CONFORMS TO THE MINIMUM
STANDARDS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND
SURVEYING ACCORDING TO AN ACTUAL SURVEY MADE ON THE
GROUND U DER MY SUP VISION.
XAVIER NDOVAL d DA
REGISTE D PROFESSIONAL LAND SURVEYOR
N0. 58 6 ,
GS
PARCEL N0.2
PROJECT #6464 YORKTOW N BLVD -STAPLES TO CIMMARON
OWNER: CHARLES B. BENYS
SURVEY MAP TO ACCOMPANY
METES AND BOUNDS DESCRIPION.
1. BEARINGS BASIS IS THE TEXAS COORDINATE SYSTEM,
SOUTH ZONE, NAD 83, BEARINGS ARE GRID,
DISTANCES AND AREA SHOWN HEREON ARE SURFACE.
OF T~ 2. AREA PARCEL = 9,180 SQUARE FEET. 0.211 ACRES
~
~Q~ G~STERFOy~
~ 3. O =SET 5/B" IRON ROD WITH YELLOW PLASTIC
~~ Q
~
~~•• CAP STAMPED "CAPNOR USA".
••~"
A~
O
;
•••VIER SAND
• • • •
• • , 4. M.&,P.R.N.C.,TX. =MAP AND PLAT RECORDS NUECES
... •
•
5886 P~; ~ COUNTY, TEXAS.
ll --•, g~0~;• O
~W~ .'_• • . S • - ,G~ 5. O.R.N.C.,TX. =OFFICIAL RECORDS NUECES COUNTY,
TEXAS
~~ 6. D.R.N.C.,TX. =DEED RECORDS NUECES COUNTY,
TEXAS
c a p n o r Corpus Christi, TX 78405 uite t 14A
• Tel: (361 j 452-3009
LASE~~~NI IG AND Fax: (361) 4519~~~ ®~ ~'~