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HomeMy WebLinkAboutC2011-117 - 4/12/2011 - ApprovedDEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division County Road 52 / US 77 to CR 69 46163, Parcel 1 I REAL ESTATE SALES CONTRACT THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS This Contract is entered into by the following owner(s), collectively, herein called "Seiler ", THE ESTATE OF ALBERT F. STUCHLY consisting of Michael A. Stuchly, Individually and as Executor of the Estate of Albert F. Stuchly, Deceased; James J. Stuchly; Richard A. Stuchly; Frances A. Freeman; Stephen G. Stuchly and Mary M. Gonzalez, of 5081 Cedar Creek Dr., Houston, Harris County, Texas 77056 and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nucces 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 as Exhibit "A" and further shown on the attached map incorporated as Exhibit "B ". (Premises) 2. Purchase Price. $ 89,900.00 cash at closing. 3. Title Insurance. The Seller must provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. A reliable title insurance company or title guaranty company ( "Title Company ") must issue the title insurance policy. The title commitment for title insurance must be delivered to Buyer within 30 days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after Closing. 4. Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller must execute a General Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment. Buyer will pay all Closing Costs except costs to cure title, which must be paid by Seller. 2011-117 M2011 -088 04/12/11 Estate of Albert F. Stuchly INDEXED Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2010. All property taxes for the year 2011, if any due and payable or incurred for the year, will be prorated between the Buyer and the Seller from January 1, 2011 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 will deposit One Thousand Dollars and no cents ($1,000.00) as Earnest Money at the time the contract is escrowed at the Title Company. This earnest money 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, use restrictions 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 2 3 � � 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: 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 Superfinld 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 3 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 H, 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, if any, incurred in connection with the sale of this property. 12. Possession. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. 13. Representations and Warranties. B . Ste 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)), 4 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. Irrigation Rights. Seller reserves unto itself all of its right, title and interest that it may have in and to the irrigation rights in, on or under the Property, under Certificated Filing No. 70 and Water Appropriation Permit No. 529, in the files of the Texas Commission on Environmental Quality, and as amended by the Agreement and Quitclaim of Water Rights, as recorded in the Nueces County Clerk's office, Vol. 998, Pg. 321 - 324, Nueces County, Texas. The parties acknowledge that an irrigation canal is currently located within the County Road 52 dedicated public street right -of -way. The County Road 52 Street Improvement Project, a joint City of Corpus Christi and Nueces County Project ( "Project "), includes plans to widen the paved area, which will cover the irrigation canal. Therefore, as part of the Project, the City of Corpus Christi, working in conjunction with the Nueces County, will construct an underground or above ground water distribution facility, to be located within the existing public street right -of -way, as a reasonable replacement for the existing irrigation canal. The City of Corpus Christi reserves its right to make any changes to the design and construction plans to excavate or place a distribution system, pipe or ditch, that meets the requirements, specifications, and instructions of the Nueces County Water Control Improvement District #3 ( "District ") and the District's Nueces County Water Control and Improvement District #3 Water Distribution Standards and Development Guidelines. 16, Essential. Time is of the essence in closing this transaction. 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: 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 5 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 ofthis 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 The Estate of Albert F. Stuchly Michael A. Stuchly Individually and as Executor *-114 ��d' THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on (�-i' �(J 2011 by Michael A. Stuchly. otary Pu 'n and fox tate of Texas ��vaue� KRISTIAN LAUREN HARRIS ** NOTARY PUBLIC STATE OF TEXAS gip �i�� MY comm. EXP 12103/14 .9 SELLER James J. Stuchly THE STATE OF TEXAS § COUNTY OF HARRIS This instrument was acknowledged before me a , 2411 by James J. Stuchly. C� EN C. WINTER Notary Public, State of Texas My Commission Expires ro— iiMflrOh 14, 2015 av,v e, Notary Public in and for the State of Texas SELLER Richard A. Stuchly THE STATE OF & § COUNTY OF f7f� f § This instrument was acknowledged before me on , 2011 by Richard A. Stuchly. C NgR1 EEN v , WINTER Notary Public. State of Texas My Commission Expires Morch 14, 2015 [Seal] 6"A� otary Public in and for the State of Y442z- 7 SELLER Frances A. Freeman THE STATE OF § COUNTY OF § This instrument was acknowledged before me on 2011 by Frances A. Freeman. Notary Public in and for the State WENDYM. WEpyEM$ A79 AT LAROIE G gal j My c0A9M ES Ad,Y 14, MH4 : � y , f T ,• . >e - °' SELLER Stephen G. Stuchly THE STATE OF § COUNTY OF § This instrument was acknowledged fare me on , 2011 by Stephen G. Stuchly. Notary Public in and for the State of $ s 8 THE STATE OF COUNTY OF This instrument c by Frances A. Frc [Seal] SELLER Stephen G. Stuchly THE STATE OF1 § COUNTY OF § 2011 This instrument was acknowledged before me on , 2011 by Stephen G. Stuchly. CHARLEEN C. WINTER Notary Public. State of Texas My Commission Expires March 14, 261 [Seal] Public in and for the State of 8 SELLER Mary M. Gonzalez 1'Y1 a,,A ✓h. 6k: ,cam THE STATE OF § COUNTY OF § This instrument was acknowledged before me on 2011 by Mary M. Gonzalez. CHARLEEN C. WINTER .Notary Public, State of Texas My Commission Expires March 14, 2 Notary Public in and for the State of [Seal] 9 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 Margie C. Rose, Interim City Manager THE STATE OF TEXAS § COUNTY OF NUECES § C This instrument was acknowledged before me on /`� 2011 by Margie C. Rose, as Interim City Manager of the City & Corpus Christi, a Texas municipal corporation, on behalf of said corporation. m SZ 12 otary Public in and for the Stat of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS Z 3 DAY OF 1444 -c.14 , 2011. FOR THE CITY ATTORNEY By: L. rian Nar aez, Assistant City Attorney CITY LEGAL DEPARTMENT H :IHOMEIEUSEBIOGIGENIACQUISITION PROJECT FOLDERSICR521Parcel 11. Stuchly\Stuchly_RESC revised 02.25.201 Ldoc 10 4 • County Road 52 - U.S. 77 to County Road 69 - #6163 Parcel 11 STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 0.812 Acres (35,369.8 Sq. Ft.) of land out of Lot 9, Block 1 of the Nueces River Irrigation Park as shown on plat thereof recorded in Volume A, Page 54 of the Map records of Nueces County, Texas. This 0.812 Acre Tract being more particularly described by metes and bounds as follows: COMMENCING at a Found 1" Iron Pipe at the northeast corner of Lot 10, Block 1, Nueces River Irrigation Park as recorded in Volume A, Page 54 of the Map Records of Nueces County, Texas, said Point being in the centerline of County Road 52 (30' right -of -way); THENCE S09 0 12'30 "W along the easterly boundary of said Lot 10, a distance of 15.04' to a Point on the south right -of -way line of said County Road 52, being the Point of Beginning of this tract; THENCE S85 1'25"E along the south right -of -way line of County Road 52, a distance of 1.11' to an angle Point therein; THENCE S84 0 52'54 "E continuing along the south right -of -way line of County Road 52, a distance of 975.23' to a Point on the west right -of -way line of U. S. Highway 77, being the northeast comer of this tract; THENCE S09 0 14'55 "W along the west right -of -way line of said U. S. Highway 77 a distance of 93.10' to a set 518" Iron Rod with plastic cap stamped "City of Corpus Christi, TX ", being the southeast comer of this tract; THENCE N35 6 45'05 "W through said Lot 9, a distance of 70.71' to a set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, TX ", being an angle point of this tract; THENCE N80 0 45'05 "W continuing through said Lot 9, a distance of 60.92' to a set 518" Iron Rod with plastic cap stamped "City of Corpus Christi, TX ", being an angle point of this tract; THENCE N84 "W continuing through said Lot 9, a distance of 865.02' to a set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, TX" on the easterly boundary line said Lot 10, being the southwest corner of this tract; THENCE N09 0 12'30 "E along said easterly boundary line of Lot 10, a distance of 33.94' to the POINT AND PLACE OF BEGINNING and containing 0.812 Acres (35,369.8 Sq. Ft.) of land. Bearings are with reference to Survey of Right -of -way - County Road 52 - Co. Rd. 69 to U. S. Hwy.. 77 by Bass & Welsh Engineering dated June 26, 2001. State of Texas County of Nueces 1, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under myAjk This the 25 day of January, 2002. Gz A z- off. Russell D. Ochs State of Texas License No. 5,241 � Cj RUSSELL D. OCHS E�A90 5241 EXHIBIT A i • I a LOT 7 LINE BEARINGS DIST. L1 N09'12'30 E 33.94' LZ S60'1433 0 W 93.10' L3 N0 OS'W 70.71' L4 Nd0'45'05 f0Me LS SIS'11'157 1.11' ER B NINAE."' SHAM 10672 EMMORO LOOP COP- CHRISTI. TQCAS 76410 VOL, 78Z Po. s16 D.RN.C.T, POINT OF CO FOLD 1 MENT An e9 POINT Op SET 5/8 .RUSSELL D, %0CHS. ° q 5241 - q� °FFSSi °..� S 61 , 4 NOTE: SET 5/8' I.F. DENOTES 5/8' IRON ROD WITH PLASTIC CAP STAMPED 'CITY OF CORPUS CHRIST 1, TX' FOUND 5/8' I.R. ��°14'55'E 15.04' PROPOSED R.O.W. LOT g — DER'CX .1 NEWC� ET ux VOL. 1 426. P(; es1 OAALC.T. S84052'54'E 975,23' N oe� STEVEN R. HOOK �rSTIN(3 x3720 Hzu.woOD OPUS "ZSTI. �s 78410 "OL 2117. Po, 23 P 1 ARcEL DA -KC.T. 0.812 AC• SET 5/8' I 35 368.6 SQ Fr y LOT- 9 LOT _10 ALBERT F STLX>Ly SBOS LAKESIDE FOREST DRIyE Ha�TpI,R TESCAS 77088 783, P� 338 .can I/ 4 f� 1� .' �t,,,,i w Y. Russell D. Ochs, Registered Professional Lend , °';,. � > u N . Surveyor, hereby certify that the foregoing map was prepared from a survey made on the ground under my direction. This the Z5 TH clay of JAa1 uAK_Y 2002. erwaw0 we WITH Asa TO aLOWW OF M =art -v-+ur CQLMY FCM 9*42NAM PEM 40 To w. MOMMY Tr w Russell D. Ochs State of Texas Lic. 5.241 COUNTY ROAD 52 R.O. W. ACQUISITION PARCEL 11 Oww- Akwt F Stay Beiry 8 tract of I&V odwtsinlny 08 Aays (35IMS S1¢ Ft.) out of �o port An of Lot S4 Block 1. lLows River Irrigation A" Stbtltvtsion es a-nrrr on aelo thereof reowded in VakAe A. Paw 54 of the Aw Recwds of rbom qty. Texas a M C M "M ■ CITY of CORPUS CHRISTI, TEXAS DaWtwnt of Ew1werliv &w - Woes uhrvey Division Date : Ql / 25 / .RM &wM7 ey : 'Ara a racked By : R= projecL 8103 - C0lJVTY ROAD = PAMEL U EXHIBIT B