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
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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
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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)),
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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
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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
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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