HomeMy WebLinkAboutC2011-174 - 5/23/2011 - NADEPARTMENT OF ENGINEERING SERVICES
Property and Land Acquisition Division
Proi. No.E10205.La Voila Creek, Parcel I
Real Estate Sales Contract
THE STATE OF TEXAS
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS
This Contract is entered into by Ronald A. Voss of 6838 Greenwood Drive, Corpus Christi, Nueces
County, Texas (herein called "Seller ") 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 ").
Property. Seller for the consideration and under the terms set out herein, agrees to convey to
Buyer the surface estate only of the properties described below together with all rights,
privileges and appurtenances pertaining to the properties situated in Nueces County, Texas:
A. A tract of land containing 2.64 acres out of Lot 2, Section 6, Bohemian
Colony Lands as described by metes and bounds on the attached and
incorporated "Exhibit A" and as shown on the attached map incorporated as
"Exhibit B ".
B. A tract of land containing 1.717 acres out of Lot 2, Section 6, Bohemian
Colony Lands as described by metes and bounds on the attached incorporated
"Exhibit C" and as shown on the attached map and incorporated as "Exhibit
D ".
2. ' Purchase Price. $ 44,000.00 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
3 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 -174
05/23/11
Voss, Ronald A. l INDEXED
5. 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 deposits Five Hundred Dollars and no cents $500.00 with San
Jacinto Title Services 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 San Jacinto Title Services 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, and/or 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.
S. Time for Performance. This transaction will be closed through San Jacinto Title Services
on or before 10 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 properly 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 ofthe 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. 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.
11. 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.
Pa
12. 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
the 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.
13. 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.
14. Drainage Easements. Seller reserves unto itself two Drainage Easements that cross the
subj ect properties as shown on "Exhibit B" and "Exhibit D ", each as a twenty foot (20') wide
Drainage Easement and a ten foot (10') wide working easement on each side as needed for
construction purposes.
15. Essential. Time is of the essence in closing this transaction.
16. Effective Date. The effective date of this Contract is the date in which the Contract is
signed by the Buyer.
Executed in triplicate, any of which constitutes an original.
Seller
Ronald A. Voss
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ci�r �� , 2011
by Ronal d A. Voss.
Notar Pub i and for the S e of Texas
N Iq„ F i
y
PMERT SAEN .
-
(Seal] = = MY COMMISSION EXPIRES
Jury 14, 2013
Buyer
CITY OF CORPUS CHRISTI, TEXAS
Pete Anaya, P.E.
Director of Engineering Services
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on /"1 Q 4 4- , 2011
by for the City of Corpus Christi, a Texas municipal corporation,
on behalf of said corporation �� Pete Anaya, P.E. D of Engineering
—r q Services
No Publ' and for theXtate of Texas
[Seal] .44M 1MRrsA
z . MY COMMISSION EXPIRES
July 14,03
4
APPROVED AS TO LEGAL FORM THIS l DAY OF rte„_ , 2011.
FOR THE CITY ATTORNEY
L. Brian Narvae , Assistant City Attorney
City Legal Department
HAHOME\GinaMGENIContract\La VoIIa.Voss.doc
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LA VOLLA CREEK IMPROVEMENTS - 90015
STATE OF TEXAS
COUNTY OF NUECES
BEING a tract of land containing 2.64 Acres (115,052 SQ.FT.) of land out of
Lot 2, Section 6, Bohemian Colony Lands, as recorded in Volume A, Page 48
of the Map Records of Nueces County, Texas. This 2.64 Acre tract being
more particularly described by metes and bounds as follows:
COMMENCING at a Found 518" Iron Rod with Red Plastic Cap stamped "Urban Eng C.C.
TX" at the southeasterly corner of a 22.551 Acre tract of land as described in Document
#2009037308 of the Official Public Records of Nueces County, Texas, same being on the
northwesterly right -of -way line of Greenwood Drive;
THENCE N60 0 40'00 "W along the southwesterly boundary line of said 22.551 Acre tract, a
distance of 965.33' to a Found 518" Iran Rod, being the southeasterly comer and Point of
Beginning of this tract;
THENCE N60 0 40'00 "W continuing along the southwest boundary line of said 22.551 Acre
tract, a distance of 150.04' to a Found 518" Iron Rod with Plastic Cap Stamped "Urban Eng
C.C. TX ", being the southwesterly corner of this tract;
THENCE N28 0 00'00 "E along the northwesterly boundary line of land of said 22.551 Acre
tract, a distance of 504.16 to a Set 518" Iron Rod with Plastic Cap stamped "City of Corpus
Christi, TX ", being the northwesterly corner of this tract;
THENCE S60 ° 40'00 "E along a northeasterly boundary line of said 22.551 Acre tract, a
distance of 304.10' to a Found 518" Iron Rod with Plastic Cap Stamped "Urban Eng C.C.
TX ", being the northeasterly corner of this tract;
THENCE S34 °05'56 "W through said 22.551 Acre tract, a distance of 12.07 to a Found 518"
Iron Rod with Plastic Cap Stamped "Urban Eng C.C. TX ", being an angle point of this tract;
THENCE S45 0 21'36 "W continuing through said 22.551 Acre tract, a distance of 511.90' to
the POINT AND PLACE OF BEGINNING and containing 2.64 Acres of land.
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Bearings are with reference to the southwest boundary line of a 22.551 Acre tract of land as
described in Document #2009037308 of the Official Public Records of Nueces County,
Texas.
State of Texas
County of Nueces
I, Russell Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, Texas,
hereby certify that the foregoing field notes were prepared by me from a land survey made on the
ground under my direction.
This the 19 day of November, 2010.
Russell D. Ochs
State of Texas License No. 5,241
�E OF T
R SELL 1), 00HS
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CITY OF CORPUS CHRISTI
DOC. #2004022232
SET 5/$" IRON ROD,---,, O. P. R. N. C. T.
CITY OF CORPUS CHRISTI
DOC. #1999054888
O. P. R. N. C. T,
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115,052 SO. FT.
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PROPOSED 20'
DRAINAGE
EASEMENT
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7s 0 00.. POINT OF
BEGINNING
200 0 200 400
Scale In Feet
SEE
DETAIL
S34'05'56 'W
12.07'
RONALD A. VOSS
Doc. #2009037308
O.P.R.N.C.T.
Ns° 4
ly 96 S �° W
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.R�cOT3, 4��N
(FUTURE EVER GREEN ESTATES) N
BEARINGS ARE WITH REFERENCE TO THE W L''
SOUTHWEST BOUNDARY LINE OF A 22.551 AC.
TRACT AS RECORDED IN DOC. 020D9037308 S 0
O.P.R.N.C.T. (N 60'40'00'W 1,115,37')
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1 S-34-05'56"W/ 12.07'
DETAIL
POINT OF
COMMENCEMENT
MAP TO ACCOMPANY FIELD NOTES
LA voLLA CRE'E'K IMPRO VEMENTS
OWNER: RONALD A. VOSS - DOC. #2009037308 O.P.R_N.C.T
BEING A TRACT OF LAND CONTAINING 2.64 ACRES (115,052
SQ. FT.) OUT OF LOT 2, SECTION 6, BOHEMIAN COLONY LANDS
AS RECORDED IN VOLUME A, PAGE 48 OF THE MAP RECORDS
OF NUECES COUNTY, TEXAS.
Q � ABBREVIATIONS
SO. FT.= SOWS FELT
O AC. = ACRE
O.P.R.N.C.T. = OFPCIAL PUBLIC
O RECORDS OF NUECES COUNTY; TX
�Q D.E. DRAIN4GE FAS£M£NT
NOTE: FOUND 5/8" IRON RODS
WITH RFD PLASTIC CAPS STAMPED
"URBAN ENGR C.G. TX" AT ALL
ROEVI5EDS05 %091N�OE5DHOW OTHERWISE
CITY of CORPUS CHRISTI, TEXAS E> 9
A De crtment of ineerin Services
P 9
,Survey DI v151 D!1
Dote: 11 -17 -2010
Drown By R. OCHS File: `LAND PROJECTS J\ 90015 \ DWG \ PARCEL 1. dwg
Checked By 0, NESMITH
Project: 90015 - PROPERTY MANAGEMENT
(L4 VOLL4 CREEK DRAINAGE IMPROVEMENTS) SHEET 1 OF 1
LA VOLLA CREEK IMPROVEMENTS — E10205
STATE OF TEXAS
COUNTY OF NUECES
BEING a tract of land containing 1.72 Acres (74,796 SQ. FT.) of land out of
Lots 2, Section 6, Bohemian Colony Lands, as recorded in Volume A, Page 48
of the Map Records of Nueces County, Texas. This 1.72 Acre tract being
more particularly described by metes and bounds as follows:
BEGINNING at a Found 518" Iron Rod at the southeasterly corner of a tract of land as
described in Volume 1793, Page 600 of the Deed Records of Nueces County, Texas, sarue
being on the northwesterly right-of-way line of Greenwood Drive;
THENCE S29 ° 20'00 "W along the northwest right- of-way line of said Greenwood Drive, a
distance of 26.50' to a Found 518" Iron Rod, being the southeasterly corner of this tract;
THENCE N60 0 40'00 "W through a 22.551 Acre tract as described in Document
#2009037308 of the Official Public Records of Nueces County, Texas, a distance of 450.06'
to a Found 518" Iron Rod at the beginning of a curve to the left having a radius of 143.18
,
being an angle point of this tract;
THENCE along said curve having a radius of 143.18', a length of 124.95', and a central
angle of 50 ° 00 1 00" to a Found 518" Iron Rod, Being an angle point of this tract;
THENCE S69 0 20'00 "W continuing through said 22.551 Acre tract, a distance of 400.92' to a
Found 518" Iron Rod on the easterly boundary line of a 4.84 Acre tract as described in
Document 42004022232 of the Official Public Records of Nueces County, Texas, being the
westerly corner of this tract;
THENCE N29 ° 20'00 "E along the southeasterly boundary line of said 4.84 Acre tract, a
distance of 31.06' to a Point, being an angle point of this tract;
THENCE N69 ° 20'00 "E continuing along the southeasterly boundary line of said 4.84 Acre
tract, a distance of 43.26' to a Found 518" Iron Rod, being an angle point of this tract;
THENCE N29 ° 20'00 "E continuing along the southeasterly boundary line of said 4.84 Acre
tract, a distance of 343.57 to a Found 518" Iron Rod at the southwest corner of a tract of land
described in Volume 1787, Page 57of the Deed Records of Nueces County, Texas, being the
northerly corner of this tract;
THENCE S60 ° 40'00 "E along the southwesterly boundary line of said tract, a distance of
349.64' to a Found 518" Iron Rod at the northwesterly corner of a tract of land described in
Volurne 1793, Page 600 of the Deed Records of Nueces County, Texas, being an angle point
of this tract;
EXHIBIT C
THENCE S29 ° 20'00 "W along the westerly boundary line of said tract, a distance of 23 - 00' to
a Found 5/8" Iron Rod at the southwesterly corner of said tract of land, being an angle po irit
of this tract
THENCE S60 ° 40'00 "E along the southwesterly boundary line of said tract, a distance of
440.00' to the POINT AND PLACE OF BEGINNING and containing 1.72 Acres of iarld.
Bearings are with reference to the southwest boundary line of a 22.551 Acre tract of land as
described in Document #2009037308 of the Official Public Records of Nueces County,
Texas.
State of Texas
County of Nueces
1 Russell Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, Texas,
hereby certify that the foregoing field notes were prepared by me from a land survey made on the
ground under my direction.
Thi the 2 day of May, 2011.
Russell D. Ochs
State of Texas License No. 5,241 RUSSELL 7"
' a 524
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LINE TABLE
LINE
BEARING
I
1
S 29 '00" W
26.50
li
5/6' I.R. FNO if
N 2q'20 00
31.06
SAMUEL W DUNNAM 3R IND E %E
N 69'20 00 E
43.26
516" I.R. FNp.
S 29'20'00" W
VOL. 1787, PG. 57
D.R.N.C.T.
0
n,
s Z
PL
S 60'40'00 E - 349.64
PL
CABANISS ACRES AREA DRAINAGE OMPROVEMENTS PARCEL 2
VOL, 1793, PG. 800, D.R.N.C.T.
(- r P•O.B.
li/ 5 /8' I.
FND.
VIL
S 60'40 00 E - 440.00 PL
_
1 ,72 ACRES
Fl "S '11
`i.00p
N 60'40'00 W - 450.06
R K
J
(74,796 SQ. FT.)
v'
RONALD A, VOSS
DOG: NO. 2009037308
-
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-
---54'
O.P.R.N.C.T-
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LINE TABLE
LINE
BEARING
DISTANCE
1
S 29 '00" W
26.50
L2
N 2q'20 00
31.06
L3
N 69'20 00 E
43.26
L4
S 29'20'00" W
23.00
_IM
OWNER: RONALD A. VOSS - DOC. NO, 2009037308, O.P.R.N.C.T.
BEING A TRACT OF LAND CONTAINING 1.72 AC, {74,796 50. FT.), OUT OF A PORTION OF
LOT 2, SECTION 6, 9ONEUMN COLONY LANDS, (VOLUME A, PAGE 48, MAP RECORDS OF
NUECES COUNTY, TEXAS.
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. G9
NOTES:
-MAP TO ACCOMPANY FIELD NOTES
- BEARINGS ARE WIT)4 REFERENCE
TO THE SOUTHWEST BOUNDARY
LINE OF A 22.551 ACRE TRACT
AS IN
2009037JOB, OF77C DOC
PUBLIC 0
RECORDS OF NUECES COUNTY,
TEXAS. (N60'40'0O"W - t, 1 15,37)
-0 DENOTES IRON ROD FOUND
—QQ DENOTES IRON PIPE FOUND
CITY of CORPUS CHMSTI, TEXAS
Department of Engineering Services
Survey Division J61-- 826 -3551
Drawn By: A. JIMENEZ Dote Drawn: 411712011
Checked By: 0. NESMI7H Project; E10205 SHEET 1 OF I
File: C.' \ PROJECTS( EVERGREEN EST\DWG\ TOPO. DWG