HomeMy WebLinkAboutC2012-058 - 2/20/2012 - NADEPARTMENT OF ENGINEERING SERVICES
Property and Land Acquisition Division
S. Staples Street, Phase 2 #6495, Parcel 8
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS
This Real Estate Sales Contract ( "Contract") is entered into by and between Sharon Massad of P.O.
Box 88, Argyle, Denton County, Texas 76226 -0088, hereinafter 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, hereinafter 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, being a tract of land further
described by metes and bounds on Exhibit "A" and shown on Exhibit "B ", together
with all rights, privileges and appurtenances pertaining to the property situated in
Nueces County, Texas ( "Property").
2. Purchase Price. Buyer agrees to pay $ 2,969.00 cash to Seller.
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 udder 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
thirty (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 CIosing 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 to Seller. Buyer will pay all closing costs except costs to cure title, which
must be paid by Seller.
Property Taxes. Seller must pay all property taxes incurred on the Property up to and
including 2011. All property taxes for the year 2012, if any are due and payable or incurred
for the year, will be prorated between the Buyer and the Seller from January 1, 2012 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.
2012 -058
02/20/12
Sharon Massad INDEXED
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 local zoning regulatory ordinances,
if any.
8. Time for Performance. This transaction will be closed through the Title Company on or
before ninety (90) days from the effective date of this Contract. Seller shall give Buyer
possession of the Property by executing a 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 Corpus Christi
City Council and executed by the City Manager, or designee, on behalf of the Buyer.
Buyer must execute this Contract within thirty (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 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 the
following: utility relocation, 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.
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 Superf ind 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.
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 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.
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 ofthe effective date of
this Agreement 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 any Environmental
Law (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 any 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. Contractor's Permission to Proceed. The Contractor is permitted to proceed with
construction on subject Premises upon execution of this Contract by all parties.
17. 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:
Sharon Massad
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on VI, 2012
by Sharon Massad.
T�A7�11UY B�ANCHFLOWE�i
N�tnty Public
* i ns TEXAS
2014 Notary Public ' and f WKe State of Texas
[Seal]
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
Daniel Biles, P.E., Interim. Director
Department of Engineering Services
THE STATE OF TEXAS
COUNTY OF NUECES §
This instrument was acknowledged before me on Fe Y ` , 2012
by Daniel Biles, P.E., as Interim Director of Engineering Services of the ity of Corpus Christi, a
Texas municipal corporation, on behalf of said corporation.
4�w& ts
Notary Public in and for the State 0 f Texas U
[Seal]
'z MARTHA SILVIA WIRQZ
; b MY COMMISSION EXpjREs
AugWt 4,201E
APPROVED AS TO LEGAL FORM, THIS DAY OF 2012.
FOR THE CITY ATTORNEY
By: / O
Veronica Ocanas, Assistant City Attorney
CITY LEGAL DEPARTMENT
J:\ ROBERTSAIGEN 1Contracts16495.Massad.doc
PARCEL NO. S
STATE OF TEXAS
COUNTY OF NUECES
Field Note Description for 0.002 acre tract of land
Field note description of a 0.002 acre (104 square feet) tract of land being out of Lot 22, Block 11,
Gardendale Unit 3 Subdivision, as recorded in Volume 21, rage 69 of the Map and Plat Records of
Nueces County, Texas; said 0.002 acre tract of land being more particularly described as follows:
Commencing at a 518" iron rod found in the northwest Right-of-Way ( R.O.W.) line of South
Staples Street ( R.O.W. Varies), same point being the northeast corner of said Lot 22, Block 11,
Gardendale Unit 3 Subdivision,
Thence S 28° 41' 55" W along and with the northwest R.O.W. line of South Staples Street ( R.O.W.
Varies), same being the southeast line of said Lot 22, Block 11, GardendaIe Unit 3 Subdivision, a
distance of 162.54 feet to a 5/8" iron rod with a yellow cap stamped "CAPNOR USA" set for a
corner of the herein described tract, same being the POINT OF BEGINNING;
Thence S 28° 41' 55" W along and with the northwest R.O.W. line of said South Staples Street
( R.O.W. Varies), same being the east line of said Lot 22, Block 11, Gardendale Unit 3 Subdivision,
a distance of 2.46 feet to a point, at the beginning of a curve to the right, for a corner of the herein
described tract;
Thence continuing along and with the current northwest R.O.W. line of said South Staples Street
( R.O.W. varies), southeast boundary line of said Lot 22, Block 11, GardendaIe Unit 3 Subdivision,
same being the northeast R.O.W. line of Williams Drive (60' R.O.W.), curve, with an are length of
23.56 feet, radius of 15.00 feet, a delta angle of 89° 59' 33 ", a chord bearing and distance of S 73°
40' 35" W, 21.21 feet to a point, for a corner of the herein described tract;
Thence N 61° 19' 31" W along and with the northeast R.O.W_ line of said Williams Drive (60'
R.O.W.), and the southwest boundary line of said Lot 22, Block 11, Gardendale Unit 3 Subdivision,
a distance of 2.42 feet to a 5/8" iron rod with a yellow cap stamped "CAPNOR USA" set for a
corner of the herein described tract;
Thence N 73° 36' 19" E across said Lot 22, Block 11, Gardendale Unit 3 Subdivision, a distance of
24.67 feet to the POINT OF BEGINNING and containing 0.002 acres (104 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 neap prepared by Capnor USA, Inc.
Bearing basis is the Texas Coordinate System, South Zone 4205, NAD83. Bearings are Grid;
Distances and Area are Surface.
-`--\
I
Xavier San8oyv l
Registered Professional Land Surveyor
N6. 5886
GARDENDALE UNIT 3
LOT 22, BLOCK 11
VOLUME 21, RAGE 69
M. &P.R.N.C., TX.
c r SHARON S. MASSAD
` DOG." 2008049595 i
z
PARCEL S
104 SQ. Fr.
q 0.002 ACRES
o N 61 "19'31" W N 73'36't9 E
2.42'
y .I 24.67
y N =W R.O.W. POINT OF I
L= 23.56' / COMMENCEMENT
R= 15.00' PINT OF FND 5/3
j LEN= IRON ROD
1.21 /BEGINNING
G LEN= 21.21'
jBRG =S 7340'35" W S 28' ;5�'•';� 1 62.54'
CURRENT R.O.W. IS 28'41'55' W
2.46'
48.26 SO. FT
VOL. 1490, PG. 285
D.R.N.C_TX.
I
f S S'TAL'LS S`T. (R.0 W. VA R, rES)
20 LC.. SURVEY MAP TO ACCOMPANY
METES AND BOUNDS DESCRIPTION.
SCALE: 1" = 20'
I HEREBY' CERTW f THAT THIS SURVEY CONFORMS TO THE MINIMUM
STANDARDS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND � %: ?,•�;_�:��
SURVEYIN ACCORDING TO A ACTUAL SURVEY MADE ON THE
GROUND UNDER MY S€3PRVIS[ N.J
l I 1. BEARINGS BASIS IS THE TEXAS C00P.DI\iATE SYSTEM,
SOUTH ZONE 4205. HAD 83. BEARINGS ARE GRID.
MlANCES AND AREA SHOWN HEREON ARE SURFACE.
i
XAVIER SANDOVAL °' DAT r` - = 4'` � f 2. AREA PARCEL = 104 SDUARE FEET, 0.002 ACRES
REGISTEFt!) PROFESSIONAL LAND SURVEYOR
:J : •, r lyl
ND. 5885 „ : - % r ` v. 3. O = SET 5/8" IRON ROD 'eYITH YELLOW PLASTIC
CAP STAMPED "CAPNOR USA"
4. lvl,&P.R.N.C.,TX. = MAP AND PLAT RECORDS -LIEGES
COUNTY, TEXAS.
u. O.P.R.N.C.,TX. = O- FICIAL PUBLIC RECORDS NUECES
ODUNTY. TEXAS
DATE REVISIONS DESCRIPTION qgg���
c p i 7 � 276 Ell }EFpFISE PaFk��LY}i $UfSB 114
PARCEL NO. 8 ��. / Corpus Chrl_ =Ii, IX. 78405
PROJECT r6 2 95 S. STAPL -S ST — HDLLY ROAD TJ WILDAMS DP,. � U SA, {361) 452 -3009
OWNER: SHARON S. P.JASSAD USA, Inc. Fax: (888) 996 -7686
LASER SCANNING AND
SURVEYING SERVICES