HomeMy WebLinkAboutC2018-662 - 10/16/2018 - Approved DEPARTMENT OF ENGINEERING SERVICES
CCIA 2018 Land Acquisition Project,#100030
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS
COUNTY OF NUECES §
This Real Estate Sales Contract("Contract")is entered into by and between PATRICK WILLIAM
KELLY,III,(25%undivided interest)of 304 W.Bell Street,Houston,Texas 77019 and CAROL
LYNN GILLINGHAM,(75%undivided interest)of 24814 Caliza Terrace,Boerne,Texas 78006,
collectively 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 together with the mineral estate of the property
described below together with together with all rights,privileges and appurtenances
pertaining to the property situated in Nueces County, Texas:
A tract of land containing 50.535-acres,more or less,out of the Enriquez
Villarreal Grant A-1,Nueces County,Texas,being the North half of the
West 202.14 acres of Tract#5 of the Subdivision recorded in Volume 8,
Page 40,of the Plat Records of Nueces County,Texas,and as described
on the attached Exhibit A.
2. Purchase Price. Buyer agrees to pay$235,200 cash to Seller 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
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 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 to Seller. Buyer will pay all closing costs except costs to cure title,which
must be paid by Seller.
5 Prnnerty TaYec_ Seller must pay all property taxes incurred on the Property up to and
C2018-662 )erty taxes for the year 2018,if any are due and payable or incurred
10/16/18 ated between the Buyer and the Seller from January 1, 2018 to the
M2018-198
Patrick William Kelly III 1
SCANNED
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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 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 sixty(60)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. Buyer's Due Dilligence. At Buyer's cost, Buyer has performed their due diligence in
obtaining a land survey, environmental site analysis, title policy commitment and mineral
title report. No additional time is requested by Buyer for performance of its inspections or
due diligence.
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
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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 of the 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 Conveyance. The sale of the Property is with minerals. Seller conveys unto
Buyer all of its right, title and interest in and to the oil, gas and other minerals in, on, or
under the Property.
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.
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Executed in triplicate,any of which constitutes an original.
SELLER
Patrick William Kelly III
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on ,2018
by Patrick William Kelly, III.
Notary Public in and for the State of Texas
[Seal]
Carol Lynn Gillingham
061 )-e A , ' /
THE STATE OF TEXAS §
COUNTY OF ,C1eilG ar §
This instrument was acknowledged before me on �e10 'y"-Gc° '' ,2018
by Carol Lynn Gillingham.
..r..�.,�.�
fir'"Y � KATHERINE IDAR Notary Public in and for the State of Texas
My Notary ID#124015546
~''s,a;,�*'� rOctober 18,2021
Executed in triplicate, any of which constitutes an original.
SELLER
Patrick William Kelly III
i‘lectiL4 Wil,441;t it/s,
THE STATE OF TEXAS §
COUNTY OF /bay IS §
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This instrument was acknowledged before me on 17/-r 44- I .2018
by Patrick William Kelly, III.
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Not ub c in and for the State of Texas _ ZN
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Carol Lynn Gillingham
THE STATE OF TEXAS §
COUNTY OF �§
This instrument was acknowledged before me on 2018
by Carol Lynn Gillingham.
Notary Public in and for the State of Texas
[Seal]
4
BUYER
CITY OF CORPUS CHRISTI, TEXAS
Department of Engineering Services
P.O. Box 9277
1201 Leopard Street, City Hall
Corpus Christi, Texas 78469-9277
, a A
Val i H. Gray, P.E.,
1(1i4r--
xecutive Director of Public Works
,
Al TE6r: ri 42_ ..__. , _evi-e-
REB CCA HUERTA _ `..
THE STATE OF TEXAS § CITY SECRETARY
COUNTY OF NUECES § ��--77
This instrument was acknowledged before me on 4CGo,B�/L /9 ,2018
by Valerie H. Gray, P.E., as Executive Director of Public Works of the City of Corpus Christi, a
Texas municipal corporation, on behalf of said corporation.
o,j# EUSEBIO`gmeolh• 11 in and forth to of Texas
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[Seal] ::°�'e;`�:Notary Public, State of Texas
Comm. Expires 02-14-2021
..r°;,. Notary ID 3105972
APPROVED AS TO LEGAL FORM, THIS k 1 DAY OF ceeteli41.be' ,2018.
FOR THE CITY ATTORNEY
By: 4101111,
. , -t Kellogg, Assistant City Attorney
CITY LEGAL DEPARTMENT
- 2c 8 -- lci MSK, 6.
n COUNCIL....
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5
EXHIBIT A
50.535 acres of land, more or less, out of the Enriquez Villareal Grant A-1, Nueces
County, Texas, being the North half of the West 202.14 acres of Tract#5 of the
Subdivision of the Margaret Kelly Lands (the "Subdivision") as shown on the Map of the
Subdivision recorded in Volume 8, Page 40, of the Plat Records of Nueces County,
described as follows, to-wit:
Starting at a post in the centerline of Bear Lane (formerly known as Kosar Road) said post
bearing S. 89 deg - 34' 30" E, a distance of 608.83'from the NW corner of Tract#1 of said
Subdivision; Thence, N. 89 deg - 34' 30" W, 606.83' along the North boundary of Tract#1
of said subdivision to the intersection of the West boundary of Tract #1 and the East
boundary of Tract #6 of said Subdivision; Thence South 42 deg - 40' 26" along the
common boundary of Tract #1, #2, and #6 of said subdivision to the intersection of the
North boundary of Tract#5 of said subdivision; Thence West 1396.89' along the common
boundary of Tracts#5 and#6 of said Subdivision to the intersection of the NW corner of a
71.64 acre tract being the East 71.64 acres of Tract#5 of said subdivision;
TO A POINT OF BEGINNING
Thence, continuing along this same land West 3931.83' which is the North boundary of
Tract#5 and the South boundary of Tracts#6 and#7 of said Subdivision,to the NW corner
of Tract#5 of said subdivision and the NW corner of this 50.535 acre tract of land; Thence
S. 0 deg - 25' 50" W, 559.59' which is the common boundary of Tracts #5 and #8 of said
subdivision, and the center lien of FM 763, to the SW corner of this 50.535 acre tract of
land; Thence East 3936.04' along the common boundary of the South boundary of the
North half of the North Half of the West 202.14 acre of Tract#5 of said Subdivision and the
North boundary of the South Half of the North Half of the West 202.14 acres of tract#5 of
said subdivision , to the intersection of the West boundary of the 71.64 acre tract
mentioned above, and the SE corner of this 50.535 acre tract; Thence North 559.57'to the
point of beginning, and the NE corner of this 50.535 acre tract and closure of this tract,with
said tract containing 50.535 acres.
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