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1995R08- ACQUISITION OF CERTAIN REAL ESTATE Resolution Number ~~- Y RESOLUTION OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ACQUISITION OF CERTAIN REAL ESTATE AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, in connection with the widening of the F,M. 78 right-of-way, the City of Schertz, Texas (the "City") must acquire certain property; and WHEREAS, the City Council of the City proposes to purchase the property currently owned by George W, Giere, Darron W, Giere, and Rene Farias (the "Sellers") and located at 201 1st Street, Schertz, Texas (the "Property") in accordance with the terms of the Earnest Money Contract dated effective July 7, 1995 (the "Contract"), attached to this Resolution as Exhibit A; and WHEREAS, the City Council of the City further proposes to pay the Sellers certain relocation costs relating to the Sellers' business located on the Property (the "Relocation Payment") in accordance with the Letter Agreement attached to this Resolution as Exhibit B; and WHEREAS, the acquisition of the Property and the payment of the Relocation Payment by the City are deemed to be in the best interests of the citizens of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AS FOLLOWS: SECTION L The City Council of the City hereby authorizes the City Manager to execute all documents necessary for the City to acquire the Property pursuant to the terms of the Contract, and, upon acquisition of the Property, to pay the Seller the Relocation Payment. SECTION 2, The City Manager, and other appropriate officers of the City are hereby authorized to execute and deliver such additional certificates and instruments to further the purposes of this Resolution and the acquisition of the Property by the City as may be approved by the City Attorney, SECTION 3, This Resolution shall be effective immediately upon its adoption. PASSED, ADOPTED, AND APPROVED this /d day of August, 1995, Mayor By: ATTEST: ~~~J City Secretary 0169513 EXHIBIT A EARNEST MONEY CONTRACT THE STATE OF TEXAS ~ ~ COUNTY OF GUADALUPE ~ . THIS EARNEST MONEY CONTRACT ("Contract") is made and entered into by and between GEORGE W. GIERE, DARRON W. GIERE AND RENE FARIAS, d/b/a FG&G ENTERPRISES (collectively, "Seller") and the CITY OF SCHERTZ, TEXAS, a political subdivision of the State of Texas ("Purchaser"). ARTICLE 1 Sale and Purchase Section 1.1 Subject to the terms and provisions hereof, Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller, that certain lot or parcel of real property more particularly described on Exhibit A attached hereto and made a part hereof for all purposes, together with, all and singular, all improvements thereon and all rights and appurtenances pertaining thereto, including, but not limited to, any right, title and interest of Seller in and to adjacent roads, alleys, rights-of-way, drainage facilities, easements and utility facilities, together with all permits, authorities, licenses, consents, and bonds, if any, pertaining thereto (the "Property"). ARTICLE 2 Consideration for Convevance Section 2.1 The total purchase price ("Purchase Price") for the Property shall be Twenty-Thousand and No/100 Dollars ($20,000.00). Section 2.2 At Closing (as defined below), the total Purchase Price shall be paid by Purchaser to Seller, in cash, certified funds, or by wire transfer of immediately good funds. ARTICLE 3 Earnest Monev Section 3,1 Upon execution of this Contract by Purchaser and Seller, Purchaser shall, as a condition precedent to sustaining this Contract, deliver FIVE 0152651.03 . HUNDRED AND NO/100 DOLLARS ($500,00) in cash, certified funds, or by wire transfer of immediately good funds (United States currency) to the Title Company (hereinafter deimed) as earnest money (the "Earnest Money"). Section 3.2 In the event this Contract is closed, the Earnest Money shall be applied to the Purchase Price at Closing, In the event this Contract is not closed, then the Title Company shall disburse the Earnest Money in the manner provided for elsewhere herein. Section 3.3 Any other provision hereof to the contrary notwithstanding, it is expressly understood and agreed that, in consideration of the execution of this Contract by Seller, in the event that Purchaser exercises any right to terminate this Contract as set forth herein (including, without limitation, termination because of Seller's default), the Title Company shall disburse the sum ofTen and No/100 Dollars ($10.00) to Seller before disbursing the balance of the Earnest Money to Purchaser. ARTICLE 4 Title Policv Section 4.1 Within ten (10) days from the Effective Date of this Contract, Seller shall furnish to Purchaser a current commitment ("Title Commitment") for the issuance of an Owner's Policy of Title Insurance ("Owner's Policy") to Purchaser from Donegan Title Company ("Title Company"), together with legible copies of all documents constituting exceptions to Seller's title as reflected in Schedules Band C of the Title Commitment. Purchaser shall have a period of thirty (30) days from the last to be delivered of each of the Title Commitment and the documents referred to therein (the "Review Period") in which to review such items and to make such objections as Purchaser may have to anything contained or set forth in the Title Commitment or title exception documents. Any items to which Purchaser does not object within such period shall be deemed to be permitted exceptions ("Permitted Exceptions"). In the event Purchaser timely objects to any matter contained in the Title Commitment and/or title exception documents as hereinabove provided, Seller shall have until the time of Closing (as hereinafter defined), within which Seller may attempt to cure such objections specified as aforesaid by Purchaser; provided, however, Seller shall be under no obligation to cure such objections. If, at the time of Closing, Seller has been unable or unwilling to cure any such objections as aforesaid, then, and in such event, this Contract shall be terminated (whereupon the Earnest Money, together with any interest thereon, shall be immediately returned to Purchaser by the Title Company), unless Purchaser, at Purchaser's option, elects either to waive the issuance of an Owner's Policy or to accept an Owner's Policy subject to such outstanding title matters, requirements or objections, and to close the purchase upon the execution and delivery of the Deed by Seller subject to the Permitted Exceptions and any matters waived by Purchaser, Notwithstanding the foregoing, any lien which is reflected in the Title Commitment shall not be the basis for objection by Purchaser, 0152851.03 -2- but shall be released by Seller at or before Closing, as provided for elsewhere herein, and shall not be a Permitted Exception in the Deed or the Owner's Policy. Section 4,2 During Purchaser's Review Period, Seller agrees to allow representatives from Ford Engineering or such other firm of registered public land surveyors as Purchaser may in its sole discretion select to enter upon the Property for the purpose of preparing a current survey ("Survey") of the Property, containing a metes and bounds description of the Property and being sufficient to permit the Title Company to modifY, at Purchaser's sole cost and expense, should Purchaser so request, the standard printed exception in the Title Policy pertaining to discrepan~ies in area or boundary lines, encroachments, overlapping of improvements, or similar matters, Section 4.3 At Closing, Seller shall furnish to Purchaser, at Purchaser's sole cost and expense, with the Owner's Policy issued by the Title Company on the standard form in use in the State of Texas, insuring good and indefeasible fee simple title to the Property in Purchaser, subject only to the Permitted Exceptions, the title objections waived by Purchaser, and the standard printed exceptions. Purchaser agrees to pay the basic premium for the Title Policy and, if Purchaser so desires, the additional premium for the modification of the survey exception. ARTICLE 5 Purchaser's Feasibilitv Period Section 5,1 Purchaser, at Purchaser's sole cost and expense, shall have twenty (20) days from the Effective Date of this Contract ("Purchaser's Feasibility Period") within which to conduct any and all engineering and economic feasibility studies of the Property which Purchaser may, at Purchaser's sole discretion, deem necessary to determine whether or not the Property is engineeringlyand economically suitable for Purchaser's intended use. Purchaser's representatives may enter upon the Property for the purpose of conducting any studies or tests, including, but without limitation, soil tests, obtaining topographical information, structural tests, conducting engineering and economic feasibility studies and for all other similar preliminary work; provided, however, that Purchaser shall restore the Property to as near its original condition as is reasonably practicable upon completion of such tests and inspections. Seller hereby acknowledges and agrees that Purchaser will have no responsibility to Seller for any damage to person or property occurring in connection with Purchaser's inspection of the Property and arising out of existing environmental conditions or subterranean structures or utilities of which Seller has current actual knowledge and that were not disclosed to Purchaser, 0152851.03 -3- ARTICLE 6 Condemnation Section 6,1 In the event that prior to the date of Closing, any portion of the Property which, in Purchaser's sole opinion, is not material to the use of the remainder, shall be condemned or taken by eminent domain by any authority other than Purchaser, then in such case, this Contract shall not terminate, but shall remain in full force and effect, and Seller shall assign or pay to Purchaser at Closing Seller's interest in and to any condemnation award or proceeds from any such proceedings or actions in lieu thereof. In the event of a taking by condemnation or similar proceedings or actions of all of the Property, or any portion of the Property which, in Purchaser's sole opinion, is material to the use of the remainder, Purchaser shall have the option to terminate this Contract upon written notice to Seller prior to Closing, in which event the Earnest Money and all earnings thereon shall be promptly refunded by the Title Company to Purchaser if previously deposited, and neither Purchaser nor Seller shall have any further right or obligation hereunder except as set forth herein. Should Purchaser elect not to exercise its option as provided hereunder, then this Contract shall remain in full force and effect and Seller shall assign or pay to Purchaser at Closing Seller's interest in and to all condemnation awards or proceeds from any such proceedings or actions in lieu thereof. Section 6.2 Since the foregoing specific provisions are made with regard to condemnation, Seller and Purchaser hereby waive the application of Section 5.007 of the Texas Property Code to the sale covered by this Contract, ARTICLE 7 Snecial Provisions Reg-arding- Liens Encumbering- the Pronertv Section 7.1 Notwithstanding anything to the contrary contained herein, Seller hereby expressly acknowledges that the Property is currently encumbered by one or more liens, including certain deed of trust liens, and Seller hereby expressly covenants and agrees to convey the Property to Purchaser free and clear of all such liens, and failure of Seller to obtain releases of such liens at or before Closing shall entitle Purchaser to exercise any and all remedies available to Purchaser hereunder, including the remedy of specific performance, provided for in Section 10,1 hereof. Section 7.2 Purchaser hereby agrees to prepare lien release forms for execution by the various holders of the liens referenced in Section 7.1 hereof, as necessary, to assist Seller in obtaining releases of the liens encumbering the property; provided, however that Purchaser shall be under no obligation to contact the lienholders, make any payments, or otherwise engage in any efforts to obtain the releases of any such liens, Seller hereby agrees to use Seller's best efforts to obtain the releases of all such liens, to obtain the necessary signatures of the lienholders on 0152851.03 -4- the lien release forms prepared by Purchaser or on any other legally operative lien release forms which Seller or any lienholder may wish to use, and to provide such fully executed lien release forms to the Title Company or to Purchaser at or before Closing for recordation in the Official Public Records of Real Property of Guadalupe County, Texas, which recording shall be at the sole cost and expense of Purchaser. In the event that Seller chooses not to use release forms prepared by Purchaser, Seller shall bear all costs and expenses associated with the preparation of such forms. Section 7.3. It is contemplated by Seller and Purchaser that the debts of Seller secured by the liens referenced in this Article 7 will be paid off at Closing with some or all of the proceeds from the Purchase Price, Nothing in this Contract is intended, or shall operate, to require Seller to payoff any debt secured by any lien herein referenced prior to Closing, but all such liens must be removed by Seller by no later than contemporaneously with Closing, and the lien releases herein described must be executed by the necessary parties thereto at or before Closing, in order for Seller to satisfy Seller's obligations hereunder. ARTICLE 8 Representations Section 8.1 Seller makes the following representations, as of the date of this Contract: (a) Seller owns good and indefeasible title to the Property, together with all buildings, improvements and fIXtures thereon and appurtenances and rights thereto, (b) Seller agrees to cause to be released to the satisfaction of Purchaser, any mortgages, liens, restrictions, agreements, claims or other encumbrances which will materially interfere with the intended use by Purchaser of the Property or to which Purchaser has objected pursuant to Section 4.1 hereof. (c) Seller has not received notice of a violation of any applicable ordinance or other law, order, regulation or requirement, and has not received notice of condemnation, lien, assessment or the like, relating to any part of the Property or the operation thereof. (d) No person or entity other than Seller is in or is entitled to possession of the Property, (e) During the contract period, Seller will not enter into any oral or written agreements affecting the Property or permit any other agreements, encumbrances, liens, or restrictions to attach to the Property 0152851.03 -5- 0152851.03 which might become binding upon Purchaser or the Property after closing, and as of the date hereof there are no agreements of any nature affecting the Property which will become binding on Purchaser at any time. (0 The Property is not now in whole or in part under lease to any person or entity. (g) Seller is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code. (h) Seller represents and warrants to Purchaser that the following statements are now, and will on the Closing Date, be true and accurate: (i) To the best of Seller's knowledge, no Hazardous Substance is located on, in, or under the Property. (ii) To the best of Seller's knowledge, as of the date hereof, there has never been any release of any Hazardous Substance in, on or under the Property. (iii) Neither Seller nor anyaff1liate of Seller has ever used the Property, and to the best of Seller's knowledge the Property has never been used, for the use, storage, generation, manufacture, treatment, transportation or disposal of any Hazardous Substance. (iv) Any permits or licenses necessary or required to store, use or manufacture any Hazardous Substance within or on the Property have been obtained, are being complied with and are in full force and effect. (v) There is not, nor to the best of Seller's knowledge has there ever been any investigation, administrative hearing or action proposed, threatened or pending relating to the Property and alleging noncompliance with or liability under any environmental or Hazardous Substance law. (vi) To the best of Seller's knowledge, there exists no information indicating that any person, including any employee of Seller, may have impaired health as a result of use or operation of the Property or the release or storage of any Hazardous Substance on, under or about the Property. (vii) To the best of Seller's knowledge, no litigation has been brought or been threatened, nor have any settlements been -6- reached by or with any parties alleging the presence, disposal, release or threatened release or any Hazardous Substance on, under or about the Property or in connection with the use or operation of the Property. (viii) Seller has disclosed and provided Purchaser with copies of all assessments, studies, sampling results, evaluations and other reports commissioned by or for Seller, within Seller's possession or control, or of which Seller is aware relating to the environmental condition of the Property, ARTICLE 9 ClosinlZ Section 9,1 The closing ("Closing") hereunder shall take place at the office of the Title Company. The date of Closing ("Closing Date") shall be the date specified by Purchaser and shall be no later than ten (10) days after the expiration of the later of Purchaser's Feasibility Period or Purchaser's Review Period. Section 9,2 At the Closing, Seller shall deliver or cause to be delivered to Purchaser each of the following items: (a) (b) (c) 0152851.03 A general warranty deed (the "Deed") duly executed and acknowledged by Seller, and in form for recording, conveying title in the Property to Purchaser free and clear of all restrictions, encumbrances and title exceptions, except the Permitted Exceptions and any title matters waived by Purchaser, The Deed shall be prepared by Purchaser at Purchaser's sole cost and expense in a form reasonably acceptable to Seller; The Owner's Policy in the form specified in Section 4.3 hereof. Purchaser shall be responsible for payment of the premium and certain of the costs of the Owner's Policy as described in Section 4.3 hereof; and All additional documents and instruments as in the opinion of Seller's and Purchaser's counsel are reasonably necessary to the proper consummation of this transaction, which documents and instruments shall include, without limitation, any and all releases of liens obtained pursuant to Article 7 hereof. -7- items: Section 9.3 At the Closing, Purchaser shall deliver to Seller the following (a) The Purchase Price required by Section 1.1 hereof; (b) Such evidence or documents as may reasonably be required by Seller or the Title Company evidencing the status and capacity of Purchaser and the authority of the person or persons who are executing the various documents on behalf of Purchaser in connection with the sale of the Property; and (c) All additional documents and instruments as in the opinion of Seller's and Purchaser's counsel are reasonably necessary to the proper consummation of this transaction. Section 9.4 At Closing, ad valorem taxes for the Property for the current calendar year shall be prorated to the Closing Date. Such proration of taxes shall be based upon taxes actually assessed for the current calendar year. If, for any reason, ad valorem taxes for the current calendar year have not been assessed on the Property, such proration shall be estimated based upon ad valorem taxes for the immediately preceding calendar year. Section 9.5 Possession of the Property shall be delivered to Purchaser by Seller at Closing, subject only to the Permitted Exceptions and any title matters waived by Purchaser. Section 9.6 Purchaser agrees to pay the following costs and fees in connection with the Closing: (a) Any escrow fee or closing fee charged by the Title Company, including Seller's customary portion of such fee; (b) The cost of preparation of lien releases (if such releases are to be prepared by Purchaser) as provided for in Article 7 hereof; (c) The cost of preparation of the Deed, as provided for in Section 9.2(a) hereof; (d) The cost of tax certificates, document filing fees, administrative fees and postage fees associated with Closing; (e) The filing fees for filing the Deed and any lien releases in the Official Public Records of Real Property of Guadalupe County, Texas; 0152851.03 -8- (0 The Owner's Policy premium, as provided for in Article 4 hereof; and (e) Purchaser's attorney's fees. Section 9.7 Seller agrees to pay the following costs and fees in connection with the Closing: (a) All costs and expenses incurred in connection with obtaining the release of any liens encumbering the Property (other than the cost of preparing the lien release fonns, should Seller elect to utilize release forms provided by Purchaser) as provided for in Article 7 hereof; (b) The costs of curing any other matters to which Purchaser has objected pursuant to Article 4 hereof; (c) Payment of all past due taxes, if any, and prorated taxes for that portion of the current year during which Seller has held title to the Property, pursuant to Section 9.4 hereof; (d) Seller's attorney's fees; and (e) All other bills or charges pertaining to the Property as of the Closing Date (other than those incurred by Purchaser in connection with Purchaser's acquisition of the Property). ARTICLE 10 Remedies of Default Section 10.1 In the event all conditions of this Contract are satisfied by Purchaser (if Purchaser's obligation) or waived and in the event all covenants and agreements to be perfonned by Purchaser prior to Closing are fully perfonned, and in the event that perfonnance of this Contract is tendered by Purchaser and the sale is not consummated through default on the part of Seller on the Closing Date, then Purchaser shall be entitled to (i) tenninate this Contract and recover the Earnest Money, together with all interest earned thereon, (ii) enforce the remedy of specific performance against Seller, (iii) pursue any and all remedies against Seller available to Purchaser, or (iv) waive any unmet requirements. Section 10.2 As Seller's sole and exclusive remedy in the event of Purchaser's default hereunder, Seller hereby waiving all others, Seller shall have the right to terminate this Contract, and the Earnest Money, together with all interest earned thereon, shall be paid to Seller by the Title Company. 0152851.03 -9- ARTICLE 11 Miscellaneous Section 11.1. Notwithstanding anything to the contrary contained herein, Seller shall have until ten (10) days after the Closing Date, and only after prior reasonable notice to Purchaser, to enter upon the Property and remove all of Seller's equipment, inventory, trade fixtures, goods and personalty located thereon. Unless otherwise agreed by Purchaser, all items remaining on the Property after the expiration of said ten (10) day period shall be deemed to be the property of Purchaser. Section 11.2 Any notice or communication required or permitted hereunder shall be given in writing, sent by (a) personal delivery (provided that such delivery is confirmed by the courier delivery service), or (b) expedited delivery service with proof of delivery, or (c) United States Mail, postage prepaid, registered or certified mail, or (d) prepaid telegram, telex or facsimile transmission (provided that such telegram, telex or facsimile transmission is confirmed by expedited delivery service or by mail in the manner previously described), addressed as follows: If to Seller: To each of: George W. Giere 3728 William Scarbrough Schertz, Texas 78154-2963 Darron W. Giere 3728 William Scarbrough Schertz, Texas 78154-2963 Rene Farias 3728 William Scarbrough Schertz, Texas 78154-2963 If to Purchaser: The City of Schertz, Texas 1400 Schertz Parkway Post Office Drawer 1 Schertz, Texas 78154 Attention: Mr. Kerry Sweatt, City Manager or to such other address or to the attention of such other person as hereafter shall be designated in writing by the applicable party sent in accordance herewith. Any such notice or communication shall be deemed to have been received either at the time of personal delivery or, in the case of delivery service or certified or registered mail, as of the date of deposit or delivery to the United States Mail or expedited delivery service in the manner provided herein, or in the case of telegram, telex or facsimile 0152851.03 -10- transmission, at the time transmitted. Any notice required by this Contract or in any way related to the transaction contracted for herein, shall be void and of no effect unless given in accordance with the provisions of this Article 11. Either party hereto may change the address for notice specified above by giving the other party ten (10) days advance written notice of such change of address. Section 11.3 For the purpose of determining the time for performance of various obligations under this Contract, the Effective Date (herein so called) of this Contract shall be the date that this Contract and the Earnest Money are receipted for by the Title Company as evidenced by the Title Company receipt that is located on the last page of this Contract. Section 11.4 It is mutually agreed by the parties hereto that any provision contained in this Contract which shall by its nature impose any obligation or duty upon any party hereto, or give any right or benefit to any party hereof, continuing beyond the date of Closing, such provision will not be canceled and considered merged into the final instruments executed at Closing, but will instead survive the Closing and will continue in full force and effect. Section 11.5 This Contract shall be binding upon and inure to the benefit of the parties and their respective legal representatives, and permitted successors and assigns. Section 11.6 The obligations of the parties hereto are and shall be performable in Guadalupe County, Texas. This Contract shall be construed and interpreted in accordance with the laws of the State of Texas. Where required for proper interpretation, words in the singular shall include the plural; the masculine gender shall include the neuter and the feminine, and vice versa. The term "successors, legal representatives and assigns" shall include "heirs, executors, administrators and assigns" and vice versa. Section 11.7 Seller hereby warrants and represents that Seller has not and shall not retain any agent or broker in connection with the transaction herein contemplated or any other planned or proposed sale of the Property by Seller. Seller further warrants and represents that no real estate commission shall be owed as result of this Contract, and Seller agrees to indemnify Purchaser and hold Purchaser harmless from and against any and all liabilities arising from any claims related to real estate commissions caused or incurred by Seller. Section 11.8 Purchaser shall have the right to assign this Contract or any of its rights hereunder to any third party, firm, corporation or entity at any time without the prior written consent of Seller. Section 11.9 Each person executing this Contract warrants and represents that he is fully authorized to do so. 0152851.03 -11- Section 11.10 Time is of the essence of this Contract. Section 11.11 In the event that, pursuant to the provisions of this Contract, either Seller or Purchaser shall be entitled to receive the Earnest Money, the other party shall be obligated to execute promptly such direction or agreement as may be required by the Title Company incident to the disposition of the Earnest Money. Section 11.12 In the event it becomes necessary for either party hereto to me a suit to enforce this Contract or any provisions contained herein, the party prevailing in such action shall be entitled to recover, in addition to all other remedies or damages, reasonable attorneys' fees incurred in such suit. Section 11.13 The descriptive headings of the several Articles, Sections and Paragraphs contained in this Contract are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. Section 11.14 This Contract, including the Exhibit hereto, constitute the entire agreement among the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. No representation, warranty, covenant, agreement or condition not expressed in this Contract shall be binding upon the parties hereto or shall affect or be effective to interpret, change or restrict the provisions of this Contract. Section 11.15 Should the calculation of any of the various time periods provided for herein result in either an obligation becoming due on a Saturday, Sunday or legal holiday or a date otherwise of particular significance occurring on a Saturday, Sunday or legal holiday, then the due date of such obligation or scheduled time of occurrence of such event shall be delayed until the next business day. Section 11.16 Seller and Purchaser hereby acknowledge that neither this Contract nor any memorandum or affidavit thereof shall be recorded of public record in Guadalupe County, Texas, or any other county in Texas. Should either party hereto ever record or attempt to record this Contract, or a memorandum or affidavit thereof, or any other similar document, then, notwithstanding anything herein to the contrary, said recordation or attempt at recordation shall constitute a default by such party, and, in addition to the other remedies provided for herein, the other party shall have the express right to terminate this Contract by filing a notice of said termination in the proper place for said filing. Section 11.17 Numerous copies of this Contract have been executed by the parties hereto. Each such executed copy shall have the full force and effect of an original executed instrument. 0152851.03 -12- Section 11.18 This Contract may not be modified or amended, except by an agreement in writing signed by Seller and Purchaser. The parties may waive any of the conditions contained herein or any of the obligations of the other party hereunder, but any such waiver shall be effective only if in writing and signed by the party waiving such conditions or obligations. Section 11.19 The term "business days" as used in this Contract shall m'm ony day oth~ than Sa","",. Snnd.y 0' .~ """- holWay. EXECUTED as of the :; day of , 1995. SELLER: .--: g;:!t~ Rene Farias PURCHASER: The City of Schertz, Texas, a political subdivisi9n of e ate of Texas By: This Contract, together with Purchase by the Title Company this 1 day of execution hereof the Title Company hereby cov terms of this Contract. E nest Money, has been received 1995 and by ants nd agrees to be bound by the DONEGAN TITLE COMPANY ~ef~u ~~ Title: Ese~..,.; ()~t.~e-,e. OUi2851.03 -13- EXIllBIT A All that certain lot or parcel of land lying and being situated in the Town of Schertz, Guadalupe County, Texas, and being out of Section 3, G. Malpaz Survey No. 67, and described as follows: BEGINNING at a stake on the south side of the San Antonio-Houston Highway and on the east side of the Zuehl Road said stake being south 20 degrees and 11' East 45 feet from the northwest corner of the tract conveyed by W.W. Chism to William Schulz for the northwest corner of this lot. THENCE North 62 degrees and 40' east with the south side of said Highway 123 feet to a stake the northwest corner of Lot No.1, for northeast corner; THENCE South 20 degrees 11' east with the west line of Lot No.2, 30.4 feet to a stake, the northeast corner of Lot No.3, for southeast corner; THENCE South 62 degrees 40' west with the north line of Lot No.3, 123 feet to a stake on the east line of the Zuehl Road, the northwest corner of Lot No.3, for southwest corner; THENCE North 20 degrees 11' west with the east side of the Zuehl Road, 30.4 feet to the place of beginning. 0152851.03 -14-