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R-04-12-16-14A1 - 12/16/2004 RESOLUTION NO. R-04-12-16-14A 1 WHEREAS, the City desires to purchase a 0 . 657 acre tract of land for additional right-of-way for the Sam Bass Road Improvement Project, and WHEREAS, Harriet Irvin Rutland, the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Harriet Irvin Rutland, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of December, 2004 . WELL, Mayor Ci y of Round Rock, Texas ST: , CHRISTINE R. MARTINEZ(, City Secretar @PFDesktop\::ODMA/WORLDOXjO:/WDOX/RESOLUTI/R41216A1.WPD/sc Sam Bass Road Parcel 11 REAL ESTATE CONTRACT Sam Bass Road State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between HARRIET IRVIN RUTLAND, (referred to in this Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the tract of land situated in Williamson County, Texas, being more particularly described as follows: 0.787 of one acre tract of land, more or less, out of and a part of the J. M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, (Parcel 11), being more fully described by metes and bounds as described in Exhibit"A"attached hereto and incorporated herein; for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of ONE HUNDRED FORTY- ONE THOUSAND,NINETY-NINE AND 08/A00 DOLLARS ($14-1,099.08). Special Provisions 2.02 At no time during the construction of the Sam Bass Road project by Purchaser shall Seller be denied reasonable access and/or ingress to or egress from Seller's remaining property for the current uses of such property. The terms and conditions of this Contract shall survive closing and inure to the benefit of Seller,her successors,heirs and assigns. 00078831 EA IT Miscellaneous Conditions 3.04. Seller shall have performed, observed, and complied with.all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date, to the best of Seller's knowledge: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than as previously disclosed; . . (2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; ARTICLE V CLOSING Closiniz Date 5.01. The closing shall be held at the office of Austin Title, Round Rock office, on or before December 31, 2004, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the completion of any title curative matters if necessary for items as shown on the Title Commitment(which date is herein referred to as the"closing date"). Seller's Obligations at Closing 5.02. At the closing Seller shall: -(1) Deliver to Purchaser a duly executed and acknowledged Warranty Deed conveying good.and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b). Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. 3 (2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Austin Title, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy,provided,however: (a) The boundary and survey exceptions shall be deleted; (b) The exception as to restrictive covenants shall be endorsed "None of Record;"and (c) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed"Not Yet Due and Payable." (3) Deliver to Purchaser possession of the Property. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 5.04. General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. Agricultural roll-back taxes, if any, shall be paid by Purchaser. Closing Costs 5.05. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy and survey shall be paid by Purchaser. (2) Deed, tax certificates, and title curative matters, if any, shall be paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees shall be paid by each respectively. 4 ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company the sum of Five Hundred Dollars ($500.00), the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this Contract as provided in Article IX hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price; provided, however, that in the event the Purchaser shall have given written notice to the title company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as her total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE--IX- - - - -- —— MISCELLANEOUS Notice 9.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. 5 Texas Law to Ann1V 9.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 9.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 9.04. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 9.05. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 9.06. Time is of the essence in this Contract. Gender 9.07. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract 9.08. Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title 6 insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date 9.10 This Contract shall be effective as of the date it is approved by the City of Round Rock, which date is indicated beneath the City's signature below. SELLER: HARRIET IRVIN RUTLAND Date: December_, 2004 PURCHASER: CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor 221 E. MAIN STREET ROUND ROCK,TEXAS 78664 Date: December 16, 2004 RECEIPT Receipt of[ ] copy of Contract and [ ] $5,000 Earnest Money in the form of a corporate check is acknowledged. Date: December_, 2004. Austin Title 101 E. Old Settler's Blvd. #100 Round Rock,TX 78664 By: Escrow Agent 7 EXHIBIT "A" Harriet Irvin Rutland to City of Round Rock (Fee Simple) Field 'Notes for Parcel 11 BEING 0.787 OF ONE ACRE OF LAND, MORE OR LESS, OUT OF AND A PART OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 284 IN WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF THE TRACT CONVEYED TO HARRIET IRVIN RUTLAND BY THE FOLLOWING DEEDS: VOLUME 486, PAGE 577 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FILED FOR RECORD ON APRIL 20, 1966, VOLUME 1280, PAGE 428 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, FILED FOR RECORD ON DECEMBER 4, 1985, VOLUME 501, PAGE 387 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS FILED FOR RECORD ON AUGUST 29, 1967, SAID 0.787 OF ONE ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS AND AS SHOWN ON THE ATTACHED SKETCH: BEGINNING at a mag nail set in the easterly right-of-way line of the Missouri-Pacific Railroad (60` R.O.W.), same being at the most southerly corner of the 1.29 acre tract conveyed to J.B. Rutland (now deceased) and Harriet Irvin Rutland by deed recorded in Volume 501, Page 387 of the Deed Records of Williamson County, Texas, for the Point of Beginning and the southwesterly corner of the herein described tract of land; 1) THENCE, with the easterly right-of-way line of said Missouri-Pacific Railroad and the westerly line of said 1.29 acre Rutland tract North 19°51130" West, passing at a distance of 208.30 feet, a calculated point at the most westerly corner of. said 1.29 acre Rutland tract, same being the most southerly corner of the tract of land conveyed to Harriet I. Rutland by deed recorded in Volume 1280, Page 428 of the Official Records of Williamson County, Texas, in all a total distance of 248.71 feet to a 5/8" iron rod with cap set for the point of curvature of a non-tangent circular curve to the left; 2) THENCE, along said curve to the left, having a radius of 1766.84 feet, an angle of intersection of 00°46157„, a chord bearing North 20°14151" West, a distance of 24.13 feet, to a 5/8 inch iron rod with cap set at the northwesterly corner of said Harriet I. Rutland (1280/428) tract, same being the southwesterly corner the tract conveyed to Harriet Irvin Rutland by deed recorded in Volume 486, Page 577 of the Deed Records of Williamson County, Texas, for the most westerly corner of the herein described tract of land; 3) THENCE, leaving the easterly right-of�-way line of said Missouri-Pacific Railroad, with the common line of said Harriet Irvin Rutland (486/577) tract and said Harriet I. Rutland (1280/428) tract, North 77044136" East, passing at a distance of 3.11 feet, a 1/2 inch iron rod found, in all a distance of 72.24 feet to a 5/8 inch iron rod with cap set for an interior corner of the herein described tract of land; 4) THENCE, North 21045114" West, a distance of 172.40 feet, crossing said Harriet Irvin Rutland (486/577) tract to a mag nail set in the occupied southeasterly right-of-way line of Emmanuel Street, same being in the northwesterly line of Harriet Irvin Rutland (486/577) tract, for a northerly corner of the herein described tract of land; 5:\Pr0S.ect$%70212\Field Notes\PARll.doc. Page 1 of 3 5) THENCE, North 69001'04" East, a distance of 30.00 feet, with the occupied southeasterly right-of-way line of said Emmanuel Street and the northwesterly line of said Harriet Irvin Rutland (486/577) tract, to a 5/8 inch iron rod with cap set for the northwesterly corner of the herein described tract of land; 6) THENCE, leaving the occupied southeasterly right-of-way line of said Emmanuel Street and the northwesterly line of said Harriet Irvin Rutland (486/577) tract, crossing said Harriet Irvin Rutland (486/577) tract, South 21°45114" East, passing at a distance of 177.01 feet, the common line of said Harriet Irvin Rutland (486/577) tract and said Harriet I. Rutland (1280./428,) tract, passing at an additional distance of 64.84 feet, the common line of said Harriet I. Rutland (1260/428) tract and said Rutland 1.29 acre tract, in all a distance of 452.62 feet to a spindle set in the southeasterly line of said Rutland 1.29 acre tract, for the southeasterly corner of the herein described tract of land; 7) THENCE, South 78028104" West, a distance of 111.89 feet with the southerly line of said 1.29 acre Rutland tract, to the Point of Beginning and containing an area of 0.787 of one acre of land, more or less. 11 &AA -'q SIC) Eduardo 0. Mendez Date OF 7 Registered Professional Land Surveyor 5010 �,.G�s •«.� Martinez, Wright & Mendez, Inc. • .....6••.................... 7700 Chevy Chase Drive, Suite 100 .,PUMO;MWK. Austin, Texas 78752 r90 5010 (512) 453-0767 2 gess\o �t7 Bearing Basis: State Plane, Central Zone, NAD 83 (HARN) SU WCAD No, R055668, R055563, R055670 Page 2 of 3 S:\P[ajects\7p2221Fi.eld K4Ce8\PARI.1.doc N69ro1'04"E 000, �i,�P►N,-!�4 SCALE: �) • LEGEND �. 1 HARRIET IRVIN RUTLAND • 1/2" IRON ROD FOUND \ = 486/577 (UNLESS NOTED) \ P11j DRWCT L GOD NAI, FOUND � (UNLESS NOTED) -� 0 MAG NAI. SET \ U (UNLESS NOTED) \ 0 5/8" IRON ROD $77'44'36"W w/CAP SET 63.22 4+Q(y"E� 0 1/2" PIPE FOUND (UNLESS NOTED) CALCULATED POINT + 6„ .^' EXISTING PROPERTY UNE \ �7 7.44 �+ __—— EXISTING EASEMENT LINE 7,2.4!00' +. H �R I E T I. R U TL N D O RECORD INFORMATION \ 6g ORWCT OFFICIAL RECORDS OF 3.11' p 1 280/428 WILLIAMSON COUNTY, TX jp. ORWCT DRWCT DEED RECORDS OF �- WILLIAMSON COUNTY, TX EXISTING S CENTERLINE 0 r 2 HARRIET IRVIN RUTLAND I o x' RAILROAD TRA S (1.29 ACRE) 0 501/387 -31 I G 0 DRWCT f \,tPARCEL 11 � ° Fp0.787 ACRES THESE SURFACE COORDINATES WERE MODIFIED � tp f t3Up. ,�ip(.,p.MEh.. FROM GRID STATE PLANE G COORDINATES, CENTRAL \ Q, ;.90 5010 i-I* ZONE, NAD 83 (HARK) BY N 1 POINT OF DIVIDING BY AN ADJUSTMENT '-a x" 'uR FACTOR OF 0.99995 cP r" BEGINNING_ �0 o =10161194.46 C2l C /b RECORD INFORMATION PROVIDED BY: c� --f E=312 5 xy 9029.63 AUSTIN TITLE COMPANY , S80.40'W) l t 101 E. OLD SETTLERS BLVD., SUITE #10b ROUND ROCK, TEXAS 78664 , r PHONE (512) 255-3343 \� 5. 8'04 W SPINDLE GF #224421-X 111.89 THE FOLLOWING EASEMENTS DO NOT APPLY, CURVE TABLE AN EASEMENT DATED AUGUST 13, 1984, �� CURVE DELTA RADIUS LENGTH CHORD C 0HORD BEARING' GRANTED TO THE CITY OF ROUND ROCK, ; C1 '46'57" 1766,84' 24.13` 24.13' N 0'14'51"W RECORDED IN VOLUME 1094, PAGE 770, O.R.W.C.T, MARTINEZ Ct EVY CHASE ONE SKETCH TO ACCOMPANY Josto 1 °210 W R I G H T& 7700 Chevy Choae Dive FIELD NOTES me ""�"' M E N D E Z swtc too,Avran r.+oY 7e752 WILLIAMSON COUNTY,TEXAS 3 Civil Emil 1141,1119-laal lsrrtyla[ Areittteta:t 512t5S 33747 W.I 512.453:I73+ 3OF3 DATE: December 9, 2004 SUBJECT: City Council Meeting - December 16, 2004 ITEM: 14.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Harriet Irvin Rutland for the purchase of 0.657 acres for drainage improvements for the Sam Bass Road Improvement Project. Department• Legal Staff Person: Steve Sheets, City Attorney Justification: Purchase of additional right-of-way from Harriet Rutland for improvements for the Sam Bass Road Improvement Project. Funding• Cost: $141,099.08 Source of funds: Outside Resources: Sheets & Crossfield, P.C. Background Information: None Public Comment: N/A EXECUTED DOCUMENT FOLLOWS Sam Bass Road Parcel 11 REAL ESTATE CONTRACT Sam Bass Road State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between HARRIET IRVIN RUTLAND, (referred to in this Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the tract of land situated in Williamson County, Texas, being more particularly described as follows: 0.787 of one acre tract of land, more or less, out of and a part of the J. M. Harrell Survey, Abstract No. 284, in Williamson County, Texas, (Parcel 11), being more fully described by metes and bounds as described in Exhibit"A" attached hereto and incorporated herein; for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2:01. The purchase price for the Property shall be the sum of ONE HUNDRED FORTY- ONE THOUSAND, NINETY-NINE AND 08/A00 DOLLARS ($141,099.08). Special Provisions 2.02 At no time during the construction of the Sam Bass Road project by Purchaser shall Seller be denied reasonable access and/or ingress to or egress from Seller's remaining property for the current uses of such property. The terms and conditions of this Contract shall survive closing and inure to the benefit of Seller, her successors, heirs and assigns. 00078831 Pavment of Purchase Price 2.03. The Purchase Price shall be payable in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing.) Preliminary Title Commitment 3.02. Purchaser, at Purchaser's sole cost and expense, has caused Austin Title Company, Round Rock office ("Title Company")to issue a preliminary title report(the"Title.Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. In the event that title to the property is not satisfactory to Purchaser, after notice of such unsatisfactory condition Seller shall provide Purchaser with any assistance reasonably requested as necessary to eliminate or modify such matters. In the event Seller is unable to do so prior to the closing date or by other date as agreed to between the parties, Purchaser may terminate this Contract and it shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser, as provided in Article VII. Sun'ey 3.03. Purchaser, at Purchaser's expense, has caused to be delivered a current plat and survey of the Property, prepared by a duly licensed Texas land surveyor. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. If any portion of the survey is unacceptable to Purchaser, then Purchaser shall give Seller notice of this fact. Seller shall provide Purchaser with any assistance reasonably requested as necessary to eliminate or modify such matters. In the event Seller is unable to do so prior to the closing date or by other date as agreed to between the parties; Purchaser may terminate this Contract and the Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the title company to Purchaser, as provided in Article VII. 2 Miscellaneous Conditions 3.04. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date, to the best of Seller's knowledge: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than as previously disclosed; (2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof, ARTICLE V CLOSING Closing Date 5.01. The closing shall be held at the office of Austin Title, Round Rock office, on or before December 31, 2004, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the completion of any title curative matters if necessary for items as shown on the Title Commitment(which date is herein referred to as the"closing date"). Seller's Obligations at Closing 5.02. At the closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof, and (c) Any exceptions approved by Purchaser in writing. 3 (2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Austin Title, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: (a) The boundary and survey exceptions shall be deleted; (b) The exception as to restrictive covenants shall be endorsed "None of Record;"and (c) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable." (3) Deliver to Purchaser possession of the Property. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 5.04. General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. Agricultural roll-back taxes, if any, shall be paid by Purchaser. Closing Costs 5.05. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy and survey shall be paid by Purchaser. (2) Deed, tax certificates, and title curative matters, if any, shall be paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees shall be paid by each respectively. 4 ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company the sum of Five Hundred Dollars ($500.00), the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this Contract as provided in Article IX hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price; provided, however, that in the event the Purchaser shall have given written notice to the title company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as her total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE IX MISCELLANEOUS Notice 9.01. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. 5 Texas Law to Apply 9.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 9.03. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 9.04. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 9.05. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 9.06. Time is of the essence in this Contract. Gender 9.07. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract 9.08. Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title 6 insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Effective Date 9.10 This Contract shall be effective as of the date it is approved by the City of Round Rock, which date is indicated beneath the City's signature below. SELLER: a pc-,ij" HARRIET IRVIN RUTLAND Date: December 1, 2004 PURCHASER: CITY OF ROUND ROCK, S By: N axw , ayor 22 MAIN STREET ROUND ROCK, TEXAS 78664 Date: December 16,2004 RECEIPT Receipt of[ ] copy of Contract and [] $5,000 Earnest Money in the form of a corporate check is acknowledged. Date: December_, 2004. Austin Title 101 E. Old Settler's Blvd. #100 Round Rock, TX 78664 By: Escrow Agent 7 EXHIBIT "A" Harriet Irvin Rutland to City of Round Rock (Fee Simple) Field Notes for Parcel 11 BEING 0.787 OF ONE ACRE OF LAND, MORE OR LESS, OUT OF AND A PART OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 284 IN WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF THE TRACT CONVEYED TO HARRIET IRVIN RUTLAND BY THE FOLLOWING DEEDS: VOLUME 486, PAGE 577 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FILED FOR RECORD ON APRIL 20, 1966, VOLUME 1280, PAGE 428 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, FILED FOR RECORD ON DECEMBER 4, 1985, VOLUME 501, PAGE 387 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS FILED FOR RECORD ON AUGUST 29, 1967, SAID 0.787 OF ONE ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS AND AS SHOWN ON THE ATTACHED SKETCH: BEGINNING at a mag nail set in the easterly right-of-way line of the Missouri-Pacific Railroad (60' R.O.W.), same being at the most southerly corner of the 1.29 acre tract conveyed to J.B. Rutland (now deceased) and Harriet Irvin Rutland by deed recorded in Volume 501, Page 387 of the Deed Records of Williamson County, Texas, for the Point of Beginning and the southwesterly corner of the herein described tract of land; 1) THENCE, with the easterly right-of-way line of said Missouri-Pacific Railroad and the westerly line of said 1.29 acre Rutland tract North 19°51'30" West, passing at a distance of 208.30 feet, a calculated point at the most westerly corner of said 1.29 acre Rutland tract, same being the most southerly corner of the tract of land conveyed to Harriet I. Rutland by deed .recorded in Volume 1280, Page 428 of the Official Records of Williamson County, Texas, in all a total distance of 248.71 feet to a 5/8" iron rod with cap set for the point of curvature of a non-tangent circular curve to the left; 2) THENCE, along said curve to the left, having a radius of 1766.84 feet, an angle of intersection of 00046157", a chord bearing North 20014'51" West, a distance of 24.13 feet, to a 5/8 inch iron rod with cap set at the northwesterly corner of said Harriet I. Rutland (1280/428) tract, same being the southwesterly corner the tract conveyed to Harriet Irvin Rutland by deed recorded in Volume 486, Page 577 of the Deed Records of Williamson County, Texas, for the most westerly corner of the herein described tract of land; 3) THENCE, leaving the easterly right-of-way line of said Missouri-Pacific Railroad, with the common line of said Harriet Irvin Rutland (486/577) tract and said Harriet I. Rutland (1280/428) tract, North 77044'36" East, passing at a distance of 3.11 feet, a 1/2 inch iron rod found, in all a distance of 72.24 feet to a 5/8 inch iron rod with cap set for an interior corner of the herein described tract of land; 4) THENCE, North 21045114" West, a distance of 172.40 feet, crossing said Harriet Irvin Rutland (486/577) tract to a mag nail set in the occupied southeasterly right-of-way line of Emmanuel Street, same being in the northwesterly line of Harriet Irvin Rutland (486/577) tract, for a northerly corner of the herein described tract of land; S:\Projects\702iz\F1e1d Notes MAII.doc Page 1 of 3 5) THENCE, North 69001`04" East, a distance of 30.00 feet, with the occupied southeasterly right-of-way line of said Emmanuel Street and the northwesterly line of said Harriet Irvin Rutland (486/577) tract, to a 5/8 inch iron rod with cap set for the northwesterly corner of the herein described tract of land; 6) THENCE, leaving the occupied southeasterly right-of-way line of said Emmanuel. Street and the northwesterly line of said Harriet Irvin Rutland (486/577) tract, crossing said Harriet Irvin Rutland (486/577) tract, South 21045114" East, passing at a distance of 177.01. feet, the common line of said Harriet Irvin Rutland (486/577) tract and said Harriet I. Rutland (1280/428) tract, passing at an additional distance of 64.84 feet, the common line of said Harriet I. Rutland (1280/428) tract and said Rutland 1.29 acre tract, in all a distance of 452.62 feet to a spindle set in the southeasterly line of said Rutland 1.29 acre tract, for the southeasterly corner of the herein described tract of land; 7) THENCE, South 78°28104" West, a distance of 111.89 feet with the southerly line of said 1.29 acre Rutland tract, to the Point of Beginning and containing an area of 0.787 of one acre of land, more or less. &AA Eduardo 0. Mendez C Date ( F Registered Professional Land Surveyor. 501.0 Martinez, Wright & Mendez, Inc. ............., `;'............. 7700 Chevy Chase Drive, Suite 100 ,ESN EQQ O.M UZ Austin, Texas 78752 r:9 5010 (512) 453-0767 y o`Ess�oa,•� Bearing Basis: State Plane, Central Zone, NAD 83 (HARN) U WCAD No. : R055668, R055563, R055670 s:AProjects\7o2721 Field NctestPAR.0.doc Page 2 of 3 �R ,r • N69'01'04 "E 0.00 SCALE: ! 2 LEGEND N; HARRIET IRVIN RUTLAND • 1/2" IRON ROD FOUND ! �% 486/577 (UNLESS NOTED) D R WC T • 60D NAIL FOUND (UNLESS NOTED) -S 0 MAG NAIL SET ! ' 0 (UNLESS NOTED) ! O 5/8" IRON ROD N , S77'44'36"1N W/CAP SET 63.22 QQ'�0"E� _-- 0 1/2" PIPE FOUND AH"�� $Q. (UNLESS NOTED) CALCULATED POINT �44rSEXISTING PROPERTY UNE 77 EXISTING EASEMENT UNE N 72.;? 3' RIET I. RUTL ND ( ) RECORD INFORMATION 69 ORWCT OFFICIAL RECORDS OF r 3,11' �'% 1280/428 ZWC $ WILUAMSON COUNTY, TX DRWCT DEED RECORDS OF �� WILLIAMSON COUNTY, TX %o EXISTING CENTERLINE 0 ` HARRIET IRVIN RUTLAND o S RAILROAD TRA S . ,- (1.29 ACRE) -5;- 4 1 N 501/387 1 v ! 0 DRWCT t OF ,- PARCEL 1 t a ��,..... � .p N 0.787 ACRS '� Q THESE SURFACE �; COORDINATES WERE MODIFIED 0 CP ' FROM GRID STATE PLANE �W , EDU......0'M NOEZ. .............. COORDINATES, CENTRAL ! _ 5010 �� Q © ZONE. NAD 83 (HARN) BY Y '•aF . ..... y DIVIDING BY AN ADJUSTMENT ! POINT OF '�Cy'•,. . •�� FACTOR OF 0.99995 � BEGINNING o N=10161194.461Q161194.46 UR � � . RECORD INFORMATION PROVIDED BY: -r E=3129029.63 / 1 AUSTIN TITLE COMPANY (� % S$p•40* C2Q4.6'� — 101 E. OLD SETTLERS BLVD.. SUITE #10b ROUND ROCK, TEXAS 78664 '?a i goo +t W PHONE (512) 255-3343 GF #224421-X r�7$'Z$'Q� SPINDLE r- �' All.$g 0' THE FOLLOWING EASEMENTS DO NOT APPLY• ';0 AN EASEMENT DATED AUGUST 13CURVE DELTA RADIU . 1984. CURVE TABLE S LENGTH CHORD CHORD BEARING GRANTEE TO THE CITY OF ROUND ROCK, C1 0'46.57" 1766.84' 24.13' 24.13' N20'14'51"W RECORDED IN VOLUME 1094, PAGE 770, O.R.W.C.T. ! MA RT I N 1 z CHE.. comas p�F SKETCH TO ACCOMPANY ,� r5OEC 04 W R I G H T& 70° Chi, Chose D.;vc FIELD NOTES 31LE. PARCELI1 M E N D E Z s'"'E a00,Aoaun,t.,o�X8752 CIr11 Egai�arUt,l�N arrwrinp hre6ltsstgn �s12{ss.6�s�aar2 512.{5,41.__ WILLIAMSON COUNTY,TEXAS 3 3OF3