R-04-08-26-13C2 - 8/26/2004 RESOLUTION NO. R-04-08-26-13C2
WHEREAS, the City desires to purchase a 1. 975 acre tract of land
for additional right-of-way for the Arterial "A" project, and
WHEREAS, Cressman Enterprises, L.P. , 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 Cressman Enterprises,
L.P. , 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 26th day of August, 2004 .
NY ELL, ay r
City of Round Rock, Texas
ATT T: `
CHRISTINE R. MARTINEZ, City Secretary.
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REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between CRESSMAN
ENTERPRISES,L.P.,A TEXAS LIMITED PARTNERSHIP,(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(s)of land described as follows:
Fee simple interest in 1.975 acres located in the Prior A. Holder Survey No. 9,Abstract No. 297, in
Williamson County, Texas; being a portion of a called 15.99 acre tract of land as described in the
deed to Marvin Cressman as recorded in Volume 1755, Page 329 of the Official Records of
Williamson County,Texas,more fully described by metes and bounds in Exhibit"A",attached hereto
and incorporated herein; and
together with all and singular the rights and appurtenances pertaining to the property, including any
right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way(all of such real
property,rights,and appurtenances being referred to in this Contract as the"Property"). This purchase
also includes any improvements and fixtures situated on and attached to the Property, 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 SIX HUNDRED SEVENTY
FIVE THOUSAND FIVE HUNDRED and no/100 Dollars($675,500.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the closing.
MPFDesktop\::ODMA/WORLDOX/O:/WDOX/CORA/TRANSPRT/ARTERIALA/CRESS! REALEST PD/sls
EXHIBIT
"All
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 maybe waived
in whole or in part by Purchaser at or prior to the closing.)
Preliminary Title Commitment
3.02. Within twenty (20) days after the date hereof, Seller, at Purchaser's sole cost and
expense,shall have caused the 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 promptly
undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser,
or 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.
Survey
3.03. Within ten (10) days from the date hereof, Purchaser, at Purchaser's sole cost and
expense, shall cause to be delivered a current plat of 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 promptly undertake to eliminate or modify all the unacceptable portions
to the reasonable satisfaction of Purchaser. 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;
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and
restrictions relating to the Property, or any part thereof;
(3) The Property herein is being conveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the office of Austin Title,Round Rock office, on or before
October 1, 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 Special 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;
3
(b) Any exceptions approved by Purchaser pursuant to Article III hereof, and
(c) Any exceptions approved by Purchaser in writing.
(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 to be paid by Purchaser.
(2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
4
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
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 its total damages and relief and as
Seller's sole remedy hereunder in such event.
5
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 maybe, at the address set forth opposite the signature of the party.
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.
6
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 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 Round Rock City
Council, which date is indicated beneath the Mayor's signature below.
Possession and Use Agreement
9.11 By signing this Contract,Seller agrees to allow Purchaser to use and possess the Property
for the purpose of constructing and/or improving a public road and related facilities, upon full
execution of this contract.
SELLER:
CRESSMAN ENTERPRISES, L.P.,A TEXAS LIMITED PARTNERSHIP
By:
Its:
PURCHASER:
CITY OF ROUND ROCK
By:
Nyle Maxwell, Mayor
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
8
EXHIBIT
1.975 Acre(86051 sq.ft.)Right-of-Way
P.A.Holder Survey A-297 FN 2960(ALG)
Williamson County,Texas May 21,2003
SAM,Inc.Job No. 22015-20
DESCRIPTION OF A 1.975 ACRE (86051 Sq. Ft.) TRACT OF LAND LOCATED IN THE P.A.
HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION
OF a called 15.99 ACRE TRACT OF LAND AS DESCRIBED IN THE DEED TO MARVIN
CRESSMAN AS RECORDED IN VOLUME 1755, PAGE 329 OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 1.975 ACRE(86051 Sq.Ft.)TRACT OF LAND AS SHOWN
ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2-inch iron rod with a cap found on the south line of a called 168.9883 acre tract
of land as described in the deed to B.J. Williams as recorded in Document No. 199944311 of the Official
Public Records of Williamson County,Texas,same being the southeast comer of a called 2.50 acre tract of
land dedicated as proposed Lot 1,BIock 2,of Legends Village, Section Three, also being the north line of
County Road 195 (a varying width right-of-way (ROW), no recording information found) from which a
1/2-inch iron rod with a cap found bears N 870 14'31"E,a distance of 247.69 feet;
THENCE with said common line, S 87° 14'31" W, a distance of 167.22 feet to a 1/2-iron rod with a
plastic cap marked"SAM, INC"set for the northeast corner of the tract described herein and the POINT
OF BEGINNING;
THENCE leaving said common line and crossing through the interior of said 15.99 acre tract,
S 31°00' 17"E, a distance of 433.77 feet to a 1/2-iron rod with a plastic cap marked"SAM, INC" set on
the proposed north ROW line of U.S. Highway 79, from which a 5/8-inch iron rod found in said proposed
north ROW line bears N 63°37'45"E,a distance of 224.11 feet;
THENCE continuing to cross said called 15.99 acre tract with said proposed north ROW line,
S 63°37'45"W, a distance of 220.00 feet to a 1/2-iron rod with a plastic cap marked"SAM, INC"set for
the southwest corner of the tract described herein,from which a TxDOT Type II concrete monument found
in said proposed north ROW line bears,S 63°37'45"W,a distance of 28.15 feet;
THENCE leaving said proposed ROW line, and crossing through the interior of said 15.99 acre tract of
land,N 22°2 P 22" W, a distance of 499.15 feet to a 1/2-iron rod with a plastic cap marked"SAM,INC"
set in the common line of said called 168.9883 acre tract and said called 15.99 acre tract, same being the
north ROW line of said County Road 195,from which a 1/2-inch iron rod with a cap found in said common
line bears S 87° 14`31"W,a distance of 487.89 feet;
Pagel of 3
1.975 Acre(86051 sq.ft.)Right-of-Way
P.A.Holder Survey A-297 FN 2960(ALG)
Williamson County,Texas May 21,2003
SAM,Inc.Job No. 22015-20
THENCE with said common line,N 870 14'31"E,passing at a distance of 140.87 feet a 1/2-inch iron rod
with a cap found for the southwest comer of said proposed Lot 1,continuing for a total distance of 163.71
feet to the POINT OF BEGINNING and containing 1.975(86051 sq.ft.)acres of land,more or less.
Bearing Basis: Bearings are based on the Texas State Plane Coordinate System,NAD 83,Central Zone
and adjusted to surface using a surface adjustment factor of 1.000085.
STATE OF TEXAS
COUNTY OF WII-LIAMSON KNOW ALL MEN BY THESES PRESENTS:
That I,Michael R.Hatcher,a Registered Professional Land Surveyor,do hereby certify that the
above description is true and correct to the best of my knowledge and belief and that the property described
herein was determined by a survey made on the ground during April 2003 under my direction and
supervision.
WITNESS MY HAND AND SEAL at Austin,Travis County,Texas this the 21 n day of May 2003 A.D.
SURVEYING AND MAPPING,Inc.
5508 West Highway 290,Building B Mich 1 R.Hatcher
Austin,Texas 78735 Regi tered Professional Land Surveyor
No.4259-State of Texas
0
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10 0
Sure
Page 2 of 3
0 50 100
--I
PROPOSED
P.A.HOLDER YSURVEY A-297 \\ LOT 1, BLOCK 2
WILLIAMSON COUNTY, TEXAS \ LEGENDS VILLAGE I B.J. WILLIAMS
N SCALE 1"-80' \\ \\\ SECTION THREE CALLED 168.9883 ACRES
CALLED 2.50 ACRES DOC. NO. 199944311
\\ \\ I O.P.R.W.C.TX.
\ \ I
\\ N$7°14'31"E 163.71' S87.14'31"W 167.22' N87.14'31'E 247.69_0_
S87.14.31"W 487.89' —
-�—�— 140.8, .822.84' P.O.C.
P.O.B. —
IRF C.R.195
(VARYING WIDTH ROW)
(NO RECORDING INFORMATION FOUND)
s MARVIN CRESSMAN
CALLED 15.99 ACRES
$ VOL. 1755, PG. 329
O.R.W.C.TX.
Za <"
N° 1.975 ACRES 3r
(86051 sq. ft.)
N_
P.A. HOLDER SURVEY
A -2 9'7 IRF�i
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X63 A�.
3
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PROPOSED R.O.W.LINE
U.S.HIGHWAY 79 19
NOTES=
BEARINGS AND COORDINATES ARE BASED ON THETEXAS
CENTRAL TATE ZONEPANDEADJJUSTDEDATE SYSTEM,TO SURFACE NAD
D83,SING RHA LEGEND
A SURFACE ADJUSTMENT FACTOR OF 1.000085. ,�s�� O Y2-ICON ROD WITH A PLASTIC CAP SET
'Kw7.Y 0 CONCRETE MONUMENT SET
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ONTH O TXDOT TYPE ICONCRETE MONUMENT FOUND
GROTHIS UND PLATN SET RUE AND MY DIRECTION
CORRECTD TOT
HEIBEOST OF YAT ® adt `' '� A CALCULATED POINT
M
KNOWLEDGE AND BELIEF. • %z"IRON ROD FOUND W/ CAP UNLESS NOTED
t I RECORD INFORMATION
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCING
/p ION ROD FOUND
MIC AE HATCHER FF IRON PIPE FOUND
REGIST RED PROFESSIONAL LAND SURVEYOR D E Or•�W.C.T..OFFICIAL PUBLIC RECORDS WILLIAMSON
COUNTY,TEXAS
NO. 42 9, STATE OF TEXAS OA.W.C.T.. OFFICIAL RECORDS WILLIAMSON COUNTY,TEXAS
P.R.W.C.T.. PLAT RECORDS WILLIAMSON COUNTY,TEXAS
BItW.C.T.. DEED RECORDS WILLIAMSON COUNTY,TEXAS
® 55003 West Hijhway 290.Buld"g B
(512447-057,% RIGHT-OF-WAY PLAT PAGE 3 OF 3
SURVEYING•AEflIAL MAPPING•ENGINEERING Fax- (512)326-3O2g SHOWING PROPERTY OF REF. FIELD
MARVIN CRESSMAN NOTE NO. 2960
DATE: August 20, 2004
SUBJECT: City Council Meeting - August 26, 2004
ITEM: 13.C.2. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with Cressman Enterprises, L.P. for the purchase of
1.975 acres of right-of-way for the Arterial "A" Project.
Department: Legal Department
Staff Person: Steve Sheets, City Attorney
Justification:
Purchase of right-of-way from Marvin Cressman for the future expansion of Highway 79 in
Round Rock.
Funding: Transportation Capital Improvement Project
Cost: $675,500.00 (purchase price is equal to the City's appraised value)
Funding Source: N/A
Outside Resources: Sheets & Crossfield, P.C.
Background Information• N/A
Public Comment: N/A
Executed
Document
Follows
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between CRESSMAN
ENTERPRISES,L.P.,A TEXAS LIMITED PARTNERSHIP,(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(s) of land described as follows:
Fee simple interest in 1.975 acres located in the Prior A. Holder Survey No. 9, Abstract No. 297, in
Williamson County, Texas; being a portion of a called 15.99 acre tract of land as described in the
deed to Marvin Cressman as recorded in Volume 1755, Page 329 of the Official Records of
Williamson County,Texas,more fully described by metes and bounds in Exhibit"A",attached hereto
and incorporated herein; and
together with all and singular the rights and appurtenances pertaining to the property, including any
right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real
property,rights,and appurtenances being referred to in this Contract as the"Property"). This purchase
also includes any improvements and fixtures situated on and attached to the Property, 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 SIX HUNDRED SEVENTY
FIVE THOUSAND FIVE HUNDRED and no/100 Dollars ($675,500.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the closing.
"I
@PFDesktop\::ODMA/WORLDOX/O:/WDOX/CORA/TRANSPRT/ARTERIALA/CRESSMAN{REALEST/00067658.WPD/SIS
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 maybe waived
in whole or in part by Purchaser at or prior to the closing.)
Preliminary Title Commitment
3.02. Within twenty (20) days after the date hereof, Seller, at Purchaser's sole cost and
expense,shall have caused the 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 promptly
undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser,
or 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.
Survey
3.03. Within ten (10) days from the date hereof, Purchaser, at Purchaser's sole cost and
expense, shall cause to be delivered a current plat of 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 promptly undertake to eliminate or modify all the unacceptable portions
to the reasonable satisfaction of Purchaser. 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;
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and
restrictions relating to the Property, or any part thereof;
(3)The Property herein is being conveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the office of Austin Title, Round Rock office, on or before
October 1, 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 Special 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;
3
(b) Any exceptions approved by Purchaser pursuant to Article III hereof, and
(c) Any exceptions approved by Purchaser in writing.
(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 to be paid by Purchaser.
(2) Deed, tax certificates, and title curative matters, if any,paid by Purchaser.
4
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
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 its total damages and relief and as
Seller's sole remedy hereunder in such event.
5
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.
Texas Law to Applv
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.
6
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.
Com liance
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 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 Round Rock City
Council, which date is indicated beneath the Mayor's signature below.
Possession and Use Agreement
9.11 By signing this Contract,Seller agrees to allow Purchaser to use and possess the Property
for the purpose of constructing and/or improving a public road and related facilities, upon full
execution of this contract.
SELLER:
CRESSMAN ENTERPRISES, L.P., A TEXAS LIMITED PARTNERSHIP
By:
Its:
7
PURCHASER:
CITY OF ROUND ROCK
By:
yle axwell,
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
0 Date: — �
8
EXHIBIT
1.975 Acre(86051 sq.ft.)Rignt-of-Way t
P.A.Holder Survey A-297 FN 2960(ALG)
Williamson County,Texas May 21,2003
SAM,Inc.Job No. 22015-20
DESCRIPTION OF A 1.975 ACRE (86051 Sq. Ft.) TRACT OF LAND LOCATED IN THE P.A.
HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION
OF a called 15.99 ACRE TRACT OF LAND AS DESCRIBED IN THE DEED TO MARVIN
CRESSMAN AS RECORDED IN VOLUME 1755, PAGE 329 OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 1.975 ACRE(86051 Sq. Ft.)TRACT OF LAND AS SHOWN
ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2-inch iron rod with a cap found on the south line of a called 168.9883 acre tract
of land as described in the deed to B.J. Williams as recorded in Document No. 199944311 of the Official
Public Records of Williamson County,Texas,same being the southeast corner of a called 2.50 acre tract of
land dedicated as proposed Lot 1,Block 2,of Legends Village, Section Three,also being the north line of
County Road 195 (a varying width right-of-way (ROW), no recordinginformation found) from which a
1/2-inch iron rod with a cap found bears N 87° 14'31"E,a distance of 247.69 feet;
THENCE with said common line, S 87° 14'31" W, a distance of 167.22 feet to a 1/2-iron rod with a
plastic cap marked "SAM, INC"set for the northeast corner of the tract described herein and the POINT
OF BEGINNING;
THENCE leaving said common line and crossing through the interior of said 15.99 acre tract,
S 31°00' 17"E, a distance of 433.77 feet to a 1/2-iron rod with a plastic cap marked "SAM, INC" set on
the proposed north ROW line of U.S. Highway 79, from which a 5/8-inch iron rod found in said proposed
north ROW line bears N 63°37'45"E,a distance of 224.11 feet;
THENCE continuing to cross said called 15.99 acre tract with said proposed north ROW line,
S 630 37'45"W, a distance of 220.00 feet to a 1/2-iron rod with a plastic cap marked"SAM, INC"set for
the southwest comer of the tract described herein,from which a TxDOT Type II concrete monument found
in said proposed north ROW line bears,S 63°37'45"W,a distance of 28.15 feet;
THENCE leaving said proposed ROW line, and crossing through the interior of said 15.99 acre tract of
land,N 22°21' 22"W,a distance of 499.15 feet to a 1/2-iron rod with a plastic cap marked"SAM, INC"
set in the common line of said called 168.9883 acre tract and said called 15.99 acre tract, same being the
north ROW line of said County Road 195,from which a 1/2-inch iron rod with a cap found in said common
line bears S 87° 14`31"W,a distance of 487.89 feet;
Pagel of 3
1.975 Acre(86051 sq.ft.)Rignt-of-Way
P.A.Holder Survey A-297 FN 2960(ALG)
Williamson County,Texas May 21,2003
SAM,Inc.Job No. 22015-20
THENCE with said common line,N 87° 14'31"E,passing at a distance of 140.87 feet a 1/2-inch iron rod
with a cap found for the southwest comer of said proposed Lot 1, continuing for a total distance of 163.71
feet to the POINT OF BEGINNING and containing 1.975(86051 sq.ft.)acres of land,more or less.
Bearing Basis: Bearings are based on the Texas State Plane Coordinate System,NAD 83,Central Zone
and adjusted to surface using a surface adjustment factor of 1.000085.
STATE OF TEXAS
COUNTY OF WILLIAMSON KNOW ALL MEN BY THESES PRESENTS:
That I,Michael R.Hatcher,a Registered Professional Land Surveyor,do hereby certify that the
above description is true and correct to the best of my knowledge and belief and that the property described
herein was determined by a survey made on the ground during April 2003 under my direction and
supervision.
WITNESS MY HAND AND SEAL at Austin,Travis County,Texas this the 21"day of May 2003 A.D.
SURVEYING AND MAPPING,Inc.
5508 West Highway 290,Building B
Austin,Texas 78735 Mich 1 R.Hatcher
Regi tered Professional Land Surveyor
No.4259-State of Texas
0
,r
Page 2 of 3
0 50 100
PROPOSED
P.A. HOLDER YSURVEY A-297 \\ LOT 1, BLOCK 2
WILLIAMSON COUNTY, TEXAS \ LEGENDS VILLAGE I B.J. WILLIAMS
N SCALE 1"-80' \\ \\\ SECTION THREE CALLED 168.9883 ACRES
CALLED 2.50 ACRES DOC. NO. 199944311
\\\ \\\ I O.P.R.W.C.TX.
\\ N87°14'31"E 163.71' S87'14'31"• 167.22' _•_ N87'14'31"E 247.69' n _•_
• n —587.14'31"W 487.89_ _ 140.87' "• P.O.B. P.O.C. U
IRF U C.R. 195 22.84'
(VARYING WIDTH ROW)
(NO RECORDING INFORMATION FOUND)
s MARVIN CRESSMAN
�° CALLED 15.99 ACRES
0o VOL. 1755, PG. 329
O.R.W.C.TX.
1.975 ACRES
r; (86051 sq. ft.)
N.
P.A . HOLDER SURVEY
A -297 IRF•—
i2A,
a63 45
/
220�0
S6�
PROPOSED R.O.W.LINE
U.S.HIGHWAY 79 9
NOTES ��� 1� �► / /
BEARINGS AND COORDINATES ARE BASED ON THETEXAS ' ♦� �i i /
NAD 83
CEN RALTATE ZONEPANDEADJUSTED TO SURFACCORDINATE E USING,
t+4El.R LEGEND
A SURFACE ADJUSTMENT FACTOR OF 1.000085. 0 %z"IRON ROD WITH A PLASTIC CAP SET
rN► .,i @ CONCRETE MONUMENT SET
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON TH � O ,`+ O TXDOT TYPE ICONCRETE MONUMENT FOUND
GROUND UNDER MY DIRECTION AND SUPERVISION AND THAp CALCULATED POINT
THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE_AND BELIEF. • yZ'IRON ROD FOUND W/ CAP UNLESS NOTED
..^'' < I RECORD INFORMATION
P.O.e. PO4NT OF BEGINNING
-- P.O.C. POINT OF COMMENCING
Iw ION ROD FOUND
MIC AE HATCHER ff IRON PIPE FOUND
REGIST RED PROFESSIONALLAND SURVEYOR D E O.PR.W.C.T..OFFICIAL PUBLIC RECORDS WILLIAMSON
COUNTY,TEXAS
N0. 42 9, STATE OF TEXAS
OR.W.C.T.. OFFICIAL RECORDS WILLIAMSON COUNTY,TEXAS
PR.W.C.T.. PLAT RECORDS WILLIAMSON COUNTY,TEXAS
OR.W.C.T.. DEED RECORDS WILLIAMSON COUNTY,TEXAS
® 5508 Wes(Highway 290,BuikBng B
T- 78735
(512)aa�-0575
RIGHT-OF-WAY PLAT PAGE 3 of 3
(5,2)
SUBVEYING•AEfl1Al MAPPING•ENGINEEBING Fax' (512)326-,29 SHOWING PROPERTY OF REF. FIELD
MARVIN CRESSMAN NOTE NO. 2960