R-04-07-22-13E1 - 7/22/2004 RESOLUTION NO. R-04-07-22-13E1
WHEREAS, the City desires to purchase a 0 . 242 acre tract of land
for additional right-of-way for the Red Bud Lane (CR 122) Project, and
WHEREAS, Ronald Stockford, 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 Ronald Stockford, 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 22nd day of July, 2004 .
ALAN /)'1C 92At,J L, Mayor PRO-716M
City of Round Rock, Texas
ATT Tc:
CHRISTINE R. MARTINEZ, City Secretary/
@PmD sktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R40722E1.WPD/SC
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between RONALD
STOCKFORD, (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:
.242 acre of land situated in the John H. Randall Survey, Abstract No. 531, Williamson
County,Texas,being a portion of Lot 1,Block A,Jackrabbit Subdivision, a subdivision recorded in
Cabinet E, Slides 213-214 of the Plat Records of Williamson County,more fully described by metes
and bounds in Exhibit "A", attached hereto and incorporated herein.
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 TWO THOUSAND NINE
HUNDRED FIFTY FIVE and no/100 Dollars ($2,955.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the closing.
EXHIBIT
"All
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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. Within twenty (20) days after the date hereof, Seller, at Purchaser's sole cost and
expense, shall have caused the Austin Title Company("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, 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 within thirty(30) days after receipt of notice, 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. Purchaser's failure to give Seller this
notice shall not be deemed to be Purchaser's acceptance of the Title Commitment.
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 watercourses,
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
written 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 within ten
(10)days after receipt of written notice,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.Purchaser's failure to give Seller this written notice
shall not be deemed to be Purchaser's acceptance of the survey.
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
June 30, 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;
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 ofTexas 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
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 VII
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.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. 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 Apply
8.02. 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
8.03. 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.
5
Legal Construction
8.04. 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
8.05. 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
8.06. Time is of the essence in this Contract.
Gender
8.07. 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
8.08.Upon request of either party,both parties shall promptly execute a memorandum of this
Contract suitable for filing of record.
Compliance
8.09 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
8.10 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.
6
Possession and Use Agreement
8.11 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:
I;
i
H
Ronald Stock Date
PURCHASER:
CITY OF ROUND ROCK
By:
Nyle Maxwell, Mayor
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
7
Lot 1,Block A EXHIBIT
Jackrabbit Subdivision
0.242 Acre Tract D
Pagel of 3 a
DESCRIPTION
FOR A 0.242 ACRE (10,554 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE JOHN H. RANDALL SURVEY, ABSTRACT NO. 531, WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK A,
JACKRABBIT SUBDIVISION, A SUBDIVISION RECORDED IN
CABINET E, SLIDES 213 - 214 OF THE PLAT RECORDS OF SAID
COUNTY, SAID 0.242 ACRE TRACT AS SHOWN ON THE
ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a %2" iron rod found on a point of tangency on the south
line said Lot 1, same being the north right-of-way line of Jackrabbit Run (60 foot right-of-way
width);
O
THENCE with the south line of said Lot 1, same being the north right-of-way line of said
Go Jackrabbit Run, N 860 02' 26" W for a distance of 13.08 feet to a %2" iron rod set with Baker-
`-4 Aicklen cap for the southeast corner and POINT OF BEGINNING hereof;
00
THENCE with the south line of said Lot 1, same being the north right-of-way line of said
M
O Jackrabbit Run, N 860 02' 26" W pass a %2" iron rod found on the intersection of the north right-
of-way line of Jackrabbit Run and the east line of a 25 foot wide road widening easement per
said Jackrabbit Subdivision at a distance of 32.67 feet, continuing for a total distance of
37.91 feet to a calculated point for a point of curvature hereof, from which a %2" iron rod found
bears,N 860 02' 26" W for a distance of 0.37 feet;
THENCE with the curving intersection of the north right-of-way line of said Jackrabbit Run and
the east right-of-way line of County Road No. 122, also called Red Bud Lane (right-of-way
width varies), with the arc of a curve to the right, having a radius of 20.00 feet, an arc length of
31.17 feet, a central angle of 890 18' 33", and a chord which bears, N 410 23' 09" W for a
distance of 28.11 feet to a calculated point of tangency hereof,
Lot 1, Block A
Jackrabbit Subdivision
0.242 Acre Tract
Page 2 of 3
THENCE with the west line of said Lot 1, same being the east right-of-way line of said County
Road No. 122, N 030 16' 07" E for a distance of 215.13 feet to a calculated point for the
northwest corner of said Lot 1, for the northwest corner hereof,
THENCE with north line of said Lot 1, same being the east right-of-way line of said County
Road No. 122, S 850 45' 52" E pass a %2" iron rod found on the intersection of the east right-of-
way line of said County Road No. 122 and the east line of said 25 foot wide road widening
easement at a distance of 25.00 feet, continuing for a total distance of 47.00 feet to a %2" iron rod
set with Baker-Aicklen cap for the northeast corner hereof, from which a %2" iron rod found for
the southwest corner of a called 7.044 acre tract of land as described in that deed to Kellmax
Ventures, Ltd. and recorded in Document No. 2001083649 of the Official Records of said county
bears, S 85°45' 52"E for a distance of 8.58 feet;
O
e-� THENCE through the interior of said Lot 1, the following two (2) courses and distances:
00
e—t 1) S 04° 19' 32" W for a distance of 219.65 feet to a %2" iron rod set with Baker-Aicklen cap
00 for an angle point hereof, and
O
C 2) S 40° 51' 27" E for a distance of 21.15 feet to the POINT OF BEGINNING and
containing 0.242 acre of land.
Basis of bearings is the County Road 122 Project between U. S. Highway No. 79 and Forest
Creek Drive, performed by Baker-Aicklen,April, 2000.
Surveyed under the direct supervision of the undersigned during February, 2003:
OP
Margaret A. Nolen
Registered Professional Land Surveyor No. 5589 MARGARETA.NOLEN
BAKER-AICKLEN&ASSOCIATES INC. r9 5589 �.
203 E. Main Street, Suite 201 4•�, «s,:�� {�
Round Rock, Texas 78664 Sva
(512)244-9620
Job No.: 0601-2-058-51
Filename: W:\PROJECTS\CORR\CRI22-REDBUD\ROW\MBTARCEL09.DOC
SKETCH TO ACCOMPANY DESCRIPTION
I
I KELLMAX VENTURES, LTD.
CALLED 7.044 ACRES
S 85 88°46'30"E) DOC. NO. 2001063649 LEGEND
°45'52"E 55.58' • 1/2"IRON ROD FOUND
SCALE: 1" = 40' .
L5 — — — — O 1/2"IRON ROD FOUND
MLLIAMSON COUNTY, 1..•••.. — _ WITH CAP (AS NOTED)
TEXAS ...•.'.'.•.''•'•••••... O PIPE FOUND (SIZE NOTED)
A MAG NAIL FOUND
••••••.•• O 1/2"IRON ROD SET WITH
•.•:•.•:• PARCEL 9 BAKER-AICKLEN CAP
... _..•-•'•••' 0.242 ACRE (� RECOALCULATED POINT
RD INFORMATION PER
r j ... .. (10,554 SQ. FT.) ca e. E. sl. 213 - 214
C q w NUMBER BEARING DISTANCE
L! N 86002'26" W 13.08'
qM� •:•'•"� •:•: L2 N 86°0226" W 37.9/'
"��'; . L3 S 85°45'52"E
A � 47.00
h c.:.:. L4 S 40°51'27"E 21.15'
L5 S 85°45'52'E 8.58'
�'-"I ,' o :_ ti'•'•'•'I N NUMBER RADIUS ARC DELTA CH. BRG.
�. 02 W'.'.' F ,, !o Cl 20.00 3Ll o CHORD
00 U O 2. :..• �...'.'.:......'. m 7 89 18'33" N 41°23 09" W 28.11
~ U O a Q.•,•.•, •:•:•:- 0 RONALD STOCKFORD BASIS OF BEARINGS IS THE COUNTY
co tv h LOT 1, BLOCK "A
CALLED 1.62 AC. ROAD 122 PROJECT BETWEEN U. S.
•• c�•••• •••••
�- DOC. NO. 9643410 HIGHWAY NO. 79 AND FOREST CREEK
.•.•
4j*
:.:.:..:...•.'.'.• DRIVE, PERFORMED BY
o•••.•I• BAKER-AICKLEN, APRIL, 2000.
o'.•.'.•F.'.'.•''' J 0J—J Ill F'.A J\J h�,��L L. U 11'1/E
Q..
':•: '•.-'..•
POINT of JACKRABBIT
BEGINNING SUBDIVISION
BEGINNING FOR
CAB. E, SL. 213 - 214
••,•••.••
• ,,,•.
...... .,. . REFERENCE
...'.' i
.•L2•'•'•�sr �
N 86002'26• W 50.99' ROBERT C. AND
(N 88°57' W 5116') MARJORIE L. BAUMBACH
.::.::::•.•:::•.•::,•:::�:•::�:•::�:•::�.. LOT 1. BLOCK "B"
LE" JACIMABBIT RUN CALLED 1.35 AC.
NOT TO SCALE 60' DOC. N0. 9609668
•------_•�•'.. ... ( R.O.W. WIDTH)
N 66002'26" W CAB. E, SL. 213 — 214
0.37'
f BURNELL E. MCQUEEN, ET AL. — — — — _
CALLED 6.25 ACRES
DOC. NO. 9926654
I DATE: FEBRUARY, 2003
JOB NO.: 0601-2-058-5I 71 BAKER-AICKLEN
BY: TJR L &ASSOCIATE%INC.
PAGE 3 OF 3 ENGINEERS/SURVEYORS
W:\PROJECTS\CORR\CR122-RED BUD\ROW\SKETCH\PARCEL 09.DWG(3 OF 31 May Ol.2003-2:19pm
DATE: July 16, 2004
SUBJECT: City Council Meeting - July 22, 2004
ITEM: *13.E.1. Consider a resolution authorizing the Mayor to execute a Real Estate
Contract with Ronald Stockford for the purchase of right-of-way for
the Red Bud Lane (CR 122) Project.
Department: Legal
Staff Person: Steve Sheets, City Attorney
Justification: Purchase right-of-way from Ronald Stockford for the widening and
improvement of Red Bud Lane (CR 122).
Funding:
Cost: $2,955.00
Source of funds: Round Rock Transportation System Development Corporation (4B)
Outside Resources: Sheets & Crossfield, P.C.
Background Information• Increased mobility to the Southeast quadrant of the City.
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 RONALD
STOCKFORD, (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:
.242 acre of land situated in the John H. Randall Survey, Abstract No. 531, Williamson
County, Texas,being a portion of Lot 1, Block A,Jackrabbit Subdivision, a subdivision recorded in
Cabinet E, Slides 213-214 of the Plat Records of Williamson County,more fully described by metes
and bounds in Exhibit "A", attached hereto and incorporated herein.
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 TWO THOUSAND NINE
HUNDRED FIFTY FIVE and no/100 Dollars($2,955.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the closing.
@PFDesktop\::ODMA/WORLDOXiO:/WDOX/CORR/TRANSPRT/REDBUDLANE/PARCEL/REALEST/00068125.WPD/sls
A?-CIQ-t)7--)a-/3 :/
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("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, 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 within thirty(30) days after receipt of notice, 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. Purchaser's failure to give Seller this
notice shall not be deemed to be Purchaser's acceptance of the Title Commitment.
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
written 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 within ten
(10)days after receipt of written notice,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.Purchaser's failure to give Seller this written notice
shall not be deemed to be Purchaser's acceptance of the survey.
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
June 30, 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;
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 ofTexas 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
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 VII
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.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. 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 Apply
8.02. 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
8.03. 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.
5
Legal Construction
8.04. 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
8.05. 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
8.06. Time is of the essence in this Contract.
Gender
8.07. 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
8.08.Upon request of either party,both parties shall promptly execute a memorandum of this
Contract suitable for filing of record.
Compliance
8.09 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
8.10 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.
6
Possession and Use Agreement
8.11 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: _.7
rr
40
Ronald Stock fgpd Dates
PURCHASER:
CITY OF ROUND ROCK
By:
-144.r a*well Mayor 10k0-7c:f n hqill 67et c& r
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
7
Lot 1,Block A EXHIBIT
Jackrabbit Subdivision
0.242 Acre Tract a
Page 1 of 3 9
DESCRIPTION
FOR A 0.242 ACRE (10,554 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE JOHN H. RANDALL SURVEY, ABSTRACT NO. 531, WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK A,
JACKRABBIT SUBDIVISION, A SUBDIVISION RECORDED IN
CABINET E, SLIDES 213 - 214 OF THE PLAT RECORDS OF SAID
COUNTY, SAID 0.242 ACRE TRACT AS SHOWN ON THE
ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a %2" iron rod found on a point of tangency on the south
line said Lot 1, same being the north right-of-way line of Jackrabbit Run (60 foot right-of-way
width);
O
4 THENCE with the south line of said Lot 1, same being the north right-of-way line of
said
O Jackrabbit Run, N 860 02' 26" W for a distance of 13.08 feet to a %" iron rod set with Baker--
`-4 Aicklen cap for the southeast corner and POINT OF BEGINNING hereof;
O
THENCE with the south line of said Lot 1, same being the north right-of-way line of said
O Jackrabbit Run, N 86° 02' 26" W pass a %" iron rod found on the intersection of the north right-
of-way line of Jackrabbit Run and the east line of a 25 foot wide road widening easement per
said Jackrabbit Subdivision at a distance of 32.67 feet, continuing for a total distance of
37.91 feet to a calculated point for a point of curvature hereof, from which a %2" iron rod found
bears, N 86° 02' 26" W for a distance of 0.37 feet;
THENCE with the curving intersection of the north right-of-way line of said Jackrabbit Run and
the east right-of-way line of County Road No. 122, also called Red Bud Lane (right-of-way
width varies), with the arc of a curve to the right, having a radius of 20.00 feet, an are length of
31.17 feet, a central angle of 89° 18' 33", and a chord which bears, N 41° 23' 09" W for a
distance of 28.11 feet to a calculated point of tangency hereof,
Lot 1,Block A
Jackrabbit Subdivision
0.242 Acre Tract
Page 2 of 3
THENCE with the west line of said Lot 1, same being the east right-of-way line of said County
Road No. 122, N 03° 16' 07" E for a distance of 215.13 feet to a calculated point for the
northwest corner of said Lot 1, for the northwest corner hereof,
THENCE with north line of said Lot 1, same being the east right-of-way line of said County
Road No. 122, S 85° 45' 52" E pass a %2" iron rod found on the intersection of the east right-of-
way line of said County Road No. 122 and the east line of said 25 foot wide road widening
easement at a distance of 25.00 feet, continuing for a total distance of 47.00 feet to a %2" iron rod
set with Baker-Aicklen cap for the northeast corner hereof, from which a %2" iron rod found for
the southwest corner of a called 7.044 acre tract of land as described in that deed to Kellmax
Ventures, Ltd. and recorded in Document No. 2001083649 of the Official Records of said county
bears, S 85°45' 52"E for a distance of 8.58 feet;
O
�..{ THENCE through the interior of said Lot 1, the following two (2) courses and distances:
00
• 4 1) S 04° 19' 32" W for a distance of 219.65 feet to a %2" iron rod set with Baker-Aicklen cap
00 for an angle point hereof, and
O
2) S 40° 51' 27" E for a distance of 21
containing 0.242 acre of land. .15 feet to the POINT OF BEGINNING and
Basis of bearings is the County Road 122 Project between U. S. Highway No. 79 and Forest
Creek Drive,performed by Baker-Aicklen, April, 2000.
Surveyed under the direct supervision of the undersigned during February, 2003:
OF
Margaret A. Nolen '
Registered Professional Land Surveyor No. 5589 MARGARETA.NOLEN
BAKER-AICKLEN &ASSOCIATES, INC. a 55 s �•
203 E. Main Street, Suite 201 �A' .�vO
Round Rock, Texas 78664 S u R
(512)244-9620
Job No.: 0601-2-058-51
Filename: W:\PROJECTS\CORR\CRI22-REDBUD\ROWVqB\PARCEL09.DOC
SKETCH TO ACCOMPANY DESCRIPTION
1
I KELLMAX VENTURES, LTD.
(S 88°46, "E) CALLED 7.044 ACRES LEGEND
S 85 30 DOC. NO. 2001083649
°45'52"E 55.58' • 1/2"IRON ROD FOUND
SCALE: 1" = 40' ; L5 — — _ _ _ _ 1/2"IRON ROD FOUND
WILLIAMSON COUNTY, i'.'.'.',''' — WITH CAP (AS NOTED)
TEXAS O WITH
FOUND (SIZE NOTED)
A MAG NAIL FOUND
..•.�.•.•:•:•:•;.:.'. O 1/2"IRON ROD SET WITH
PARCEL 9 BAKER-AICKLEN CAP
0 CALCULATED POINT
:•••••• 0.242 ACRE ( ) RECORD INFORMATION PER
rrj ::'''''' '''' (10,554 SQ. FT.) cae. E, SL. 213 - 214
','.' '? NUMBER BEARING DISTANCE
LI N86°02'26' W
13.08'
..........
L2 N 86°02'26" W 37.91'
a M .'.' L3 S 85°4552"E 47.00'
A N v\i
m.''' '''' b L4 S 40°5!'27"E 21.15'
N
E-4 ^ :..[[........ N L5I S 85°45'52"E 8.58'
I NUMBER RADIUS ARC DELTA
'�o '.'.'.'2.'.'........... N CH. BRG. CHORD
00 lb u O o 2 -aMi CI 20.00 3L17 89°!833 N 41°23'09"
RONALD STOCKFORDV
„ BASIS OF BEARINGS IS THE COUNTY
W o LOT 1, BLOCK A
o CALLED 1.62 AC. ROAD 122 PROJECT BETWEEN U. S.
? •'•'• DOC. NO. 9643410 HIGHWAY NO. 79 ANO FOREST CREEK
:•:.'W.:.:.:..:...'.'.'•' DRIVE, PERFORMED BY
o. .....'.'.'.'.'• BAKER-AICKLEN, APRIL, 2000.
Q:......'::::;... JC�t-lJ�J J J. _ F��P-J��LL � UF�1/EY
N .. ....
.:.::$..:.;.:.:.
POINT OF JACKRABBIT SUBDIVISION
BEGINNING
........�......
CAB. E, SL. 213 - 214
BEGINNING FOR
�•'•'•'•'•'' REFERENCE
�.... L2.. <p
N 86002'26« W.50.99' ROBERT C. AND
(N 88°57' W 5I16') MARJORIE L. BAUMBACH
..,. .•t.....•••5'.•.'..' 1..DETAIL,.. JACKRABBIT LOT 1, BLOCK "B"
JAC RUN CALLED 1.35 AC.
•.....NOT TO SCALE (60' R.O.W. WIDTH) Doc. No. 9609668
Nes°o2'2s" w CAB. E, SL. 213 — 214
0.3 7'
•..................................... '
I BURNELL E. MCQUEEN, ET AL.
CALLED 6.25 ACRES
DOC. NO. 9926654
DATE: FEBRUARY, 2003
JOB NO.: 0601-2-058-51 �KER'AICKLEN
BY: TJR � &ASSOCIATES,INC.
PAGE 3 OF 3 ENGINEERS/SURVEYORS
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