R-2015-2333 - 3/26/2015 RESOLUTION NO. R-2015-2333
WHEREAS, the City desires to purchase a tract of land described as Lot Eleven (11),Block A,
Cushing Park, located at 1709 Cushing Street, for the construction of future improvements to Gattis
School Road, and
WHEREAS, Steven S. Ploof and Dyana R. Ploof, the owners of the Property, have 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 Steven S. Ploof and Dyana R. Ploof, 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 Mach, 2015.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:- avm-:�� l
-, V 4 04—
SARA L. WHITE, City Clerk
0112.1504;00331175
EXHIBIT
"All
REAL ESTATE CONTRACT
1709 Cushing Park Drive
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between STEVEN S.
PLOOF and DYANA R. PLOOF, (referred to ill this Contract as "Seller", whether one or more)
and the CITY OF ROUND ROCK,TEXAS (referred to in this Contract as "Purcilascf"), 111)011 the
terms and conditions Set forth ill 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:
Lot Eleven (11), Block A, CUSHING PARK, a subdivision ill Williamson County,
Texas according to the map or plat of record In Cabinet C, Slide 197, Plat Records
of Williamson County, Texas;
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"), and
any improvements alld fixtures situated on and attached to Ilse Property, for the consideration and
upon and subject to the terms, provisions, and conditions set forth below.
ARTI CI.I�, II
PURCIiASE PRICE
Purchase Price
2.01. The Purchase Price for the Property shall be the stun of ONE HUNDRED THIRTY
THOUSAND and 00/100 Dollars ($130,000.00).
Paylnent of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
cxl328W8.D0C1dtc
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
:3.01. The obligations of PUrcllaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following condiliolls (ally of
which may be waived in whole or in part by Purchaser at or prior to the Closing).
Miscellaneous Conditions
3.02. 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 oras of the Closing.
ARTICLE IV
REPRESENTATIONS AND WARRAN'T'IES
OF SELLER
4.01. 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 arc no parties ill possession of ally portion of the Property as lessees, tenants
at sufferance, or trespassers,other than previously disclosed to Purchaser;
(2) Seller hats 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 Texas American Title Company on or
before Mauch 31" , 2015, 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 foe items as shown
on the Title Commitment or in the contract (which date is herein referred to as the "Closing
Date").
2
Seller's Obligations al Closing
5.02. At the Closing Seller shall:
(1) Deliver to City of Round Rock a duly exectiled and acknowledged Warranty Deed
conveying good and indefeasible title in fee simple to all of the Property described herein, free
and clear of arty and all liens 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 approvcd by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
The deed shall be in (lie form as shown in Exhibit "A" attached hereto.
(2) Deliver to Purchaser a 'Texas Owner's Title Policy at Purchaser's sole expense, issued
by Title Company, in Grantee's favor in the full amount of the purchase price, insuring Grantee's
fee simple title and/or casement interests to (lie 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", if applicable; 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 (lie Closing, Purchaser shall:
(a) Pay the cash portion of the Purchase Price.
3
Proratlons
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 sliall
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.
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 its follows:
(1) Owner's Title Policy and survey to be paid by Purchaser.
(2) Deed, tax certificates, and title curative platters, if any, paid by Purchaser.
(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 tail 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, if any, shall be forthwith returned by the title company to Purchaser.
ARTICLE.VII
BREACH BY PURCHASER
III 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, if any, from the title company, the sunt. being agreed on as liduidated 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. 1I'tlo Escrow
Deposit bas been made then Seller shall receive the ant.ount of$500 as liquidated damages for any
faiklre by Purchaser.
4
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered lie reun(ler shall be deemed receive([
when tient by United Stoles 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 Convact shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are perf'ornlable 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, MCllt01'S, administrators, legal representative%, successors and assigns where
permitted by this Contract.
Legal Construction
8.04. In case any one or more of the provisions contained ill this Contract shall for any
reason be field to be invalid, illegal, or unenforecable in any respect, this invalidity, illegality, or
unenforeeability shall not affect any Other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenl'orecable provision had never been contained herein.
Prior Agreements Su lerseded
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
subiect matter.
Time of Essence
8.06. Time is of the essence in this Contract.
5
Gender
8,07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in (tie singular number shall be held to include the plural, and vice versa,
unless (he context requires otherwise.
Memorandum of Contract
8.08. Upon request of either party, the parties shall promptly execute it 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 all attorticy of
Purchaser's own selection.
13ffective Date
8.10 This Contract sliall be effective as of the date it is approved by the City of Hound
Rock,Texas, which date is indicated beneath (lie Purchaser's signature below.
Counterparts
8.I 1 This Contract may be execilted in any number of counterparts, which may together
constitute the Contract. Signatures tratismitted by facsimile or electronic mail may be considered
effective as originals for proposes of this Contract.
Purchase of Future Right of Way
9.12 Purchaser acknowledges that it is an entity which possesses the power of
condemnation, and that portions of the Property have been identified ror proposed future Gattis
School Road widening right of way which is shown on the current City of Round Rock
Transportation Master Plan.
6
SELLER:
U (j,
Steven S. Plo f t
, �/� Address:nmctrs)aL�
Dy:
an t R. PIS of
7
PURCHASER:
CITY OF ROUND ROCK,TEXAS
By: Address: 221 luist Main St
Alan McGraw, Mayor Round Rack,Texas 78664
Date:
8