CM-2014-541 - 9/29/2014City of Round Rock
TOU SD ROCK Agenda Item Summary
Agenda Number:
Title: Consider execution of a real estate purchase contract with WC Cypress
Blvd., LP for the acquisition of a 0.019 acre tract of land necessary for the
construction of proposed improvements to Cypress Boulevard/Cypress
Cove, and take other appropriate action.
Type: City Manager Item
Governing Body:
City Manager Approval
Agenda Date:
9/26/2014
Dept Director:
Steve Sheets
Cost:
$10.00
Indexes:
Attachments:
00311890.PDF, 00311991.PDF
Department:
Legal Department
Text of Legislative File CM -2014-541
Consider execution of a real estate purchase contract with WC Cypress Blvd., LP for
the acquisition of a 0.019 acre tract of land necessary for the construction of proposed
improvements to Cypress Boulevard/Cypress Cove, and take other appropriate action.
The appraised value for the acquisition was $16,137. The landowners voluntarily
offered to sell the property for a nominal compensation of $10, which was made the
purchase price in the contract, plus reimbursement of certain expenses not to exceed
the appraised land value. The City will also complete certain reconstruction items on
the remainder property of the owners as part of the project.
Staff recommends approval.
ci,.M. na Rot'k V'.1 Pfirt don"=014
LEGAL DEPARTMENT APPROVAL FOR CITY COLINCIUCITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Legal Project Name: Cypress Blvd Cypress Cove Right of Way
Project Mgr/Resource: Don Childs ContractorNendor: WC Cypress Blvd., LP
❑ Council Action:
ORDINANCE RESOLUTION
Fxxl City Manager Approval
CMA Wording
Consider execution of a real estate purchase contract with WC Cypress Blvd, LP for the acquisition of a 0.019 acre tract of land
necessary for the construction of proposed improvements to Cypress BoulevardlCypress Cove, and take other appropriate
action.
Attorney Approval
®Attorney `Jcm, l.�r'>ti1�`— Date llz314
Notes/Comments
The appraised value for the acquisition was $16,137. The landowners voluntarily offered to sell the property for a nominal compensation
of $10, which was made the purchase price in the contract, plus reimbursement of certain expenses not to exceed the appraised land
value. The City will also complete certain reconstruction items on the remainder property of the owners as part of the project.
C:\Users\dchilds\Documents\00311991.XLS Updated 6/3/08
REAL ESTATE CONTRACT
Cypress Blvd./Cypress Cove Right of Way
State of Texas
County of Williamson
TRIS REAL ESTATE CONTRACT ("Contract") is made by and between WC CYPRESS
BLVD, LP, a Texas limited partnership (referred to in this Contract as "Seller") and the CITY OF
ROUND ROCK, TEXAS (referred to in this Contract as "Punchaser"), upon the terms and
conditions set forth in this Contract.
ARTICLE
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:
All of that certain 0.019 acre tract of land, more or less, out of and situated in the
David Curry Survey, Abstract No. 130 in Williamson County; being more fully
described in Exhibit "A", attached hereto and incorporated herein;
together with all and singular the rights and appurtenances pertaining to the property (but not the
remaining property of Seller), 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 and fixtures situated on and attached
to the Property described in Exhibit "A", for the consideration and upon and subject to the terms,
provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the Property described in Exhibit "A", the acquisition of any
improvements on the Property, and compensation for any damage to the remaining property of
Seller, shall be the sum of TEN and 00/100 Dollars ($10.00).
00311576.DOC
('f X-ZoH-51+1
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
Additional Terms and Consideration
2.03. As an obligation which shall survive the Closing of this transaction, Purchaser
agrees to construct a thirty six (36) foot wide asphalt driveway connection with twenty two and
one half (22.5) foot radii ("the Replacement Driveway") between the proposed Cypress
Boulevard/Cypress Cove roadway facility and the remaining property of Seller as part of the
Purchaser's construction project. Seller acknowledges that it shall not be able to access or use the
existing joint use driveway to Cypress Boulevard in the location shown on Exhibit `B" attached
hereto (tire "Existing Driveway") at any time during the construction of the proposed Cypress
Boulevard realignment and access road construction project, which project duration is expected to
last approximately ninety (90) days.
All construction of the proposed Cypress Blvd. realignment, proposed access road,
Replacement Driveway, and Existing Driveway removal and reconfiguration shall be specifically
in the location, within the limits of construction, and constructed in substantial compliance with
any notes, specifications, instructions or requirements as shown on the plan sheets contained in
Exhibit "C" attached hereto and incorporated herein.
By execution of this Contract Seller agrees to allow Purchaser, its assigns, contractors, or
agents, to temporarily access the remaining property of Seller for the sole purpose constructing the
Replacement Driveway facility, removing the Existing Driveway facility, constructing new
curbing along the Existing Driveway connection area, reseeding any disturbed areas of the
Seller's remaining property, and other related tasks as described herein or as shown in additional
detail in the Exhibit "C" plan attachments. The temporary right to enter the remainder property of
Seller shall automatically terminate upon completion of the tasks as set out herein unless further
agreed with Seller in writing.
Purchaser shall cause World Class Capital Group, LLC, World Class Real Estate LLC,
WC Cypress Blvd, LP, WC Cypress Blvd GP, LLC, and the members, partners, affiliates,
shareholders, employees, representatives, directors, officers, successors and assigns of each of the
foregoing (collectively, the "Additional Insureds") to be added as an additional insureds under its
contractor's insurance program ("CIP"), including all general liability policies, and shall at least
ten (10) days prior to the proposed date of commencement of any construction cause a certificate
of insurance to be issued reflecting that the Additional Insureds have been named as an additional
insured under the CIP, and shall assure that there is no exclusion in the CIP for claims of property
damage by one insured against another under the CIP. The coverages and limits shall be in
amounts equal or greater to any minimum requirements stated in the City of Round Rock's
standard General Conditions requirements for Construction Contracts, and shall be maintained at
all times during construction and for a period of at least one year following the completion of
construction.
Notwithstanding anything in this Contract to the contrary, Article VII of this Agreement
shall not apply to any breach by Purchaser of this Section 2.03. The obligations set forth in this
Section 2.03 shall survive 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).
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 or as of the Closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
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 actual knowledge:
(a) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than previously disclosed to Puchaser;
(b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof;
4.02. The Pronerty 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 'Texas American Title Company on or
before [October 15, 2014], or at such time, date, and place as Seller and Purchaser may agree
upon (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 the City of Round Rock, Texas a duly executed and acknowledged Special
Warranty Deed conveying all of Seller's interest in all of the Property described in Exhibit "A",
free and clear of 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 approved by Purchaser in writing.
The deed shall be in the form as shown in Exhibit "D" attached hereto.
(2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued
by Title Company, in Purchaser's favor in the full amount of the Purchaser's appraised value of
the Property, insuring Purchaser's fee simple interest in and 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", 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 the Closing, Purchaser shall:
(a) 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 cute for the immediately 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 home and paid by Purchaser, and shall include, without limitation, the
following:
(1) Owner's Title Policy and survey;
(2) Deed, tax certificates, and title curative matters;
(3) All other Closing costs; and
(4) Attorney's fees incurred by Seller and/or its lender in connection with the Closing,
including, without limitation, the negotiation and execution of any consent, partial release
of lien or other related documentation, in an amount not to exceed $5,000.00, which shall
be reimbursed by Purchaser within 30 days after receipt of supporting invoices
documenting such expenses.
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 enforce specific performance of this Contract.
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
amount of $500 plus reimbursement for any and all costs incurred by Seller and/or its lender in
anticipation of the Closing, subject to the limitations set forth in Section 5.05(4) above, if
applicable, such 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. "The liquidated damages provided hereunder
shall be due and payable within fifteen (15) days of Seller's written request therefor.
Notwithstanding anything in this Contract to the contrary, this Article VII shall not apply
to any breach by Purchaser of Section 2.03 above.
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.
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 patties 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, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Comnliance
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 or city manager, which date is indicated beneath the Mayor's or City Manager's signature
below.
Counterparts
8.11 This Contract may be executed in any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered
effective as originals for purposes of this Contract.
SELLER:
WC CYPRESS BLVD, LP,
a Texas limited partnership
BY: WC Cypress Blvd GP, LLC,
its General P ner
By:
Name: Nati
Its: Manager
Dater
PURCHASER:
CITY OF ROUND ROCK, TEXAS
i
.i
Address: 401 Congress Ave., 33rd FI.
Austin, Texas 78701
Address: 221 East Main St.
Round Rock, Texas 78664
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SPECIAL WARRANTY DEED
Cypress Blvd. Right of Way
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property
rights deemed necessary or convenient for the construction, expansion, enlargement, extension,
improvement, or operation of a portion of the proposed Cypress Blvd. improvement project ("Project");
and,
WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or
convenient for the construction, expansion, enlargement, extension, improvement, or operation of the
Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, WC Cypress Blvd, LP, a Texas Limited Partnership, hereinafter referred to as Grantor,
whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration to Grantor in hand paid by the City of Round Rock, Texas, receipt and
sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed m
implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of
Round Rock, Texas all that certain tract or parcel of land lying and being situated in the County of
Williamson, State of Texas, the same not being the homestead of Grantor, being more particularly
described as follows:
All of that certain 0.019 of one acre (817 square feet) of land situated in the David Curry
Survey, Abstract No. 130, in Williamson County, Texas, Being a portion of that called
7.58 Acre, Lot 2, Oakmont Centre, Section One, a Subdivision Recorded in Cabinet F,
Slide 129-133 of the Plat Records of Williamson County Texas; said 0.019 acre of land
being more fully described by metes and bounds in Exhibit "A", attached hereto and
incorporated herein.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements and rights-of-way of record; all presently recorded restrictions, reservations,
covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other
than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences
situated on a common boundary; and any encroachments or overlapping of improvements.
00304063. DOC
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas
and its assigns forever; and Grantor does hereby bind ourselves, our heirs, executors, administrators,
successors and assigns to Warrant and Forever Defend all and singular the said premises herein
conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under Grantor, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of ,
2014.
WC Cypress Blvd, LP
By: WC Cypress Blvd GP, LLC,
its General Partner
By:
Name: Natin Paul
Title: Manager
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this the _day of
2014, by Natin Paul, in the capacity and for the purposes and consideration therein expressed.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S ADDRESS:
City of Round Rock
221 East Main
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C,
309 East Main
Round Rock, Texas 78664