R-08-10-23-12B1 - 10/23/2008RESOLUTION NO. R -08-10-23-12B 1
WHEREAS, the City desires to purchase a 0.205 acre tract of
land for additional right-of-way for the North Mays Expansion
Project,
WHEREAS, PAG West, LLC., 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 PAG West, LLC., 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 23rd day of October, 2008.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
52(A4tit.
SARA L. WHITE, City Secretary
0:\WDOX\RESOLUTI\R81023B1.DOC/rmc
N. Mays—parcel 1
REAL ESTATE CONTRACT
North Mays Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between PAG WEST,
LLC., (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 ("Property"):
All of that certain 0.205 acre tract of land, more or less, situated in the David
Curry Survey, Abstract No. 130, in Williamson County, Texas; being more fully
described by metes and bounds or shown in Exhibit "A", attached hereto and
incorporated herein (Parcel 1).
This purchase also includes any improvements and fixtures situated on and attached to the
Property which are not removed by Seller, for the consideration and upon and subject to the terms,
provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE AND ADDITIONAL COMPENSATION
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of SEVENTY TWO
THOUSAND TWO HUNDRED SIXTY and 00/100 Dollars ($72,260.00).
Payment of Purchase Price
2.02. The Purchase Price and Additional Compensation shall be payable in cash at the
closing.
0:\wDOX\CORK\gnENMAYSTARCELBCONTRAC1100145813.
EXHIBIT
ttAIt
Special Provisions
2.03. Purchaser is buying the Property to be used for the construction of roadway and
related improvements. At the current time Purchaser intends to construct the roadway as soon as
possible after completion of all right of way acquisition, relocation of utilities, and other
preliminary engineering tasks.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the closing.):
Preliminary Title Commitment
3.02. Purchaser, at Purchaser's sole cost and expense, has caused the Texas American
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, after
notice of such unsatisfactory condition Seller shall provide Purchaser with any assistance
reasonably requested as necessary to eliminate or modify such matters.
Survey
3.03. Purchaser, at Purchaser's expense, has caused to be delivered a current plat of survey
of the Property, prepared by a duly licensed Texas land surveyor.
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:
2
(1) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than as previously disclosed;
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and
restrictions relating to the Property, or any part thereof;
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 Title Company on or before October 20, 2008, 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 to all of the Property as shown in Exhibit "A", free and clear
of any and all liens and encumbrances, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b)
(c)
Any exceptions approved by Purchaser pursuant to Article III hereof; and
Any exceptions approved by Purchaser in writing.
(2) If requested, 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
purchase price, insuring Purchaser's drainage easement interest 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
3
(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 if not previously done.
(4) Seller shall not be obligated to remove any title exceptions not approved by the
Purchaser prior to closing. However, Seller agrees to provide reasonable
assistance, at no cost to Seller, to Purchaser if necessary to attempt to remove any
such exceptions.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price.
Prorations
5.04. If required, 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 nextpreceding 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.
(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 herein. At the closing, the Escrow Deposit shall be
4
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.
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 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
5
9.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
9.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed
as if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior,Agreements Superseded
9.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
9.06. Time is of the essence in this Contract.
Gender
9.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
9.08. Upon request of either party, both parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Possession and Use Agreement
6
9.10 Seller agrees to allow Purchaser to use and possess the Property for the purpose of
relocating utilities and constructing or improving a public road and related facilities, upon full
execution of this contract. Purchaser agrees to execute a separate Possession and Use Agreement
document suitable for recording if requested by Purchaser.
Effective Date
9.11 This Contract shall be effective as of the date it is approved by the City of Round
Rock, which date is indicated beneath the City's signature below.
SELLER:
PAG WEST, LLC.
By: 1,L/C/C._
Its:
Date: 1 ?--1 0g
PURCHASER:
CITY OF ROUND ROCK
By:
Alan McGraw
Mayor
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
7
Address:
PROJECT:
PARCEL:
COUNTY:
OWNER:
NORTH MAYS STREET
1
WILLIAMSON
CITY OF ROUND ROCK
EXHIBITA
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.205 ACRE (8,921 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY,
ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING
A PORTION OF LOT 1B, BLOCK "B", AN AMENDING PLAT OF
LOT 1A AND LOT 1B, BLOCK "B", CRYSTAL PARK,
ACCORDING TO THE PLAT THEREOF RECORDED IN
CABINET T, SLIDES 82-83 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF
THAT SAME TRACT OF LAND CONVEYED TO LANCE JAY
LUCHNICK, TRUSTEE, SOCRATES ARAMBURU, M.D.,
TRUSTEE, AND WILLIAM H. AVERY, TRUSTEE, BY
INSTRUMENT RECORDED IN VOLUME 1614, PAGE 814 OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS,
SAID 0.205 ACRE (8,921 SQUARE FOOT) TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
Page 1 of 5
BEGINNING FOR REFERENCE at a found 1/2" iron rod at an angle point in the northeasterly
boundary line of said Lot 1B, same being the southwesterly boundary line of Lot 1, Block "A",
Replat of Lot 2, Block "B", Crystal Park according to the plat thereof recorded in Cabinet 0,
Slides 48-49 of the Plat Records of Williamson County, Texas, 380.18 feet right of proposed
North Mays Street baseline station 108+13.07;
THENCE, with the common boundary line of said Lot 1B and said Lot 1, the following two
courses:
S 23°05'23" E for a distance of 309.65 feet to a calculated point, 153.80 feet
right of proposed North Mays Street baseline station. 110+24.35, being an angle
point in said common boundary line;
S 66°47'51" E for a distance of 85.70 feet to a set 1/2" iron rod with aluminum
cap stamped C.O.R.R. in the proposed westerly right-of-way line of North Mays
Street, 68.11 feet right of proposed North Mays Street baseline station
110+23.32, being the northwesterly comer and POINT OF BEGINNING of the
herein described tract;
PROJECT: NORTH MAYS STREET
PARCEL: 1
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 2 of 5
1) THENCE, departing said proposed westerly right-of-way line of North Mays
Street, continuing with said common boundary line, S 66°47'51" E for a distance
of 25.35 feet to a calculated point in the existing westerly right-of-way line of
Greenhill Drive (60 foot right-of-way width), as dedicated by the plat of Crystal
Park subdivision, recorded in Cabinet I, Slides 146-149 of the Plat Records of
Williamson County, Texas, being the most easterly comer of said Lot 1B and the
most southerly corner of said Lot 1, and being the northeasterly comer of the
herein described tract, from which a found 1/2" iron rod bears S 72°30'07" E, a
distance of 0.21 feet;
THENCE, departing said common boundary line, with in part, the easterly boundary line of said
Lot 1 B, same being said existing westerly right-of-way line of Greenhill Drive, and in part, the
southerly boundary line of said Lot 1 B, same being the existing northerly right-of-way line of Old
Settlers Boulevard (120 foot right-of-way width), as dedicated by said plat of Crystal Park
subdivision, the following three (3) courses:
2) S 23°19'08" W for a distance of 253.38 feet to a calculated point at the beginning
of a curve to the right, being the most easterly southeast comer of said Lot 1 B,
and being the most easterly southeast comer of the herein described tract, from
which a found 1/2" iron rod bears S 82°32'28" E, a distance of 0.15 feet;
3) Along said curve to the right, having a delta angle of 90°18'43", a radius of 25.00
feet, an arc length of 39.41 feet, and a chord which bears S 68°10'08" W for a
distance of 35.45 feet to a found 1/2" iron rod, being the most southerly
southeast comer of said Lot 1 B, and being the most southerly southeast comer
of the herein described tract;
4) N 66°39'13" W for a distance of 60.05 feet to a set 1/2" iron rod with aluminum
cap stamped C.O.R.R. in the proposed westerly right-of-way line of North Mays
Street, 125.05 feet right of proposed North Mays Street baseline station
113+02.33, being the southwesterly comer of the herein described tract, from
which a found 1/2" iron rod in said existing northerly right-of-way line of Old
Settlers Boulevard, being an exterior ell corner in the southerly boundary line of
said Lot 1B and the most southerly comer of Lot 1 C, Block "B', of said An
Amending Plat of Lot 1A and Lot 1B, Block "B", Crystal Park subdivision bears
N 66°39'13" W, a distance of 78.82 feet;
THENCE, departing said existing northerly right-of-way line of Old Settlers Boulevard, through
the interior of said Lot 1 B, with said proposed westerly right-of-way line of North Mays Street,
the following three (3) courses:
5) N 72°10'52" E for a distance of 75.07 feet to a set 1/2" iron rod with aluminum
cap stamped C.O.R.R., 69.00 feet right of proposed North Mays Street baseline
station 112+52.39, being . an angle point in the westerly boundary line of the
herein described tract;
PROJECT: NORTH MAYS STREET
PARCEL: 1
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 3 of 5
6) N 23°53'13" E for a distance of 155.51 feet to a set 1/2" iron rod with aluminum
cap stamped C.O.R.R. at the beginning of a curve to the right, 69.00 feet right of
proposed North Mays Street baseline station 110+96.87;
7) Along said curve to the right, having a delta angle of 01°22'53", a radius of
3050.69 feet, an arc length of 73.56 feet, and a chord which bears N 24°34'40" E
for a distance of 73.56 feet to the POINT OF BEGINNING, containing 0.205
acres (8,921 square feet) of land, more or less.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central
Zone No. 4203, NAD 83.
This property description is accompanied by a separate plat.
That I, M. Stephen Truesdale, 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 under my direction
and supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
' t1
M. Stephen Truesdale
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, L.P.
1504 Chisholm Trail Road
Suite 103
Round Rock, TX 78681
512-238-1200
i
Date
w
N
ss'-„--. CAE. 0, SLD.448-49
R 4'..?.
E\��,, PARCEL I
)'s STA. 108+13.07
/ ` ��� 380.18' RT
S
25 0 50 100
SCALE I` = 100'
LOT IB \\\
(4.716 AC.) \\ REPEAT OF
BLOCK B \
LOT 2BLOCK
7. D.U.E.
B
‘,-N CRYSTAL PARK
CAB. T SLD 92 f33
2 co
P.NW.C.T. : �o�, CAB. 0, SLOS. 48s49
\ \o, o P.R.W.C.T. "s,;
LANCE JAY LUCHNICK, TRUSTEE \ «i""-
SOCRATES ARAMBURU, M.D., TRUSTEE \1Q�u'z
WILLIAM H. AVERY. TRUSTEE : \` y
VOL. 1614. PG. 814 ' \*
O.R.W.C.T.
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24 RECIPROCAL \o
EASEMENT AGREEMENT \ tL6',
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DOC. Nu. 20039)2067 \ t��c
7.5'�P rU E
P R.W C. r.
STA. 110+24.35
�`I53.80' RT
�CA�s T, SED. 62-83 \kQ
AN AMENDI�V/IG
/.
PLAT OF
LOT IA AND ,LOT IB.
BLOCKI"B7
CRYSTAL PARK
CAB. T. SSD. 182-83
P. R.W. CIT.
,iJ LOT IC
7` (1.129 AC
BLOCK B EASrMEN. AGREEMENT ,'
; moi; 0\0C N0. 20i?^?O':2067.` to ;
O.P.R.YY.:,. T. �!/< a / 15' P U E.
r
/
LOT 1
(7.301 AC.)
BLOCK A
DETAIL
</ „A.
i5' P.U.E. i\ Pad. ��/l•
68.R' &T
CAB. SED. az 8 PAR E^l. 1
75' °UE
b SLD. E.
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CAB.
��i�•i STlA. f10*9
RECIPROCAL ,� v, 65.00' RT
15' P
CAB. T SLD. 82-83
15' PRIVATE D.E.
CAB. T. SLD 82-83
P.R.W.C.T
40' X 50'
ACCESS ESMT
CAB. R. SLD. 217-218
P.R.W.C.T.
—474
F
„` 1`
of
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% "4r $.921 SO. FT.
'S$A 142+52.39
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PAGE 4 OF 5
INLAND
GEODETI CS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. S fE. 103
ROUND ROCK. TX. 78681
PH. (512) 238-1200, FM (514 238-1251
RIGHT OF WAY SKETCH
PARCEL I
1
LEGEND
• 1/2' IRON ROD FOUND
O 1/2 " IRON ROD SET W/ ALUMINUM CAP STAMPED CORR
p TXDOT TYPE I I CONCRETE MONUMENT W/ BRASS DISK FOUND
ROUND ROCK ALUMINUM CAP
OO IRON ROD W/PLASTIC CAP FOUND
• CALCULATED POINT
fL' PROPERTY LINE
( ) RECORD INFORMATION
P.O.R. POINT OF REFERENCE
P.O.B. POINT OF BEGINNING
0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY. TEXAS
O.R.W.C.T. OFFICIAL RECORDS
WILLIAMSON COUNTY. TEXAS
P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY. TEXAS
4.9
tt
S 72°30'07' E
DETAIL "A"
DETAIL "8"
NUMBER ,
DELTA ANGLE
RADIUS j
ARC LENGTH
CHORD LENGTH
CHORD DIRECTION
CI
90°18'43"
25.00'
39.41'
35.45'
S 68°10'08" W
(CI)
01°22'55"
3050.69'
73.58'
73.58'
S 24°34'41" W
C2
01°22'53"
3050.69'
73.56'
73.56'
N 24°34'40' E
NO.
BEARING
DISTANCE
LI
S 66°47'51" E
85.70'
(LI)
(N 64°33'13" W)
(111.05')
L2
S 66°47'51" E
25.35'
L3
N 66°39'13" W
60.05'
L4
N 72°10'52" E
75.07'
NOTES:
ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES.
COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM.
NAD 83. CENTRAL ZONE. USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012.
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER
INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
r 1(" Cd -844
M.. STEPHEN T UESDALE "
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND
GEODETICS E
PROFESSIONAL LAND SURVEYORS
t
504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
FH. (512) 238-1200, FAX (312) 238-1251
RIGHT OF WAY SKETCH
PARCEL I
PAGE 5 OF 5
DATE: October 16, 2008
SUBJECT: City Council Meeting — October 23, 2008
ITEM: 1261. Consider a resolution authorizing the Mayor to execute a real estate
contract with PAG West, LLC for the purchase of 0.205 acres necessary
for the construction of the N. Mays expansion project.
Department:
Staff Person:
Justification:
Legal
Steve Sheets, City Attorney
The contract is for the purchase of right of way necessary for the construction of the proposed
expansion of N. Mays street in Round rock.
Funding:
Cost:
Source of funds:
$72,260.00
4B Transportation Funds
Outside Resources: N/A
Background Information:
The proposed contract price for this purchase is equal to the appraised value for the
acquisition.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
N. Mays—parcel 1
REAL ESTATE CONTRACT
North Mays Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between PAG WEST,
LLC., (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 ("Property"):
All of that certain 0.205 acre tract of land, more or less, situated in the David
Curry Survey, Abstract No. 130, in Williamson County, Texas; being more fully
described by metes and bounds or shown in Exhibit "A", attached hereto and
incorporated herein (Parcel 1).
This purchase also includes any improvements and fixtures situated on and attached to the
Property which are not removed by Seller, for the consideration and upon and subject to the terms,
provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE AND ADDITIONAL COMPENSATION
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of SEVENTY TWO
THOUSAND TWO HUNDRED SIXTY and 00/100 Dollars ($72,260.00).
Payment of Purchase Price
2.02. The Purchase Price and Additional Compensation shall be payable in cash at the
closing.
O:\wDOX\CORR\gnl\NMAYSTARCEL I \CONTRACT\00145813. DOC
x-'00' 1p'117' 1191
Special Provisions
2.03. Purchaser is buying the Property to be used for the construction of roadway and
related improvements. At the current time Purchaser intends to construct the roadway as soon as
possible after completion of all right of way acquisition, relocation of utilities, and other
preliminary engineering tasks.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the closing.):
Preliminary Title Commitment
3.02. Purchaser, at Purchaser's sole cost and expense, has caused the Texas American
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, after
notice of such unsatisfactory condition Seller shall provide Purchaser with any assistance
reasonably requested as necessary to eliminate or modify such matters.
Survey
3.03. Purchaser, at Purchaser's expense, has caused to be delivered a current plat of survey
of the Property, prepared by a duly licensed Texas land surveyor.
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:
2
(1) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than as previously disclosed;
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and
restrictions relating to the Property, or any part thereof;
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 Title Company on or before October 20, 2008, 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 to all of the Property as shown in Exhibit "A", free and clear
of any and all liens and encumbrances, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
(2) If requested, 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
purchase price, insuring Purchaser's drainage easement interest 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
3
(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 if not previously done.
(4) Seller shall not be obligated to remove any title exceptions not approved by the
Purchaser prior to closing. However, Seller agrees to provide reasonable
assistance, at no cost to Seller, to Purchaser if necessary to attempt to remove any
such exceptions.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price.
Prorations
5.04. If required, 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 nextpreceding 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.
(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 herein. At the closing, the Escrow Deposit shall be
4
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.
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 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
5
9.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
9.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed
as if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior,Agreements Superseded
9.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
9.06. Time is of the essence in this Contract.
Gender
9.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
9.08. Upon request of either party, both parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Possession and Use Agreement
6
9.10 Seller agrees to allow Purchaser to use and possess the Property for the purpose of
relocating utilities and constructing or improving a public road and related facilities, upon full
execution of this contract. Purchaser agrees to execute a separate Possession and Use Agreement
document suitable for recording if requested by Purchaser.
Effective Date
9.11 This Contract shall be effective as of the date it is approved by the City of Round
Rock, which date is indicated beneath the City's signature below.
SELLER:
PAG WEST, LLC.
By: �!'Y Address: ./701-S , �-C;\CWA' � G{' v*'
Its: ✓i%i7-1\.-1- PI/WA/1;-)c �Z �3 514 -
Date:
-Date: ' 210k'
PURCHASER:
CITY OF ROUND ROCK
By: Of )11
Alan McGraw
Mayor
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date: td. i7J' .
7
PROJECT: NORTH MAYS STREET
PARCEL: 1
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
EXHIBITA
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.205 ACRE (8,921 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY,
ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING
A PORTION OF LOT 1 B, BLOCK "8", AN AMENDING PLAT OF
LOT 1A AND LOT 1B, BLOCK "B", CRYSTAL PARK,
ACCORDING TO THE PLAT THEREOF RECORDED IN
CABINET T, SLIDES 82-83 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF
THAT SAME TRACT OF LAND CONVEYED TO LANCE JAY
LUCHNICK, TRUSTEE, SOCRATES ARAMBURU, M.D.,
TRUSTEE, AND WILLIAM H. AVERY, TRUSTEE, BY
INSTRUMENT RECORDED IN VOLUME 1614, PAGE 814 OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS,
SAID 0.205 ACRE (8,921 SQUARE FOOT) TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
Page 1 of 5
BEGINNING FOR REFERENCE at a found 1/2" iron rod at an angle point in the northeasterly
boundary line of said Lot 1B, same being the southwesterly boundary line of Lot 1, Block "A",
Replat of Lot 2, Block "B", Crystal Park according to the plat thereof recorded in Cabinet 0,
Slides 48-49 of the Plat Records of Williamson County, Texas, 380.18 feet right of proposed
North Mays Street baseline station 108+13.07;
THENCE, with the common boundary line of said Lot 1B and said Lot 1, the following two
courses:
S 23°05'23" E for a distance of 309.65 feet to a calculated point, 153.80 feet
right of proposed North Mays Street baseline station. 110+24.35, being an angle
point in said common boundary line;
S 66°47'51" E for a distance of 85.70 feet to a set 1/2" iron rod with aluminum
cap stamped C.O.R.R. in the proposed westerly right-of-way line of North Mays
Street, 68.11 feet right of proposed North Mays Street baseline station
110+23.32, being the northwesterly corner and POINT OF BEGINNING of the
herein described tract;
PROJECT: NORTH MAYS STREET
PARCEL: 1
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 2 of 5
1) THENCE, departing said proposed westerly right-of-way line of North Mays
Street, continuing with said common boundary line, S 66°47'51" E for a distance
of 25.35 feet to a calculated point in the existing westerly right-of-way line of
Greenhill Drive (60 foot right-of-way width), as dedicated by the plat of Crystal
Park subdivision, recorded in Cabinet I, Slides 146-149 of the Plat Records of
Williamson County, Texas, being the most easterly comer of said Lot 1B and the
most southerly corner of said Lot 1, and being the northeasterly corner of the
herein described tract, from which a found 1/2" iron rod bears S 72°30'07" E, a
distance of 0.21 feet;
THENCE, departing said common boundary line, with in part, the easterly boundary line of said
Lot 1 B, same being said existing westerly right-of-way line of Greenhill Drive, and in part, the
southerly boundary line of said Lot 1 B, same being the existing northerly right-of-way line of Old
Settlers Boulevard (120 foot right-of-way width), as dedicated by said plat of Crystal Park
subdivision, the following three (3) courses:
2) S 23°19'08" W for a distance of 253.38 feet to a calculated point at the beginning
of a curve to the right, being the most easterly southeast corner of said Lot 1 B,
and being the most easterly southeast comer of the herein described tract, from
which a found 1/2" iron rod bears S 82°32'28" E, a distance of 0.15 feet;
3) Along said curve to the right, having a delta angle of 90°18'43", a radius of 25.00
feet, an arc length of 39.41 feet, and a chord which bears S 68°10'08" W for a
distance of 35.45 feet to a found 1/2" iron rod, being the most southerly
southeast corner of said Lot 1B, and being the most southerly southeast comer
of the herein described tract;
4) N 66°39'13" W for a distance of 60.05 feet to a set 1/2" iron rod with aluminum
cap stamped C.O.R.R. in the proposed westerly right-of-way line of North Mays
Street, 125.05 feet right of proposed North Mays Street baseline station
113+02.33, being the southwesterly comer of the herein described tract, from
which a found 1/2" iron rod in said existing northerly right-of-way line of Old
Settlers Boulevard, being an exterior ell corner in the southerly boundary line of
said Lot 1B and the most southerly comer of Lot 1 C, Block "B', of said An
Amending Plat of Lot 1A and Lot 1B, Block "B", Crystal Park subdivision bears
N 66°39'13" W, a distance of 78.82 feet;
THENCE, departing said existing northerly right-of-way line of Old Settlers Boulevard, through
the interior of said Lot 1 B, with said proposed westerly right-of-way line of North Mays Street,
the following three (3) courses:
5) N 72°10'52" E for a distance of 75.07 feet to a set 1/2" iron rod with aluminum
cap stamped C.O.R.R., 69.00 feet right of proposed North Mays Street baseline
station 112+52.39, being an angle point in the westerly boundary line of the
herein described tract;
PROJECT: NORTH MAYS STREET
PARCEL: 1
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 3 of 5
6) N 23°53'13" E for a distance of 155.51 feet to a set 1/2" iron rod with aluminum
cap stamped C.O.R.R. at the beginning of a curve to the right, 69.00 feet right of
proposed North Mays Street baseline station 110+96.87;
7) Along said curve to the right, having a delta angle of 01°22'53", a radius of
3050.69 feet, an arc length of 73.56 feet, and a chord which bears N 24°34'40" E
for a distance of 73.56 feet to the POINT OF BEGINNING, containing 0.205
acres (8,921 square feet) of land, more or less.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central
Zone No. 4203, NAD 83.
This property description is accompanied by a separate plat.
That 1, M. Stephen Truesdale, 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 under my direction
and supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
/67
M. Ste15(ien Truosdale
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, L.P.
1504 Chisholm Trail Road
Suite 103
Round Rock, TX 78681
512-238-1200
Date
w
N
E
` , . CAB. Ci, s 48-49
..
S
25 0 50 100
SCALE I" = 100'
LOT IB
(4.718 AC.)
BLOCK B
7.5 c E. rr ��
CAB. T SLD. 82-83' ' 2 0
P.%.W.C. T.• �c� v'o
LANCE JAY LUCHNICK, TRUSTEE ;\',Aro-
SOCRATES
o" �`
o
SOCRATES ARAMBURU, M.D., TRUSTEE \ ;iA
WILLIAM H. AVERY, TRUSTEE `\ \u‘4 (I`
VOL. 1614, PG. 814 ` \*.
O.R.W.C.T. Y\i, o
...EDOC.
AGREEMENT \ i�Cs
DOC. NO • 2000012067 a�
7.5.PUE.
'`;pis. 1'. SLD. 82-83 *.
P R.Vi CT. ; ` ,
P.O.R.
PARCEL I
STA. 108+13.07
380.18' RT
REPL A T OF
LOT 2 BLOCK 8
CRYSTAL PARK
CAB. 0. SLDS. 48.49
P.R. W. C. T.
f`}u /
AN AMENDI,N`G ,/
PLAT OF
LOT IA AND ,L0J 1B,
BLOCK/ "B?
CRYSTAL PARK
CAB. T. SAD. /82-83
P. R. W. C,/T.
24' RECIPROCAL Oi0
STA. 110+24.35
RT
OA -170)76.T, /-15P f- �/ i� ,S -TQ 110+mak
r.-1�1 CAB. v SLD. 48-49 to,
LOT IC P'R.W.C.T.-; STA. II0+96.87
�,/ (I.129 AC.) 44' REC+PPOC.AI i �Lr' 65.00' RT
,;/(/ / BLOCK B LOC NC) 2u"0,0012067 4u/r "
, co /
F R. 8 2 3
Li /
LOT I
(7.30! AC.)
BLOCK A
l E h lo;
PUE
CAB. T SLD. 82-83
U.R.W.0 T.
15' PRIVATE D.E...
CAS?. T. SLD 82-83
P.RW.C.T
40, XS.:0'
ACCESS ESMT
CAB. R, SLD. 217-218~
P.R.W.C. . •
"� ,,%
! `, .:-, / 0.205 AC.'\t o
F/. Ti ,. ��;�/.`v? 6.921 SO. FT.
�"S�A 112+52.39
/ N ¢so $9.0O0:"RT
'39 j3,, ` -.." A
DETAIL
/
9.
PAGE 4 OF 5
INLAND
GEODETICS
PROFESSIONAL LAND SURVEYORS
1SO4 CHISHOLM TRAIL RD. STE 103
ROUND ROCK, TX. 78681
PH. (512) 238-1200, FAX (512) 238-1251
RIGHT OF WAY SKETCH
PARCEL I
•
•
0
0
IL'
P.O.R.
P.O.B.
0.P.R.W.C.T.
O.R.W.C.T.
P.R.W.C.T.
LEGEND
I/2" IRON ROD FOUND
1/2 " IRON ROD SET W/ ALUMINUM CAP STAMPED CORR
TXDOT TYPE 11 CONCRETE MONUMENT W/ BRASS DISK FOUND
ROUND ROCK ALUMINUM CAP
IRON ROD W/PLASTIC CAP FOUND
CALCULATED POINT
PROPERTY LINE
RECORD INFORMATION
POINT OF REFERENCE
POINT OF BEGINNING
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
OFFICIAL RECORDS
WILLIAMSON COUNTY. TEXAS
PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
S 72°30'07" E
0.21'
DETAIL "A"
DETAIL "a"
NUMBER
DELTA ANGLE
RADIUS ,
ARC LENGTH
CHORD LENGTH
CHORD DIRECTION
CI
90°18'43"
25.00'
39.41'
35.45'
S 68°10'08" W
(Cl)
01022'55"
3050.69'
73.58'
73.58'
S 24°34'41" W
C2
01°22'53"
3050.69'
73.56'
73.56'
N 24°34'40" E
NO.
BEARING
DISTANCE
LI
S 66°47'51" E
85.70'
(LI)
(N 64°33'13" W)
(111.05')
L2
S 66°47'51" E
25.35'
L3
N 66°39'13" W
60.05'
L4
N 72°10'52" E
75.07'
NOTES:
ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES.
COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,
NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012.
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER
INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
0/64/1 jAk,
M:STEPHEN T UESDALE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, 1X 78681
PH. (512)238-1200,MX(512)238-1251
RIGHT OF WAY SKETCH
PARCEL I
PAGE 5 OF 5