R-10-02-25-10E1 - 2/25/2010RESOLUTION NO. R-10-02-25- 10E1
WHEREAS, the City desires to purchase a 0.287 acre tract of
land for a public parking garage; and
WHEREAS, Dain Jay Johnson, 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 Dain Jay Johnson, 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 25th day of February, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
0:Awdox\SCCints\0112\1005\MUNICIPALV00103708.DOC/rr
EXHIBIT
„A„
REAL ESTATE CONTRACT
Intermodal Transit and Parking Facility Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between DAIN JAY
JOHNSON, (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 0.287 acre tract of land, more or less, situated in the Wiley
Harris Survey, Abstract No. 298, in Williamson County, Texas; being more fully
described by metes and bounds or shown in Exhibit "A", attached hereto and
incorporated herein
This purchase also includes any improvements and fixtures situated on and attached to
the Property shown in Exhibit "A" which are not removed by Seller pursuant to any
special provisions or retention agreement herein, 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 THREE HUNDRED
NINETY NINE THOUSAND and 00/100 Dollars ($399,000.00).
00182846
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the closing.
1
Additional Terms and Consideration
2.04. In addition to the Purchase Price stated above, the parties agree that the following
provisions and terms are consideration for the sale and purchase (the "Continuing Obligations"):
a. In consideration of the payment of one dollar ($1.00) from Seller to Purchaser,
Seller shall be allowed to retain and remove the house located on the Property. It is agreed
between the parties that if the house is not removed by Seller on or before April 1, 2010, it shall
become the property of Purchaser and shall be subject to immediate destruction or removal at any
time after that date without further notice to Seller. In such event, the $1.00 purchase price shall
be refunded to Seller.
b. The parties understand that Seller intends to relocate the house on the Property.
Seller has proposed to relocate the house to that certain property located at 1000 Rabbit Run,
Round Rock, Texas 78664, and otherwise identified by the Williamson Central Appraisal District
as R05581 and as further shown on Exhibit "B" attached hereto and incorporated herein.
c. This Contract shall be subject to the Round Rock City Council adopting a
resolution designating the property shown on Exhibit "B" as a Non -Recorded Subdivision
pursuant to §8.113 of the Round Rock Code of Ordinances, a copy of which resolution is attached
hereto as Exhibit "C". Said resolution shall further modify the requirements of §8.111 of the
Round Rock Code of Ordinances to allow for the issuance of a permit to move the house from the
Property to the tract of land at 1000 Rabbit Run, even though said tract has not been platted.
d. The parties agree that Seller shall be solely responsible for any permits, costs or
expenditures associated with the actual placement, removal, relocation, reconfiguration,
remodeling, updating or occupancy of the house located at 307 Main Street, any site work or
development work desired or required at 1000 Rabbit Run for the placement of the relocated
house structure, any connection or construction of utilities to the relocated structure at 1000
Rabbit Run, or any other costs associated with the house relocation as contemplated herein.
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.):
00182846
2
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:
(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 March 10, 2010, or at
such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred
to as the "closing date").
00182846 3
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) The deed shall be in the form as shown in Exhibit "D" attached hereto.
(3)
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" 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."
(4) Deliver to Purchaser possession of the Property if not previously done.
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 next preceding year applied to the latest assessed
valuation. All special taxes or assessments to the closing date shall be paid by Seller. Agricultural
00182846 4
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:
Owner's Title Policy and survey to be paid by Purchaser.
Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
All other closing costs shall be paid by Purchaser.
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
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.
00182846 5
ARTICLE IX
MISCELLANEOUS
Notice
9.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Apply
9.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
9.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
9.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed
as if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
9.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
9.06. Time is of the essence in this Contract.
Gender
9.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
00182846 6
Memorandum of Contract
9.08. Upon request of either party, both parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Effective Date
9.10 This Contract shall be effective as of the date it is approved by the City of Round
Rock, which date is indicated beneath the City's signature below.
00182846
[signature page follows]
7
PURCHASER:
CITY OF ROUND ROCK
By:
Alan McGraw
Mayor
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
00182846
8
Address: 27447
7Re K.
Parcel 3
0.287 Acres Tract
Page 1 of 3
PARCEL 3
DESCRIPTION
FOR A 0.287 ACRE (12,486 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298 IN WILLIAMSON
COUNTY, TEXAS, BEING ALL OF THAT CERTAIN TRACT OF LAND IN
DEED TO DAIN JAY JOHNSON OF RECORD IN DOCUMENT NO.
2007064224 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY,
SAID 0287 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING
SURVEY SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at -a'/2" iron rod found on a point in the south right-of-way line of West Main
Avenue (100' right-of-way width), said point being the northwest corner of Lot 1, Block 6 of
E.H. & A. Round Rock Joint Venture Subdivision, a subdivision according to the plat of
record in Cabinet I-1, Slide 48 of the Plat Records of said County, same being the northeast
corner of said Dain Jay Johnson tract, for the northeast corner and POINT OF
BEGINNING hereof;
THENCE departing the south right-of-way line of said \Vest Main Avenue, with the west
boundary line of said Lotl, same being the east boundary line of said Dain Jay Johnson tract,
the following three (3) courses and distances:
i. S 19°10'38" E for a distance of 135.16 feet to a '/2„ iron rod with "Baker-
Aicklen" cap set for an angle point hereof,
2. S 70°42'32" W for a distance of 48.15 feet to a '/2" iron rod with "Baker-Aickleii"
cap set for an angle point hereof, and
3. S 19°23'06" E for a distance of 52.66 feet to a '/z" iron rod with "Baker-Aicklen"
cap set on a point in the north boundary line of Lot 2A of the Replat of Lot 2,
Block 6, E.H.& A. Round Rock Joint Venture Subdivision, a subdivision
according to the plat of record in Cabinet L, Slide 191 of the Plat Records of said
Parcel 3
0.287 Acres Tract
Page 2 of 3
County, said point being the southwest comer of said Lot 1, same being the
southeast corner of said Dain Jay Johnson tract, for the southeast corner hereof;
THENCE with the north boundary line of said Lot 2A, same being the south boundary line of
said Dain Jay Johnson tract, S 70°42'32" W for a distance of 32.04 feet to a '/z" iron rod with
"Baker-Aicklen" cap set on a point being the southwest corner of said Dain Jay Johnson tract, for
the southwest corner hereof;
THENCE with the west boundary line of said Dain Jay Johnson tract, N 19°10'38" W for a
distance of 187.61 feet to a '/2" iron rod with "Baker-Aicklen" cap set on a point in the south
right-of-way line of said West Main Avenue, said point being the northwest corner of said Dain
Jay Johnson tract, for the northwest corner hereof;
THENCE with the south right-of-way line of said West Main Avenue, same being the north
boundary line of said Dain Jay Johnson tract N 70°33'42" E for a distance of 80.00 feet to the
POINT OF BEGINNING hereof and containing 0.287 acre of land.
Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate
System, Central Zone NAD 83 per GPS survey performed during October, 2009.
Surveyed under the direct supervision of the undersigned during October, 2009:
/10.1&,7 /o20-2cz,
Parker J. Grahan /
Registered Professional Land Surveyor No. 5556
BAKER-AICKLEN & ASSOCIATES, INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512) 260-3700
Job No.: 1906-3-001-20
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DATE: 10/19/2009
JOB NO.: 1906-3-001-20
BY: PJG
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RESOLUTION NO. R -10 -02 -25 -
WHEREAS, Travis Johnson, ("Land Owner") is the owner of a
parcel of land (the "Land") which has not been platted in accordance
with the requirements of Chapter 8 of the Code, which Land is shown
on Exhibit A; and
WHEREAS, Dain Johnson, ("House Owner") is the owner of a house
currently located at 307 W. Main St., Round Rock, Texas which must
be moved from its current location because the City is purchasing
the tract for a public parking garage; and
WHEREAS, the House Owner wishes to move the house from its
current location at 307 W. Main to the Land; and
WHEREAS, the moving of house requires the issuance by the City
of one or more building permits to relocate, remodel and reconnect
the house to utilities; and
WHEREAS, §8.111 of the Code of Ordinances (1995 Edition) of
the City of Round Rock, ("Code") provides that no building permits
shall be issued for the development of a parcel of land until a plat
has been recorded in accordance with Chapter 8 of the Code; and
WHEREAS, §8.113 of the Code provides that the City Council may
designate an eligible parcel of land as a Non -Recorded Subdivision
and may modify the requirements of Chapter 8, Subdivisions for such
Non -Recorded Subdivisions; and
b
a
EXHIBIT
0:\wdox\SCC1nts\0199\7123-JOHNSON\MUNICIPAL\ 00182886.DOC/zmc
WHEREAS,the City Council has determined that strict compliance
to the subdivision requirements contained in Chapter 8 of the Code
may result in undue hardship to the Land Owner; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Land is hereby recognized and designated as a
Non-Recorded Subdivision pursuant to, and in compliance with §8.113
of the Code; and
BE IT FURTHER RESOLVED
That the City Council makes the following findings for the Land
described in Exhibit "A";
1. There are extraordinary or special conditions affecting
the Land such that the strict application of the
provisions of Chapter 8 would cause undue hardship; and
2. The modification from the requirements of Chapter 8 is
necessary for the preservation and application of
substantial property rights; and
3. The granting of modifications from the requirements of
Chapter 8 will not be detrimental to the public health,
safety or welfare, injurious to other property in the area
or to the City; and
4. The conditions affecting the Land described in Exhibit "A"
do not generally apply to other tracts of land in the
vicinity; and
5. The conditions affecting the Land described in Exhibit "A"
2
are not the result of the actions of the current owners of
said real properties; and
6. The modifications from the requirements of Chapter 8 will
not substantially conflict with the General Plan and the
purposes of Chapter 8; and
BE IT FURTHER RESOLVED
That the City Council hereby makes modifications to Chapter 8
as it applies to the Land as follows:
1. §8.111 of the Round Rock Code of Ordinances as it applies
to the Land shall be modified so that the platting of the
Land in accordance with Chapter 8 shall not be a pre-
condition for the issuance of any and all permits required
for the relocation of the house to the Land.
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 25th day of February, 2010.
ATTEST:
3
ALAN MCGRAW, Mayor
City of Round Rock, Texas
SARA L. WHITE, City Secretary
4
EXHIBIT
SPECIAL WARRANTY DEED
• Intermodal Transit and Parking Facility Improvement Project
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 Intermodal Transit and Parking Facility 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, DAIN JAY JOHNSON, 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 or implied, have this day Sold and by
these presents do Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all those certain
tracts or parcels of land lying and being situated in the County of Williamson, State of Texas, being
more particularly described as follows:
All of that certain 0.287 acre tract of land, more or less, situated in the Wiley Harris
Survey, Abstract No. 298 in Williamson County, Texas; being more fully described
by metes and bounds or shown 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.
00182860_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 Grantors do 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 Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of , 2010.
GRANTOR:
Dain Jay Johnson
State of Texas
County of
§
§
Acknowledgment
This instrument was acknowledged before me on this the day of , 2010
by Dain Jay Johnson, in the capacity and for the consideration and purposes recited herein.
Notary Public, State of
2
DATE: February 18, 2010
SUBJECT: City Council Meeting — February 25, 2010
ITEM: 10E1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with
Dain Jay Johnson for the purchase of 0.287 acres located at 307 W. Main Street.
Department:
Staff Person:
Justification:
Transportation Services
Tom Word, Chief of Public Works Operations
This item will allow the City to purchase the remaining land needed for the Intermodal Transit and Parking
facility.
Strategic Plan Relevance:
Funding:
Cost: $399,000
Source of funds:
Outside Resources:
N/A
Public Comment:
N/A
EXECUTED
DOCUMENT
FOLLOWS
REAL ESTATE CONTRACT
Intermodal Transit and Parking Facility Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between DAIN JAY
JOHNSON, (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 0.287 acre tract of land, more or less, situated in the Wiley
Harris Survey, Abstract No. 298, in Williamson County, Texas; being more fully
described by metes and bounds or shown in Exhibit "A", attached hereto and
incorporated herein
This purchase also includes any improvements and fixtures situated on and attached to
the Property shown in Exhibit "A" which are not removed by Seller pursuant to any
special provisions or retention agreement herein, 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 THREE HUNDRED
NINETY NINE THOUSAND and 00/100 Dollars ($399,000.00).
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the closing.
00182846
02- 2s'Lo
1
Additional Terms and Consideration
2.04. In addition to the Purchase Price stated above, the parties agree that the following
provisions and terms are consideration for the sale and purchase (the "Continuing Obligations"):
a. In consideration of the payment of one dollar ($1.00) from Seller to Purchaser,
Seller shall be allowed to retain and remove the house located on the Property. It is agreed
between the parties that if the house is not removed by Seller on or before April 1, 2010, it shall
become the property of Purchaser and shall be subject to immediate destruction or removal at any
time after that date without further notice to Seller. In such event, the $1.00 purchase price shall
be refunded to Seller.
b. The parties understand that Seller intends to relocate the house on the Property.
Seller has proposed to relocate the house to that certain property located at 1000 Rabbit Run,
Round Rock, Texas 78664, and otherwise identified by the Williamson Central Appraisal District
as R05581 and as further shown on Exhibit "B" attached hereto and incorporated herein.
c. This Contract shall be subject to the Round Rock City Council adopting a
resolution designating the property shown on Exhibit "B" as a Non -Recorded Subdivision
pursuant to §8.113 of the Round Rock Code of Ordinances, a copy of which resolution is attached
hereto as Exhibit "C". Said resolution shall further modify the requirements of §8.111 of the
Round Rock Code of Ordinances to allow for the issuance of a permit to move the house from the
Property to the tract of land at 1000 Rabbit Run, even though said tract has not been platted.
d. The parties agree that Seller shall be solely responsible for any permits, costs or
expenditures associated with the actual placement, removal, relocation, reconfiguration,
remodeling, updating or occupancy of the house located at 307 Main Street, any site work or
development work desired or required at 1000 Rabbit Run for the placement of the relocated
house structure, any connection or construction of utilities to the relocated structure at 1000
Rabbit Run, or any other costs associated with the house relocation as contemplated herein.
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.):
00182846
2
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:
(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 March 10, 2010, or at
such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred
to as the "closing date").
00182846
3
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) The deed shall be in the form as shown in Exhibit "D" attached hereto.
(3)
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" 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."
(4) Deliver to Purchaser possession of the Property if not previously done.
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 next preceding year applied to the latest assessed
valuation. All special taxes or assessments to the closing date shall be paid by Seller. Agricultural
00182846 4
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:
(3)
Owner's Title Policy and survey to be paid by Purchaser.
Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
All other closing costs shall be paid by Purchaser.
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
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.
00182846 5
ARTICLE IX
MISCELLANEOUS
Notice
9.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Apply
9.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
9.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
9.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed
as if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
9.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
9.06. Time is of the essence in this Contract.
Gender
9.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
00182846
6
Memorandum of Contract
9.08. Upon request of either party, both parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Effective Date
9.10 This Contract shall be effective as of the date it is approved by the City of Round
Rock, which date is indicated beneath the City's signature below.
00182846
[signature page follows]
7
PURCHASER:
CITY OF ROUND ROCK
By:
Alan McGraw
Mayor
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date: Z. - (0
00182846
8
Address: .' /,/,r;. Cl //4„
Parcel 3
0.287 Acres Tract
Page 1 of 3
PARCEL 3
DESCRIPTION
FOR A 0.287 ACRE (12,486 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298 IN WILLIAMSON
COUNTY, TEXAS, BEING ALL OF THAT CERTAIN TRACT OF LAND IN
DEED TO DAIN JAY JOHNSON OF RECORD IN DOCUMENT NO.
2007064224 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY,
SAID 0.287 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING
SURVEY SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a' 'A" iron rod found on a point in the south right-of-way line of West Main
Avenue (100' right-of-way width), said point being the northwest corner of Lot 1, Block 6 of
E.H. & A. Round Rock Joint Venture Subdivision, a subdivision according to the plat of
record in Cabinet H, Slide 48 of the Plat Records of said County, same being the northeast
corner of said Dain Jay Johnson tract, for the northeast corner and POINT OF
BEGINNING hereof;
THENCE departing the south right-of-way line of said \Vest Main Avenue, with the west
boundary line of said Loth, same being the east boundary line of said Dain Jay Johnson tract,
the following three (3) courses and distances:
1. S 19°IO'38" E for a distance of 135.16 feet to a '/y" iron rod with "Baker-
Aicklen" cap set for an angle point hereof,
2. S 70°42'32" W for a distanceof48.15 feet to a'/A" iron rod with `Baker-Aicklen"
cap set for an angle point hereof, and
3. S 19°23'06" E for a distance of 52.66 feet to a '/z" iron rod with "Baker-Aicklen"
cap set on a point in the north boundary line of Lot 2A of the Replat of Lot 2,
Block 6, E.H. & A. Round Rock Joint Venture Subdivision, a subdivision
according to the plat of record in Cabinet L, Slide 191 of the Plat Records of said
Parcel 3
0.287 Acres Tract
Page 2 of 3
County, said point being the southwest comer of said Lot 1, same being the
southeast corner of said Dain Jay Johnson tract, for the southeast corner hereof;
THENCE with the north boundary line of said Lot 2A, same being the south boundary line of
said Dain Jay Johnson tract, S 70°42'32" W for a distance of 32.04 feet to a ''/z" iron rod with
"Baker-Aicklen" cap set on a point being the southwest corner of said Dain Jay Johnson tract, for
the southwest corner hereof;
THENCE with the west boundary line of said Dain Jay Johnson tract, N 19°10'38" W for a
distance of 187.61 feet to a %i" iron rod with "Baker-Aicklen" cap set on a point in the south
right-of-way line of said West Main Avenue, said point being the northwest corner of said Dain
Jay Johnson tract, for the northwest corner hereof;
THENCE with the south right-of-way line of said West Main Avenue, same being the north
boundary line of said Dain Jay Johnson tract N 70°33'42" E for a distance of 80.00 feet to the
POINT OF BEGINNING hereof and containing 0.287 acre of land.
Bearings shown hereon are referenced to Grid North for the Texas State Plane Coordinate
System, Central Zone NAD 83 per GPS survey performed during October, 2009.
Surveyed under the direct supervision of the undersigned during October, 2009:
Parker J. Grahan
Registered Professional Land Surveyor No. 5556
BAKER-AICKLEN & ASSOCIATES, INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512) 260-3700
0 - P -c9 - .2 cw7
Job No.: 1906-3-001-20
Filename: W:\PROJECTS\CORK\INTERMODAL TRANSIT
DESCRIPTION\CORR Intermodal -Parcel 3.doc
PARKER GRAHAM
& PARKING FACILITY\PARCEL
13
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SKETCH TO ACCOMPANY DESCRIPTION
PARCEL 3
WEST MAIN AVENUE (100' R.O.W.)
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ALLEY VACATED BY CITY
ORDINANCE NO. 2147
BLOCK 67
ORIGfNAL TOWN OF ROUIIID ROCK
CAB. A, SL. 190
8
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LEGEND
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POINT OF
BEGINNING
N 70°33'42" E 80.00'
DAIN JAY JOHNSON
DOC. NO. 2007064224
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0
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ORIGINAL SCALE
1"=30'
(O -20-2oti
LOT 1 BLOCK "6"
E. H. & A. ROUND ROCK JOINT
VENTURE SUBDIVISION
CAB. H, SL. 48
2A
REPLAT OF LOT 2, BLOCK 6, E. H. & A.
ROUND ROCK JOINT VENTURE
SUBDIVISION
CAB. L, SI. 191
DATE: 10/19/2009
JOB NO.: 1906-3-001-20
BY: PJG
CHK:. MAN
PAGE 3 OF 3
2B
SOUTH BROWN STREET
IBAKER-AICKLEN
ASSOCIATES, INC.
Engineers • Surveyors • GIS • Penning
WIPROJECTS5C0RRUNTERIAODAL TRANS{T & PARKING FACILITYIPARCEL DWG1CORR PARCEL-3.dwg [PARCEL -3) October 20, 2009-9:52am
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17
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RESOLUTION NO. R -10 -02 -25 -
WHEREAS, Travis Johnson, ("Land Owner") is the owner of a
parcel of land (the "Land") which has not been platted in accordance
with the requirements of Chapter 8 of the Code, which Land is shown
on Exhibit A; and
WHEREAS, Dain Johnson, ("House Owner") is the owner of a house
currently located at 307 W. Main St., Round Rock, Texas which must
be moved from its current location because the City is purchasing
the tract for a public parking garage; and
WHEREAS, the House Owner wishes to move the house from its
current location at 307 W. Main to the Land; and
WHEREAS, the moving of house requires the issuance by the City
of one or more building permits to relocate, remodel and reconnect
the house to utilities; and
WHEREAS, §8.111 of the Code of Ordinances (1995 Edition) of
the City of Round Rock, ("Code") provides that no building permits
shall be issued for the development of a parcel of land until a plat
has been recorded in accordance with Chapter 8 of the Code; and
WHEREAS, §8.113 of the Code provides that the City Council may
designate an eligible parcel of land as a Non -Recorded Subdivision
and may modify the requirements of Chapter 8, Subdivisions for such
Non -Recorded Subdivisions; and
EXHIBIT
C-
0:\wdox\SCCInts\0199\7123-JOHNSONNMUNICIPAL\00182886.DOC/rmc
WHEREAS, the City Council has determined that strict compliance
to the subdivision requirements contained in Chapter 8 of the Code
may result in undue hardship to the Land Owner; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Land is hereby recognized and designated as a
Non -Recorded Subdivision pursuant to, and in compliance with §8.113
of the Code; and
BE IT FURTHER RESOLVED
That the City Council makes the following findings for the Land
described in Exhibit "A";
1. There are extraordinary or special conditions affecting
the Land such that the strict application of the
provisions of Chapter 8 would cause undue hardship; and
2. The modification from the requirements of Chapter 8 is
necessary for the preservation and application of
substantial property rights; and
3. The granting of modifications from the requirements of
Chapter 8 will not be detrimental to the public health,
safety or welfare, injurious to other property in the area
or to the City; and
4. The conditions affecting the Land described in Exhibit "A"
do not generally apply to other tracts of land in the
vicinity; and
5. The conditions affecting the Land described in Exhibit "A"
2
are not the result of the actions of the current owners of
said real properties; and
6. The modifications from the requirements of Chapter 8 will
not substantially conflict with the General Plan and the
purposes of Chapter 8; and
BE IT FURTHER RESOLVED
That the City Council hereby makes modifications to Chapter 8
as it applies to the Land as follows:
1. §8.111 of the Round Rock Code of Ordinances as it applies
to the Land shall be modified so that the platting of the
Land in accordance with Chapter 8 shall not be a pre-
condition for the issuance of any and all permits required
for the relocation of the house to the Land.
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 25th day of February, 2010.
ATTEST:
3
ALAN MCGRAW, Mayor
City of Round Rock, Texas
SARA L. WHITE, City Secretary
4
EXHIBIT
SPECIAL WARRANTY DEED
Intermodal Transit and Parking Facility Improvement Project
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 Intermodal Transit and Parking Facility 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, DAIN JAY JOHNSON, 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 or implied, have this day Sold and by
these presents do Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all those certain
tracts or parcels of land lying and being situated in the County of Williamson, State of Texas, being
more particularly described as follows:
All of that certain 0.287 acre tract of land, more or less, situated in the Wiley Harris
Survey, Abstract No. 298 in Williamson County, Texas; being more fully described
by metes and bounds or shown 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.
00182860.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 Grantors do 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 Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of , 2010.
GRANTOR:
Dain Jay Johnson
State of Texas
County of
§
§
Acknowledgment
This instrument was acknowledged before me on this the day of
by Dain Jay Johnson, in the capacity and for the consideration and purposes recited herein.
2
, 2010
Notary Public, State of