R-10-04-08-14A - 4/8/2010RESOLUTION NO. R -10-04-08-14A
WHEREAS, the City desires to purchase 0.237 of one acre tract
of land for the N. Mays Project, and
WHEREAS, 2251 TELLABS, LTD., 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 2251 TELLABS, LTD.,
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 thi s 8th day of April, 2010.
)1-1
ti
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
0:\wdox\SCC1nts\0112\1005\MUNICIPAL\00187534.DOC/rmc
REAL ESTATE CONTRACT
North Mays Street Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between 2251
TELLABS, LTD. a Texas limited partnership, (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 0.237 of one acre, more or less, out of the David Curry Survey,
Abstract No. 130, Williamson County, Texas; said 0.237 of one acre of land being
more particularly described by metes and bounds in Exhibit "A" attached hereto
and incorporated herein.
This purchase also includes any improvements and fixtures situated on and attached to the
Property described in Exhibit "A" 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 FORTY THREE
THOUSAND EIGHT HUNDRED TWENTY TWO and 00/100 Dollars ($43,822.00).
2.02. As additional compensation Purchaser shall pay the amount of ONE HUNDRED
THIRTY EIGHT THOUSAND ONE HUNDRED SEVENTY EIGHT and 00/100 Dollars
($138,178.00) as payment for the acquisition of any improvements on the Property, or as
compensation for any other damages or cost to cure or reconfigure the remaining property of
Seller.
Payment of Purchase Price and Additional Compensation
2.03. The Purchase Price and Additional Compensation shall be payable in cash at the
closing.
TEIL,ABS(6)--real estate contract --N. Mays project (00186022)
EXHIBIT
.,A„
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:
(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.
2
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the Title Company on or before April 30, 2010, 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 111 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 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) If applicable, the exception as to restrictive covenants shall be endorsed
"None of Record;" and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Payable."
(3) Deliver to Purchaser possession of the Property if not previously done.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price.
3
Pr orations
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's.
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
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, if any, shall be forthwith returned by the title company to Purchaser.
ARTICLE 'VII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
amount of Five Hundred and 00/100 Dollars ($500.00) from the Purchaser, 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 their total damages and relief and as Seller's sole remedy
hereunder in such event.
4
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Apply
8,02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
5
Memorandum of Contract
8.08. Upon request of either party, both parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Possession and Use Agreement
8.10 By signing this Contract, Seller agrees to allow Purchaser and its contractors and
assigns to use and possess the Property for the purpose of constructing and/or improving a public
roadway and related facilities, including the relocation of utilities, if necessary to begin the project
prior to the completion of the closing of this transaction if closing cannot occur because of any
outstanding title curative matters as referenced in Section 5.01. Upon request by Purchaser, Seller
agrees that it shall execute a separate possession and use agreement which is suitable for recording
in the real property records of Williamson County.
Effective Date
831 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:
2251 TELLABS, LTD.,
a Texas limited partnership
By:
li Cr" a 9/
Its: ‘rA3cc41._ /10/1_1>or/C
Date: "$'e -cif / 21i b
6
Address: J 4) 6'4='' %71' CoA) Z /c'u"s1"it ra
'5f7N 7e76,
PURCHASER:
CITY OF ROUND ROCK
By: Address: City Hall
Alan McGraw 221 E. Main Street
Mayor Round Rock, Texas 78664
Date:
7
PROJECT: NORTH MAYS STREET
PARCEL: 6
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.237 ACRE (10,311 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY,
ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING
A PORTION OF LOT 2B, BLOCK "A", REPLAT OF AMANDA
SUBDIVISION LOT 2 & 3 BLOCK "A", ACCORDING TO THE
PLAT THEREOF RECORDED IN CABINET K, SLIDES 29-30 OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND
BEING A -PORTION OF THAT SAME TRACT OF LAND
CONVEYED TO 2251 TELLABS, LTD., BY INSTRUMENT
RECORDED IN DOCUMENT NO. 199958667 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
0.237 ACRE (10,311 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 interior ell corner in the westeriy
boundary line of Lot 3 of said Replat of Amanda Subdivision Lot 2 & 3, Block "A", 893.75 feet
left of proposed North Mays Street baseline station 100+78.68, being the southeasterly corner
of said Lot 2B, Block "A", of said subdivision;
THENCE, with the common boundary line of said Lot 2B and said Lot 3, S 69°47'24" W for a
distance of 848.75 feet to a set 112" iron rod. with aluminum cap stamped C.O.R.R. in the
proposed easterly right-of-way line of North Mays Street, 45.00 feet left of proposed North Mays
Street baseline station 100+78.15, being the southeasterly corner and POINT OF BEGINNING
of the herein described tract;
1) THENCE, departing said proposed easterly right-of-way line of North Mays
Street, continuing with said common boundary line, S 69°47'24" W for a distance
of 15.17 feet to a found 1/2" iron rod in the existing easterly right-of-way Zine of
Tellabs Drive (60 foot right-of-way width), as dedicated by instruments recorded
in Volume 1898, Page 839 and Volume 1898 Page 861 of the Official Records of
Williamson County, Texas, being the southwesterly corner of said Lot 2B and an
exterior ell corner in the westerly boundary line of saki Lot 3, and being the
southwesterly corner of the herein described tract;
PROJECT: NORTH MAYS STREET
PARCEL: 6
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
•
Page 2 of 5
THENCE, departing said common boundary line, with the westerly boundary line of said Lot 2B,
'same being said existing easterly right-of-way line of Tellabs Drive, the following three (3)
courses:
2) N 20°16'09" W for a distance of 435.61 feet to a calculated point at the beginning
of a curve to the right;
3) Along said curve to the right, having a delta angle of 30°13'16", a radius of
300.00 feet, an arc length of 158.24 feet, and a chord which bears
.N 05°08'02" W for a distance of 156.41 feet to a calculated point;
4) N 09°58'35" E for a distance of 44,13 feet to a found 1/2" iron rod with plastic
cap (to be replaced with a 1/2" iron rod with aluminum cap stamped C.O.R.R.), at
a point where the proposed northerly right-of-way line of North Mays Street
Intersects the existing easterly right-of-way line of Tellabs Drive, 30.25 feet left of
proposed North Mays Street baseline station 94+26.22, being the northwesterly
corner of Bald Lot 2B and the southwesterly corner of Lot 1, Tellabs Subdivision
according to the plat thereof recorded In Cabinet T, Slides 141-143 of the Plat
Records of Williamson County, Texas, and being the northwesterly corner of the
herein described tract;
5) THENCE, departing said existing easterly right-of-way line of Tellabs Drive, with
the proposed easterly right-of-way line of North Mays Street, same being the
common boundary line of said Lot 2B and said Lot 1, N 69°45'55" E for a
distance of 17.04 feet to a set 1/2" iron rod with aluminum cap stamped
C.O.R.R., 45.00 feet left of proposed North Mays Street baseline station
94+17.69, being the northeasterly corner of the herein described tract;
THENCE, departing said common boundary line, through the interior of said Lot 2B, with the
proposed easterly right-of-way line of North Mays Street, the following three (3) courses:
6) S 09°48'33" W for a distance of 15.05 feet to a set 1/2" Iron rod with aluminum
cap stamped C.O.R.R. at the beginning of a curve to the left, 45.00 feet left of
proposed North Mays Street baseline P.C. station 94+32.74;
7) Along said curve to the left, having a delta angle of 30°03'18", a radius of 425.00
feet, an aro length of 222.94 feet, and a chord which bears S 05°13'06" E for a
distance of 220.39 feet to a set 1/2" Iron rod with aluminum "cap stamped
C.O.R.R., 45.00 feet left of proposed North Mays Street baseline P.T, station
96+79.28;
PROJECT: NORTH MAYS STREET • Page 3 of 5
PARCEL: 6
COUNTY: WILLIAMSON
OWNER; CITY OF ROUND ROCK
8) S 20°14'45" E for a distance of 398.88 feet to the POINT OF BEGINNING,
containing 0.237 acres (10,311 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 propehty 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.
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
Date
•
i
10' WASTEWATER
ENT
VOL. 706, PG. 846
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VOL. 1800, P.U.E.
520
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10.311 SQ. F'T,
CAB.
VOL. 1n B. PG. 861 ,--,-
o.n.u.c. r,
CP,
2251 TELLABS, LTD.
DOC. NO. 199958667
O.P.R.W.C.T.
N
25 0 5 50 100
SCALE 1" a 100'
REPEAT OF AMANDA
SUBDIVISION
LOT 2 Br 3 BLOCK HA"
CAB. K, SLD. 29-30
P.R. W.C. T.
LOT 28
(12.3094 AC.)
BLOCK A
20' ELECTRIC
FASEM NT
CAB. f�.�t Vl.D.' 9-30
30 TE_XLiOliT EASE 8.
8g15, P 215
VOL..
R.LY C T.
PAF CEL 6
STA. 100+78.68
893.75' LT
1AeA'`14ii LOT 3 f
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\, ABSTRACT NO. 130
PAOEi'' 6
VOL. 16R98. PG. 859------.
0 R W C.T.
. INLAND
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. at. 103
ROUND ROCK, *IX 78681
PH. (512) 238-1200, FAX (512) 238-1251
. RIGHT OF WAY SKETCH
PARCEL 6
PAGE 4 OF 5
LEGEND
• I/2" IRON ROD FOUND
p IRON ROD FOUND TO BE REPLACED W/
1/2 " IRON ROD SET W/ ALUMINUM CAP STAMPED CORR
O 1/2 " IRON R00 SET W/ ALUMINUM CAP STAMPED CORR
Q TXDOT TYPE 1 I CONCRETE MONUMENT W/ BRASS DISK FOUND
® IRON ROD W/PLASTIC CAP FOUND
6, CALCULATED POINT
ft 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
NO,
BEARING
DISTANCE
LI
S 69°47124" W
15,17'
L2
N 09°56'35" E
44.13'
(L2)
(N 11°20'14" E)
(44,27')
L3
N 69°45'55" E
) 17.04'
L4
S 09048133" W
15.05'
NUMBER
DELTA ANGLE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD DIRECTION
CI
30°13'I6"
300.00'
158,24'
156.411
N 05°08'02' W
(CI)
(30°13116")
(300.00')
(158.24')
(156.41')
. (N 03°46423" W)
C2
30°03418'
425.00'
222.94'
220,39'
S 05°13'06' E
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 ANO THAT THIS PLAT 1S TRUE AND CORRECT TO THE BEST OF MY K - ,: E AND BELIEF.
1
At) Atric
M. ST P EN TRUESDALE
REGISTERED PROFESSIONAL LAND SURVEYOR NO, 4933
LICENSED STATE LAND SURVEYOR
1 IN LAN D
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, DC. 78681
P11. (514238-1100, FAX (312) 238-1251
RIGHT OF WAY SKETCH
PARCEL 6
PAGE 5 OF 5
R qv. Council AQUND RACK, TEXASRe_nCa Summary Sheet
PURPOSE. PASSION. PROSPERITY
Agenda Item No. 14A.
Agenda Caption:
Consider a resolution authorizing the Mayor to execute a Real Estate Contract with 2251
TELLABS LTD. for the purchase of 0.237 of one acres of land necessary for the N. Mays
Project (Parcel 6).
Meeting Date: April 8, 2010
Department: Legal
Staff Person making presentation: Steve Sheets
City Attorney
Item Summary:
This is a request for execution of a contract to acquire 0.237 of one acre of land for the N. Mays Project. This right-
of-way is necessary for the improvement to N. Mays.
Strategic Plan Relevance:
26.0 Construct major elements of the transportation and mobility system as approved by Council in the Master
Transportation Plan.
Cost: $182,000.00
Source of Funds: 2002 GO Bonds
Date of Public Hearing (if required): N/A
Recommended Action: Staff recommends approval of contract.
EXECUTED
DOCUMENT
FOLLOWS
REAL ESTATE CONTRACT
North Mays Street Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between 2251
TELLABS, LTD. a Texas limited partnership, (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 0.237 of one acre, more or less, out of the David Curry Survey,
Abstract No. 130, Williamson County, Texas; said 0.237 of one acre of land being
more particularly described by metes and bounds in Exhibit "A" attached hereto
and incorporated herein.
This purchase also includes any improvements and fixtures situated on and attached to the
Property described in Exhibit "A" 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 FORTY THREE
THOUSAND EIGHT HUNDRED TWENTY TWO and 00/100 Dollars ($43,822,00).
2.02. As additional compensation Purchaser shall pay the amount of ONE HUNDRED
THIRTY EIGHT THOUSAND ONE HUNDRED SEVENTY EIGHT and 00/100 Dollars
($138,178.00) as payment for the acquisition of any improvements on the Property, or as
compensation for any other damages or cost to cure or reconfigure the remaining property of
Seller.
Payment of Purchase Price and Additional Compensation
2.03. The Purchase Price and Additional Compensation shall be payable in cash at the
closing.
TBLLABS(6)--real estate contract --N. Mays project (00186022)
04-09 -144
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:
(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.
2
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the Title Company on or before April 30, 2010, 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
(e)
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 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:
(3)
(a) The boundary and survey exceptions shall be deleted;
(b) If applicable, the exception as to restrictive covenants shall be endorsed
"None of Record;" and
(e) 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."
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.
3
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's,
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
BREACH BY SELLER
In the event Seller shall fail to fully and timely perforin 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, if any, shall be forthwith returned by the title company to Purchaser.
ARTICLE VII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
amount of Five Hundred and 00/100 Dollars ($500.00) from the Purchaser, the sum being agreed
on as liquidated damages for the failure of Purchaser to perforin 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 their total damages and relief and as Seller's sole remedy
hereunder in such event.
4
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Apply
8,02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Tirne of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
5
Memorandum of Contract
8,08. Upon request of either party, both parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Possession and Use Agreement
8.10 By signing this Contract, Seller agrees to allow Purchaser and its contractors and
assigns to use and possess the Property for the purpose of constructing and/or improving a public
roadway and related facilities, including the relocation of utilities, if necessary to begin the project
prior to the completion of the closing of this transaction if closing cannot occur because of any
outstanding title curative matters as referenced in Section 5.01. Upon request by Purchaser, Seller
agrees that it shall execute a separate possession and use agreement which is suitable for recording
in the real property records of Williamson County.
Effective Date
8,11 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:
2251 TELLABS, LTD.,
a Texas limited partnership
By:
cco c a c,c_ 6. /
Its: GE.cxc'/&
Date: /1?�&t- /e..) 2o1
6
Address: c SU" .7t- Cc,c)6„ ss5 /��cNv�5w/ V`")
�s , 78761
PURCHASER:
CITY OF ROUND ROCK
By: 0)1°1 /L.-)
Address: City Hall
Alan McGraw 221 E. Main Street
Mayor Round Rock, Texas 78664
Date: * /'I v
7
•
PROJECT: NORTH MAYS STREET
PARCEL: 6
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
EXHIBIT A
PROPERTY DESCRIPTION
DESCRIPTION OF A 0,237 ACRE (10,311 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY,
ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING
A PORTION OF LOT 2B, BLOCK "A", REPLAT OF AMANDA
SUBDIVISION LOT 2 & 3 BLOCK "A", ACCORDING TO THE
PLAT THEREOF RECORDED IN CABINET K, SLIDES 29-30 OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND
BEING A PORTION OF THAT SAME TRACT OF LAND
CONVEYED TO 2251 TELLABS, LTD., BY INSTRUMENT
RECORDED IN DOCUMENT NO. 199958667 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
0.237 ACRE (10,311 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 interior ell corner In the westerly
boundary line of Lot 3 of said Replat of Amanda Subdivision Lot 2 & 3, Block "A", 893.75 feet
left of proposed North Mays Street baseline station 100+78.68, being the southeasterly corner
of said Lot 2B, Block "A", of said subdivision;
THENCE, with the common boundary line of said Lot 2B and said Lot 3, S 69°47'24" W for a
distance of 848,75 feet to a set 112" iron rod. with aluminum cap stamped C,O.R.R. in the
proposed easterly right-of-way line of North Mays Street, 45.00 feet left of proposed North Mays
Street baseline station 100+78.15, being the southeasterly corner and POINT OF BEGINNING
of the herein described tract;
1) THENCE, departing said proposed easterly right-of-way line of North Mays
Street, continuing with said common boundary line, S 69°47'24" W for a distance
of 15.17 feet to a found 1/2" iron rod in the existing easterly right-of-way Zine of
Tellabs Drive (60 foot right-of-way width), as dedicated by instruments recorded
in Volume 1898, Page 839 and Volume 1898 Page 861 of the Official Records of
Williamson County, Texas, being the southwesterly corner of said Lot 2B and an
exterior ell corner ,in the westerly boundary ilne of said Lot 3, and being the
southwesterly corner of the herein described tract;
PROJECT; NORTH MAYS STREET
PARCEL: 6
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 2 of 5
THENCE, departing said common boundary line, with the westerly boundary line of said Lot 2B,
same being said existing easterly right-of-way line of Tellabs Drive, the following three (3)
courses:
2) N 20°16'09" W for a distance of 435.61 feet to a calculated point at the beginning
of a curve to the right;
3) Along said curve to the right, having a delta angle of 30°13'16", a radius of
300.00 feet, an arc length of 158.24 feet, and a chord which bears
N 05°08'02" W for a distance of 156.41 feet to a calculated point;
4) N 09°58'35" E for a distance of 44.13 feet to a found 1/2" iron rod with plastic
cap (to be replaced with a 1/2" iron rod with aluminum cap stamped C.O.R.R.), at
a point where the proposed northerly right-of-way line of North Mays Street
Intersects the existing easterly right-of-way line of Tellabs Drive, 30.25 feet left of
proposed North Mays Street baseline station 94+26.22, being the northwesterly
corner of said Lot 2B and the southwesterly corner of Lot 1, Tellabs Subdivision
according to the plat thereof recorded in Cabinet T, Slides 141-143 of the Plat
Records of Williamson County, Texas, and being the northwesterly corner of the
herein described tract;
5) THENCE, departing said existing easterly right-of-way line of Tellabs Drive, with
the proposed easterly right-of-way line of North Mays Street, same being the
common boundary fine of said Lot 2B and said Lot 1, N 69°45'55" E for a
distance of 17.04 feet to a set 1/2" iron rod with aluminum cap stamped
C.O,R.R,, 45.00 feet left of proposed North Mays Street baseline station
94+17.69, being the northeasterly corner of the herein described tract;
THENCE, departing said common boundary line, through the interior of said Lot 28, with the
proposed easterly right-of-way line of North Mays Street, the following three (3) courses:
6) S 09°48'33" W for a distance of 15.05 feet to a set 1/2" iron rod with aluminum
cap stamped C.O.R.R. at the beginning of a curve to the left, 45.00 feet left of
proposed North Mays Street baseline P.C. station 94+32.74;
7) Along said curve to the left, having a delta angle of 30°03'18", a radius of 425.00
feet, an arc length of 222.94 feet, and a chord which bears S 05°13'06" E for a
distance of 220.39 feet to a set 1/2" Iron rod with aluminum 'cap stamped
C.O.R.R., 45.00 feet left of proposed North Mays Street baseline P.T. station
96+79.28;
PROJECT: NORTH MAYS STREET •
PARCEL: 6
COUNTY: WILLIAMSON
OWNER; CITY OF ROUND ROCK
•'¢.j _.__.- .... • ,,YELL ;... .. s 'S.4•�.iF
Page 3 of 5
8) S 20°14'45" E for a distance of 398.88 feet to the POINT OF BEGINNING,
• containing 0.237 acres (10,311 square feet) of land, more or Tess.
. 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.
fit
M. Stephen Tr esdale
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
,?/(0-9-ge
Date
•
10' !A5 �AT
DIOL,. D7R W61'LVTEEi
BQ
..C.
15R 5
LIGHT ISEM ENT j..y
VOL. I ID, VG. 2211
O.R.44.0 7
ltSi'El .T41-143
TA.•266.3r2_
.25 6.2 �,,�'8�`
oTA. 94+I7.6
45.00 LT
STA. 94+42.T"(
15' SANITARY
SEWER EASEMENT
CAB. ,1 51-0. 21-222
13 15' P.
VOL. 1800, PG. 520
O.R.w.C,T
r~" 5 DRAINAGE
EASEMENT
CAB.'!>�, SLO.I221-222
P R.W.C.I.
L o r"
(7...6635 AC.)
,.r
I'EL L A BS SUBDIVISION
CAB. T, ldr 141-1413
45.1- L'
CAB. K[ SL : 29-30
STA. 96+79.28
45.00' LT
3U #13 L
A,1 SSE2?NT
C � S.R. °9a° o�
:R. .C.i 0
0
GAG,
FK.R,4`lP.U.E.L..,. 9-0_.--
15' P.U.E.
VOL. 1800, P. 520
ORWC
151T SIHAEMENTLE
0,537 AC,
10.311 SQ. ET,
2251 TELLABS, LTD.
DOC. NO. 199958667
O.P.R.W.C,T,
3J
25 0 5 50 100
SCALE i` 100'
REPLAT OF AMAOA
SUBDIVISION
LOT 28r3BLOCK "A"
CAB. K, SLD. 29-30
FR. W.C. T.
LOT 28
(12.3094 AC.)
BLOCK A
20' ELECTRIC
EASEMENT
CAB. ' . SLi . 9-30
�.R.VI.C.
VOL. 11 9B, t'0. 861 ---�
r,
30'TES HAE T
VOL. 1515. P .
2E5
0R.WCT.
PARCEL 6
STA. 100+78,68
893.75' LT
eGA
3``�y' 8aa�
1° 09`0 Ai& LOT 3
is � (27.0.3_,Z4 -"AC.)
) 1 5 c K "4;'--
- ,./ ✓�
p 0 --'r
S �l�70+78 5-' / ,,—.-
,----45.00 S -J--
��� ----- fr r-'�J
% r
f — r
r• r
•�. .--.
— r
R O.W.
VOL. 1896. PG. 839 ---_,.
0 R W C.T.
J — 4Moana
AVID CURRY SURVEY
ABSTRACT NO. 130
PAGE 4 OF 5
1NLA. NID
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STt. 103
ROUND ROCK, TX. 78681
PH. (512)238-1200. FAX (512) 238-1251
. RIGHT OF WAY SKETCH
PARCEL 6
•
LEGEND_
• I/2" IRON ROD FOUND
® IRON ROD FOUND TO BE REPLACED W/
I/2 " IRON ROD SET W/ ALUMINUM CAP STAMPED CORR
O 1/2 " IRON ROD SET W/ ALUMINUM CAP STAMPED CORR
Q TXDOT TYPE I I CONCRETE MONUMENT W/ BRASS DISK FOUND
Ct. IRON ROD W/PLASTIC CAP FOUND
d CALCULATED POINT
it 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
NO.
BEARING
DISTANCE
LI
S 69°47124" W
15.17'
L2
N 09°58'35" E
44.13'
(L2)
(N 1I°20'14" E)
(44.27')
L3
N 69°45'55" E
17.04'
L4
S 09°48'33" W
15.05'
NUMBER
DELTA ANGLE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD DIRECTION
CI
30°13416"
300.00'
158.24'
156.41'
N 05°08'02' W
(CI)
(30°131611)
(300.00')
(158.24')
(156.41')
" (N 03°46423" W)
C2
30°03`18"
425.00'
222.94'
220,39'
S 05°13'06" E
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,
1 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 K . - E AND BELIEF.
M. STrP EN TRUESDALE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, 7X, 78681
141,012)238-1200, FAX (312) 238-1251
PAGE 5 OF 5
R[GHT OF WAY SKETCH
PARCEL 6