R-10-05-27-13A - 5/27/2010RESOLUTION NO. R -10-05-27-13A
WHEREAS, the City desires to purchase a 0.0359 acre out of a 0.668 acre parent tract of land
necessary for the Chisholm Trail Improvement Project, and
WHEREAS, Hohman Properties Management, 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 Hohman Properties Management, 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 27th day of May, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
O:\wdox\SCC1nts\0112\1005\MUNICIPAL\00192702.DOC/rmc
Chisholm Trail—parcel 11
REAL ESTATE CONTRACT
Chisholm Trail Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between Hohman
Properties Management, 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 0.0359 of one acre (1,566 square feet) of land, more or less, out
of Lot 23, Round Rock Industrial Park, a Subdivision of record in Cabinet C,
Slide 293-294, plat records, Williamson County, Texas, and out of that tract
described in a deed to Hohman Properties Management, LLC., of record in
Document Number 2007083458, Official Public Records, Williamson County,
Texas; said 0.0359 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 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 as well as addition compensation for any
improvements located on the Property and for any damages or the cost of reconfiguration to the
remaining property of Seller shall be the sum of SEVENTY FOUR THOUSAND and 00/100
Dollars ($74,000.00).
00190714/m1
EXHIBIT
Payment of Purchase Price
2.02. The Purchase Price and Additional Compensation, if any, shall be payable in cash at
the closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the closing.):
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 June 15, 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
(c) Any exceptions approved by Purchaser in writing.
The deed shall be in the form as shown in Exhibit "B" attached hereto.
(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;
3
(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.
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
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 arty 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.
4
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 unposed 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.
ARTICLE VIII
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.
5
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
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, if necessary
to start the road construction project, 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.
[signature page, follows]
6
SELLER:
HOHMAN PROPERTIES MANAGEMENT, LLC,
a Texas limited liability company
By:
Its:
Date:
PURCHASER:
CITY OF ROUND ROCK
By:
Alan McGraw
Mayor
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
7
PROPERTY DESCRIPTION FOR PARCEL 11
Page 1 of 3
ROW
March 5, 2009
DESCRIPTION OF 0.0359 OF ONE ACRE (1,566 SQUARE FEET) OF LAND OUT
OF LOT 23, ROUND ROCK INDUSTRIAL PARK, A SUBDIVISION OF RECORD IN
CABINET C, SLIDE 293-294, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS,
AND OUT OF THAT TRACT DESCRIBED IN A DEED TO HOHMAN PROPERTIES
MANAGEMENT, LLC., OF RECORD IN DOCUMENT NUMBER 2007083458,
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.0359 OF
ONE ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a cotton spindle found at the northeast corner of this tract, said Lot 23,
and said Hohman Properties tract and the southeast corner of Lot 22 of said Round Rock
Industrial Park and of that tract described in a deed to Walter Robertson and wife, Eileen
Robertson, of record in Document Number 2001006492, Official Public Records,
Williamson County, Texas, same being in the existing west right-of-way (ROW) line of
Chisholm Trail, from which a 1/2" iron rod found in the east line of said Lot 22 and said
Robertson tract bears N21°42'22"W 84.99 feet;
1) THENCE, with the east line of this tract, said Lot 23, and said Hohman Properties
tract and the existing west ROW line of Chisholm Trail, S21°42'22"E 145.44 feet to a
1/2" iron rod found at the southeast corner of this tract, said Lot 23 and said Hohman
Properties tract and the northeast corner of Lot 24 of said Round Rock Industrial Park
and of that tract described in a deed to Jimmy C. Brown and wife, Sharron Brown, of
record in Volume 882, Page 796, Deed Records, Williamson County, Texas;
2) THENCE, with the south line of this tract, said Lot 23 and said Hohman Properties
tract and the north line of said Lot 24 and said Brown tract, S68°16'32"W 11.09 feet
to a 1/2" iron rod set with a plastic cap at the southwest corner of this tract;
3) THENCE, with the west line of this tract, crossing said Lot 23 and said Hohman
Properties tract, N21°27'06" %V 145.44 feet to a mag nail set with washer at the
northwest corner of this tract, same being in the north line of said Lot 23 and said
Hohman Properties tract and the south line of said Lot 22 and said Robertson tract;
Page 2 of 3
ROW
March 5, 2009
4) THENCE, with the north line of this tract, said Lot 23, and said Hohman Properties
tract and the south line of said Lot 22 and said Robertson tract, N68°16'51"E 10.44
feet to the POINT OF BEGINNING and containing 0.0359 of one acre (1,566 square
feet) within these metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS §
§
§
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
That I, Chris Conrad, 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 Austin, Travis County, Texas, this the
5th day of March, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 4518591 (1
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (RRIP23 RUw ) Issued 3/5/09
RE: CITY OF ROUND ROCK SKS' TO
OF 0.0 -.)9 AC.
OUT OF LOT 23,
ROUND ROCK,
,1
i
1 \.
. 1
try
�1, ROUND ROCK INDUSTRIAL PARK
a. CAB. C, SL. 293-294
5`�iI�
�0
0
01.°601.0
\?'"
?' � f i
N /•
ACCOMPANY DESCRIPTION ,
OR 1,566 SQ. FT. OF LA./
ROUND ROCK INDUSTRIAL PARK
WILLIAMSON COUNTY, TEXAS
LOT 22
WALTER ROBERTSON AND WIFE,
EILEEN ROBERTSON
DOC. 2001006492
0.P.R.W.C.
\1.
LOT 33 \
\ 1\ .
11•
• 1
LINE TABLE
LINE
BEARING
LENGTH
L1
L2
568.16'32'W
N68'16`51'E
11.09
10.44
v °o
LOT 23
C.,2
1 MAGI
1
i
0.0359 AC.
1,566 S Q. FT.
HORMAN PROPERTIES MANAGEMENT, LLC
DOC. 2007083458
O.P.R.W.C.
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
TANGENT
BEARING
CHORD
C1
(011)
23.71
(23.56)
15.00
(15.00)
90'34'42'
(90'00')
15.15
(15.00)
N66'50'27"W
21.32
(21.21)
1
LOT 24
ilSCALE 1" = 40'
RIGHT—OF—WAY
DEDICATION
PAPAL SUBDIVISION
CAB. 0, SI.. 209
P.R.W.C.
P.O.B.
COUNTY ROAD 173
CHISHOLM TRAIL
(R.o.W. VARIES)
m,
r
JIMMY C. BROWN AND WIFE,
SHARRON BROWN
VOL. 88Z PG. 796
D.R.W.C.
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N15'04'02"W, AND A GRID DISTANCE .OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BEN ; OF AN OWNERSHIP AND EASEMENT
REPORT. - ' %
I' .�•• S T E ••. f
1 �••fl,. a r..
C IRIS O RAoff /i
d. ..
suR�
03/05/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plat is not valid unless on original signature
through an original seal appears on its face. There is a description to
accompany this plat.
M:\SDSKPROJ\CHISHOLM—RTG\DWG\PARCELS\RR1P23_ROW.DWG
LEGEND
O
MAGO
•
0
P.O.B.
D.R.W.C.
1/2" IRON ROD FOUND
MAG NAIL SET WITH WASHER
COTTON SPINDLE FOUND
1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
POINT OF BEGINNING
DEED RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
SURVEYED BY:
ISSUED: 03/05/09
PAGE 3 OF 3
McGRAY Sc. McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
Chisholm Trail—parcel 11
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT
$ ttBtt
SPECIAL WARRANTY DEED
Chisholm Trail Improvement Project
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property
rights deemed necessary or convenient for the construction, expansion, enlargement, extension,
improvement, or operation of a portion of the proposed Chisholm Trail 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, HOHMAN PROPERTIES MANAGEMENT, LLC, 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 0.0359 of one acre (1,566 square feet) of land, more or less, out
of Lot 23, Round Rock Industrial Park, a Subdivision of Record in Cabinet C, Slide
293-294, Plat Record, Williamson County, Texas and out of that tract described in a
Deed to Holunan Properties Management, LLC., of Record in Document Number
2001006492, Official Public Records, Williamson County, Texas; said 0.0359 of
one acre of land being more particularly described by metes and bounds in Exhibit
"A" attached hereto and incorporated herein (parcel 11):
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.
00190726/m1
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas
and its assigns forever; and Grantor does hereby bind ourselves, our heirs, executors, administrators,
successors and assigns to Warrant and Forever Defend all and singular the said premises herein
conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under Grantor, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of , 2010.
GRANTOR:
IIOHMAN PROPERTIES MANAGEMENT LLC,
a Texas limited liability company
By:
Its:
Date:
STATE OF TEXAS
COUNTY OF
ACKNOWLEDGMENT
This instrument was acknowledged before me on this the day of , 2010, by
, its , of Holunan Properties Management, LLC,
in the capacity and for the purposes and consideration therein expressed.
2
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S ADDRESS:
City of Round Rock
221 East Main
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Chisholm Trail—parcel 11
SPECIAL WARRANTY DEED
Chisholm Trail Improvement Project
EXHIBIT
B
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property
rights deemed necessary or convenient for the construction, expansion, enlargement, extension,
improvement, or operation of a portion of the proposed Chisholm Trail 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, HOHMAN PROPERTIES MANAGEMENT, LLC, 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 0.0359 of one acre (1,566 square feet) of land, more or less, out
of Lot 23, Round Rock Industrial Park, a Subdivision of Record in Cabinet C, Slide
293-294, Plat Record, Williamson County, Texas and out of that tract described in a
Deed to I-Iohinan Properties Management, LLC., of Record in Document Number
2001006492, Official Public Records, Williamson County, Texas; said 0.0359 of
one acre of land being more particularly described by metes and bounds in Exhibit
"A" attached hereto and incorporated herein (parcel 11):
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.
001907261m1
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas
and its assigns forever; and Grantor does hereby bind ourselves, our heirs, executors, administrators,
successors and assigns to Warrant and Forever Defend all and singular the said premises herein
conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under Grantor, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of , 2010.
GRANTOR:
HOHMAN PROPERTIES MANAGEMENT LLC,
a Texas limited liability company
By:
Its:
Date:
STATE OF TEXAS
COUNTY OF
ACKNOWLEDGMENT
§
§
§
This instrument was acknowledged before me on this the day of , 2010, by —
, its , of Hohman Properties Management, LLC,
in the capacity and for the purposes and consideration therein expressed.
2
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S ADDRESS:
City of Round Rock
221 East Main
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Agenda Item No. 13A.
Ci Council A ! enda Summar Sheet
Agenda Caption:
Consider a resolution authorizing the Mayor to execute a Real Estate Contract with
Hohman Properties Management, LLC to wit: 0.0359 acre out of a 0.668 acre parent tract
necessary for the Chisholm Trail Road Project (Parcel 11).
Meeting Date: May 27, 2010
EXECUTED
DOCUMENT
FOLLOWS
Chisholm Trail --parcel 11
REAL ESTATE CONTRACT
Chisholm Trail Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between Hohman
Properties Management, 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 0.0359 of one acre (1,566 square feet) of land, more or less, out
of Lot 23, Round Rock Industrial Park, a Subdivision of record in Cabinet C,
Slide 293-294, plat records, Williamson County, Texas, and out of that tract
described in a deed to Hohman Properties Management, LLC., of record in
Document Number 2007083458, Official Public Records, Williamson County,
Texas; said 0.0359 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 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 as well as addition compensation for any
improvements located on the Property and for any damages or the cost of reconfiguration to the
remaining property of Seller shall be the sum of SEVENTY FOUR THOUSAND and 00/100
Dollars ($74,000.00).
00190714/ n1
Q,-�0-u'5-?-13A
Payment of Purchase Price
2.02. The Purchase Price and Additional Compensation, if any, shall be payable in cash at
the closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the closing.):
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 June 15, 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.
The deed shall be in the form as shown in Exhibit "B" attached hereto.
(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;
3
(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.
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
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
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.
4
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.
ARTICLE VIII
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.
5
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
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, if necessary
to start the road construction project, 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.
[signature page follows]
6
SELLER:
HOHMAN PROPERTIES MANAGEMENT, LLC,
a Texas limited liability company
Its: e t(iijcrP
Date: / 2/�/0
PURCHASER:
CITY OF ROUND ROCK
By:
rr,
Alan McGraw
Mayor
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date: . 9".10
7
PROPERTY DESCRIPTION FOR PARCEL 11
Page 1 of 3
ROW
March 5, 2009
DESCRIPTION OF 0.0359 OF ONE ACRE (1,566 SQUARE FEET) OF LAND OUT
OF LOT 23, ROUND ROCK INDUSTRIAL PARK, A SUBDIVISION OF RECORD IN
CABINET C, SLIDE 293-294, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS,
AND OUT OF THAT TRACT DESCRIBED IN A DEED TO HOHMAN PROPERTIES
MANAGEMENT, LLC., OF RECORD IN DOCUMENT NUMBER 2007083458,
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SMD 0.0359 OF
ONE ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a cotton spindle found at the northeast corner of this tract, said Lot 23,
and said Hohman Properties tract and the southeast corner of Lot 22 of said Round Rock
Industrial Park and of that tract described in a deed to Walter Robertson and wife, Eileen
Robertson, of record in Document Number 2001006492, Official Public Records,
Williamson County, Texas, same being in the existing west right-of-way (ROW) line of
Chisholm Trail, from which a 1/2" iron rod found in the east line of said Lot 22 and said
Robertson tract bears N21°42'22"W 84.99 feet;
1) THENCE, with the east line of this tract, said Lot 23, and said Hohman Properties
tract and the existing west ROW line of Chisholm Trail, S21°42'22"E 145.44 feet to a
1/2" iron rod found at the southeast corner of this tract, said Lot 23 and said Hohman
Properties tract and the northeast corner of Lot 24 of said Round Rock Industrial Park
and of that tract described in a deed to Jimmy C. Brown and wife, Sharron Brown, of
record in Volume 882, Page 796, Deed Records, Williamson County, Texas;
2) THENCE, with the south line of this tract, said Lot 23 and said Hohman Properties
tract and the north line of said Lot 24 and said Brown tract, S68°16'32"W 11.09 feet
to a 1/2" iron rod set with a plastic cap at the southwest corner of this tract;
3) THENCE, with the west line of this tract, crossing said Lot 23 and said Hohman
Properties tract, N21°27'06"W 145.44 feet to a mag nail set with washer at the
northwest corner of this tract, same being in the north line of said Lot 23 and said
Hohman Properties tract and the south line of said Lot 22 and said Robertson tract;
EXHIBIT
"A"
Page 2 of 3
ROW
March 5, 2009
4) THENCE, with the north line of this tract, said Lot 23, and said Hohman Properties
tract and the south line of said Lot 22 and said Robertson tract, N68°16'51"E 10.44
feet to the POINT OF BEGINNING and containing 0.0359 of one acre (1,566 square
feet) within these metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS §
COUNTY OF TRAVIS §
KNOW ALL MEN BY THESE PRESENTS:
That I, Chris Conrad, 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 Austin, Travis County, Texas, this the
5th day of March, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591 (1
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (RRIP23 ROW ) Issued 3/5/09
Chisholm Trail--parcel11
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
1
EXHIBIT
ftgtt
SPECIAL WARRANTY DEED
Chisholm Trail Improvement Project
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property
rights deemed necessary or convenient for the construction, expansion, enlargement, extension,
improvement, or operation of a portion of the proposed Chisholm Trail 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, HOHMAN PROPER PIES MANAGEMENT, LLC, 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 0.0359 of one acre (1,566 square feet) of land, more or less, out
of Lot 23, Round Rock Industrial Park, a Subdivision of Record in Cabinet C, Slide
293-294, Plat Record, Williamson County, Texas and out of that tract described in a
Deed to Holman Properties Management, LLC., of Record in Document Number
2001006492, Official Public Records, Williamson County, Texas; said 0.0359 of
one acre of land being more particularly described by metes and bounds in Exhibit
"A" attached hereto and incorporated herein (parcel 11):
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.
00190726/mi
1
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas
and its assigns forever; and Grantor does hereby bind ourselves, our heirs, executors, administrators,
successors and assigns to Warrant and Forever Defend all and singular the said premises herein
conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under Grantor, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the, /day of 277a , 2010.
GRANTOR:
HOHMAN PROPERTIES MANAGEMENT LLC,
a Texas limited liability company
Its: CP ail) f',f"
Date:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF M`C SO \
This ins a as, : cknowledged before me on this the o'?) * day of ()Ai , 2010, by
s r /.►'� �:.0-� _ - e764 4)66 , of Hallman Properties Management, LLC,
p �
in the capacity and for the purposes and consideration therein expressed.
\aacglt
2
r
so:.•� it , BILLIE WESTBROOK
'( '4`'' Notary Public, State of Texas
''� �, My Commission Expires
‘'%:; October 10, 2013
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S ADDRESS:
City of Round Rock
221 East Main
Round Rock, Texas 78664
AFTER RECORDING RETURN TO: