R-12-08-09-G6 - 8/9/2012 RESOLUTION NO. R-12-08-09-G6
WHEREAS, the City desires to purchase a 0.836 acre of land for the City's Reuse Water
Project Phase IV-13 Elevated Storage Tank Site and
Project, g
WHEREAS, Avery Centre DevCo, Inc., 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 Avery Centre DevCo, Inc., 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 9th day of August, 2012.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
C:\Documents and Settings\mspinks\Local Settings\Temporary Internet Files\Content Outlook\9WWD2Z6A\Res Real Estate Contract w-Avery Centre DevCo Inc(00255211).DOC
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EXHIBIT
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REAL ESTATE CONTRACT
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This Real Estate Contract ("Contract") is entered into between AVERY CENTRE DEVCO,
INC., a Texas corporation ("Seller"), and the CITY OF ROUND ROCK, a Texas home-rule
municipal corporation("Buyer")upon the terms and conditions set forth as follows:
1. Purchase and Sale of Property
1.01 Seller sells and agrees to convey, and Buyer purchases and agrees to pay for,
approximately 0.836 acres of land located in Williamson County, Texas, being more particularly
described as Tract 1, outlined in red on Exhibit C, and in the Property Description attached
hereto and incorporated herein as Exhibit A.
1.02 This sale and purchase includes all rights and appurtenances pertaining to the
Property, including any right, title, or interest of Seller in adjacent streets, alleys, or rights-of-
way, together with any improvements, fixtures, and personal property situated on and attached to
the Property.
1.03 The real property described above, and any rights or appurtenances are referred to
in this Contract as the "Property."
2. Sales Price
2.01 Amount of Sales Price. The sales price for the Property shall be the sum of TWO
HUNDRED ONE THOUSAND, FOUR HUNDRED SIXTY-FIVE and NO/100 DOLLARS
($201,465.00) ("Sales Price"). The Sales Price also reflects the consideration for the proposed
Easements to be dedicated on the revised approved preliminary and final plat of College Park
North Subdivision as shown in the sketch attached hereto as Exhibit C.
2.02 Payment of Sales Price. The full amount of the Sales Price shall be payable in
cash at the closing.
2.03 Additional Consideration. As additional consideration, Buyer agrees to provide, at
no cost to Seller, up to six connections to the Buyer's 16" reuse water main proposed to be
installed in the right-of-way of College Park Dr. from Avery Nelson
Blvd to the southeast corner of the Property. The location of the 16" reuse water main is shown
on Exhibit C, attached hereto and incorporated herein. The connections will be made to each
separate tract adjacent to College Park Dr., up to a maximum of six. The connections will consist
of a service line from the 16" reuse water main to the boundary of College Park Drive right-of-
way and the adjoining tracts.
3. Buyers Obligations
3.01 Conditions to Buyer's Obligations. The Buyer's obligations under this Contract
are subject to the satisfaction of each of the following conditions (any of which may be waived
in whole or in part by Buyer at or before the closing).
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3.02 Preliminary Title Report. Within 30 days of the execution of this Contract, Seller,
at Seller's expense, will obtain from the Title Company a preliminary title report ("Title
Report"), accompanied by copies of all recorded documents relating to easements, rights-of-way,
etc., affecting the Property.
(A) Buyer will give Seller written notice on or before the expiration of 10 days
after Buyer receives the Title Report that the condition of title as set forth in the Title Report is
or is not satisfactory.
(B) In the event that Buyer states that the condition is not satisfactory, Seller
will promptly undertake to eliminate or modify all unacceptable matters to the reasonable
satisfaction of Buyer. In the event the Seller is unable to so within 10 days after receipt of written
notice, this Contract will be terminated and the Escrow Deposit will be returned by the Title
Company to Buyer. Otherwise, this condition will be deemed acceptable and any objection by
the Buyer will be deemed waived.
3.03 Survey. Within 30 days from the date of this Contract, Buyer, at Buyer's expense,
may, at its option, obtain a current plat or survey of the Property, prepared by a licensed Texas
land surveyor selected by Seller.
(A) The survey will be staked on the ground, and the plat will show the
location of all improvements, highways, streets, streets, roads, railroads, rivers, creeks, and other
water courses, fences, easements, and rights-of-way on or adjacent to the Property and will
contain the surveyor's certification that there are no encroachments on the Property and will set
forth the total acreage of the Property, together with a metes and bounds description of Tract 1.
3.04 Seller's Full Compliance. Seller will have complied with all of the covenants,
agreements, and conditions required by this Contract by the closing date.
4. Representations and Warranties of Seller
Seller represents and warrants to Buyer, as of the closing date, as follows:
4.01 There are no parties in possession of any portion of the Property as lessees,
tenants at sufferance, or trespassers.
4.02 There is no pending or threatened condemnation or similar proceeding or
assessment affecting the Property, or any part of it, nor to the best knowledge of Seller is any
such proceeding or assessment contemplated by any governmental authority.
4.03 Seller has complied with all applicable laws, ordinances, regulations, and
restrictions relating to the Property, or any part of it.
4.04 Seller is not aware of any material physical defects to the Property.
4.05 Seller is not aware of any environmental hazards or conditions that affect the
Property.
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4.06 Seller is not aware that the Property is or has ever been used for the storage or
disposal of hazardous materials or toxic waste, or any underground tanks or containers.
4.07 Seller is not aware that radon, asbestos insulation or fireproofing, urea
formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature
now exist or have ever existed on the Property.
5. Closing
5.01 Date and Location. The closing will be held at the office of Georgetown Title
Company ("Title Company"), located at 1717 N. Mays Street, Round Rock, Texas, on or before
September 30, 2012 ("Closing Date"), or at a time, date, and place agreed on by Seller and
Buyer.
5.02 Sellers Responsibilities at Closing. At the closing Seller will:
(A) Deliver to Buyer a properly executed and acknowledged Special Warranty
Deed (the "Deed") conveying marketable title in fee simple to all of the Property, free of all
liens, encumbrances, conditions, easements, assessments, and restrictions, except for the
following:
(i) Any exceptions approved by Buyer in accordance with Section 3
of this Contract;
(ii) Any exceptions approved by Buyer in writing;
(iii) The existing and proposed public drainage and wastewater
easements shown on the preliminary plat of College Park North and on
Exhibit C attached hereto; and
(iv) Currently existing easements, covenants, conditions and
restrictions of record affecting the Property.
(B) Deliver to Buyer a Texas Owner's Title Policy, at Buyer's expense, issued
by the Title Company in Buyer's favor in the full amount of the Sales Price, insuring Buyer's fee
simple title to the Property subject to the title exceptions listed in herein, to any other exceptions
approved in writing by Buyer, and to those standard printed exceptions contained in the usual
form of Texas Owner's Title Policy, with the following exceptions:
(i) The boundary and survey exceptions will be deleted;
(ii) The exception as to restrictive covenants will be endorsed"None
of Record", except as noted; and
(iii) The exception as to the lien for taxes will be limited to the year of
closing and will be endorsed"Not Yet Due and Payable."
(C) Deliver to Buyer possession of the Property.
5.03 Buyer's Responsibilities at Closing. At the closing Buyer will pay Seller the Sales
Price.
5.04 Prorations. General real estate taxes for the current year relating to the Property,
interest on any existing indebtedness, rents, insurance, and utility charges, if any, will be
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prorated as of the Closing Date and will be adjusted in cash at the closing. If the closing occurs
before the tax rate has been fixed for the current year, the apportionment of taxes will be on the
basis of the tax rate for the preceding year applied to the latest assessed valuation. All special
taxes or assessments to the Closing Date will be paid by Seller, if any.
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5.05 Apportionment of Costs. All costs and expenses of closing in consummating the
sale and purchase of the Property will be paid as follows:
(A) Owner's Title Policy paid by Seller.
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(B) Survey paid by Buyer.
(C) Deed, tax certificates, and title curative matters, if any,paid by Seller.
(D) All other closing costs to be paid by Buyer. 3
(E) Attorney's fees paid by each respectively.
6. Escrow Deposit
6.01 Purpose and Amount. For the purpose of securing the performance of Buyer 4
under the terms of this Contract, Buyer has delivered to an authorized escrow agent of the Title
Company, the sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) ("Escrow
Deposit"), which will be paid by the Title Company to Seller in the event Buyer breaches this E
Contract as provided in Section 8 of this Contract.
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6.02 Instructions at Closing. At the closing, the Escrow Deposit will be paid over to
Seller and applied to the sales price, provided however, that in the event the Buyer has given
written notice to the Title Company that one or more of the conditions to its obligations set forth j
in Section 3 of this Contract have not been met, or, in the opinion of Buyer, cannot be satisfied,
as provided for in Section 3 of this Contract, then the Escrow Deposit will be immediately
returned by the Title Company to Buyer.
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7. Breach by Seller.
7.01 Buyer's Rights in the Event of Breach by Seller. If Seller fails to fully and timely
perform any of its obligations under this Contract or fails to consummate the sale of the Property
for any reason(except for Buyer's default), Buyer will have the right to:
(A) Enforce specific performance of this Contract; or
(B) Request that the Escrow Deposit will be returned by the Title Company to
Buyer.
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8. Breach by Buyer
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8.01 Seller's Rights in the Event of Breach by Buyer. In the event Buyer fails to
consummate the purchase of the Property, and if Seller is not in default under this Contract,
Seller will have the right to retrieve the Escrow Deposit from the Title Company. !
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8.02 Liquidated Damages. If the Seller exercises its right to receive the Escrow
Deposit in the event of breach by Buyer, Seller agrees to accept this cash payment as total
damages and as Seller's only remedy under this Contract in the event of Buyer's default.
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9. Lease of Additional Property
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9.01 Seller agrees to lease to Buyer additional land consisting of approximately 0.489
acres of land located in Williamson County, Texas, being more particularly described as r
Proposed"TCE"on Exhibit B and C, attached hereto and incorporated herein.
9.02 The real property described above is referred to in this Contract as the "Lease
Property."
9.03 The Lease Property will be used by Buyer in the construction of an access road
-and water storage tank of the Property.
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9.04 At Closing, Seller will deliver to Buyer a properly executed Lease Agreement,
leasing the Lease Property to the Buyer. The Lease Agreement will be substantially in the form e
of the Lease Agreement attached hereto as Exhibit B.
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10. Miscellaneous Provisions
10.01 Assignment. This Contract is not assignable without the express written consent
of Seller.
10.02 Survival of Covenants. Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the closing of the transactions contemplated by this Contract, will survive the
closing.
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10.03 Notice. 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 Buyer, as the case may be, at the address set forth in the
signature block below. {
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10.04 Texas Law to Apply. 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.
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10.05 Parties Bound. 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.
10.06 Legal Construction. In case any one or more of the provisions contained in this
Contract may for any reason be held to be invalid, illegal, or unenforceable in any respect, this
invalidity, -illegality, or unenforceability will not affect any other provision hereof, and this
Contract will be construed as if the invalid, illegal, or unenforceable provision had never existed.
10.07 Prior Contracts Superseded. 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 of this Contract.
10.08 Time of Essence. Time is of the essence in this Contract.
9.09 Memorandum of Contract. Upon the request of either party, both parties will
promptly execute a memorandum of this Contract suitable for filing of record.
9.10 Compliance. In accordance with the requirements of Section 20 of the Texas Real
Estate License Act, Buyer is advised that it should be furnished with or obtain a policy of title
insurance, or Buyer should have the abstract covering the Property examined by an attorney of
Buyer's own selection.
9.11 Effective Date. This Contract shall be effective as of the date it is approved by the
Round Rock City Council, which date is indicated beneath the Mayor's signature below.
9.12 Signature Warranty Clause. The signatories to this contract represent and warrant
that they have the authority to execute this Contract on behalf of Seller and Buyer, respectively.
9.13 Easements on Plat. Buyer recognizes that Seller will need to dedicate certain
easements (the "Easements") for drainage and wastewater on the revised preliminary and final
plat of College Park North Subdivision(the "Plat") of which Tract 1 is a part. The consideration
paid for Tract 1 has been reduced by the Buyer in anticipation of such Easements being
dedicated on the Plat. The Buyer acknowledges the need for such Easements and agrees that
Seller may amend the Plat to show the location of such Easements on the Plat if and when such
Easements are needed by the Seller. The approximate location of the Easements is shown on
Exhibit C attached hereto. This paragraph will survive the Closing and not be merged into any
documents executed at the Closing.
The parties are signing this Contract on the dates indicated.
SELLER
Avery Centre DevCo, Inc.
By:
John S. Avery, Sr., its President
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BUYER
City of Round Rock, Texas
221 E. Main Street
Round Rock, TX 78664
By:
Alan McGraw, Mayor
Date:
Attest: For City,Approved as to Form:
Sara White, City Clerk Stephan L. Sheets, City Attorney
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Exhibit A
[Field Note Description of Tract 1]
Exhibit B
[Temporary Construction Lease]
Exhibit C
[Sketch of the location of Tract 1, the Easements, and the Reuse Waterline Extension]
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0.836 ACRE
TRACT 1 Page 1 of 3
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.836 ACRE (36,401 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE ABEL EAVES SURVEY
ABSTRACT NO. 215, IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF THE REMAINDER OF THAT CALLED
377.59 ACRE TRACT OF LAND CONVEYED TO AVERY
CENTRE DEVCO, INC. BY INSTRUMENT RECORDED IN
DOCUMENT NO. 2008083894 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.836
ACRE (36,401 SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at an iron rod set with plastic cap stamped "4933", having grid coordinates of
N=10179347.72, E=3137628.98, being in the easterly boundary line of that called 98.20 acre
tract of land conveyed to SBB Holdings, LP by instrument recorded in Document No.
2008021486 of the Official Public Records of Williamson County, Texas, same being in the
westerly boundary line of said remainder tract;
THENCE, departing the easterly boundary line of said 98.20 acre tract, and through the
interior of said remainder tract the following three (3) courses:
1) N 72047'54" E for a distance of 125.00 feet to an iron rod set with plastic cap stamped
'4933';
2) S 20023'29" E for a distance of 95.02 feet to an iron rod set with plastic cap stamped
"4933";
3) N 69°36'31" E for a distance of 657.81 feet to an iron rod set with plastic cap stamped
"4933" at the beginning of a non-tangent curve to the left, being in the existing westerly
right-of-way line of College Park Drive (right-of-way width varies), same being in the easterly
boundary line of said remainder tract, and from which a capped iron rod found stamped "B.A."
being in said right-of-way line, same being in the easterly boundary line of said remainder
tract, bears along a curve to the right, having a delta angle of 05°27'02", a radius of 2,150.00
feet, an arc length of 204.53 feet, and a chord which bears N 23°07'00" W for a distance of
204.45 feet;
4) THENCE, with said westerly right-of-way line, same being the easterly boundary line of said
remainder tract, along said curve to the left, having a delta angle of 01°23'39", a radius of
2,150.00 feet, an arc length of 52.32 feet, and a chord which bears S 26032'20" E for a
distance of 52.32 feet to a 1/2" iron found at the beginning of a non-tangent curve to the left,
being the northeast comer of that Lot 2, Block A as depicted on the final plat of Austin
Community College District-Round Rock Campus by instrument recorded in Cabinet
FF, Slides 339-341 of the Plat Records of Williamson County, Texas, same being the
most southeasterly corner of said remainder tract, for the most southeasterly corner of the
herein described tract;
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0.836 ACRE
TRACT 1 Page 2 of 3
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THENCE, departing the westerly right-of-way line of said College Park Drive, with the
common boundary line of said Lot 2 and said remainder tract, the following two (2) courses:
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5) along said curve to the left, having a delta angle of 83009'08", a radius of 25.00 feet, 3
an arc length of 36.28 feet, and a chord which bears N 68048'55" W for a distance of
33.18 feet to a 1/2" iron found;
6) S 69036'31" W for a distance of 770.73 feet to a capped iron rod found stamped
"PATE", in the easterly boundary line of said 98.20 acres tract, being the northwest
comer of said Lot 2, same being the southwest comer of said remainder tract, for the
southwest comer of the herein described tract;
7) THENCE, with the common boundary line of said 98.20 acres tract and said remainder
tract, N 17°12'06" W for a distance of 132.18 feet to the POINT OF BEGINNING,
containing 0.836 acres (36,401 square feet) of land, more or less.
There is also Temporary Construction Easement, being 35 feet north and easterly of and
parallel with courses 1 and 2, and 20 feet north of and parallel with course 3 of the above
metes and bounds description as depicted on the parcel plat and will encompass an area of
21,299 square feet.
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 Y HAND AND SEAL at Round Rock, Williamson County, Texas.
O/Z
M. Stephen Yruesdale Date
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor of
Inland Geodetics, L.P. "� •••""••• F
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1504 Chisholm Trail Road Suite 103 '�:Q * �o•�
Round Rock, TX 78681
M.STEPHEN TRUESDAIE
512-238-1200 '"»""'"""""""""""
�-;so 4933
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PLAT TO ACCOMPANY DESCRIPTION
NUMBER DELTA ANGLE CHORD DIRECTION RADIUS ARC LENGTH CHORD LENGTH
CI 83009, 08' N 68048'55' W 25.00' 36.28' 33.18' n
C2 01.23' 39' S 26032'20 E 2150.00 52.32' 52.32' 0 F�
C3 00.32' 07' S 25034'27 E 2150.00' 20.08' 20.08' N�
C4 04.54' 56' S 22.50'56' E 2150.00 184.45' 184.39'
C5 05027' 02' N 23.07'00• W 2150.00 204.53' 204.45' ; 1
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so o so 100 AVERY CENTRE DEVCO, INC. o—O
SCALE I• - 100' (REMAINDER OF 377.590 AC.) u'
ll
N0. 2008083894
0.P.R.W.C.T.
A q
\ TEMPORARY o�
CONSTRUCTION
\ EASEMENT 2
0.489 ACRE
21,299 SO. FT. j.
N?2\66.%0 o
\\NNN • i 9\ 30 C/
N 17012'060 W
35.00' --"- a A��SA+ N L= \ N 6i
N
5.00 �oNLOT
� /iN 6go363\ 1,Ip�3
P.O.B. -010. . �I BLOCK?A"
GRID COORDINATES a S ,yg3\
N=10179347.72 rz 0. 0 S 6g AUSTIN COMMUNITY
E=3137628.98 S.0', COLLEGE DISTRICT-ROUND ROCK
CAMPUS
TRACT I CAB. FF, SLOS. 339-341
0.836 ACRES P.R.W.C.T.
SBB HOLDINGS. LP PATE • 36,401 SO. FT.
(98.20 AC.) \'
DOC. NO. 2008021486
O.P.R.W.C.T.
aSURVEY.
Jr 3 t :< ABEL SAVE! 215
NOTES: ABSTRACT
1) ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE
SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES
BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD LEGEND
83, CENTRAL TEXAS ZONE. USING A COMBINED SURFACE _
ADJUSTMENT FACTOR OF 0.99987384. Q CALCULATED POINT
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE
REPORT. THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES • 1/2" IRON ROD FOUND
UPON THIS TRACT THAT ARE NOT DEPICTED HEREON. OF 0 CAPPED IRON ROD FOUND
•(
... -6'..F 0 IRON ROD SET WITH
AS SURVEYED BY: P;�p%STEp�'t-� PLASTIC CAP STAMPED "4933"
co; fL' PROPERTY LINE
•M.STEPHEN TRUESDALEN.NNN
p.R.W.C.T. PLAT RECORDS WILLIAMSON
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•4 493333 t:Q COUNTY, TEXAS
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M. STEPH N TRUES ALE DATE ��i�;FSs�O.0" O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 •$UFWILLIAMSON COUNTY, TEXAS
LICENSED STATE LAND SURVEYOR ( ) RECORD INFORMATION
INLAND GEODETICS, LP
FIRM REG NO. 100591-00
INLAND
GEODETICS TRACT 1
PRo�ssloNAL uND wrtv�roas 0.836 ACRE
tso4 OUNK ROCK.TX 86a 103 36,401 SQUARE FEET
PH.(5 1 21 236-200,FAX(512)238-12S1 PAGE 3 OF 3
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Title: PARCEL 1-2 BB-REV WE Date: 04-30-2012
Scale: 1 inch= 100 feet I File: PARCEL 1-2 BB-REV TCE.des
Tract 1: 0.489 Acres: 21299 Sq Feet:Closure=s57.5158w 0.00 Feet: Precision>1/999999: Perimeter= 1820 Feet
001=N17.1206W 35.00 CP 004=tt,,N69.3631E 621.00 CP 007=N20.2329W 95.02 IRF
002=N72.4754E 158.10 CP Bog�S25R3427E:Ch-20.08 Delta-0.3207 008=S72.4754W 125.00 IRF
003=S20.2329E 108.12 CP 006=S69.363I W 657.81 IRF
No Text
ROUNDROCK,TEXAS City Council Agenda Summary Sheet
PURPOSE.PASSION.PROSPERITY.
Agenda Item No. G6.
Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Avery
Centre DevCo, Inc. for the purchase of a 0.836 acre tract of land for the City's Reuse
Agenda Caption: Water Project, Phase IV-13 Elevated Storage Tank site.
Meeting Date: August 9, 2012 j
Department: Utilities and Environmental Service
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Staff Person making presentation: Michael Thane, P.E. j
Utilities and Environmental Services Director ?
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Item Summary:
The City needs to acquire this tract of land in order to construct a 1.25 million gallon Elevated Reuse Water Storage
Tank.With the completion of this Elevated Storage Tank, scheduled for June 2014, along with the 24" Reuse Water
Line,this will complete Phase II the current Reuse Water System.This will enable the City's Reuse Water System to
be fully functional, allowing the Reuse Water System pressure to float on the Elevated Reuse Water Storage Tank,
thus reducing the load on the Reuse Water high-service pumps and providing more consistent system pressure to
our Reuse Water customers.The Real Estate Contract between the City of Round Rock and Avery Centre DevCo, Inc.
pertains to a negotiated agreement and third-party property appraisal provided by the City, resulting in the cost of
$201,465 for this tract of land. I
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In addition,the City and Avery Centre DevCo, Inc. have negotiated a 24-month lease for a 0.489 acre tract of land,
based on a property appraisal provided by the City,to be used as a temporary easement during the construction of
the Reuse Water Line and the Elevated Storage Tank.The cost for the 24-month lease, beginning January 1, 2013, is
$26,632. `
$228,097 ($201,465 for tank site acquisition and $26,632 for temporary
Cost: construction easement)
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Source of Funds: Self-Financed Water Construction
Date of Public Hearing(if required): N/A
Recommended Action: Approval
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REAL ESTATE CONTRACT
This Real Estate Contract ("Contract") is entered into between AVERY CENTRE DEVCO,
INC., a Texas corporation ("Seller"), and the CITY OF ROUND ROCK, a Texas home-rule
municipal corporation("Buyer") upon the terms and conditions set forth as follows:
1. Purchase and Sale of Property
1.01 Seller sells and agrees to convey, and Buyer purchases and agrees to pay for,
approximately 0.836 acres of land located in Williamson County, Texas, being more particularly
described as Tract 1, outlined in red on Exhibit C, and in the Property Description attached
hereto and incorporated herein as Exhibit A.
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1.02 This sale and purchase includes all rights and appurtenances pertaining to the
Property, including any right, title, or interest of Seller in adjacent streets, alleys, or rights-of-
way, together with any improvements, fixtures, and personal property situated on and attached to
the Property.
1.03 The real property described above, and any rights or appurtenances are referred to
in this Contract as the "Property."
2. Sales Price
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2.01 Amount of Sales Price. The sales price for the Property shall be the sum of TWO
HUNDRED ONE THOUSAND, FOUR HUNDRED SIXTY-FIVE and NO/100 DOLLARS
($201,465.00) ("Sales Price"). The Sales Price also reflects the consideration for the proposed
Easements to be dedicated on the revised approved preliminary and final plat of College Park
North Subdivision as shown in the sketch attached hereto as Exhibit C.
2.02 Payment of Sales Price. The full amount of the Sales Price shall be payable in F
cash at the closing.
2.03 Additional Consideration. As additional consideration, Buyer agrees to provide, at
no cost to Seller, up to six connections to the Buyer's 16" reuse water main proposed to be
installed in the right-of-way of College Park Dr. from Avery Nelson
Blvd to the southeast corner of the Property. The location of the 16" reuse water main is shown
on Exhibit C, attached hereto and incorporated herein. The connections will be made to each
separate tract adjacent to College Park Dr., up to a maximum of six. The connections will consist ¢
of a service line from the 16" reuse water main to the boundary of College Park Drive right-of-
way and the adjoining tracts.
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3. Buyers Obligations
3.01 Conditions to Buyer's Obli atg ions. The Buyer's obligations under this Contract
are subject to the satisfaction of each of the following conditions (any of which may be waived
in whole or in part by Buyer at or before the closing).
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3.02 Preliminary Title Report. Within 30 days of the execution of this Contract, Seller,
at Seller's expense, will obtain from the Title Company a preliminary title report ("Title
Report"), accompanied by copies of all recorded documents relating to easements, rights-of-way,
etc., affecting the Property.
(A) Buyer will give Seller written notice on or before the expiration of 10 days
after Buyer receives the Title Report that the condition of title as set forth in the Title Report is
or is not satisfactory.
(B) In the event that Buyer states that the condition is not satisfactory, Seller
will promptly undertake to eliminate or modify all unacceptable matters to the reasonable
satisfaction of Buyer. In the event the Seller is unable to so within 10 days after receipt of written
notice, this Contract will be terminated and the Escrow Deposit will be returned by the Title
Company to Buyer. Otherwise, this condition will be deemed acceptable and any objection by
the Buyer will be deemed waived.
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3.03 Survey. Within 30 days from the date of this Contract, Buyer, at Buyer's expense,
may, at its option, obtain a current plat or survey of the Property, prepared by a licensed Texas
land surveyor selected by Seller.
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(A) The survey will be staked on the ground, and the plat will show the �
location of all improvements, highways, streets, streets, roads, railroads, rivers, creeks, and other
water courses, fences, easements, and rights-of-way on or adjacent to the Property and will
contain the surveyor's certification that there are no encroachments on the Property and will set
forth the total acreage of the Property, together with a metes and bounds description of Tract 1.
3.04 Seller's Full Compliance. Seller will have complied with all of the covenants,
agreements, and conditions required by this Contract by the closing date.
4. Representations and Warranties of Seller
Seller represents and warrants to Buyer, as of the closing date, as follows:
4.01 There are no parties in possession of any portion of the Property as lessees,
tenants at sufferance, or trespassers.
4.02 There is no pending or threatened condemnation or similar proceeding or
assessment affecting the Property, or any part of it, nor to the best knowledge of Seller is any
such proceeding or assessment contemplated by any governmental authority.
4.03 Seller has complied with all applicable laws, ordinances, regulations, and
restrictions relating to the Property, or any part of it.
4.04 Seller is not aware of any material physical defects to the Property.
4.05 Seller is not aware of any environmental hazards or conditions that affect the
Property.
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4.06 Seller is not aware that the Property is or has ever been used for the storage or
disposal of hazardous materials or toxic waste, or any underground tanks or containers.
4.07 Seller is not aware that radon, asbestos insulation or fireproofing, urea
formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature
now exist or have ever existed on the Property.
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5. Closing
5.01 Date and Location. The closing will be held at the office of Georgetown Title
Company ("Title Company"), located at 1717 N. Mays Street, Round Rock, Texas, on or before
September 30, 2012 ("Closing Date"), or at a time, date, and place agreed on by Seller and
Buyer.
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5.02 Sellers Responsibilities at Closing. At the closing Seller will:
(A) Deliver to Buyer a properly executed and acknowledged Special Warranty
Deed (the "Deed") conveying marketable title in fee simple to all of the Property, free of all
liens, encumbrances, conditions, easements, assessments, and restrictions, except for the
following:
(i) Any exceptions approved by Buyer in accordance with Section 3
of this Contract;
(ii) Any exceptions approved by Buyer in writing;
(iii) The existing and proposed public drainage and wastewater
easements shown on the preliminary plat of College Park North and on
Exhibit C attached hereto; and
(iv) Currently existing easements, covenants, conditions and
restrictions of record affecting the Property.
(B) Deliver to Buyer a Texas Owner's Title Policy, at Buyer's expense, issued
by the Title Company in Buyer's favor in the full amount of the Sales Price, insuring Buyer's fee
simple title to the Property subject to the title exceptions listed in herein, to any other exceptions
approved in writing by Buyer, and to those standard printed exceptions contained in the usual
form of Texas Owner's Title Policy, with the following exceptions:
(i) The boundary and survey exceptions will be deleted;
(ii) The exception as to restrictive covenants will be endorsed "None
of Record", except as noted; and
(iii) The exception as to the lien for taxes will be limited to the year of
closing and will be endorsed "Not Yet Due and Payable."
(C) Deliver to Buyer possession of the Property.
5.03 Buyer's Responsibilities at Closing. At the closing Buyer will pay Seller the Sales
Price.
5.04 Prorations. General real estate taxes for the current year relating to the Property,
interest on any existing indebtedness, rents, insurance, and utility charges, if any, will be
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prorated as of the Closing Date and will be adjusted in cash at the closing. If the closing occurs
before the tax rate has been fixed for the current year, the apportionment of taxes will be on the
basis of the tax rate for the preceding year applied to the latest assessed valuation. All special
taxes or assessments to the Closing Date will be paid by Seller, if any.
5.05 Apportionment of Costs. All costs and expenses of closing in consummating the
sale and purchase of the Property will be paid as follows:
(A) Owner's Title Policy paid by Seller. 4
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(B) Survey paid by Buyer.
(C) Deed,tax certificates, and title curative matters, if any, paid by Seller.
(D) All other closing costs to be paid by Buyer.
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(E) Attorney's fees paid by each respectively.
6. Escrow Deposit
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6.01 Purpose and Amount. For the purpose of securing the performance of Buyer
under the terms of this Contract, Buyer has delivered to an authorized escrow agent of the Title
Company, the sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) ("Escrow
Deposit"), which will be paid by the Title Company to Seller in the event Buyer breaches this
Contract as provided in Section 8 of this Contract.
6.02 Instructions at Closing. At the closing, the Escrow Deposit will be paid over to
Seller and applied to the sales price, provided however, that in the event the Buyer has given
written notice to the Title Company that one or more of the conditions to its obligations set forth
in Section 3 of this Contract have not been met, or, in the opinion of Buyer, cannot be satisfied,
as provided for in Section 3 of this Contract, then the Escrow Deposit will be immediately
returned by the Title Company to Buyer.
7. Breach by Seller.
7.01 Buyer's Rights in the Event of Breach by Seller. If Seller fails to fully and timely
perform any of its obligations under this Contract or fails to consummate the sale of the Property
for any reason (except for Buyer's default), Buyer will have the right to:
(A) Enforce specific performance of this Contract; or
(B) Request that the Escrow Deposit will be returned by the Title Company to
Buyer.
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8. Breach by Buyer
8.01 Seller's Rights in the Event of Breach by Buyer. In the event Buyer fails to
consummate the purchase of the Property, and if Seller is not in default under this Contract,
Seller will have the right to retrieve the Escrow Deposit from the Title Company.
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8.02 Liquidated Damages. If the Seller exercises its right to receive the Escrow
Deposit in the event of breach by Buyer, Seller agrees to accept this cash payment as total
damages and as Seller's only remedy under this Contract in the event of Buyer's default.
9. Lease of Additional Property
9.01 Seller agrees to lease to Buyer additional land consisting of approximately 0.489
acres of land located in Williamson County, Texas, being more particularly described as
Proposed "TCE" on Exhibit B and C, attached hereto and incorporated herein.
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9.02 The real property described above is referred to in this Contract as the "Lease
Property."
9.03 The Lease Property will be used by Buyer in the construction of an access road
and water storage tank of the Property.
9.04 At Closing, Seller will deliver to Buyer a properly executed Lease Agreement,
leasing the Lease Property to the Buyer. The Lease Agreement will be substantially in the form 4
of the Lease Agreement attached hereto as Exhibit B.
10. Miscellaneous Provisions
10.01 Assignment. This Contract is not assignable without the express written consent
of Seller.
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10.02 Survival of Covenants. Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the closing of the transactions contemplated by this Contract, will survive the
closing.
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10.03 Notice. 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 Buyer, as the case may be, at the address set forth in the
signature block below.
10.04 Texas Law to Apply. 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.
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10.05 Parties Bound. 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.
10.06 Legal Construction. In case any one or more of the provisions contained in this
Contract may for any reason be held to be invalid, illegal, or unenforceable in any respect, this
invalidity, illegality, or unenforceability will not affect any other provision hereof, and this
Contract will be construed as if the invalid, illegal, or unenforceable provision had never existed.
10.07 Prior Contracts Superseded. 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 of this Contract.
10.08 Time of Essence. Time is of the essence in this Contract.
9.09 Memorandum of Contract. Upon the request of either party, both parties will
promptly execute a memorandum of this Contract suitable for filing of record.
9.10 Compliance. In accordance with the requirements of Section 20 of the Texas Real
Estate License Act, Buyer is advised that it should be furnished with or obtain a policy of title
insurance, or Buyer should have the abstract covering the Property examined by an attorney of
Buyer's own selection.
9.11 Effective Date. This Contract shall be effective as of the date it is approved by the {
Round Rock City Council, which date is indicated beneath the Mayor's signature below. {
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9.12 Signature Warranty Clause. The signatories to this contract represent and warrant
that they have the authority to execute this Contract on behalf of Seller and Buyer, respectively.
9.13 Easements on Plat. Buyer recognizes that Seller will need to dedicate certain
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easements (the "Easements") for drainage and wastewater on the revised preliminary and final
plat of College Park North Subdivision (the "Plat") of which Tract 1 is a part. The consideration
paid for Tract 1 has been reduced by the Buyer in anticipation of such Easements being
dedicated on the Plat. The Buyer acknowledges the need for such Easements and agrees that
Seller may amend the Plat to show the location of such Easements on the Plat if and when such
Easements are needed by the Seller. The approximate location of the Easements-is shown on
Exhibit C attached hereto. This paragraph will survive the Closing and not be merged into any
documents executed at the Closing.
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The parties are signing this Contract on the dates indicated.
SELLER
Avery Centre DevCo, Inc.
By:
Jolfh Avery, r., its Presi nt
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BUYER
City of Round Rock, Texas
221 E. Main Street
Round Roc TX 78664
By: r '`
Alan McGraw, Mayor }'}
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Date: Z� I
Attest: For City, Approved as to Form:
Sara White, City Clerk Steptlan L. Sheets, City Attorney
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0.836 ACRE
TRACT 1 Page 1 of 3
EXHIBIT A
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PROPERTY DESCRIPTION {
DESCRIPTION OF A 0.836 ACRE (36,401 SQUARE FOOT), f;
TRACT OF LAND SITUATED IN THE ABEL EAVES SURVEY
ABSTRACT NO. 215, IN WILLIAMSON COUNTY, TEXAS, s
BEING A PORTION OF THE REMAINDER OF THAT CALLED l;
377.59 ACRE TRACT OF LAND CONVEYED TO AVERY I
CENTRE DEVCO, INC. BY INSTRUMENT RECORDED IN E
DOCUMENT NO. 2008083894 OF THE OFFICIAL PUBLIC F
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.836 f
F
ACRE(36,401 SQUARE FOOT)TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at an iron rod set with plastic cap stamped "4933", having grid coordinates of €
N=10179347.72, E=3137628.98, being in the easterly boundary line of that called 98.20 acre
tract of land conveyed to SBB Holdings, LP by instrument recorded in Document No.
2008021486 of the Official Public Records of Williamson County, Texas, same being in the
westerly boundary line of said remainder tract;
THENCE, departing the easterly boundary line of said 98.20 acre tract, and through the
interior of said remainder tract the following three (3) courses:
1) N 721147'54" E for a distance of 125.00 feet to an iron rod set with plastic cap stamped
"4933";
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2) S 20023'29" E for a distance of 95.02 feet to an iron rod set with plastic cap stamped f'
"4933";
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3) N 69°36'31" E for a distance of 657.81 feet to an iron rod set with plastic cap stamped
"4933" at the beginning of a non-tangent curve to the left, being in the existing westerly
right-of-way line of College Park Drive (right-of-way width varies), same being in the easterly
boundary line of said remainder tract, and from which a capped iron rod found stamped 'B.A."
being in said right-of-way line, same being in the easterly boundary line of said remainder
tract, bears along a curve to the right, having a delta angle of 05027'02", a radius of 2,150.00 .
feet, an arc length of 204.53 feet, and a chord which bears N 23007'00" W for a distance of
204.45 feet;
4) THENCE, with said westerly right-of-way line, same being the easterly boundary line of said
remainder tract, along said curve to the left, having a delta angle of 01023'39", a radius of ;
2,150.00 feet, an arc length of 52.32 feet, and a chord which bears S 26032'20" E for a
distance of 52.32 feet to a 1/2" iron found at the beginning of a non-tangent curve to the left, t
being the northeast corner of that Lot 2, Block A as depicted on the final plat of Austin
Community College District-Round Rock Campus by instrument recorded in Cabinet
FF, Slides 339-341 of the Plat Records of Williamson County, Texas, same being the
most southeasterly corner of said remainder tract, for the most southeasterly corner of the
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herein described tract;
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0.836 ACRE fr
TRACT 1 Page 2 of 3
THENCE, departing the westerly right-of-way line of said College Park Drive, with the 4
common boundary line of said Lot 2 and said remainder tract, the following two (2) courses:
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5) along said curve to the left, having a delta angle of 83009'08", a radius of 25.00 feet,
an arc length of 36.28 feet, and a chord which bears N 68048'55" W for a distance of
33.18 feet to a 112" iron found;
6) S 69036'31" W for a distance of 770.73 feet to a capped iron rod found stamped
"PATE", in the easterly boundary line of said 98.20 acres tract, being the northwest
corner of said Lot 2, same being the southwest corner of said remainder tract, for the
southwest corner of the herein described tract;
7) THENCE,with the common boundary fine of said 98.20 acres tract and said remainder
tract, N 17012'06" W for a distance of 132.18 feet to the POINT Of BEGINNING,
containing 0.836 acres(36,401 square feet) of land, more or less.
There is also Temporary Construction Easement, being 35 feet north and easterly of and
parallel with courses 1 and 2, and 20 feet north of and parallel with course 3 of the above
metes and bounds description as depicted on the parcel plat and will encompass an area of
21,299 square feet.
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All bearings recited herein are based on the Texas State Plane Coordinate System, E
Central Zone No. 4203, NAD 83.
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This property description is accompanied by a separate plat. t
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That 1, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify
that the above description is true and correct to the best of my knowledge and belief and j
that the property described herein was determined by a survey made on the ground under
my direction and supervision. {
WITNESS IMY HAND AND SEAL at Round Rock, Williamson County, Texas.
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M. Stephen ruesdale Date
Registered Professional Land Surveyor No. 4933 ,
Licensed State Land Surveyor OF
Inland Geodetics, L.P. -C�•"""'
1504 Chisholm Trail Road Suite 103 �oF
Round Rock, TX 78681 `
�.STEPHEN i?tJES&DAEIE
512-238-1200 ,..`..._............«"�
`�'p'••-. ....••
PLAT TO ACCOMPANY DESCRIPTION
NUMBERI DELTA ANGLE CHORD DIRECTION RADIUS ARC LENGTH CHORD LENGTH
Cl 83009' 08' N 68°48'55' W 25.00' 36.28' 33.18' n
C2 01°23' 39' S 26°32'20" E 2150.00' 52.32' 52.32' 0 ,c 4
C3 00032' 07' S 25034'27" E 2150.00' 20.08' 20.08' �' I
C4 04054' 56' S 22050'56' E 2150.00 184.45' 184.39' Cin $c
C5 05027' 02' N 23007'00" W 1 2150.00' 204.53' 204.45' 9
0 0
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} 50 o 50 Ioo AVERY CENTRE DEVCO, INC. �� _�
_ (REMAINDER OF 377.590 AC.)
SCALE I - 100' DOC. NO. 2008083894
0.P.R.W.C.T.
TEMPORARY .o
CONSTRUCTION
EASEMENT 2
0.489 ACRE L
21,299 SO. FT. y�n
oQ,I.cq" E y
N�Ztggl� 0 2t�0i
W \ �Nu� A "�5 8 30 Cf
N 17012'06" WI
N os 3 i �
35.00' — °AT`54� E � v 6
+ ` IM N ro E
N 1225 ap o° 'i/69°36 T�073
�r to N E
LOT 2
P.O.B. o Nifl� N .1( BLOCK "A"
GRID COORDINATES3t
N=10179347.72 F' 69°36 AUSTIN COMMUNITY
w � ,r
E=3137 347.7 mz S COLLEGE DISTRICT-ROUND ROCK
CAMPUS
f TRACT CAB. FF, SLDS. 339-341
0.836 ACRES P•R.W.C.T.
SBB HOLDINGS, LP PATE 36,401 S0. FT.
(98.20 AC.)
DOC. NO. 2008021486
O.P.R.W.C.T.
:k ES SUR 5Y
<. ABEL EAV
NOTES: ABSTR ACT O
1) ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE
SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES
BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD LEGEND
83, CENTRAL TEXAS ZONE, USING A COMBINED SURFACE
ADJUSTMENT FACTOR OF 0.99987384. Q CALCULATED POINT
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE 0 1/2" IRON ROD FOUND
REPORT. THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES
UPON THIS TRACT THAT ARE NOT DEPICTED HEREON. CAPPED IRON ROD FOUND
OF
�".•••«..h� O IRON ROD SET WITH
AS SURVEYED BY: 4�t':••`G�S T�fi�. PLASTIC CAP STAMPED "4933"
PROPERTY LINE
mot/
SCEPHENTWESDAL P.R.W.C.T. PLAT RECORDS WILLIAMSON
N mw,m•
i 933 ymM•M.c«H
'zol .0;.� � COUNTY, TEXAS
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' °EPss�°«'maQ O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
M. STEPH N TRUES ALE DATE tI Z``'•••••.•'✓�l�i WILLIAMSON COUNTY, TEXAS
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 SUR ( ) RECORD INFORMATION
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LP
FIRM REG NO. 100591-00
rSO4CHISHOLM
LAN[7 TRACT 1
DETICS
AL LAND SURVEYORS 0.836 ACRE
T7WLRD. sTE703 36,401 SQUARE FEET
ROCK,TX,78681. 200.FAX(512)2M-txst PAGE 3 OF 3
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Field Code Changed
TEMPORARY CONSTRUCTION LEASE
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THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That AVERY CENTRE DEVCO, INC., a Texas corporation (hereinafter referred to as
"Lessor"), for and in consideration of the payment of rent as described below paid by CITY OF
ROUND ROCK,TEXAS,its agents,contractors,successors and assigns,(hereinafter referred to
as"Lessee"), the receipt and sufficiency of which is hereby acknowledged,does hereby LEASE
to Lessee approximately 0.489 acres of land located in Williamson County, Texas, herein
referred to as the Property and as described in Exhibit "A" attached hereto for the purpose of
providing access for the construction and installation of the a water storage tank,access road and
related improvements,and related slopes,accessories and appurtenances and drainage within the i
adjacent right of way owned by the Lessee, hereinafter referred to as "the Improvements" and
any associated clearing or other use to facilitate the construction of the Improvements in, along,
upon and across the Property as necessary to complete the construction of the improvements.
I. Term
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Unless extended at the option of the Lessee,the term of this Lease shall be for 24 months
beginning on January 1,2013 and ending December 31, 2014.At the option of Lessee and upon
the payment of additional rent as provided herein,the term of this Lease may be extended on a
month-to-month basis until December 31,2015.
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2. Rent
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The rent shall be$26,632 paid in advance for the 24 month term of this lease.Thereafter,
if Lessee wishes to exercise its option to extend the term of this Lease,Lessee shall pay the sum i
of$1,479.58 on or before the 5 1 day of the month for each month that Lessee wishes to extend.
3. Purpose
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Lessee shall have the right and privilege at any and all times to enter said premises, or
any part thereof, for the purpose of construction and maintenance of the Improvements; all upon
the condition that upon completion of construction of the Improvements within the adjacent right j
of way, Lessee shall repair and restore the surface of said premises as nearly as is reasonably
possible to the condition which the Property was in before the work was undertaken.
4. Indemnification !
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Lessee hereby covenants and agrees,to the extent allowed by law,Lessee shall indemnify
Lessor against any loss and damage which shall be caused by the exercise of the rights of ingress
and egress or by any wrongful or negligent act or omission of Lessee's agents or employees in
the course of their employment.
00252280
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5. Miscellaneous
A. Venue. Exclusive venue is in Williamson County,Texas.
B. Entire Agreement. This Lease is the entire agreement of the parties,and there are
no oral representations,warranties,agreements,or promises pertaining to this lease or to any 1
expressly mentioned exhibits and riders not incorporated in writing in this lease.
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C. Amendment of Lease. This lease may be amended only by an instrument in
writing signed by Lessor and Lessee.
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IJ. (ermination of Lease Document. If this Lease is.i;iled of record upon termination.
ofthis Lease the Lessee a reel to promptly execute a termination of lease document in i
recordable torn and deliver same to Lessor for filing of record in the Williamson Countv Real
Property Records.
LESSOR:
AVERY CENTRE DEVCO,INC.
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By:
John S.Avery,Sr.,its President
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LESSEE:
CITY OF ROUND ROCK
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By:
Alan McGraw,Mayor
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ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
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This instrument was acknowledged before me on this the day of
2012 by John S. Avery, Sr., President of Avery Centre DevCo, Inc. for
the purposes and consideration recited herein.
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Notary Public, State of Texas
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STATE OF TEXAS §
COUNTY OF WILLIAMSON §
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This instrument was acknowledged before me on this the day of
2012 by Alan McGraw, Mayor of the City of Round Rock for the
purposes and consideration recited herein.
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Notary Public, State of Texas
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Title: PARCEL 1-2 BB-REV TCE Date: 04-30-2012
Scale: 1 inch= 100 feet I File: PARCEL 1-2 BB-REV TCE.des
Tract 1: 0.489 Acres: 21299 Sq Feet:Closure=s57.5158w 0.00 Feet: Precision>1?999999: Perimeter 1820 Feet
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001=N17.1206W 35.00 CP 004=N69.363 I E 621.00 CP 007=N20.2329W 95.02 IRF
005:U R 15O.:�->>.08.cxlta-0.3207 008=S72.4754W 125.00 IRF
00 N7 .4754E 158.10 CP Bng s?i 4'7E.Ctia_0.08
003=S20.2329E 108.12 CP 006=S69.363I W 657.81 IRF
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LS 2012076601
4 PGS
TEMPORARY CONSTRUCTION LEASE
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That AVERY CENTRE DEVCO, INC., a Texas corporation (hereinafter referred to as
"Lessor"), for and in consideration of the payment of rent as described below paid by CITY OF
ROUND ROCK, TEXAS, its agents, contractors, successors and assigns, (hereinafter referred to
as "Lessee"), the receipt and sufficiency of which is hereby acknowledged, does hereby LEASE
to Lessee approximately 0.489 acres of land located in Williamson County, Texas, herein
referred to as the Property and as described in Exhibit "A" attached hereto for the purpose of
providing access for the construction and installation of the a water storage tank, access road and
related improvements, and related slopes, accessories and appurtenances and drainage within the
adjacent right of way owned by the Lessee, hereinafter referred to as "the Improvements" and
any associated clearing or other use to facilitate the construction of the Improvements in, along,
upon and across the Property as necessary to complete the construction of the improvements.
1. Term
Unless extended at the option of the Lessee, the term of this Lease shall be for 24 months
beginning on January 1, 2013 and ending December 31, 2014. At the option of Lessee and upon
the payment of additional rent as provided herein, the term of this Lease may be extended on a
month-to-month basis until December 31, 2015.
2. Rent
1
The rent shall be $26,632 paid in advance for the 24 month term of this lease. Thereafter, I
if Lessee wishes to exercise its option to extend the term of this Lease, Lessee shall pay the sum
of$1,479.58 on or before the 5th day of the month for each month that Lessee wishes to extend.
3. Purpose
Lessee shall have the right and privilege at any and all times to enter said premises, or
any part thereof, for the purpose of construction and maintenance of the Improvements; all upon
the condition that upon completion of construction of the Improvements within the adjacent right
of way, Lessee shall repair and restore the surface of said premises as nearly as is reasonably
possible to the condition which the Property was in before the work was undertaken.
4. Indemnification
Lessee hereby covenants and agrees, to the extent allowed by law, Lessee shall indemnify
Lessor against any loss and damage which shall be caused by the exercise of the rights of ingress
and egress or by any wrongful or negligent act or omission of Lessee's agents or employees in
the course of their employment.
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5. Miscellaneous
A. Venue. Exclusive venue is in Williamson County, Texas.
B. Entire Agreement. This Lease is the entire agreement of the parties, and there are
no oral representations, warranties, agreements, or promises pertaining to this lease or to any
expressly mentioned exhibits and riders not incorporated in writing in this lease.
C. Amendment of Lease. This lease may be amended only by an instrument in
writing signed by Lessor and Lessee.
D. Termination of Lease Document. If this Lease is filed of record, upon termination
of this Lease, the Lessee agrees to promptly execute a termination of lease document in
recordable form and deliver same to Lessor for filing of record in the Williamson County Real
Property Records.
LESSOR:
AVERY CENTRE DEVCO, INC.
By: .
J S. Avery, Sr., its sident.
LESSEE:
CITY OF ROUND ROCK
BrK /L,y:
A an McGraw, Mayor
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ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the Q9 day of
AIAOL15-�- , 2012 by John S. Avery, Sr., President of Avery Centre DevCo, Inc. for
the purposes and consideration recited herein.
.. *: TERRI WOODMANCY Notary Public, State of Texas
a MY COMMISSION EXPIRES
March 27,2013
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the ] day of
2012 by Alan McGraw, Mayor of the City of Round Rock for the
purposes and consideration recited herein.
SARA LEIGH WHITE
' MY COMMISSION EXPIRES Notary Public, State of Texas
,ply 11,2016
3
• PLAT TO ACCOMPANY DESCRIPTION
NUMBERDELTA ANGLE CHORD DIRECTION RADIUS ARC LENGTH CHORD LENGTH
Cf 83°O9' 08' N 68°48'55' W 25.00' 36.28`
C2 OI°23' 39' S 26032'20" E 2150.00' 33.18' �}
C3 00°32' 07' S 25°34'27" E 52,32' 52.32' r�S
2150.00' 20.08'
C4 04°54' S6' S 22°50'56" E 2150.00' 184.45'
CS 05°27' 02' N 23°07'00" W 2150A0' 244.53' 184.39'
50 0 50 100 CTS l�
- -� AVERY CENTRE DE VCO, INC. B o j
SCALE f" = 100' (REMAINDER OF 377.590 AC ) zy
DOC. N0. 2008083894 c A
O.P.R. W.C. T.
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"TEMPORARY
CONSTRUCTION L`RSG
C-M& 4; A it
0.489 ACRE
5An 2!,299 S0. FT.
` N 2158.10` - ra 0
2
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N 17012'06" W ' N X657 61 30 Cl
35.00'
N 72° o � �
Z `250 N� /N r 0,5
P.O.B. y � LOT 2
GRID COORDINATES °
N=10179347.72 N. sn °363` BLOCK
E=313762$.98 s 69 AUSTIN COMMuNiTY
COLLEGE DISTR€CT-ROUND ROC.K
CAMP,JS
TRACT i CAB. FF, SLDS 339-34€
S88 HOLDINGS, LP PATE •
0.836 ACRES P R.W.0
(9a.20 AC.) 36,401 S0. FT.
DOC, NO. 2008021486
O.P.R.W.C.T
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NOTES: ABED-- EAVES IS`�21�'
I) ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE
AB AC 1
SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES
BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD
83. CENTRAL TEXAS ZONE, USING A COMBINED SURFACE LEGEND
ADJUSTMENT FACTOR OF 0.99987384. ! #
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE CALCULATED POINT
REPORT. THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES
UPON THIS TRACT THAT ARE NOT DEPICTED HEREON. I/2" IRON R0D FOUND
;;gym O CAPPED IRON ROD FOUND
AS SURVEYED BY: IRON ROD SET WITH
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PLASTIC CAP STAMPED "4933" i
PROPERTY LINE gg:
P.R.W.C.T PLAT RECORDS WILLIAMSON
€ <� COUNTY, TEXAS
M STEPHEN TRUESbALE 1
DATE ' : .��r=`
REGIS T ERED PROFESSIONAL LAND SURVEYOR N0. 4933 0"P.R. /.C.T" OFFICIAL PUBLIC RECORDS
`j # WILLIAMSON COUNTY. E,
�10ENSED STATE LAND SURVEYOR ` 1 T�kAS
NLAND GEODETICS. LP ) RECORD INFORMATION
FIRM REG NO. 100591-00 .
iNLAN �
� . GEODETICS a TRACT
PROFESSIONAL LAND SURVEYOR$ $�{ ACRE _
�. 1504 CHISHOLM TRAIL RD. STE.103
ROUNDROCK,TX.78681 �J(T �. SQUARE FEET L G A5 l In
Ptl.(5123 236-1260,fAX(S12)238-1251 ( � el
PAGE 3 OF 3
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2012076601
09/17/2012 04:09 PM
s
CPHELPS $28.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
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CITY OF ROUND ROCK
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ROUND ROCK, TX 78664
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