CM-2018-1672 - 3/30/2018REAL ESTATE CONTRACT
University Boulevard Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between BAEV-
LASALLE ROUND ROCK UNIVERSITY BOULEVARD LLC, a Delaware limited liability
company, (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:
All of that certain 0.012 acre (537 square foot) tract of land out of and situated in
the Ephraim Evans Survey, Abstract No. 212 in Williamson County, Texas; being
more fully described in Exhibit "A", attached hereto and incorporated herein
(Parcel 2 ;
together with all and singular the rights and appurtenances pertaining to the property, including
any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such
real property, rights, and appurtenances being referred to in this Contract as the "Property"), and
any improvements and fixtures situated on and attached to the Property described in Exhibits "A-
B" not otherwise retained by Seller, for the consideration and upon and subject to the terms,
provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the Property described in Exhibit "A", compensation for any
improvements on the Property, and for any damage or cost of cure for the reconfiguration of the
remaining property of Seller shall be the sum of SEVEN THOUSAND ONE HUNDRED
FORTY-SEVEN and 001100 Dollars ($7,147.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the CIosing.
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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).
Miscellaneous Conditions
3.02. 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
4.01. Seller hereby represents and warrants to Purchaser as follows, which representations
and warranties shall be deemed made by Seiler to Purchaser also as of the Closing Date, to the
best of Seller's knowledge:
(a) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than previously disclosed to Purchaser;
(b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof;
4.02. The Proverty herein is being conveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
CIosing Date
5.01. The Closing shall be held at the office of Capital Title Company on or before April
30, 2018, or at such time, date, and place as Seiler 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 or in the contract (which date is herein referred to as the "Closing Date"). The
parties' respective obligations to proceed to Closing under this Contract are contingent on the
delivery of a recordable instrument, executed by the beneficiary under any mortgage or security
instrument encumbering the Property (a "Mortgage"), releasing the lien of such Mortgage as to
the Property only.
Seller's Oblieations at Closing
5.02. At the Closing Seller shall:
(1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Deed
conveying title in fee simple to all of the Property described in Exhibit "A", free and clear
of any mortgage liens and/or leases.
(2) The Deed shall be in the form as shown in Exhibit "B" attached hereto.
(3) 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
Grantee's fee simple and/or easement interests in and to the Property subject only to those title
exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and
the standard printed exceptions contained in the usual form of Texas Owner's Title Policy,
provided, however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record", if applicable; and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Payable".
(4) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the Purchase Price.
Prorations
5.04. 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.
Agricultural roll -back taxes, if any, shall be paid by Purchaser.
3
Closing Costs
5.05. All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
(1) Owner's Title Policy and survey to be paid by Purchaser.
(2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
ARTICLE VI
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations hereunder or
shall fail to consummate the sale of the Property for any reason, except Purchaser's default,
Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow
Deposit, if any, shall be forthwith returned by the title company to Purchaser.
ARTICLE VII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages
for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by
the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment
as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow
Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any
failure by Purchaser.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Analy
8.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior A reements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
8.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Effective Date
8.10 This Contract shall be effective as of the date it is approved by the Round Rock city
council or city manager, which date is indicated beneath the Mayor's or City Manager's signature
below.
Counterparts
8.11 This Contract may be executed in any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered
effective as originals for purposes of this Contract.
[slgnaha-e page follows]
SELLER:
Baev-Lasalle Round Rock University Boulevard LLC,
a Delaware limited liability company
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PURCHASER:
CITY OF ROUND ROCK, TEXAS
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Address: 221 East Main St.
Round Rock, Texas 78664
SELLER:
Baev-Lasalle Round Rock University Boulevard LLC, Address:
a Delaware limited liability company
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Date:
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PURCHASER:
CITY OF ROUND ROCK, TEXAS
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Address: 221 East Main St.
Round Rock, Texas 78664
EXHIBIT "A"
Variable Width Right -of -Way Acquisition
METES AND BOUNDS DESCRIPTION
OF A
0.012 ACRE TRACT OF LAND
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0.012 ACRE (537 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS;
SAID 0.012 ACRE TRACT BEING A PORTION OF LOT 4, BLOCK A, UNIVERSITY
COMMONS, FILED ON SEPTEMBER 30, 2013, AND RECORDED IN DOCUMENT NO.
2013093282 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS
(O.P.R.W.C.T.); SAID 0.012 ACRE TRACT ALSO BEING A PORTION OF LOT 4
DESCRIBED IN A SPECIAL WARRANTY DEED TO BAEV-LASALLE ROUND ROCK
UNIVERSITY BOULEVARD LLC, FILED ON JULY 24, 2014, AND RECORDED IN
DOCUMENT NO. 2014058162 OF THE O.P.R.W.C.T.; SAID 0.012 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a found 112 -inch iron rod with plastic yellow cap stamped "Bury" for the common most
easterly southeast corner of said Lot 4 and the northeast corner of Lot 3A, Block A, Replat of Chandler
Road Retail Subdivision Section One, filed on April 9, 2007, and recorded in Cabinet DD, Slides 72-73 of
the Plat Records of Williamson County, Texas, being on the west Iine of Lot 3, Block A, of said
University Commons, for the southeast corner of the herein described tract;
THENCE South 69° 16' 50" West, with the common southerly line of said Lot 4 and the northerly line of
said Lot 3A, a distance of 10.05 feet to set 112 -inch iron rod with aluminum cap stamped "CORR ROW'
for the southwest corner of the herein described tract, from which a found 1124nch iron rod with plastic
yellow cap stamped "Bury" for the northwest corner of said Lot 3A bears, South 69° 16' 50" West, a
distance of 205.43 feet;
THENCE traveling across the interior of said Lot 4, the following two calls:
1) North 20° 42' 30" West, a distance of 53.55 feet to a cut "X" set for the northwest corner of the
herein described tract;
2) North 69° 11' 27" East, a distance of 10.04 feet to a set 112 -inch iron rod with aluminum cap stamped
"CORR ROW" on the common easterly line of said Lot 4 and the westerly line of said Lot 3, for the
northeast corner of the herein described tract;
Page I of 3
Exhibit "A" continued
Description of a 0.412 acre tract
THENCE South 201 43' 10" East, with the common easterly Iine of said Lot 4 and the westerly line of
said Lot 3, a distance of 53.55 feet to the POINT OF BEGINNING of the herein described tract,
delineating and encompassing within the metes recited 0.012 acre (537 square feet) of land, more or less,
based on the survey and exhibit drawing made by The Wallace Group, A CP&Y Company, Round Rock.
Texas in 2015.
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone —
NAD 83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
This metes and bounds description is accompanied by an exhibit drawing.
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL MEN BY THESE PRESENTS:
That 1, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4855 attached hereto is true and correct to the best of my knowledge
and belief and that the property described herein was determined by a survey made on the ground under
my direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
�Fl
anieI M. aherty, R.P.L.S. No. 5004
The Wallace Group, A CP&Y Company
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0055
TBPLS Firm No. 10051701
See attached Plat No. A-1855
22824 -FN 16.doc
Page 2 of 3
INTEL M. FLAHE
9 5004
10-08-2015
Date
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6
EXHIBIT "A "
(VARIABLE WIDTH RIGHT OF- WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 0.012 ACRE (537 SQ. FT.) TRACT OF LAND
IN THE CITY OF ROUND ROCK,, WILLIAMSON COUNTY, TEXAS
LOT 4
BAEV—LASALLE ROUND ROCK
BLOCK A
UNIVERSITY BOULEVARD LLC
DOC, NO. 20140SM52
UNIVERSITY COMMONS
O.P.R.W.C.T.
DOC, NO. 2013093282
FILED;JULY 24. 2014
O.P.R.KC.T.
FTLED: SEPTEMBER 30. 2(13
N 69'11'27' E — 110.04!—
0.04—
CUT
CUT "X" SETS,
PROPOSED R.O.W. LINE -�
N 20.42'30' W
� Ate �0•
53.55•
S 69'15'50' W - 205.43' t�
S 89116'50' W 10.05•
LOT 3A
BLOCK A
LOT 4
REPLAT OF CHANDLER ROAD
BLOCK A
RETAL SUBDIVISION SECTION ONE
CAB. DD. SLD. 72--73
P.R.W.C.T.
FILED: APRIL 9, 2007
EXISTING R.O.W. LINE
LOT 3
BLOCK A
UNIVERSITY COMMONS
DOC. NO. 2D13D932B2
O. P. R. W. r- T.
FILED: SEPTEMBER 30, 2013
VARIABLE WIDTH R.O.W. ACOUISIMON
0.012 ACRE (537 SQ FT.) _
20.43'16' E
53.55'
FIELD NOTE
POINT OF
BEGINNING
LOT 2
LOT 3 BLOCK A
BLOCK A UNIVERSITY COMMONS
DOC. N0. 2013093252
O.P.R.W.C.T.
FILED: SEPTEMBER 30, 2013
UNIVERSITY BOULEVARD
(YAmABLE WIDTH RO.W.)
GENERAL NOTES:
1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS. EASEMENTS AND
CONDITIONS THAT MAY BE APPLICABLE.
3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.
4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION.
5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM
(CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS
COOPERATIVE CORS RTX NETWORK.
'V TH E WALLACE
engineers architect!
A CP Y COMPANY
WACO KILLEEN DALLAS
701 1 Chisholm TraiL Suite 13M Round Rock. Tej
EXISTING R.O.W. LINE
LEGEND
SCALE: 1 " = 100'
• e FOUND 1/2' IRON ROD WITH PLASTIC
YELLOW CAP STAMPED "BURY'
0- SET 1/2' IRON ROD WITH ALUMINUM CAP STAMPED
"CORR ROW" UNLESS OTHERWISE NOTED
e CALCULATED POINT
P.R.W.C.T. a PLAT RECORDS, WILLIAMSON COUNTY, TEXAS
O.R.W.C.T. - DEED RECORDS, WILLIAMSON COUNTY, TEXAS
O.R.W.QT. - OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS
O.P.R.W.C.T. - OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS
GROUP
surveyors
ROUND ROCK
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR U
SURVEYS IN THE STATE OF TEXAS. THIS TiJ- F Y $7N DAY OF OCT08ER _ 2015.
I�
2015
SURVEYED: OCTOBER, 2014 aANIEL M. FLAHERTY RP I.S NQ-. 5 3 OF 3
0 0 00 PLAT NO. A-4855 DRAFT DATE 10-08-2015
DRAWN BY TAB
SCALE WORK ORDER NO. 22824 FlELDBOOK/PG. 190/35 TAB # _A-4855
® 2015 ALL RIGHTS RESERVED DIGITAL FILE 22824R -PARCELS F/N # 23824-FNI S
EXHIBIT "B"
Parcel 2
DEED
University Boulevard Right of Way
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 IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That BAEV-LASALLE ROUND ROCK UNIVERSITY BOULEVARD LLC, a Delaware
limited liability company, 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 City of Round Rock, Texas, the 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 CITY OF ROUND
ROCK, TEXAS, all that certain tract or parcel of land lying and being situated in the County of
Williamson, State of Texas, along with any improvements thereon, being more particularly
described as follows:
All of that certain 0.012 acre (537 square foot) tract in the Ephraim Evans Survey,
Abstract No. 212, Williamson County, Texas; being more fully described by metes and
bounds in Exhibit "A", attached hereto and incorporated herein Parcel 2
SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is
retaining title to the following improvements located on the property described in said Exhibit
"A" to wit: NONE
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Visible and apparent easements not appearing of record;
Any discrepancies, conflicts, or shortages in area or boundary lines or any
encroachments or any overlapping of improvements which a current survey would show;
Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral
severances, and encumbrances for taxes and assessments (other than liens and conveyances)
presently of record in the Official Public Records of Williamson County, Texas, that affect the
property, but only to the extent that said items are still valid and in force and effect at this time.
00378146.boC
Grantor reserves all of the oil, gas and other minerals in and under the land herein conveyed but
waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing,
mining or drilling or pumping the same; provided, however, that operations for exploration or recovery
of any such minerals shall be permissible so long as all surface operations in connection therewith are
located at a point outside the acquired parcel and upon the condition that none of such operations shall
be conducted so near the surface of said land as to interfere with the intended use thereof or in any way
interfere with, jeopardize, or endanger the facilities of the City of Round Rock, Texas or create a hazard
to the public users thereof; it being intended, however, that nothing in this reservation shall affect the
title and the rights of Grantee to take and use without additional compensation any, stone, earth, gravel,
caliche, iron ore, gravel or any other road building material upon, in and under said land for the
construction and maintenance of University Boulevard.
TO HAVE AND TO HOLD the property herein described and herein conveyed together with
all and singular the rights and appurtenances thereto in any wise belonging unto City of Round
Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all and singular the said
premises herein conveyed unto City of Round Rock, Texas and its assigns against every person
whomsoever Iawfully claiming or to claim the same or any part thereof.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of ,
2017.
GRANTOR:
Baev-Lasalle Round Rock University Boulevard LLC,
a Delaware limited liability company
Printed Name:
Its:
ACKNOWLEDGMENT
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on this the day of ,
2017 by in the capacity and for the purposes and consideration
recited therein.
Notary Public, State of _
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Manager
221 Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
.i.
- City of Round Rock
IROUNDROCK
T ;.r., Agenda Item Summary
Agenda Number:
Title: Consider executing a Real Estate Contract with Baev-Lasalle Round Rock
University Boulevard LLC for the acquisition of a 0.012 acre tract of land
required for construction of proposed improvements to the University
Boulevard Project (Parcel 2).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3130/2018
Dept Director: Gary Hudder
Cost: $7,147.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: 00397967.PDF, 00398124.pdf
Department: Transportation Department
Text of legislative File CM -2018-1672
Consider executing a Real Estate Contract with Baev-Lasalle Round Rock University
Boulevard LLC for the acquisition of a 0.012 acre tract of land required for construction of
proposed improvements to the University Boulevard Project (Parcel 2).
The proposed contract price is equal to the City's appraised value for the property
acquisition.
Cost: $7,147.00
Source of Funds: RR Transportation and Economic Development Corporation
City or Round Rock Page f Printed on 312912018