R-2014-1354 - 4/24/2014RESOLUTION NO. R-2014-1354
WHEREAS, the City desires to purchase property located at 212 Round Rock Avenue,
described as Lots 5, 6, and 7, Block Twenty -Three, required for the Southwest Downtown Phase 5
Project, and
WHEREAS, Georgetown Title Company, 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 Georgetown Title Company, 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 24th day of April, 2014.
Orn
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
/IL
SARA L. HITE, City Clerk
01 12.1304, 00296622
EXHIBIT
„A„
REAL ESTATE CONTRACT
212 Round Rock Avenue
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between
GEORGETOWN TITLE COMPANY, (referred to in this Contract as "Seller") 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:
Lot No. Five (5), Lot No. Six (6), and Lot No. Seven (7), Block Twenty -Three
(23), a subdivision in Williamson County, Texas, according to the map or plat
thereof of record in Volume 2, Page 36, Plat Records of Williamson County,
Texas, being that same tract conveyed to Georgetown Title Company by that
certain Warranty Deed with Vendor's Lien recorded in Volume 682, Page 213 of
the Deed Records of Williamson County, Texas, the same being described in
Exhibit "A", attached hereto and incorporated herein for all purposes.
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 Exhibit "A",
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" and the acquisition of
any improvements on the Property shall be the sum of THREE HUNDRED THOUSAND and
00/100 Dollars ($300,000.00) (the "Purchase Price"). As consideration for the execution of that
certain Possession and Use Agreement between the parties recorded in Document No.
2013113424 of the Real Property Records of Williamson County, Texas, Purchaser has previously
paid to Seller the amount of $252,000.00 for use of the Property. Therefore, the amount of the
GEORGETOWN TITLE --real estate contract for 212 RR Ave (00296056xA08F8).doc
final Purchase Price due and owing at Closing shall be FORTY-EIGHT THOUSAND and
00/100 dollars ($48,000.00).
Payment of Purchase Price
2.02. The Purchase Price 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).
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 Seller 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 Property herein is being conveyed to Purchaser under threat of condemnation.
2
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Texas American Title Company on or
before the 30th day from the Effective Date, as defined below, 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 or in the contract (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 the City of Round Rock, Texas a duly executed and acknowledged Warranty
Deed conveying good and indefeasible title in fee simple to all of the Property described in
Exhibit "A", free and clear of any and all liens and restrictions, 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) 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".
(3) Deliver to Purchaser possession of the Property.
3
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.
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.
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
4
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 Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
8.06. Time is of the essence in this Contract.
5
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, which date is indicated beneath the Mayor'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.
SELLER:
Georgetown Title Company, Inc.
By: Address: 702 Rock Street
Mike Cumberland, President Georgetown, Texas 78626
Date:
6
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
Date:
7
Address: 221 East Main St.
Round Rock, Texas 78664
•
NOTICE
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Prepared by ihr Stair Bar of Texas for use by Lawyers only.
To Aker the mope lonn, fill In blank meat, spar aur lam provisions or tam
'prrYl seams consent's: rhe make of kw. No "wended Donn" ww NW ell t�
rayuiem:n'c 682 PAGE213
WARRANTY DEED WITH VENDOR'S LIEN
THE STATE OF TEXAS
COUNTY OF WILLIAMS. ON
2544
That FRANKLIN SAVINGS ASSOCIATION
}
KNOW ALL MEN BY THESE PRESENTS:
of the County of Travis and State of Tis for and
In consideration of the sum of Ten and No/100 DOLLARS
and other valuable eonsideration to the undersigned paid by the grantee herein named, the receipt of
which is hereby acknowledged, and the further consideration of the execution and delivery by
grantee of its one certain promissory note of even date herewith, in the principal
sum of Thirty -Seven Thousand Six Hundred Dollars (37,600.00), payable to the order
of grantor in monthly inetallmenta and bearing interest as therein provided, containing
the usual clauses providing for acceleration of maturity and for attorney's fees.
the payment of which note is secured by the vendor's lien herein retained, And Is additionally secured by a deed of
trust of even date herewith to Charles A. Betts Trustee,
have GRANTED, SOLD AND CONVEYED, arid by these presents do GRANT, SELL AND CONVEY unto
GEORGETOWN TITLE CO., INC.
of the County of Williamson
property in Williamson
and Stale of Texas
County, Texas, to -wit:
. ell of the following described real
Austin Data Inc. GT ADI11555 WM 1977002544.001
P434 1 bf2_
a; Nce .682 PAGE 211
Lot No. Five (3), Lot No. Six (6), and
Lot No. Seven (7), Block Twenty -Three (23),
a subdivision in Williamson County, Texas,
i according to the map or plat thereof of record -
•
in Volume 2, Page 36, Plat Records of Williamson
County, Texas
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and
appurtenances thereto Qanywise belonging unto the said grantee , its successors 'Oland assigns
and assigns
forever; end it do/hereby bind itself, ite successors/
WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee , its
heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof, by, through or under it but not otherwise.
But it is expressly agreed that the VENDOR'S LIEN, as well as the Superior Title in and to the above
described premises, is retained against the above described property, premises and improvements until the above
described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof,
when this Deed shall become absolute.
This conveyance is made expressly subject to all easenenta'and valid restrictions
of record in the Office of she County Clark of Williamson County, Texas, affecting the
title to the above described property.
EXECUTED this
y THE STATE OF TEXAS t
t. COUNTY OF „WILLIpSSON f /gyp t
8efofe d;t iheul4 `hsd authority, on this day personally appealed erre F' 1.15 A • Rt r rs .
d �.., of f,tiiiet /,t/ ..SA•4//,1/(_S .5".5-490 /147,0,1
�es�o6h
a torporlilloA ;.kfioiJp:te•meto 'be the person whoa name b wbattibed to the foregoing insenimem, a d acknowledged tome that
he exeeutea the dine for the purposes ana consideration therein expressed, in the capacity therein 'rated and as the act and deed of
'Nd rorporatiopn:=
Given under jiiX taha and seal of office on this the 8 • day of Sep - ^bei A. D.1977
day of September
.. 1'1..411,411.(sAVlxi~js. Ass
,A.D.1977
efIes A. Betts, President
(Corporate acknowledgment)
THE STATE OF TE A8 C •
County of Wlllls n M J" tZ yIek Cervenka. Clerk of OW County Court of 'old County, do hereby certify
Diet Ole fongoing' Inlrumant'tn wdtina%Ith Its certificate of authentication, wee tiled for record In my office
on the.gay of....li.Q tr.....,5r......6. II. it 77 st 2 t00 crouch .._p..54., and dub recorded this
tn......_..9kh...�ayY of sept.‘ . D. le....77, at......... Q 4 30 'mock A .as., In u,............ _................ _.
;�
Oiled. .cG..._..r ._.._.._.._.._ `v Raoorde of said Connie, M Vol 6.07 pp........213..........
L
WITjnner,/N4MD 'antra the County Court of aid County, at office In 0wrgetewn, 7exu,
- luf MKi
DICK CERVENKA. CLERK,
County Court Wwtamaon County, Texas
Austin Data Inc. GT ADI11555 WM 1977002544.002
GENERAL WARRANTY DEED
Round Rock Avenue
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.
Date:
Grantor: Georgetown Title Company
Grantor's Mailing Address (including county):
702 Rock Street
Georgetown, Texas
Williamson County
Grantee: CITY OF ROUND ROCK, TEXAS
Grantee's Mailing Address (including county):
Attn: City Manager
221 East Main Street
Round Rock, Texas 78664
Williamson County
CONSIDERATION: TEN AND NO/100 DOLLARS and other good and valuable
consideration.
PROPERTY (including any improvements):
Lot No. Five (5), Lot No. Six (6), and Lot No. Seven (7), Block Twenty -Three
(23), a subdivision in Williamson County, Texas, according to the map or plat
thereof of record in Volume 2, Page 36, Plat Records of Williamson County,
Texas, being that same tract conveyed to Georgetown Title Company by that
certain Warranty Deed with Vendor's Lien recorded in Volume 682, Page 213 of
the Deed Records of Williamson County, Texas.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements, rights-of-way, and prescriptive rights, whether of record or not; 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; any
00296047.doc/jmr
EXHIBIT B
encroachments or overlapping of improvements; and taxes after the date of this deed, the
payment of which Grantee assumes.
Grantor, for the consideration, receipt of which is acknowledged, and subject to the
reservations from and exceptions to conveyance and warranty, grants, sells and conveys to
Grantee the property, together with all and singular the rights and appurtenances thereto in
anywise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators,
successors or assigns forever. Grantor's heirs, executors, administrators and successors are hereby
bound to warrant and forever defend all and singular the property to Grantee and Grantee's heirs,
executors, administrators, successors and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof, except as to the reservations from and
exceptions to conveyance and warranty.
This deed is being delivered in lieu of condemnation.
When the context requires, singular nouns and pronouns include the plural.
STATE OF TEXAS
COUNTY OF
GRANTOR:
Georgetown Title Company, Inc.
By:
Mike Cumberland, President
ACKNOWLEDGMENT
§
§
§
This instrument was acknowledged before me on the day of , 2014,
by , in the capacity and for the purposes and consideration
recited herein.
Notary Public, State of Texas
2
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock, Texas
Attn: City Manager
221 East Main St.
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
EXECUTED
DOCUMENT
FOLLOW
REAL ESTATE CONTRACT
212 Round Rock Avenue
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between
GEORGETOWN TITLE COMPANY, (referred to in this Contract as "Seller") 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:
Lot No. Five (5), Lot No. Six (6), and Lot No. Seven (7), Block Twenty -Three
(23), a subdivision in Williamson County, Texas, according to the map or plat
thereof of record in Volume 2, Page 36, Plat Records of Williamson County,
Texas, being that same tract conveyed to Georgetown Title Company by that
certain Warranty Deed with Vendor's Lien recorded in Volume 682, Page 213 of
the Deed Records of Williamson County, Texas, the same being described in
Exhibit "A", attached hereto and incorporated herein for all purposes.
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 Exhibit "A",
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" and the acquisition of
any improvements on the Property shall be the sum of THREE HUNDRED THOUSAND and
00/100 Dollars ($300,000.00) (the "Purchase Price"). As consideration for the execution of that
certain Possession and Use Agreement between the parties recorded in Document No.
2013113424 of the Real Property Records of Williamson County, Texas (the "PUA"), Purchaser
has previously paid to Seller the amount of $252,000.00 for use of the Property, which was
deposited into an escrow account at Georgetown Title Company pursuant to the PUA. Therefore,
GEORGETOWN TITLE - RE Contract for 212 RR Ave. (4-4-14) (00296228xA08F8).doc
R-2014-1354
the amount of the final Purchase Price due and owing at Closing shall be FORTY-EIGHT
THOUSAND and 00/100 dollars ($48,000.00).
Payment of Purchase Price
2.02. The Purchase Price 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).
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 Seller 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 Property herein is being conveyed to Purchaser under threat of condemnation.
2
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Georgetown Title Company on or before
the 30th day from the Effective Date, as defined below, 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 issued under G#130068924, dated
12/16/13, or in the contract (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 the City of Round Rock, Texas a duly executed and acknowledged Warranty
Deed conveying good and indefeasible title in fee simple to all of the Property described in
Exhibit "A", free and clear of any and all liens and restrictions, 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) 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 upon receipt of a
current survey provided at Purchaser's sole expense;
(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".
3
(3) 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
paid by the Purchaser. 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.
Purchaser shall reimburse Seller for property insurance premiums paid by seller
from January 1, 2014 through the Closing Date.
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 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
4
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 Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
5
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, which date is indicated beneath the Mayor'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.
SELLER:
Georgeto
6
Address: 702 Rock Street
Georgetown, Texas 78626
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: 1/h /1" Address: 221 East Main St.
Date:
gRounan McGraw, Mayor
d Rock, Texas 78664
k2441-
7
t
NOTICE
Prepared by the Style Bur of Texas for use by Lawyen only.
7o Meet the proper form, PIM blank meter, IOW our /alar yvowrloiu o, kW,
special rano mourners* Ate premier of 4w. No 'ermdsw$ form" as mese oil
requirements.
:vo 682 PAGE2I3
WARRANTY DEED WITH VENDOR'S LIEN
THE STATE OR TEXAS
COUNTY OF WILLIAMS' ON
2544
That FRANKLIN SAVINGS ASSOCIATION
1
KNOW ALL MEN BY THESE PRESENTS:
of the County of Travis and State of Texas for and
in consideration of the sum of Ten and No/ 100-- DOLLARS
and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of
which is hereby acknowledged, and the farther consideration of the execution and delivery by
grantee of ite one certain promissory note of even date herewith. in the principal
sum of Thirty -Seven Thousand Six Hundred Dollars (37,600.00), payable to the order
of grantor in monthly inetallmente and bearing interest aa therein provided. containing
the usual clauses providing for acceleration of maturity and for attorney's fees,
the payment of which note is secured by the vendor's lien herein retained, and is additionally secured by a deed of
trust of evendate herewith to Charles A. Bette Trustee,
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
GEORGETOWN TITLE CO., INC.
of the County of Williamson
property in Williamson
and State of Texas , all of the following described real
County, Texas, to -wit:
Austin Data Inc. GT ADI11555 WM 1977002544.001
•
p q .{ 1 f 2.__
45c, 2-a{ 2.-
IVC .682 w(2121
Lot No. Five (5), Lot No, Six (6), and
• Lot No, Seven (7), Block Twenty -Three (23),
a subdivision in Williamson County, Texas,
according to the map or plat thereof of record
in Volume 2, Page 36, Plat Records of Williamson
County, Texas
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and
appurtenances thereto inanywisebelonging unto the said grantee , its euceesaore IH499Eand assigns
and assigns
forever; and it do /hereby bind itaelf, its eucceesore/ irclespopivastscaxxxxrbadunksigmlgoyearget
WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee , its
heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof, by, through or under it but not otherwise.
But It is expressly agreed that the VENDOR'S LIEN, as well as the Superior Title In and to the above
described premises, is retained against the above described property, premises and improvements until the above
described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof,
when This Deed shall become absolute.
This conveyance is made expressly subject to all easements and valid restrictiono
of record in the Office of the County Clerk of Williamson County, Texas, affecting the
title to the above described property.
EXECUTED this day of September
,A. D.I977
.. YEASEraIN. SAY AMAG,I 41:=44
arise A. Bette, President
(Corporate acknowledgment)
THE STATE OF TEXAS
COUNTY OF .,,WILL/hNSON f g
Befen'6,k41141eMliirid authority, on this day penonaily appeared 1 / •• rikrtyp
-1. (5 A • T r
a corportttod.;.k 4oQnae•maao be the person whose name Issubscribedto the foregoing instnunent, a d acknowledged to me that
he executed the sime,for the purposes and consideration therein expreued, N the capacity therein slated and as the acl and dctd of
udd forporptiop.,, 4
Given undii IRX l&1a and teal of office on chit tho 0 ' day of Sep =••bar O L. A. D. 1977
'Nota bile In and fot
County, Texas.
THE STATE OF TEAS C
County of Willien J' 1.111ek Cervenka, Clerk of the County Court of mad County, do hereby certify
Nut the foregoing'Ina�irumenl'an wr1Ungt J'IUI It. certificate of authentication, wu filed for record In my office
-1 d \1
on the_.J�rh ;..icy of ...�`LdYCe...,}e �. D. 10.7..7,., ►1 .....,.. .t0O....•. o'cl«k.. .P a,, and duly recorded this
fh....._....9kh....eg ot........... S.eR.G..,_k-n. la 77, at....... 9 s 3.9 o'clock ._ A. r., In u,. ............._........_............
........ . .__.........._...: v Records of said County, In Vol 6.9.? pp 213
WiThrSi MMY"/YANDD and dsut of UN County Court of raid County, at office in Georgetown, 'Texas,
the date lis[ et,Te4v11 NKit
•
By
pu
DICK CERVENKA. CLERK,
County Court. wllllamson County, Texu
Austin Data Inc. GT ADI11555 WM :1977002544.002
GENERAL WARRANTY DEED
Round Rock Avenue
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.
Date:
Grantor: Georgetown Title Company
Grantor's Mailing Address (including county):
702 Rock Street
Georgetown, Texas
Williamson County
Grantee: CITY OF ROUND ROCK, TEXAS
Grantee's Mailing Address (including county):
Attn: City Manager
221 East Main Street
Round Rock, Texas 78664
Williamson County
CONSIDERATION: TEN AND NO/100 DOLLARS and other good and valuable
consideration.
PROPERTY (including any improvements):
Lot No. Five (5), Lot No. Six (6), and Lot No. Seven (7), Block Twenty -Three
(23), a subdivision in Williamson County, Texas, according to the map or plat
thereof of record in Volume 2, Page 36, Plat Records of Williamson County,
Texas, being that same tract conveyed to Georgetown Title Company by that
certain Warranty Deed with Vendor's Lien recorded in Volume 682, Page 213 of
the Deed Records of Williamson County, Texas.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements, rights-of-way, and prescriptive rights, whether of record or not; 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; any
00296047.doc/jmr
EXHIBIT B
encroachments or overlapping of improvements; and taxes after the date of this deed, the
payment of which Grantee assumes.
Grantor, for the consideration, receipt of which is acknowledged, and subject to the
reservations from and exceptions to conveyance and warranty, grants, sells and conveys to
Grantee the property, together with all and singular the rights and appurtenances thereto in
anywise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators,
successors or assigns forever. Grantor's heirs, executors, administrators and successors are hereby
bound to warrant and forever defend all and singular the property to Grantee and Grantee's heirs,
executors, administrators, successors and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof, except as to the reservations from and
exceptions to conveyance and warranty.
This deed is being delivered in lieu of condemnation.
When the context requires, singular nouns and pronouns include the plural.
STATE OF TEXAS
COUNTY OF
GRANTOR:
Georgetown Title Company, Inc.
By:
Mike Cumberland, President
ACKNOWLEDGMENT
§
§
§
This instrument was acknowledged before me on the day of , 2014,
by , in the capacity and for the purposes and consideration
recited herein.
Notary Public, State of Texas
2
i
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock, Texas
Attn: City Manager
221 East Main St.
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
C