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R-14-02-13-H5 - 2/13/2014RESOLUTION NO. R -14-02-13-H5 WHEREAS, the City desires to purchase a 0.007 acre tract of land located at 206 W. Main Street required for the Southwest Downtown Phase 5 Project; and WHEREAS, Marion L. Cook, Jr. and Terry A. Cook, the owners of the Property, have 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 Marion L. Cook, Jr. and Terry A. Cook, 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 13th day of February, 2014. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1404;00291533 REAL ESTATE CONTRACT EXHIBIT This Real Estate Contract ("Contract") is made by and between Marion L. Cook, Jr., and Terry A. Cook, whose current address is 6203 Greyfeather Drive, Austin, Texas 78759 (referred to in this Contract as "Seller", whether one or more) and the CII'Y OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), 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, the tract of land described as follows: A 0.007 acre (311 square feet) tract of land situated in the Wiley Harris Survey, Abstract No. 298, Williamson County, "Texas, being a portion of a called 0.541 acre tract as described in a deed to Marion L. Cook, Jr. and Terry A. Cook and recorded in Document No. 2005011746 of the Official Public Records of said county, said 0.007 acre tract of land being more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes. 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" and does not consist of Seller's homestead. 2. Sales Price 2.01 Amount of Sales Price. The sales price for the Property shall be the sum of ONE HUNDRED FORTY-EIGHT THOUSAND, SEVEN HUNDRED SEVENTEEN and NO/100 DOLLARS ($148,717.00) ("Sales Price"). 2.02 Payment of Sales Price. The full amount of the Sales Price shall be payable in cash at the closing. 3. Buyer's 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). 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. 00290478.doc/jmr (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. 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. 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. 2 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 Texas American Title Company ("Title Company"), located at 1001 S. Mays St., Round Rock, Texas, on or before the 30th day following the Effective Date ("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 General Warranty 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; and (ii) Any exceptions approved by Buyer in writing. (B) Deliver to Buyer a Texas Owner's Title Policy, at Seller'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"; 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 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. 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: 3 (A) Owner's Title Policy paid by Seller. (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. (E) Attorney's fees paid by each respectively. 6. 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; (B) Request that the Escrow Deposit, if any, will be returned by the Title Company to Buyer; or (C) Bring suit for damages against Seller. 7. Breach by Buyer. In the event Buyer should fail to consummate the purchase of the Property, and if the conditions to Buyer's obligations set forth in Section 3 having been satisfied and Buyer being in default and Seller not being in default hereunder, Buyer 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 Buyer 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, and Seller agrees to accept and take this amount as its total damages and relief and as Seller's sole remedy hereunder in such event. 8. Miscellaneous Provisions 8.01 Assignment. This Contract is not assignable without the express written consent of Seller. 8.02 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. 8.03 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. 4 8.04 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. 8.05 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. 8.06 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. 8.07 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. 8.08 Timc of Essence. Time is of the essence in this Contract. 8.09 Memorandum of Contract. Upon the request of either party, both parties will promptly execute a memorandum of this Contract suitable for filing of record. 8.10 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. 8.11 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. 8.12 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. The parties are signing this Contract on the dates indicated. SELLER 5 BUYER City of Round Rock, Texas 221 C. 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 6 0.007 Acre Tract 311 Square Feet Page 1 of 3 DESCRIPTION FOR A 0.007 ACRE (311 SQUARE FEET) TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 0.541 ACRE TRACT AS DESCRIBED IN A DEED TO MARION L. COOK, JR. AND TERRY A. COOK AND RECORDED IN DOCUMENT NO. 2005011746 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 0.007 ACRE TRACT OF LAND, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING FOR REFERENCE at a 1/2" iron rod found for the northwest corner of Lot 16-A of the Replat of Lots 16, 17, 18 and 19, Block 24, City of Round Rock, a subdivision recorded in Cabinet K, Slide 208 of the Plat Records of said County, same being the point of intersection of the south right-of-way line of Round Rock Avenue (80 feet right-of-way width) and the east right-of-way line of Brown Street (80 feet right-of-way width); THENCE in part with the north line of said Lot 16-A and Lot 17-A of said subdivision, same being the south right-of-way line of said Round Rock Avenue, same being the north line of said 0.541 acre tract, S 82°46'29" E for a distance of 280.84 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for the northwest corner and POINT OF BEGINNING hereof; THENCE continuing with the north line of said 0.541 acre tract, same being the south right-of-way line of said Round Rock Avenue, S 82°46'29" E for a distance of 21.19 feet to a 1/2' iron rod with "Baker-Aicklen" cap set, for the northeast corner of said 0.541 acre tract, same being the point of intersection of the south right-of-way line of said Round Rock Avenue and the west right-of-way line of Blair Street (right-of-way width varies), for the northeast corner hereof, from which a 3/4" iron pipe found for the east corner of Lots 1-5, Block 24 as described in a deed to the City of Round Rock and recorded in Document No. 2012056134 of the Official Public Records of said County bears, S 82°46'29" E a distance of 257.17 feet; THENCE with the east line of said 0.541 acre tract, same being the west right-of-way line of said Blair Street, S 19°24'10" E for a distance of 32.82 feet to a 1/2" iron rod with "Baker- Aicklen" cap set, for the southeast corner hereof; EXHIBIT 0.007 Acre Tract 311 Square Feet Page 2 of 3 THENCE departing the west right-of-way line of said Blair Street, through the interior of said 0.541 acre tract, N 43°31'08" W for a distance of 46.37 feet to the POINT OF BEGINNING hereof and containing 0.007 acre of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supervision of the undersigned during July, 2013: Parker J. Grana Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 Job No: 0601-2-125 Filename:K:\PROJECTS\0601-2-125_CORR_Various_SWDT_Streets_Reconstruction\ BA- Survey\METES AND BOUNDS\0.007 ACRE TRACT.doc 0) 0 z I \ ao 1 \ \ 'co • b � O NuJ N !Y QUSe Z3 0 \�O z Oa mJQ°?ONU \ cro \ S82°46'29"E 2 0 "- z z Z w z W W mo BEGINNING \ \ P • roc " W z HP Q mrd U M F- UJ N U Q D O O O LEGEND 1/2" IRON ROD FOUND 3/4" IRON PIPE FOUND 1/2" IRON ROD WITH "BAKER-AICKLEN" CAP SET e --.."1- o m o PAGE 3 OF3 PROJECT NO. 0601-2-025 KAP ROJECTSt0601.2-125 CORR Various SWOT SVeets_Reconstruction\ BA-SurveADWG-ROW TAKES10.007 ACRE TRACT.dwg [PAGE 3] July 23, 2013-1:05pm ROUND ROCK TEXAS PURPOSE. r.. PROSPERITY City of Round Rock Agenda Item Summary Agenda Number: H.5 Title: Type: Governing Body: Agenda Date: Dept Director: Cost: Indexes: Attachments: Department: Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Marion L. Cook, Jr. and Terry A. Cook for the purchase of real property required for the Southwest Downtown Phase 5 Project. Resolution City Council 2/13/2014 Gary D. Hudder, Transportation Director $148,717.00 RR Transportation and Economic Development Corporation (Type B) 00291533.DOC, Exhibit A, Survey, Appraisal, Addendum Letter Transportation Department Text of Legislative File 14-1128 The Transportation Department is in the final stages of design and is preparing to bid construction on the Southwest Downtown Phase 5 project, which includes improvements to Main Street, Blair Street, Liberty Avenue, and the installation of a roundabout on Round Rock Avenue at Blair Street. During this process, it was identified that a small portion of right-of-way would need to be acquired from the property located at 206 W. Main Street. In addition, head -in parking on Blair Street which accesses this property will have to be closed and removed, so as to avoid conflict with cars which are exiting the roundabout. Paul Hornsby and Company were commissioned to conduct an appraisal to determine the fair market value of the right-of-way and the access restrictions. A determination was made that six offices on the east side of the building at 206 W. Main would be damaged by removing the parking on Blair Street. Subsequently, it was determined that just compensation for this acquisition and access restrictions was $148,717. A copy of the appraisal and an addendum to the appraisal is attached. Cost: $148,717.00 Source of Funds: Type B Corporation Approval City of Round Rock Page 1 Printed on 2/13/2014 EXECUTED ORIGINAL DOCUMEN1S FOLLOW REAL ESTATE CONTRACT This Real Estate Contract ("Contract") is made by and between Marion L. Cook, Jr., and Terry A. Cook, whose current address is 6203 Greyfeather Drive, Austin, Texas 78759 (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 as follows: 1. Purchase and Sale of Property 1.01 Seller sells and agrees to convey, and Buyer purchases and agrees to pay for, the tract of land described as follows: A 0.007 acre (311 square feet) tract of land situated in the Wiley Harris Survey, Abstract No. 298, Williamson County, Texas, being a portion of a called 0.541 acre tract as described in a deed to Marion L. Cook, Jr. and Terry A. Cook and recorded in Document No. 2005011746 of the Official Public Records of said county, said 0.007 acre tract of land being more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes. 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" and does not consist of Seller's homestead. 2. Sales Price 2.01 Amount of Sales Price. The sales price for the Property shall be the sum of ONE HUNDRED FORTY-EIGHT THOUSAND, SEVEN HUNDRED SEVENTEEN and NO/100 DOLLARS ($148,717.00) ("Sales Price"). 2.02 Payment of Sales Price. The full amount of the Sales Price shall be payable in cash at the closing. 3. Buyer's 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). 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. 00290478.doc/jmr R -14-02-13-H5 (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. 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. 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. 2 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 Texas American Title Company ("Title Company"), located at 1001 S. Mays St., Round Rock, Texas, on or before the 30th day following the Effective Date ("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 General Warranty 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; and (ii) Any exceptions approved by Buyer in writing. (B) Deliver to Buyer a Texas Owner's Title Policy, at Seller'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"; 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 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. 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: 3 (A) Owner's Title Policy paid by Seller. (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. (E) Attorney's fees paid by each respectively. 6. 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; (B) Request that the Escrow Deposit, if any, will be returned by the Title Company to Buyer; or (C) Bring suit for damages against Seller. 7. Breach by Buyer. In the event Buyer should fail to consummate the purchase of the Property, and if the conditions to Buyer's obligations set forth in Section 3 having been satisfied and Buyer being in default and Seller not being in default hereunder, Buyer 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 Buyer 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, and Seller agrees to accept and take this amount as its total damages and relief and as Seller's sole remedy hereunder in such event. 8. Miscellaneous Provisions 8.01 Assignment. This Contract is not assignable without the express written consent of Seller. 8.02 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. 8.03 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. 4 8.04 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. 8.05 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. 8.06 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. 8.07 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. 8.08 Time of Essence. Time is of the essence in this Contract. 8.09 Memorandum of Contract. Upon the request of either party, both parties will promptly execute a memorandum of this Contract suitable for filing of record. 8.10 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. 8.11 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. 8.12 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. The parties are signing this Contract on the dates indicated. SELLER Terry A. 634 5 BUYER City of Round Rock, Texas 221 E. Main Street Round Rock, TX 78664 By: 0 Alan cGraw, Mayor Date: 2. 131 t - Attest: .604/1- /Of* For Ci Approved as to Form: L Sara White, City Clerk SteThan L. Sheets, City Attorney 6 0.007 Acre Tract 311 Square Feet Page 1 of 3 DESCRIPTION FOR A 0.007 ACRE (311 SQUARE FEET) TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 0.541 ACRE TRACT AS DESCRIBED IN A DEED TO MARION L. COOK, JR. AND TERRY A. COOK AND RECORDED IN DOCUMENT NO. 2005011746 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 0.007 ACRE TRACT OF LAND, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING FOR REFERENCE at a '/a" iron rod found for the northwest corner of Lot 16-A of the Replat of Lots 16, 17, 18 and 19, Block 24, City of Round Rock, a subdivision recorded in Cabinet K, Slide 208 of the Plat Records of said County, same being the point of intersection of the south right-of-way line of Round Rock Avenue (80 feet right-of-way width) and the east right-of-way line of Brown Street (80 feet right-of-way width); THENCE in part with the north line of said Lot 16-A and Lot 17-A of said subdivision, same being the south right-of-way line of said Round Rock Avenue, same being the north line of said 0.541 acre tract, S 82°46'29" E for a distance of 280.84 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for the northwest corner and POINT OF BEGINNING hereof; THENCE continuing with the north line of said 0.541 acre tract, same being the south right-of-way line of said Round Rock Avenue, S 82°46'29" E for a distance of 21.19 feet to a'/" iron rod with "Baker-Aicklen" cap set, for the northeast corner of said 0.541 acre tract, same being the point of intersection of the south right-of-way line of said Round Rock Avenue and the west right-of-way line of Blair Street (right-of-way width varies), for the northeast corner hereof, from which a 3/4" iron pipe found for the east corner of Lots 1-5, Block 24 as described in a deed to the City of Round Rock and recorded in Document No. 2012056134 of the Official Public Records of said County bears, S 82°46'29" E a distance of 257.17 feet; THENCE with the east line of said 0.541 acre tract, same being the west right-of-way line of said Blair Street, S 19°24'10" E for a distance of 32.82 feet to a 1/2" iron rod with "Baker- Aicklen" cap set, for the southeast corner hereof; EXHIBIT ik 0.007 Acre Tract 311 Square Feet Page 2 of 3 THENCE departing the west right-of-way line of said Blair Street, through the interior of said 0.541 acre tract, N 43°31'08" W for a distance of 46.37 feet to the POINT OF BEGINNING hereof and containing 0.007 acre of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supervision of the undersigned during July, 2013: Parker J. Graha Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 Job No: 0601-2-125 Filen ame:K:\PROJECTS\0601-2-1.25_CORR_Various_SWDT_Streets_Reconstruction1_BA- Survey\METES AND BOUNDS\0.007 ACRE TRACT.doc co 0 z 0 a H S82°46'29"E 21.19' w j� a7Z �' � I- ci \ v NOS) IO � p ) 'cc �p�N _, P I 83 E� R\C'N� O t s� 2 ��0 e 3/ ✓ �g190 i /\ a ` / cpl0 Z 4. 0 \ \ 11YU 00c� 0 O U J Z O O w \ \ 0 Li J 0./ N G RD S P4�p-�Nl ? OF laq w J CO aZ 11 -- 0 a I 4 7g Encs / z�8 “ o N Z R> O Z W m � 7 tll 1-2-i Yui U W o Q Q - EL U W Q CO czi okelr LEGEND 1/2" IRON ROD FOUND 3/4" IRON PIPE FOUND 1/2" IRON ROD WITH "BAKER-AICKLEN" CAP SET • " o °° 0 PAGE 3 OF 3 PROJECT NO. 0601-2-025 K:IPROJECTS10601-2-125 CORRVarious SWDT Streets_ReconstructIonl BA-Survey\DWG-ROW TAKES10.007 ACRE TRACT.dwg [PAGE 3] July 23, 2013-1:05pm