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R-2014-1246 - 3/27/2014RESOLUTION NO. R-2014-1246 WHEREAS, the City desires to purchase a 4.680 acre tract of land required for the Kenney Fort Boulevard Extension Project; and WHEREAS, Jim Tom Etheredge and Rose Marie Etheredge, 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 Jim Tom Etheredge and Rose Marie Etheredge, for the purchase of the above described Property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of March, 2014. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 01 12.1404, 00294793 EXHIBIT „A» REAL ESTATE CONTRACT 3004 Palm Valley Blvd. State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between JIM TOM ETHEREDGE and ROSE MARIE ETI-IEREDGE, (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 tract of land containing a total of 4.680 acre, more or less, being a part of and out of the P.A. Holder Survey, Abstract No. 297, Williamson County, Texas, being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein; 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 ONE HUNDRED TWENTY EIGHT THOUSAND NINE HUNDRED EIGHTY SEVEN and 00/100 Dollars ($128,987.00). 00293289.DOC Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the Closing. ARTICLE IH 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 April 15, 2013, 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: (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. 4 ARTICLE VII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the 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 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. 5 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. 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. 6 SELLER: in4-/hvvn Tom Etheredge Date: 72 7/v`I-tl4 Rose Marie Etheredge Date: c2 12 7/Q619 ?V PURCHASER: CITY OF ROUND ROCK, TEXAS Address: 177 l_ `'O�'Ob d-Q�C 7;-44e. Jiax By: Address: 221 East Main St. Round Rock, Texas 78664 Its: Date: 7 FIELD NOTE DESCRIPTION OF A 4.680 ACRE TRACT OF LAND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, SITUATED IN CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS EXHIBIT BEING A 4.680 ACRE (203,849 SQUARE FOOT) TRACT OF LAND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS: SAID 4.680 ACRE TRACT BEING ALL THAT CERTAIN CALLED 4.728 ACRE TRACT OF LAND DESCRIBED IN A GENERAL WARRANTY DEED TO JIM TOM ETHEREDGE AND ROSE MARIE ETHEREDGE, HUSBAND AND WIFE, FILED ON SEPTEMBER 17, 2012, AND RECORDED IN DOCUMENT NO. 2012076655, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); SAID 4.680 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE, NAD 83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK: BEGINNING at a 1/2 -inch iron rod found marking the northwest corner of said 4.728 acre tract and the herein described tract, same being a corner of that certain called 78.41 acre tract of land (Tract 1) described in a Warranty Deed to Cressman Properties, L.P., filed on July 8, 2003, and recorded in Document No. 2003063811, O.P.R.W.C.T., said point also being on the east line of Lot 30, Block E, Legends Village Section 2, Phase 4, an addition to the City of Round Rock, Texas, filed on November 3, 2010, and recorded in Document No. 2010074432, O.P.R.W.C.T.; THENCE, departing the east line of said Lot 30, Block E, and with the common Line of said 4.728 acre tract and said 78.41 acre tract, the following eight (8) calls: 1) North 87 degrees 41 minutes 05 seconds East, a distance of 347.00 feet to a 1/2 -inch iron rod found marking the northernmost northeast corner said 4.728 acre tract and the herein described tract; 2) South 11 degrees 14 minutes 51 seconds East, a distance of 219.54 feet to a I/2 -inch iron rod found for a corner of the herein described tract; 3) North 87 degrees 52 minutes 16 seconds East, a distance of 57.84 feet to a 1/2 -inch iron rod found for a corner of the herein described tract; 4) South 01 degrees 48 minutes 19 seconds East, a distance of 136.74 feet to a cotton spindle with washer stamped "Wallace Group" set in asphalt for a corner of the herein described tract; 5) South 28 degrees 18 minutes 09 seconds East, a distance of 65.00 feet to a 1/2 -inch iron rod found for a corner of the herein described tract; 6) South 58 degrees 37 minutes 04 seconds East, a distance of 69.40 feet to a 1/2 -inch iron rod found for a corner of the herein described tract; 7) South 82 degrees 41 minutes 34 seconds East, a distance of 142.68 feet to a 1/2 -inch iron rod found for a corner of the herein described tract; Page 1 of 4 Field Note Description (continued) 4.680 Acre Tract 8) North 85 degrees 51 minutes 37 seconds East, at a distance of 225.51 feet passing a 1/2 -inch iron rod found in the west line of a 25 foot wide access easement, and continuing in all a total distance of 250.55 feet to a mag nail found in asphalt for a corner of the herein described tract, said point being on the common easternmost east line of said 4.728 acre tract and the west line of that certain called 10.516 acre tract of land described in a Warranty Deed to Jonathan Matthew Mitchell and wife Connie Mitchell, filed on November 3, 1999, and recorded in Document No. 199974908, O.P.R.W.C.T.; THENCE, South 11 degrees 14 minutes 21 seconds East, with the common line of said 4.728 acre tract and said 10.516 acre tract, a distance of 28.78 feet to a 60d nail found in asphalt for the easternmost corner of said 4.728 acre tract and the herein described tract, same being the northeast corner of that certain called 2.09 acre tract of land (Tract 2) described in said Warranty Deed to Cressman Properties, L.P., recorded in Document No. 2003063811, O.P.R.W.C.T.; THENCE, departing the west line of said 10.516 acre tract, and with the common line of said 4.728 acre tract and said 2.09 acre tract, the following two (2) calls: 1) South 88 degrees 16 minutes 03 seconds West, a distance of 503.13 feet to a 1/2 -inch iron pipe found for a corner of the herein described tract, same being the northwest corner of said 2.09 acre tract; 2) South 01 degrees 37 minutes 40 seconds East, at a distance of 44.11 feet passing a 60d nail found, and at a distance of 82.46 feet passing a 1/2 -inch iron pipe found, and continuing in all a total distance of 111.27 feet to a calculated point in the channel of Chandler Branch for the southernmost corner of said 4.728 acre tract and the herein described tract, said point also being on the northeast line of that certain called 13,101 acre tract of land described in a Special Warranty Deed With Vendor's Lien to Osama Al Aali, filed on May 6, 2011, and recorded in Document No. 2011029335, O.P.R.W.C.T.; THENCE, departing the west line of said 2.09 acre tract, and with the common line of said 4.728 acre tract and said 13.101 acre tract, upstream and with the approximate center of said Chandler Branch, the following two (2) calls: 1) North 43 degrees 31 minutes 02 seconds West, a distance of 81.02 feet to a calculated point for a corner of the herein described tract; 2) North 21 degrees 06 minutes 40 seconds West, a distance of 75.00 feet to a calculated point for a corner of the herein described tract, same being the northernmost northeast corner of said 13.101 acre tract, said point also being on the south line of that certain called 1.00 acre tract of land (Tract I) described in a Warranty Deed With Vendor's Lien to Mark Zimmerman and Kandace Zimmerman, filed on September 24, 1996, and recorded in Document No. 199650707, Official Records of Williamson County, Texas (O.R.W.C.T.); Page 2 of 4 Field Note Description (continued) 4.680 Acre Tract THENCE, with the common line of said 4.728 acre tract and said 1.00 acre tract, the following four (4) calls: 1) North 88 degrees 13 minutes 50 seconds East, a distance of 79.03 feet to a 1/2 -inch iron rod with orange plastic cap stamped "Wallace Group" set for a corner of the herein described tract, same being the southeast corner of said 1.00 acre tract; 2) North 01 degrees 46 minutes 10 seconds West, a distance of 203.43 feet to a 1/2 -inch iron rod with orange plastic cap stamped "Wallace Group" set for a corner of the herein described tract, same being the northeast corner of said 1.00 acre tract; 3) South 88 degrees 13 minutes 50 seconds West, a distance of 214.13 feet to a calculated point for a corner of the herein described tract, same being the northwest corner of said 1.00 acre tract; 4) South 01 degrees 46 minutes 10 seconds East, a distance of 203.43 feet to a calculated point for a corner of the herein described tract, same being the southwest corner of said 1.00 acre tract, said point also marking the northernmost northwest corner of said 13.101 acre tract; THENCE, departing said 1.00 acre tract, and with the common line of said 4.728 acre tract and said 11101 acre tract, upstream and with the approximate center of said Chandler Branch, the following two (2) calls: 1) South 68 degrees 18 minutes 20 seconds West, a distance of 90.00 feet to a calculated point for a corner of the herein described tract; 2) South 47 degrees 16 minutes 20 seconds West, a distance of 54.10 feet to a calculated point for a corner of the herein described tract, same being on a northeast line of that certain called 15.636 acre tract of land described in a Donation Special Warranty Deed to City of Round Rock, filed on November 16, 2006, and recorded in Document No. 2006100218, O.P.R.W.C.T.; THENCE, departing said 13.101 acre tract, and with the common line of said 4.728 acre tract and said 15.636 acre tract, the following two (2) calls: 1) North 53 degrees 28 minutes 50 seconds West, a distance of 33.02 feet to a 1/2 -inch iron rod found for a corner of the herein described tract; 2) South 89 degrees 27 minutes 21 seconds West, a distance of 161.19 feet to a 1/2 -inch iron rod found for the westernmost southwest corner of said 4.728 acre tract and the herein described tract; THENCE, North 09 degrees 58 minutes 34 seconds East, with the westernmost west line of said 4.728 acre tract, partway with the east line of said 15.636 acre tract, partway with the east line of Legends Village Section 2, Phase 1, an addition to the City of Round Rock, Texas, filed on November 2, 2006. and recorded in Document No. 2006096703, O.P.R.W.C.T., and partway with the east line of said Legends Village Section 2, Phase 4, a distance of 519.08 feet to the POINT OF BEGINNING of the herein described tract, delineating and encompassing within the metes recited 4.680 acres (203,849 square feet) of land, more or less, based on a survey performed by The Wallace Group, Inc., Round Rock, Texas. Page 3 of 4 Field Note Description (continued) 4.680 Acre Tract Basis of Bearings: Bearings are referenced to the Texas State Plane Coordinate System (Central Zone — NAD 83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. Daniel M. Flaherty, R.P.L. . No. 5004 The Wallace Group, Inc. One Chisholm Trail. Suite 130 Round Rock, Texas 78681 Ph. 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Date: Grantor: JIM TOM ETHEREDGE and ROSE MARIE ETHEREDGE Grantor's Mailing Address (including county): 172 Thoroughbred Trace Liberty Hill, Texas 78642 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): All of that certain tract of land containing a total of 4.680 acre, more or less, being a part of and out of the P.A. Holder Survey, Abstract No. 297, Williamson County, Texas, being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein. 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 encroachments or overlapping of improvements; and taxes after the date of this deed, the payment of which Grantee assumes. 00293299.DOC 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 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, Tcxas 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: EXECUTED DOCUMENT FOLLOW REAL ESTATE CONTRACT 3004 Palm Valley Blvd. State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between JIM TOM ETHEREDGE and ROSE MARIE ETHEREDGE, (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 tract of land containing a total of 4.680 acre, more or less, being a part of and out of the P.A. Holder Survey, Abstract No. 297, Williamson County, Texas, being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein; 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 ONE HUNDRED TWENTY EIGHT THOUSAND NINE HUNDRED EIGHTY SEVEN and 00/100 Dollars ($128,987.00). 00293289.DOC R-2014-1246 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 April 15, 2013, 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. 4 ARTICLE VII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the 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 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. 5 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. 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. 6 SELLER: .214TIllom Etheredge Date: J/02- 7A1 -,01L m Rose Marie Etheredge Date: .7) 2 ‘7%a013/ PURCHASER: CITY OF ROUND ROCK, TEXAS By: Its: Mayy►r Date: 3.24.H- 7 2 .H- 7 Address: l 72 r it-oa-D J 1/1/)15-e? 6 L i Address: 221 East Main St. Round Rock, Texas 78664 EXHIBIT FIELD NOTE DESCRIPTION OF A 4.680 ACRE TRACT OF LAND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, SITUATED IN CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS BEING A 4.680 ACRE (203,849 SQUARE FOOT) TRACT OF LAND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS: SAID 4.680 ACRE TRACT BEING ALL THAT CERTAIN CALLED 4.728 ACRE TRACT OF LAND DESCRIBED IN A GENERAL WARRANTY DEED TO JIM TOM ETHEREDGE AND ROSE MARIE ETHEREDGE, HUSBAND AND WIFE„ FILED ON SEPTEMBER 17, 2012, AND RECORDED IN DOCUMENT NO. 2012076655, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.); SAID 4.680 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE, NAD 83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK: BEGINNING at a 1/2 -inch iron rod found marking the northwest corner of said 4.728 acre tract and the herein described tract, same being a corner of that certain called 78.41 acre tract of land (Tract 1) described in a Warranty Deed to Cressman Properties, L.P., filed on July 8, 2003, and recorded in Document No. 2003063811, O.P.R.W.C.T., said point also being on the east line of Lot 30, Block E, Legends Village Section 2, Phase 4, an addition to the City of Round Rock, Texas, filed on November 3, 2010, and recorded in Document No. 2010074432, O.P.R.W.C.T.; THENCE, departing the east line of said Lot 30, Block E, and with the common line of said 4.728 acre tract and said 78.41 acre tract, the following eight (8) calls: 1) North 87 degrees 41 minutes 05 seconds East, a distance of 347.00 feet to a 1/2 -inch iron rod found marking the northernmost northeast corner said 4.728 acre tract and the herein described tract; 2) South 11 degrees 14 minutes 51 seconds East, a distance of 219.54 feet to a 1/2 -inch iron rod found for a corner of the herein described tract: 3) North 87 degrees 52 minutes 16 seconds East, a distance of 57.84 feet to a 1/2 -inch iron rod found for a corner of the herein described tract; 4) South 01 degrees 48 minutes 19 seconds East, a distance of 136.74 feet to a cotton spindle with washer stamped "Wallace Group" set in asphalt for a corner of the herein described tract; 5) South 28 degrees 18 minutes 09 seconds East, a distance of 65.00 feet to a 1/2 -inch iron rod found for a corner of the herein described tract; 6) South 58 degrees 37 minutes 04 seconds East, a distance of 69.40 feet to a 1/2 -inch iron rod found for a corner of the herein described tract; 7) South 82 degrees 41 minutes 34 seconds East, a distance of 142.68 feet to a 1/2 -inch iron rod found for a corner of the herein described tract; Page 1 of 4 Field Note Description (continued) 4.680 Acre Tract 8) North 85 degrees 51 minutes 37 seconds East, at a distance of 225.51 feet passing a 1/2 -inch iron rod found in the west line of a 25 foot wide access easement, and continuing in all a total distance of 250.55 feet to a mag nail found in asphalt for a corner of the herein described tract, said point being on the common easternmost east line of said 4.728 acre tract and the west line of that certain called 10.516 acre tract of land described in a Warranty Deed to Jonathan Matthew Mitchell and wife Connie Mitchell, filed on November 3, 1999, and recorded in Document No. 199974908, O.P.R.W.C.T.; THENCE, South 11 degrees 14 minutes 21 seconds East, with the common line of said 4.728 acre tract and said 10.516 acre tract, a distance of 28.78 feet to a 60d nail found in asphalt for the easternmost corner of said 4.728 acre tract and the herein described tract, same being the northeast corner of that certain called 2.09 acre tract of land (Tract 2) described in said Warranty Deed to Cressman Properties, L.P., recorded in Document No. 2003063811, O.P.R.W.C.T.; THENCE, departing the west line of said 10.516 acre tract, and with the common line of said 4.728 acre tract and said 2.09 acre tract, the following two (2) calls: 1) South 88 degrees 16 minutes 03 seconds West, a distance of 503.13 feet to a 1/2 -inch iron pipe found for a corner of the herein described tract, sante being the northwest corner of said 2.09 acre tract; 2) South 01 degrees 37 minutes 40 seconds East, at a distance of 44.11 feet passing a 60d nail found, and at a distance of 82.46 feet passing a 1/2 -inch iron pipe found, and continuing in all a total distance of 111.27 feet to a calculated point in the channel of Chandler Branch for the southernmost corner of said 4.728 acre tract and the herein described tract, said point also being on the northeast line of that certain called 13.101 acre tract of land described in a Special Warranty Deed With Vendor's Lien to Osama Al Aali, filed on May 6, 2011, and recorded in Document No. 2011029335, O.P.R.W.C.T.; THENCE, departing the west line of said 2.09 acre tract, and with the common line of said 4.728 acre tract and said 13.101 acre tract, upstream and with the approximate center of said Chandler Branch, the following two (2) calls: 1) North 43 degrees 31 minutes 02 seconds West, a distance of 81.02 feet to a calculated point for a corner of the herein described tract; 2) North 21 degrees 06 minutes 40 seconds West, a distance of 75.00 feet to a calculated point for a corner of the herein described tract, same being the northernmost northeast corner of said 13.101 acre tract, said point also being on the south line of that certain called 1.00 acre tract of land (Tract I) described in a Warranty Deed With Vendor's Lien to Mark Zimmerman and Kandace Zimmerman, filed on September 24, 1996, and recorded in Document No. 199650707, Official Records of Williamson County, Texas (O.R.W.C.T.); Page 2 of 4 Field Note Description (continued) 4.680 Acre Tract THENCE, with the common line of said 4.728 acre tract and said 1.00 acre tract, the following four (4) calls: 1) North 88 degrees 13 minutes 50 seconds East, a distance of 79.03 feet to a 1/2 -inch iron rod with orange plastic cap stamped "Wallace Group" set for a corner of the herein described tract, same being the southeast corner of said 1.00 acre tract; 2) North 01 degrees 46 minutes 10 seconds West, a distance of 203.43 feet to a 1/2 -inch iron rod with orange plastic cap stamped "Wallace Group" set for a corner of the herein described tract, same being the northeast corner of said 1.00 acre tract; 3) South 88 degrees 13 minutes 50 seconds West, a distance of 214.13 feet to a calculated point for a corner of the herein described tract, same being the northwest corner of said 1.00 acre tract; 4) South 01 degrees 46 minutes 10 seconds East, a distance of 203.43 feet to a calculated point for a corner of the herein described tract, same being the southwest corner of said 1.00 acre tract, said point also marking the northernmost northwest corner of said 13.101 acre tract; THENCE, departing said 1.00 acre tract, and with the common line of said 4.728 acre tract and said 13.101 acre tract, upstream and with the approximate center of said Chandler Branch, the following two (2) calls: 1) South 68 degrees 18 minutes 20 seconds West, a distance of 90.00 feet to a calculated point for a corner of the herein described tract; 2) South 47 degrees 16 minutes 20 seconds West, a distance of 54.10 feet to a calculated point for a corner of the herein described tract, same being on a northeast line of that certain called 15.636 acre tract of land described in a Donation Special Warranty Deed to City of Round Rock, filed on November 16, 2006, and recorded in Document No. 2006100218, O.P.R.W.C.T.; THENCE, departing said 13.101 acre tract, and with the common line of said 4.728 acre tract and said 15.636 acre tract, the following two (2) calls: 1) North 53 degrees 28 minutes 50 seconds West, a distance of 33.02 feet to a 1/2 -inch iron rod found for a corner of the herein described tract; 2) South 89 degrees 27 minutes 21 seconds West, a distance of 161.19 feet to a 1/2 -inch iron rod found for the westernmost southwest corner of said 4.728 acre tract and the herein described tract; THENCE, North 09 degrees 58 minutes 34 seconds East, with the westernmost west line of said 4.728 acre tract, partway with the east line of said 15.636 acre tract, partway with the east line of Legends Village Section 2, Phase 1, an addition to the City of Round Rock, Texas, filed on November 2, 2006. and recorded in Document No. 2006096703, O.P.R.W.C.T., and partway with the east line of said Legends Village Section 2, Phase 4, a distance of 519.08 feet to the POINT OF BEGINNING of the herein described tract, delineating and encompassing within the metes recited 4.680 acres (203,849 square feet) of land, more or less, based on a survey performed by The Wallace Group, Inc., Round Rock, Texas. Page 3 of 4 Field Note Description (continued) 4.680 Acre Tract Basis of Bearings: Bearings are referenced to the Texas State Plane Coordinate System (Central Zone — NAD 83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. Daniel M. Flaherty, R.P.L. . No. 5004 The Wallace Group, Inc. One Chisholm Trail. Suite 130 Round Rock, Texas 78681 Ph. 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Date: Grantor: JIM TOM ETHEREDGE and ROSE MARIE ETHEREDGE Grantor's Mailing Address (including county): 172 Thoroughbred Trace Liberty Hill, Texas 78642 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): All of that certain tract of land containing a total of 4.680 acre, more or less, being a part of and out of the P.A. Holder Survey, Abstract No. 297, Williamson County, Texas, being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein. 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 encroachments or overlapping of improvements; and taxes after the date of this deed, the payment of which Grantee assumes. 00293299.DOC 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 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: