Contract - The Fellowship at Forest Creek - 10/25/2018 REAL ESTATE CONTRACT
Kenney Fort Boulevard Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between THE
FELLOWSHIP AT FOREST CREEK,(referred to in this Contract as"Seller",whether one or more)
and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the
terms and conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for,
the tract(s) of land described as follows:
All of that certain 0.284 acre (12,371 square foot) tract of land out of and situated
in the A. Thomas Survey, Abstract No. 609 in Williamson County, Texas; being a
portion of a called 5.30 acre tract of land as described in a deed to the Fellowship at
Forest Creek and recorded in document No. 2006109886 of the Official Public
Records of said County; more fully described in Exhibit "A", attached hereto and
incorporated herein (Parcel 12);
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" not
otherwise retained by Seller, for the consideration and upon and subject to the terms, provisions,
and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the Property described in Exhibit "A", compensation for any
improvements on the Property, and for any damage or cost of cure for the reconfiguration of the
remaining property of Seller shall be the sum of FIFTY-EIGHT THOUSAND SEVEN HUNDRED
and SIXTY-TWO and 00/100 Dollars ($58,762.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
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0040753 LDDC
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
OFSELLER
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 beingconveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01.The Closing shall be held at the office of Independence Title Company on or before September
30,2018, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days
2
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 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.
(2) The Deed shall be in the form as shown in Exhibit "B" attached hereto.
(3) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by
Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring
Grantee's fee simple and/or easement interests in and to the Property subject only to those
title exceptions listed herein, such other exceptions as may be approved in writing by
Purchaser,and the standard printed exceptions contained in the usual form of Texas Owner's
Title Policy, provided, however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record", if applicable; and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Payable".
(4) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the Purchase Price.
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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.
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
4
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.
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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.
[signature page follows]
SELLER:
THE FELLOWSHIP AT FOREST CREEK
Address: yJ' y 0.'1415 5�,boL-
�t
bourn. PocK x 781bloy-
6
Its: r
Date:( �{ J,2 Q A 01 o l 8
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By Address: 221 East Main St.
Round Rock, Texas 78664
Printed Name:
Its: �/lo!`-
Date: LD- f. 92
7
EXHIBIT "A"
PARCEL 12
Variable Width Right-of-Way Acquisition
METES AND BOUNDS DESCRIPTION OF A
0.284 ACRE TRACT OF LAND OUT OF
THE FELLOWSHIP AT FOREST CREEK TRACT
LOCATED 1N THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0.284 ACRE TRACT OF LAND SITUATED IN THE A. THOMAS SURVE
ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF
CALLED 5.30 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO TF
FELLOWSHIP AT FOREST CREEK AND RECORDED IN DOCUMEl\
NO. 2006109886 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY; SA
0.284 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AN
BOUNDS AS FOLLOWS:
BEGINNING at a found 1/2-inch iron rod with yellow cap stamped "B&G Surveying" foul
the common northwest corner of said 5.30 acre tract and the northeast corner of a
5.27 acre tract of land as described in a deed to Lloyd Rodenbeck Jr. and wife, A
Rodenbeck and recorded in Document No. 199975263 of the Official Public Records o
County, being on the south right-of-way line of Gattis School Road (variable width right-of-
for the northwest corner and POINT OF BEGINNING hereof;
THENCE with the common north line of said 5.30 acre tract and the south right-of-way I
Gattis School Road, North 880 13' 56" East, a distance of 341.22 feet to a 1/2-inch irc
found for the common northeast corner of said 5.30 acre tract and the northwest corne
called 5.30 acre tract of land as described in a deed to The Fellowship at Forest Creel
recorded in Document No. 2002007409 of the Official Public Records of said County, fc
northeast corner hereof;
THENCE with the common line between said 5.30 acre tracts, (L-1) South 07° 38' 33" E;
distance of 22.19 feet to a 1/2-inch iron rod with aluminum cap stamped "C.O.R.R. R.O.V1
for the southeast corner hereof;
Page 1 of 3
THENCE through the interior of said 5.30 acre tract recorded in Document No. 20061 C
South 830 17' 58" West, a distance of 334.36 feet to a 1/2-inch iron rod with aluminul
stamped "C.O.R.R. R.O.W." set for the southwest corner hereof, from which a capped 1)
rod found for the common southwest corner of said 5.30 acre tract recorded in Docs
No. 2006109886 and the southeast corner of said 5.27 acre tract bears, South 13' 17, 43"
a distance of 728.74 feet;
THENCE with the common west line of said 5.30 acre tract and the east line of said 5.2",
tract, (L-2) North 13' 17' 43" West, a distance of 51.88 feet to the POINT OF BEGINNIN'
containing 0.284 acre of land and based on the survey and exhibit drawing made by CP&'Y
This metes and bounds description is accompanied by an exhibit drawing.
Basis of Bearings: Bearings are based on the Texas Central State Plane Coordinate S
NAD '83 (HARN '83), which is based on Leica's Central Texas GPS Cooperative COR%IC-
Network.
Surveyed in the field durin January and February,
OF
A. 0%
MARGARET A.hIC►LEN
0
eP SAY, inc.' NoleiTR,P,L. . 5589
4S
One Chisholm Trail, Suite 130
S U�
Round Rock, Texas 78681
Ph. (512) 248-0065
TBPLS Firm No, 10194125
Project No. 1500603
G:\PROJECTS11500603R-Kenney Fort Blvd. Extension\METES AND BOUNDS11600603R PARCEL 12.doc
Page 2 of 3
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LOCATION MAP
o
GAITIS SCHOOL RD.
SITE
0 FIELD NO
P01,VT 0F
S'NCATTIS SCHOOL ROAD
, 4 4,5,5
ROUND ROCK BEClivivi.1vc (VARIABLE IFIDTHR-0-1y.) SCALE:
WITH YELLOW CAP STAMPED (N 89*54'00" E — 340.18')
"B&G SURVEYING" FOUND N 88'1356" E — 341.22' R.O.W. LINIZ�
T
S 8317-58 334
3 36'
6 PROPOSED
CALLED 5.27 ACRES R.O.W. LINE �61 CALLED
LLOYD RODENBECK JR. U1 > THE I
E AND WIFE, C-1
AT FO
ANGELA RODENBECK
DOC. NC
DOC. NO. 199975263 VARIABLE WIDTHm'
A* RIGHT—OF—WAY ACQUISITION O.F
C,
O.P.R.W.C.T. 0.284 ACRE
12
N
�11
N LINE TABLE fi
N LINE BEARING CALLED 5.30 ACRES
LENGTH o THE FELLOWSHIP AT FOREST CREEK
NO. 2006109886
L-1 S 07*38'33" E 22.19' DOC. O.P.R.W.C.T.
L-2 N 11317'43" W 51.88'
WITH CAT
LEGEND
1/2" IRON ROD FOUND GENERAL NOTES:
(UNLESS OTHERWISE NOTED) I) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMEN
0 = 1/2" IRON ROD WITH ALUMINUM CAP 2) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, E,
CONDITIONS THAT MAY BE APPLICABLE.
STAMPED "C.O.R.R. R.O.W." SET
3) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUND
R.O.W. = RIGHT—OF—WAY
4) BEARINGS ARE BASED ON THE TEXAS CENTRAL STATE PL
O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, SYSTEM NAD '83 (HARN '93), WHICH IS BASED ON LEICA'
WILLIAMSON COUNTY, TEXAS GPS COOPERATIVE CORS RTK NETWORK,
0
1 Chisholm Trail,Suite 130,Round Rock Texas 78681 512.248.0065
TEXAS REGISTERED ENGINEERING FIRM F-1741
C
TBPLS10194125 A,.
C P&yj
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT MARGARE
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED EEj$---Yp4E-REQUIREMENTS FOR
LAND SURVEYS IN THE STATE OF TEXAS.
SURVEYED DURING:
JANUARY AND FEBRUARY, 2018 A. NOLEN, R.P.L.S. NO. 5589
0 100, 200' PLAT NO. A-5112
DRAFT DATE 01/31/2018 DI
SCALE I WORK ORDER NO. 1500603 FIELDBOOK 303 T)
0 2018 ALL RIGHTS RESERVED DIGITAL FILE 1500603R PARCEL 12 FM # 15006
Exhibit B
Parcel 12
DEED
Kenney Fort Boulevard Right of Way
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That THE FELLOWSHIP AT FOREST CREEK, hereinafter referred to as Grantor, whether one
or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration to Grantor in hand paid by City of Round Rock, Texas, the receipt and sufficiency of which
is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold
and by these presents do Grant, Bargain, Sell and Convey unto CITY OF ROUND ROCK, TEXAS, all
that certain tract or parcel of land lying and being situated in the County of Williamson, State of Texas,
along with any improvements thereon, being more particularly described as follows:
All of that certain 0.284 acre (12,371 square foot) tract of land out of and situated in the
A. Thomas Survey, Abstract No. 609 in Williamson County, Texas; being a portion of a
called 5.30 acre tract of land as described in a deed to the Fellowship at Forest Creek and
recorded in document No. 2006109886 of the Official Public Records of said County;
more fully described in Exhibit "A", attached hereto and incorporated herein(Parcel 12);
SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is retaining title
to the following improvements located on the property described in said Exhibit
"A"to wit: NONE
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Visible and apparent easements not appearing of record;
Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any
overlapping of improvements which a current survey would show;
Easements,restrictions,reservations,covenants,conditions,oil and gas leases,mineral severances,
and encumbrances for taxes and assessments (other than liens and conveyances)
FELLOWSHIP(12)--Deed for Kenney Fort Blvd.ROW(execution copy)(00407534xA08178).doc
presently of record in the Official Public Records of Williamson County, Texas, that affect the
property, but only to the extent that said items are still valid and in force and effect at this time.
Grantor reserves all of the oil, gas and other minerals in and under the land herein conveyed but
waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing,
mining or drilling or pumping the same; provided, however, that operations for exploration or recovery
of any such minerals shall be permissible so long as all surface operations in connection therewith are
located at a point outside the acquired parcel and upon the condition that none of such operations shall
be conducted so near the surface of said land as to interfere with the intended use thereof or in any way
interfere with,jeopardize, or endanger the facilities of the City of Round Rock, Texas or create a hazard
to the public users thereof; it being intended, however, that nothing in this reservation shall affect the
title and the rights of Grantee to take and use without additional compensation any, stone, earth, gravel,
caliche, iron ore, gravel or any other road building material upon, in and under said land for the
construction and maintenance of Kenney Fort Boulevard.
TO HAVE AND TO HOLD the property herein described and herein conveyed together with
all and singular the rights and appurtenances thereto in any wise belonging unto City of Round
Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all and singular the said
premises herein conveyed unto City of Round Rock, Texas and its assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of ,
2018.
GRANTOR:
THE FELLOWSHIP AT FOREST CREEK
By:
Printed Name:
Its:
2.
ACKNOWLEDGMENT
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on this the day of ,
2018 by in the capacity and for the purposes and consideration
recited therein.
Notary Public, State of
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Manager
221 Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
3.