CM-2018-1943 - 11/9/2018Page I of 3
Parcel 6
TEMPORARY CONSTRUCTION WORKSPACE EASEMENT
Gattis School Road Waste Water Improvements
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS:
That DOUGLAS E. MARTIN and MARTHA J. MARTIN, referred to as "Grantor", in
consideration of $10.00 and other good and valuable consideration paid by CITY OF ROUND ROCK,
TEXAS, ("GRANTEE") does hereby grant to GRANTEE, its agents, contractors, successors and
assigns, a temporary construction workspace easement for the purpose of additional workspace and
temporary storage of material and equipment to allow construction and installation of proposed waste
water line facilities and other necessary structures and related appurtenance construction ("Project"), all
to be located within adjacent easements or right of way owned or possessed by GRANTEE, in, along,
upon and across the property ("Property") located in the County of Williamson, State of Texas, more
fully described in Exhibit "A" attached hereto and made a part hereof for any and all purposes.
For the consideration above recited and the mutual covenants and conditions herein contained the
parties further agree as follows: NIA.
Following completion of work within the temporary construction workspace easement area
described in Exhibit "A", if GRANTEE has removed or damaged improvements, herbage, or
landscaping within said easement area or otherwise on Grantor's property, GRANTEE shall at its
expense restore properties injured by GRANTEE's activities as closely as commercially possible to
substantially the same condition as existed previous to GRANTEE's entry upon the particular property,
taking into account the proposed modifications as described herein.
To the extent allowed by law, GRANTEE shall indemnify Grantor against any loss and damage
which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent
act or omission of GRANTEE's agents or employees in the course of their employment.
This Easement and License shall be in full force and effect at all times during the
accomplishment and completion of the construction Project activities described above. Said Easement
shall terminate and all use rights within land area shall revert to the Grantor, their heirs, and assigns, and
all interest conveyed herein shall cease on the expiration of twelve (12) months from the date of first
entry upon the property described in Exhibit "A" for the purposes set out herein, or on the date of
completion of construction of the Project activities described above, whichever occurs first. Grantee
shall only remove any hardwood trees larger than 6 (six) inches in diameter from the temporary
construction workspace easement areas if approved and determined by the City Engineer in advance to
be necessary and required for reasonable access to the Property to carry out the purposes identified
herein.
GRANTEE shall be allowed to extend the duration of the Temporary Construction Workspace
Easement identified herein for up to twelve (12) additional thirty (30) day periods upon: (1) notification
to Grantor in writing of the requested extension period(s), and (2) tendering the additional sum of $250
for each additional extension period used.
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IN WITNESS WHEREOF, the parties hereto have executed this instrument this day of
, 2018.
GRANTOR:
Douglas E. Martin
Martha J. Martin
Acknowledeemenf
State of Texas
County of
This instrument was acknowledged before me on by
Douglas E. Martin and Martha J. Martin, in the capacity and for the purposes and consideration recited
herein.
Notary Public—State of Texas
Page 3 of 3
AGREED:
CITY OF ROUND ROCK, TEXAS
By:Xm0,4'do�z -
Laurie Hadley, C t , Manager
Acknowledgement
State of Texas
County of Williamson
This instrument was acknowledged before me on Nay� � by
Laurie Hadley, City Manager for the City of Round Rock, Texas, in the capacity and for the purposes
and consideration recited herein.
After recording return to:
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Notary Public 'tate of Texas
REAL ESTATE CONTRACT
Gattis School Road Pli. 6 Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between DOUGLAS E.
MARTIN and MARTHA J. MARTIN, (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 far, the tract(s) of land described as follows:
All of that certain 0.184 acre ( 8,006 square foot) tract of land out of and situated in
the Asa Thomas Survey, Abstract No. 609 in Williamson County, Texas; more
fully described by metes and bounds in Exhibit "A", attached hereto and
incorporated herein (Parcel 6); and
Temporary construction workspace easement interest in and across all of that
certain 0.014 acre (600 square foot) tract of land out of and situated in the Asa
Thomas Survey, Abstract No. 609 in Williamson County, Texas; more fully
described on the plat to accompany parcel description in Exhibit "A", attached
hereto and incorporated herein (ParcelArTCE1;
to
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 11
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the Property, 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 THIRTY-THREE THOUSAND SIX HUNDRED EIGHTY-TWO and
001100 Dollars (S33,682.00).
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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 Obli vations
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 Prol2crty herein is bein - conve cd 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
November 30, 2018, 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:
(I) 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) Deliver to the City of Round Rock, Texas a duly executed and acknowledged
Temporary Construction Workspace Easement in and across the Property as shown on the Plat to
accompany parcel description in Exhibit "A", free and clear of all liens and restrictions,
(3) The Deed shall be in the form as shown in Exhibit "B" attached hereto. The Temporary
Construction Workspace Easement shall be in the form as shown in Exhibit "C" attached hereto.
(4) Cooperate to ensure that the Title Company will 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
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(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 Closine
5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion ofthe 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) Dccd, 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 V1
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.
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ARTICLE VIl
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 111 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 rcmedy hereunder in such event. If no Escrow
Deposit has been made then Seller shall receive the amount of 5500 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 Annlv
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
ifthe invalid, illegal, or unenforceable provision had never been contained herein.
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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 bender, 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 fling 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.
Counter arts
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.
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SELLER:
Dougj,04T. Martin
Date: 0 lg
Date: h,113 / 2d 1
Address: 19',? r 4r,,.a
Address: 3 5,2 5 Ga 11�ar f
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PURCHASER:
CITY OF ROUND ROCK, TEXAS
Date: 11— q'� u
9
Address: 221 East Main St.
Round Rock, Texas 78664
City of Round Rock
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ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider execution of a Real Estate Contract with Douglas E. Martin and
Martha J. Martin to purchase property interests required for the Gattis School
Rd. and Gattis School Wastewater construction projects, and execution of a
Temporary Construction Easement agreement in connection with same.
(Parcel 6).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/9/2018
Dept Director: Gary Hudder
Cost: $33,682.00
Indexes: Self -Financed Wastewater Construction; RR Transportation and Economic
Development Corporation (Type 8)
Attachments: 00412740.PDF, 00412588.PDF
Department: Transportation Department
Text of Legislative File CM -2018-1943
Consider execution of a Real Estate Contract with Douglas E. Martin and Martha J. Martin
to purchase property interests required for the Gattis School Rd. and Gattis School
Wastewater construction projects, and execution of a Temporary Construction Easement
agreement in connection with same. (Parcel 6).
The contract purchase price of $33,682.00 is equal to the City's appraised value for this
property acquisition.
Cost. $33,682.00
Source of Funds: RR Transportation and Economic Development Corporation (Type B)
and Self -Financed Wastewater Construction
City of Round Rock Pape 1 Printed on 11/8/2018