Contract - Fard Agahi - 12/6/2018 REAL ESTATE CONTRACT
Kenney Fort Boulevard Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between FARID
AGAHI, (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 5.17 acre 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
5.19 acre tract of land as described in a deed to Farid Agahi and recorded in
document No. 2013003398 of the Official Public Records of said County; more
fully described in Exhibit "A", attached hereto and incorporated herein Parcel
10 ;
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, 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 ONE MILLION THREE HUNDRED FIFTY THOUSAND and 00/100
Dollars($1,350,000.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
00413410.DOC
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.
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Independence Title Company on or before
January 31, 2019, 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").
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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.
Closina 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 been made then Seller shall receive the amount of$500 as liquidated damages for any
failure by Purchaser.
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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]
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SELLER:
Address: cW00 z4P,-sherd -Y�Lm cv
Farid Agahi &A/// 6I
7-X 7x730
Date: �I f 15/oclo I g
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: Address: 221 East Main St.
Craig Mo gan, or Round Rock, Texas 78664
Date: 12— • '
7
EXHIBIT "A"
PARCEL 10
Variable Width Right-of-Way Acquisition
METES AND BOUNDS DESCRIPTION OF A
5.17 ACRE TRACT OF LAND OUT OF THE
FARID AGAHI TRACT
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 5.17 ACRE TRACT OF LAND SITUATED IN THE A. THOMAS SURVEY,
ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS; BEING A PORTION OF A
CALLED 5.19 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO FARID AGAHI
AND RECORDED IN DOCUMENT NO. 2013003398 OF THE OFFICIAL PUBLIC
RECORDS OF SAID COUNTY AND DESCRIBED IN DOCUMENT NO. 2011068189 OF
THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY; SAID 5.17 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2-inch iron rod with yellow cap stamped "B&G Surveying" found for the
common northeast corner of said 5.19 acre tract and the northwest corner of a called 5.27 acre
tract of land as described in a deed to Lloyd Rodenbeck Jr. and wife, Angela Rodenbeck and
recorded in Document No. 199975263 of the Official Public Records of said County, being on
the south right-of-way line of Gattis School Road (variable width right-of-way), for the northeast
corner and POINT OF BEGINNING hereof;
i
THENCE with the common east line of said 5.19 acre tract and the west line of said 5.27 acre
tract, South 180 44' 06" East, pass a 1/2-inch rod with aluminum cap stamped "C.O.R.R.
R.O.W." set at a distance of 61.25 feet, continuing for a total distance of 791.45 feet to a
3/8-inch iron rod found for the common southeast corner of said 5.19 acre tract and the
southwest corner of said 5.27 acre tract, being on the north line of a called 5.53 acre tract of i
land as described in a deed to Richard G. Nord and wife, Joy Nord and recorded in Volume 906, 1
Page 289 of the Deed Records of said County, for the southeast corner hereof;
i
THENCE with the common south line of said 5.19 acre tract and the north line of said 5.53 acre
tract, South 870 55' 46" West, a distance of 264.44 feet to a 5/8-inch iron rod found for the j
common southwest corner of said 5.19 acre tract and northwest corner of said 5.53 acre tract,
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Page 1 of 3
being on the east line of a called 41.153 acre tract of land as described in a deed to the State of
Texas and recorded as Parcel No. 2, Part 6 in Volume 1970, Page 515 of the Official Records of
said County, for the southwest corner hereof-,
THENCE with the common west line of said 5.19 acre tract and the east line of said 41.153 acre
tract, North 23" 381 59" West, a distance of 796.44 feet to a calculated point for the northwest
corner of said 5.19 acre tract, being on the south right-of-way line of said Gattis School Road,
for the northwest corner hereof;
THENCE with the common north line of said 5.19 acre tract and the south right-of-way line of
Gattis School Road, North 84'0 52' 58" East, a distance of 330.87 feet to the POINT OF
BEGINNING and containing 5.17 acres of land and based on the survey and exhibit drawing
made by CP&Y, Inc.
This metes and bounds description is accompanied by an exhibit drawing.
Basis of Bearings: Bearings are based on the Texas Central State Plane Coordinate System
NAD '83 (HARN '83), which is based on. Leica's Central Texas GPS Cooperative CORS RTK
Network.
Surveyed in the fi January and February, 2018.
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re A. Nolen, R.PrS. No. 5589 MARGARETAMOLE
5S89 N
CP&Y, Inc. -�V - I-- ---- -
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One Chisholm Trail, Suite 130
Round Rock, Texas 78681 %a
Ph. (512) 248-0065 OUT%
TBPLS Firm No. 10194125
Project No. 1500603
(3:\PROJECTS\1500603R-Kenney Fort Blvd. Extension\METES AND BOUNDSM00603R PARCEL 10,doo
Page 2 of 3
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EXHIBIT t t A 0
PARCEL 10
(VARIABLE WIDTH RIGHT-OF-WAY ACQUISITION)
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION
OF A 5.f7 ACRE TRACT OF LAND
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LOCATION MAPSc.HOOL ROAD FIELD NOTE
C� GATT-IS WIDTH F-o.W.) POINT OF
(VARIABL-' BECINNING
.76)
(N 86-12'46'% 33
E 331
R.O.W, UNE 4-520580 E 0,87 p
GATTIS SCHOOL RD. N 8 1$0r , Zp
0 SITE
4,5 CALLED 5,27 ACRES Q {
ROUND ROCK VARIABLE WIDTH LLOYD RODENBECK JR.
RIGHT—OF—WAY ACQUISITION AND WIFE,
5.17 ACRES ANGELA RODENBECK
DOC. NO. 199975263
O.P.R.W.C.T.
E LEGEND
0CALLED 5.19 ACRES
1/2" IRON ROD FOUND
tk FARID AGAHI
S, DOC. NO. 2013003398
(UNLESS OTHERWISE NOTED) 0
Ot O.P.R.W.C.T.
Q= 1/2" IRON ROD WITH YELLOW CAP DESCRIBED IN:
STAMPED "B&G SURVEYING" FOUND DOC. NO. 2011068189
0 = 1/2" IRON ROD WITH ALUMINUM CAP O.P.R.W.C.T.
STAMPED "C.O.R.R. R.O.W." SET
A= CALCULATED POINT SCALE: 1 150'
R..0.W. = RIGHT—OF—WAY Z-
0
D.R.W.C.T. = DEED RECORDS WILLIAMSON COUNTY,
TEXAS p
LQ
O.R.W.C.T. OFFICIAL RECORDS WILLIAMSON
9
COUNTY, TEXAS 101
O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS, 01
WILLIAMSON COUNTY, TEXAS
GENERAL NOTES:
1) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. -A
",� . .3/8w
2) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS 01
AND CONDITIONS THAT MAY BE APPLICABLE. 5/8- S 87-5546" W 264.441
3) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. (S 891-36'19" W 264.47)
4) BEARINGS ARE BASED ON THE TEXAS CENTRAL STATE PLANE CALLED 5.53 ACRES
2 COORDINATE SYSTEM NAD '83 (HARK '93), WHICH IS BASED ON LEICA'S RICHARD G. NORD AND WIFE, JOY MORD
X
CENTRAL TEXAS GPS COOPERATIVE CORS RTIC NETWORK. VOL. 906, PAGE 289 D.R.W.C.T.
M
I Chisholm Trail,Suite 130,Round Rock,Texas 78681 512.248.0065
TEXAS REGISTERED ENGINEERING FIRM F-1741
TBPLS10194125 0 F
ZV!.
X I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL WL AND BELIEF THAT x.
C P&yj
:0 THIS PLAT AND THE SURVEY UPON WHICH IT IS BASE 4UIREMENTS FOR MARGARET A.INOLEN
LAND SURVEYS IN THE STATE OF TEXAS. 5589
Ali I'a
SURVEYED DURING* S
JANUARY AND FEBRUARY, 2018 $to
AR RET A. NOLEN, R.P.L.S. NO. 5569
3 OF 3
0 150' 300' PLAT NO. A--5120 DRAFT DATE 02Z01/2018DRAWN By MAN
SCALE WORK ORDER NO 1500603
FIELDBOOK 303 — TAB # A--5120
0 2018 ALL RIGHTS RESERVED DIGITAL FILE 1500603R PARCEL 10 FM # 1500603R PARCEL 10
EXHIBIT "B"
Parcel 10
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 FARID AGAHI, a single person, 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 5.17 acre 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 5.19 acre
tract of land as described in a deed to Farid Agahi and recorded in document No.
2013003398 of the Official Public Records of said County; more fully described in
Exhibit"A", attached hereto and incorporated herein Parcel 10
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)
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.
00413413.DOC
'All
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:
Farid Agahi
2.
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of ,
2018 by Farid Agahi, in the capacity and for the purposes and consideration recited therein.
Notary Public, State of Texas
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.