R-2019-0086 - 2/14/2019 RESOLUTION NO.R-2019-0086
WHEREAS, the City of Round Rock("City") desires to purchase all of that certain 0.301-acre
tract of land necessary for construction of the proposed Gattis School Road Right of Way Project
(Parcel 1); and
WHEREAS, The Fellowship at Forest Creek, the owner of the Property, has 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 The Fellowship at Forest Creek, 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 14th day of February, 2019.
14 Jo/
CRAIG RG Mayor
City of ound ock, Texas
ATTEST:
'A,L
SARA L. WHITE, City Clerk
OIR.I W2;W,Ii)16
EXHIBIT
„A„
REAL ESTATE CONTRACT
Gattis School Road Right of Way
THIS REAL ESTATE CONTRACT ("Contract!) is made by and between THE
FELLOWSHIP AT FOREST CREEK, a non-profit corporation (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 0.301 acre (13,116 square foot) tract of land out of and situated
in the Asa Thomas Survey, Abstract No. 609 in Williamson County, Texas; being
a portion of a called 5.32 acre tract of land as described in a deed to the Fellowship
at Forest Creek and recorded in document No. 2005011271 of the Official Public
Records of said County; more fully described in Exhibit "A", attached hereto and
incorporated herein Parcel 1 ;
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 w 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-NINE THOUSAND SIX HUNDRED
SEVENTY-EIGHT and 00/100 Dollars($59,678.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
00/16659 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
February 28, 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 refereed to as the"Closing Date").
2
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;
(6) 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) Cooperate with Purchaser to deliver 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.
3
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 home 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.
4
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.
5
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]
6
SELLER:
THE FELLOWSHIP AT FOREST CREEK,
a non-profit corporation Address:
By:
Its:
Date:
PURCHASER:
CITY OF ROUND ROCK,TEXAS
By: Address: 221 East Main St.
Craig Morgan,Mayor Round Rock, Texas 78664
Date:
7
04.13-2018
Page 1 of 4
EXHIBIT A
County: Williamson
Parcel : 1
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 1
DESCRIPTION OF A 0.301 ACRE (13,116 SQUARE FOOT)TRACT OF LAND SITUATED IN THE ASA.
THOMAS SURVEY, ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF '..
THAT CALLED 5.32 ACRE TRACT OF LAND (BEING TRACT 5 OF WESTVIEW SUBDIVISION
(UNRECORDED)), DESCRIBED IN WARRANTY DEED WITH VENDOR'S LIEN TO THE FELLOWSHIP
AT FOREST CREEK RECORDED IN DOCUMENT NO. 2005011271 OF THE OFFICIAL PUBLIC j
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.301 ACRE (13,116 SQUARE FOOT) TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a 112" iron rod found 702.72 feet right of proposed Gallia School
Road Baseline Station 136+41.15, being the southeasterly corner of said 5.32 acre tract,same being the
southwesterly corner of that called 5.339 acre tract of land described in Warranty Deed to Howard Lee ',..
Parham III and Janis Newby Parham recorded in Volume 2522, Page 647 of the Official Records of
Williamson County,Texas;
THENCE, with the common boundary line of said 5.32 acre tract and said 5.339 acre tract,
N 02°01'11"W, for a distance of 636.73 feet to an iron rod with aluminum cap stamped"ROW 4933"set,
(Grid Coordinates determined as N=10154623.92, E=3148781.80 TxSPC Zone 4203), 66.00 feet right of
proposed Gattis School Road Baseline Station 136+43.53, in the proposed southerly right-of-way(ROW)
line of said Gattis School Road, (ROW width varies), for the southeasterly comer and POINT OF
BEGINNING of the herein described tract;
THENCE,departing said 5.339 acre tract, through the interior of said 5.32 acre tract, with said proposed
ROW line, the following two(2)courses:
1) S 67°45'57" W, for a distance of 231.51 feet to an iron rod with aluminum cap stamped "ROW
4933" set 66.00 feet right of proposed Gattis School Road Baseline Station 134+12.03, for an
angle point,
2) S 88°56110" W, for a distance of 113.07 feet to an iron rod with aluminum cap stamped "ROW
4933" set 63.69 feet right of proposed Gattis School Road Baseline Station 132+98.98 in the
existing easterly ROW line of Westview Drive (50' ROW width), for the southwesterly corner of
the herein described tract, and from which, a 5/B" Iron rod found in said existing easterly ROW
line bears S 02°03'22°E, at a distance of 637.81 feet;
3) THENCE, departing said proposed southerly ROW line, with the common boundary line of said
5.32 acre tract and said existing easterly ROW line, N 02°03'22"W, for a distance of 36.25 feet
to the calculated northwesterly corner of said 5.32 acre tract,same being the northeasterly comer
of said Westview Drive in the existing southerly ROW line of Gallia School Road (ROW width
varies), also being in the northerly boundary line of said Weshiew Subdivision tract, for the
northwesterly corner of the herein described tract;
Page 2 of 4
4) THENCE, departing said Westview Drive, with said existing southerly ROW line of Galls School
Road, same being the northerly boundary line of said 5.32 acre tract and said Westview
Subdivision tract, N 87'48'15" E, for a distance of 344.59 feet to the calculated northeasterly
corner of said 5.32 acre tract, same being the northwesterly corner of said 5.339 acre tract, for
the northeasterly corner of the herein described tract and from which a 112 inch iron rod found
bears S 18°4710"W,at a distance of 0.81 feet;
5) THENCE, departing said existing southerly ROW line, with the common boundary line of said
5.32 acre tract and said 5.339 acre tract,S 02°01'11" E,for a distance of 38.33 feet to the POINT
OF BEGINNING, containing 0.301 acre(13,116 square feet)of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas Stale Plane Coordinate System, Central Zone No.
4203, NAD 83.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesdale, 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 direct supervision.
WITNESS MY HAND AND SEAL at Round Rock,,Wil�liamson County, Texas.
M.43tp Trues ale Date
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor OF
Inland Geodefics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103 •M'97[FYiENTR
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Round Rock,TX 78681 � A�'•-
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EXHIBIT "
PLAT '170ACCOMPANY PARCEL DESCRIPTION 04!13/18
PAGE S OF 4
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L2 S02.01' II •E 38.33' DETAIL D.R.W.C.T.
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o NE s ' FOREST CREEK PARCEL PRX,° „o YVMS
1$04 CNI51NNM TRAIL RD.STE 103 -
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IH,aIAxM-IMAEA%aID131-1151
BM1 MiSTRATION No.10591-0o I' - 60'_ I_GATTIS SCHOOL HEAD WI LL IAMSg4
S1\• GAY\OATTIS SCNDOL-REDBUD TO VIASOTIONANPAR L \ 4 EL I-EELLOWSNIP 0 FIXIEST CREEK\PARCEL 1- ELLOWSHIPo TCRE K.0g,
IEXHIBIT "A "
PLAT TO ACCOMPANY PARCRL DFSCRRDT'ION PACE 4 DE 0913/'8
LEGEND
FENCE CORNER POST FOUND 4 CENTER LINE
IRON ROD FOUND UNLESS NOTED R PROPERTY LINE
) RECORD INFORMATION
O 1/z• IRON ROO FOUND Y!/PLASTIC CAP -)A- LINE BREAK
O COTTON GIN SPINDLE FOUND N DENOTES COMMON OWNERSHIP
O ''/p' IRON PIPE FOUND UNLESS NOTED P.0.8. POINT OF BEGINNING
P.O.R, POINT OF REFERENCE
X X CUT FOUND N.T.S. NOT TO SCALE
A 60/D NAIL FOUND D.R.W.C.T. DEED RECORDS
A CALCULATED POINTWILLIAMSON COUNTY, TEXAS
O.R.W.C. T. OFFICIAL RECORDS
0 %z' IRON ROD W/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS
STAMPED 'ROW-4933' SET O.P,R.W.C.T. OFFICIAL PUBLIC RECORDS
(UNLESS NOTED OTHERWISE) WILLIAMSON COUNTY, TEXAS
1'.R.W.C. T. PLAT RECORDS
WILLIAMSON COUNTY. TEXAS
NOTE,
If SUBJECT TO RESTRICTIVE COVENANTS CITED IN CONVEYANCE
VOL. 675, PG. 774, DEED RECORDS WILLIAMSON COUNTY, TEXAS,
21 ALL BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM, HAD 83, CENTRAL ZONE. OF
31 THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. A, O 6 T,H
THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT 1p6 * v0
HOT DEPICTED HEREON. ....:........,w.....—'.
M.SrEPNENTT RM
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE {a 4933 p fCt'
BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY {40,„ rq [[
SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE g AFs 6'Q.+""l'�.Y
GROUND UNDER Y DIRECT SUPERVISION. su
M. STE EN TR SDALE OATS
REGISTERED PROFESSIONAL LAND SURVEYOR N0, 4933 A
LICENSED STATE LAND SURVEYOR ACOUISITION 0.301 13, IIG
INLAND GEODETICS, LLC
FIRM REGISTRATION 40. 100591-00 CA BE AREA 5,32 231.520
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 18681 REMAINDER AREA 5,02 1 218,404
1'AHCEL PLAT SHOWING PROPERTY OF
I N LA N Du THE FELLOWSHIP AT
GEODETICS .'1 FOREST CREEK __ PARCEL 1
.04 CHISMLMw.o.U.STE.1
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EXHIBIT "B"
Parcel 1
DEED
Gattis School Road 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, a non-profit corporation, 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 0.301 acre (13,116 square foot) tract of land out of and situated in the
Asa Thomas Survey, Abstract No. 609 in Williamson County, Texas; being a portion of
a called 5.32 acre tract of land as described in a deed to the Fellowship at Forest Creek
and recorded in document No. 2005011271 of the Official Public Records of said
County; more fully described in Exhibit "A", attached hereto and incorporated herein
Parcel I
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.
aoal�z ooc
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 Gattis School Road.
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 ,
2019.
GRANTOR:
THE FELLOWSHIP AT FOREST CREEK,
a non-profit corporation
By:
Name:
Its:
2.
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the _ day of
2019 by , 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.