Contract - Faith Baptist Church - 2/14/2019 REAL ESTATE CONTRACT
Gattis School Road Ph. 6 Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between FAITH
BAPTIST CHURCH OR ROUND ROCK, TEXAS, INC., (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 0.260 acre (11,312 square foot) tract of land out of and situated
in the Samuel Jenkins Survey, Abstract No. 347 in Williamson County, Texas;
more fully described in Exhibit "A", attached hereto and incorporated herein
(Parcel 11);
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 ONE HUNDRED FIVE THOUSAND FIVE
HUNDRED and 00/100 Dollars ($105,500.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
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Seller's Obli,,ations 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) Provide reasonable assistance as requested to cause Title Company to provide
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.
3
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
SELLER:
FAITH BAPTIST CHURCH OF ROUND ROCK, TEXAS, INC.
Address: �`�.�� �ly��►S Scho��/2C�
Name: /�Qyy►d K/�- !�G/Z
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Date:
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PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: 1AAddress: 221 East Main St.
Craig rgan, or Round Rock, Texas 78664
Date: `.1M
7
Page 2 of 4
4) THENCE, departing said existing southerly ROW line, with the common boundary line of said
FBC Addition and said Christ Covenant Addition, S 17012'14" E,for a distance of 30.58 feet to an
iron rod with aluminum cap stamped "ROW 4933" set 73.57 feet right of proposed Gattis School
Road Baseline Station 164+01.06 in said proposed southerly ROW line, for the southeasterly
corner of the herein described tract, and from which, a 112" iron rod found, being the common
southerly corner of said FBC Addition and said Christ Covenant Addition, same being the
common northerly corner of Lot 12 and Lot 11, Block "A", said High Country, Section One, bears
S 17012'14" E, at a distance of 274.38 feet;
THENCE, departing said Christ Covenant Addition, with said proposed southerly ROW line, through the
interior of said FBC Addition, the following two(2)courses:
5) S 82°24'04" W, for a distance of 76.88 feet to an iron rod with aluminum cap stamped "ROW
4933" set 67.22 feet right of proposed Gattis School Road Baseline Station 163+22.21, for an
angle point;
6) S 69°28'53" W, for a distance of 238.93 feet to the POINT OF BEGINNING, containing 0.260
acre(11,312 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 State 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,Williamson County, Texas.
cza�t,�I/zj //1" 6�
M. Step en Tr esdale r Date
Registered Professional Land Surveyor No. 4933 OF
Licensed State Land Surveyor �*�.�4'�5IWO-. "
Inland Geodetics, LLC
Firm Registration No: 100591-00 •••••-••••••►•�«•••••M••••••
M.STEMIEN TRUESDALE
1504 Chisholm Trail Road, Suite 103 ....to.........•.•...
....1•i•.ir
Round Rock, TX 78681 ,1. s 49:33 rlQ
S:1_BROWN&GAMATTIS SCHOOL-REDBUD TO VIA SONOMA\PARCELS\PARCEL 11-FAITH BAPTIST CHURCH\PARCEL 11-FAITH BAPTIST
CHURCH.DOC
_ EXHIBIT A .
PLAT TO ACCOMPANY PARCLI, DIWRIPTION 01/24/18
PAGE 4 OF 4
LEGEND
i!F FENCE CORNER POST FOUND q. CENTER LINE
%2" IRON ROD FOUND UNLESS NOTED f PROPERTY LINE
( > RECORD INFORMATION
O %2" IRON ROD FOUND W/PLASTIC CAP LINE BREAK
0 COTTON GIN SPINDLE FOUND N DENOTES COMMON OWNERSHIP
O %2" IRON PIPE FOUND UNLESS NOTED P.O. B. 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
WILLIAMSON COUNTY, TEXAS
CALCULATED POINT
0.'R,W. C. T. OFFICIAL RECORDS
0 %2" 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
P.R.Y1.C. T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
1) ALL BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM, NAD 83, CENTRAL ZONE.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT.
THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT ,`f •U� '.�'"
NOT DEPICTED HEREON. r e 0�
1 HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE «t.w•..h".,M►r.awa.N.•
`ti,.s�Erns. .
BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY ..+y..«�.........�.
SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE ` 9 4933
GROUND UNDE Y DIRECT SUPERVISION.
)A. STE
EN TR ESDALE DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 ACRES FEET
LICENSED STATE LAND SURVEYOR ACQUISITION 0.260 11,312
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00 CALC/DEED AREA 2,39 104, 108
1504 CHISHOLM TRAIL ROAD, SUITE (03
ROUND ROCK, TEXAS 78681 REMAINDER AREA 2, 13 92,796
PARCEL PLAT SHOWING PROPERTY OF
I N L A N D U FAITH BAPTIST CHURCH
GEODETICS 'j OF ROUND ROCK, TEXAS PARCEL II
VROFFSSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD.STE.103
ROUND ROCK,TX.78681 SCALE PROJECT COUNTY
PH.(512)238-1200,FAX(S12)238-1251
FIRM REGISTRATION NO.100591-00 I" = 60' GATT I S SCHOOL ROAD W I LL I AMSON
So\■BROWN&GAY\GATTIS SCHOOL-REDBUD TO VIA SONOMA\PARCELS\PARCEL II-FAITH BAPTIST CHURCH\PARCEL 11-FBC.dgn
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 /7- day of ,kA1144)Z
2011 .
GRANTOR:
FIRST BAPTIST CHURCH OF ROUND ROCK, TEXAS, INC.
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Name:
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