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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. 00415443.DOC rz -Zo[�-ooe Z 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 Its: hs'��2— Date: l �� 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. Y� Name: Its: S �01Z 2.