CM-2019-0130 - 5/17/2019REAL ESTATE CONTRACT
Gattis School Road Ph. 6 Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between MARY B.
CHITTIM, (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 0.077 acre (3,348 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 7 ;
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 FIFTEEN THOUSAND FIVE HUNDRED and 001100 Dollars
($15,500.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
W,2DPq-P130
00422051. 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 Iessees, 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 beingconveyed 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
May 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").
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) Provide reasonable assistance as requested and at no cost to Seller 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 Iien 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.
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) 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.
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]
SELLER:
Date;
PURCHASER:
CITY OF ROUND ROCK, TEXAS
AI l
Hadley, :, :,
Date, 5 1 -7 .'r j
Address4 Al ',' /f -!If
.
Addreu: 221 East Main St.
Round Rock, Tcxas 78,664
04-12-2018
Page 1 of 4
EXHiSIT ` "
County: Williamson
Parcel: 7
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 7
DESCRIPTION OF A 0.077 ACRE (3,348 SQUARE FOOT) TRACT OF LAND SITUATED IN THE SAMUEL
JENKINS SURVEY, ABSTRACT NO. 347, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1,
BLOCK "B', BRADFORD PARK SECTION THREE, A SUBDIVISION OF RECORD iN CABINET O, SLIDES 299-300
OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, DESCRIBED IN GENERAL WARRANTY DEED TO
MARY B. CHITTIM RECORDED IN DOCUMENT NO. 2000035991 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 0.077 ACRE (3,348 SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a 112 inch Iron rod found 106.70 feet right of proposed Gallis School Road
Baseline Station 151+59.16, being an angle point in the existing westerly right-of-way (ROW) line of Bradford Park
Drive (60' ROW width), same being In the easterly boundary line of said Lot 1;
THENCE, with the common boundary line of said Lot 1, and said existing ROW line, N 02"51'59" W, for a distance of
13.60 feet to an iron rod with aluminum cap stamped "ROW 4933" set, (Grid Coordinates determined as
N=10154668.11, E=3150305.18 TxSPC Zone 4203), 93.14 feet right of proposed Gattis School Road Baseline
Station 151+60.12, in the proposed southerly ROW line of said Gatlis School Road, (ROW width varies), for the
southeasterly corner and POINT OF BEGINNING of the herein described tract;
THENCE, departing said Bradford Park Drive, with said proposed southerly ROW line, through the interior of said Lot
1, the following two (2) courses:
1) N 48°03'65" W, for a distance of 24.88 feet to an iron rod with aluminum cap stamped 'ROW 4933" set
74.40 feet right of proposed Gailis School Road Baseline Station 151+44.17, for an angle point;
2) S 87.23'26" W, for a distance of 322.29 feel to an Iron rod with aluminum cap stamped "ROW 4933" set
66.00 feet right of proposed Gattis School Road Baseline Station 148+27.52, being In the westerly boundary
line of said Lot 1, same being in the easterly boundary line of that called 5.30 acre tract of land being
described In Warranty Deed to Douglas E. Marlin and Wife, Martha J. Martin recorded in Volume 821, Page
258 of the Deed Records of Williamson County, Texas, for the southwesterly corner of the herein described
tract, and from which, a 318" iron rod found, being the southwesterly corner of said Lot 1, some being the
northwesterly corner of Lot 2, of said Subdivision, in the easterly boundary line of said 5.30 acre tract bears
S 02000'22" E. at a distance of 109.55 feet;
3) THENCE, departing said proposed southerly ROW line, with the common boundary line of said Lot 1 and
said 5.30 acre tract, N 02°00'22" W, for a distance of 8.99 feet to the calculated northwesterly corner of said
Lot 1, same being an ell corner in the existing southerly ROW line of Galtis School Road (ROW width
varies), for the northwesterly corner of the herein described tract, and from which a 112" iron rod found in
said existing southerly ROW line, same being in said easterly boundary line of 5.30 acre tract bears
N 00052'00" W. at a distance of 16.18 feet;
4) THENCE, departing said 5.30 acre Iracl, with said existing ROW line, same being the northerly boundary
line of said Lot 1, N 87006'42" E, for a distance of 314.61 feet to a calculated point of curvature of a non -
tangent curve to Ilia right;
Page 2 of 4
THENCE, departing said existing southerly ROW line, with the common boundary line of said Lot 1 and the westerly
ROW line of said Bradford Park Drive, the following two (2) courses:
5) Along said curve to the right, having a delta angle of 88°02'06", a radius of 25.77 foot, an arc length of 39.59
feet and a chord which bears S 47°34'5511 E, for a distance of 35.81 feet to a 112 inch iron rod found;
6) S 02.61'59" E. for a distance of 2.64 feet to the POINT OF BEGINNING, containing 0.077 acre (3,348
square feel) 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 1, 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 HA;rD SEAL at Round Rock, Williamson County, Texas.
LIU—
M. Steph6n Truesdale'
Registered Professional Land Surveyor No. 4933
Licensed Slate Land Surveyor
Inland Geodelics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
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04/12/10
PAGE 3 OF 4
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D. R. W. C. T. i W BRADFORD PARK, SECTION 3 LOT 2
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16.18'
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502'51'59'E
2.64'
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(16.23')
NUMBER
DELTA RADIUS
LENGTH
CHORD
CHORD
BEARING
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88002'06' 25.77'
39.59'
35.81'
S47.34'
55"E
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(25.00')
(39.27')
(35.36')
(545'25'00'E)
INLANDc1
GE0DETICS i
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM YRA1L RD. STE. 103
ROUND ROCK, TX. 78661
PH, (512) 238-1200, FAX(512) 2311-12x1
• c,nunrramaAmnuun .nnce._m r
PARCEL PLAT SHOWING PROPERTY OF
MARY B. CH I TT 1 M
SCALE.PROJECT COUNTY
1" - 60' GATTIS SCHOOL ROADI WILLIAMSON
PARCEL 7
An
PLAT TO ACCOMPANY PARCEL D1;SCRIPTI0N
LEGEND
* FENCE CORNER POST FOUND
q %2" IRON ROD FOUND UNLESS NOTED
0 1/2" IRON ROD FOUND W/PLASTIC CAP
O COTTON GIN SPINDLE FOUND
O %2- IRON PIPE FOUND UNLESS NOTED
X X CUT FOUND
A 60/0 NAIL FOUND
A CALCULATED POINT
0 %2" IRON ROD 1Y/ ALUMINUM CAP
STAMPED "ROW -4933- SET
(UNLESS NOTED OTHERWISE)
i CENTER LINE
It PROPERTY LINE
{ �) RECORD INFORMATION
— LINE BREAK
IV DENOTES COMMON OWNERSHIP
P.O.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
N. T. S. NOT TO SCALE
D. R. W. C. T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
0. R. W. C. T. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
0. P. R. W. C. T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P. R. 11. 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
NOT DEPICTED HEREON.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY
SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE
GROUND UNDERMj DIRECT SUPERVISION.
d' /CA� ��L' �Itm�lt2ly
M. STEPHEN 'TRL4SDALE DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LLC
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 70601
INL.ANDu
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHiSHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78881
p)1.(S12) 231-1200. FAX(SI2) 2311-12SI
3. FIRA1 REGISTRATION NO. 100591-00 I
I
PARCEL PIAT SHOWING PROPERTY OF
MARY B. CHITTIM
SCALE PROJECT COUNTY
1" a 60' CATTIS SCHOOL ROAD V1IILL IAMSON
4933
E'S81
4Nn.
sof
04/12/18
PAGE 4 OF 4
ACQUISITION 0.077 1
3,348
CALC/DEED AREA 0.93 1
40.569
REMAINDER AREA 0.853
37,221
PARCEL
7
Parcel 7
EXHIBIT 'tB"
DEED
Gattis School Road Ph. 6 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 MARY B. CHITTIM, 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 0.007 acre (3,348 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 7
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.
00422052 DOC
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:
Mary B. Chittim
2.
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this the day of ,
2019 by Mary B. Chittim, 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.
City of Round Rock
' ROUND ROCK
xAw Agenda Item Summary
Agenda Number:
Title: Consider executing a Real Estate Contract with Mary B. Chittim to purchase
a 0.077 acre tract of land required for construction of the proposed Gattis
School Road Improvement Project (Parcel 07).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/17/2019
Dept Director: Gary Hudder
Cost: $15,500.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: LAF-00423710.PDF, Agreement-00423625.PDF, Exhibits-00418091.PDF
Department: Transportation Department
Text of Legislative File CM -2019-0130
The City's original appraised value and offer amount was $10,233. The owner initially
Presented a counteroffer of $18,500, which was rejected. After additional neogitation with the
owner a proposal in the current purchase amount was considered and recommended by the
Transportation Director, and was accepted by the owner.
Cost. $15,500.00
Source of Funds: RR Transportation and Economic Development Corporation (Type B)
City of Round Rock Page 1 Printed on 511012019
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