CM-2019-0186 - 6/21/2019REAL ESTATE CONTRACT
Gattis School Road Ph. 6 Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between JAMES F.
AGROUGELIS and ALEXANDRIA HARRIS, (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 0.067 acre (2,932 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
1-9)_
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 Il
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 FORTY-EIGHT THOUSAND FIVE HUNDRED TWO and 00/100
Dollars ($48,502.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
00423636.1700 W1 2- 6147, 01 &&
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
June 30, 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").
2
Seller's Obli ations at Closin
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 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 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 A12121y
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 Sul2erseded
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.
Com 1p 'ance
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]
E�
SELL
i
�� %me's . Argoudelis r
Date:
Rol "o—i'MRS 0,539"111% r-2.1 IN= IN t�
Address: 9cri z
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Address: i�X�IA
MANIM, IMMWM�, N 4�
6 0(313
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By:
ity Manager
Date:
Address: 221 East Main St.
Round Rock, Texas 78664
Pinel 19
EXHIBIT "B"
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 JAMES F. ARGOUDELIS and ALEXANDRIA HARRIS, 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 0.067 acre (2,932 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 19
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.
00423637, 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
2019.
[signature pages follow]
2.
day of ,
GRANTOR:
ACKNOWLEDGMENT
STATE OF L, L 1 001 S §
COUNTY OF
'V, 1 �, L- §
i A
This instrument was acknowledged before me on this the day of---..�.`-�_r ,
2019 by James F. Argoudelis, in the capacity and for the purposes and consideration recited
therein.
FA
Notar�yP u b I i to f ltia��S
OFFICIAL SEAL ------
John F Argoudelis
Notary Public, State of Illinois
My Commission Expires 08/02/2022
3,
GRANTOR:
,-,l,'ll F'. ia
ACKNOWLEDGMENT
STATE OF 7-1610 j
COUNTY OF W • 11
This instrument was acknowledged before me on this the day of --iL—,
2019 by Alexandria Harris, in the capacity and for the purposes and consi ration recited
therein.
Notary Pu is State of LL/n 6
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:
4.
OFFICIAL SEAL
John F Argoudelis s
Notary Public, State of Illinois
My Commission Expires 08/02/2022
City of Round Rock
ROUNDi ROCK TEM, Agenda Item Summary
s
Agenda Number:
Title: Consider executing a Real Estate Contract with James F. Agrougelis and
Alexandria Harris for the purchase of a 0.067 acre right of way parcel
required for construction of the proposed improvements to Gattis School
Road (Parcel 19).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/21/2019
Dept Director: Gary Hudder, Transportation Director
Cost: $48,502.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: Contract-00425647.PDF, Exhibits-00425929.PDF, LAF-00426149.PDF
Department: Transportation Department
Text of Legislative File CM -2019-0186
The City's original appraised value for this acquisition was $44,104. The property owners
presented a counteroffer demand of $63,162, and the current contract price of $48,502 is
recommended for approval after consideration and analysis with the Transportation
Department.
Cost: $48,502.00
Source of Funds: Round Rock Transportation and Economic Development Corporation
Cityo/Round Rock Page 1 Pdnfed on &21!2019
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GATns SCHOOL ROAD - PARCEL 19
VALUATION OF THE FEE ACQUISITION
COMPENSATION SUMMARY
Paul Hornsby and Company
41
EXHIBIT "—°
PLAT TO ACCOMPANY PARCEL DESCRIPTION 03/13/::
REVI 10/ S/
REVr 03/06/19
I II I PAGE 3 OF 4
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& JAMES F. ARGOUDELIS & N,
DETENTION LOT �ia�l ALEXANDRIA HARRIS LOT 1
Ioo' DOC. NO. 2004008071(1.83 (1.83 AC.) o��I 0. P. R. W. C. T.
zz) MORNINGSIDE MEADOWS C
COMMERCIAL SUBDIVISION ��
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HIGH COUNTRY, j P. R. W. C. T. z I
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CAB. L, SLIDE 300-302 la° erfntuncE EnsE" nr
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\ SECTION ONE rr�
CAB. M, SLIDE 386-388 4. -
LOT 15 \ P. R. W. C. T. r�,�- I LOT 17
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PARCEL PLAT SHOWING PROPERTY OF
IV !_AND u JAMES F. ARGOUDEL I S &
GEODETICS .i
PROFESSIONALLAI SITRVEYORS ALEXANDRIA HARRIS PARCEL i g
1504 CHISHOLI.1 TRAIL RD. STE.103
ROUND ROCK, TX 78681 SCALE PROJECT COUNTY
FrR6(I RWtSTRATION ND 1140541200 I.- a 60' GATT I S SCHOOL ROAD W I LL I AMSON
Si\v:ROANLGAY\GATTIS SCHOOL -RECORD TO VIA SONOVAWARCEMPARCEL 19-JAVES F. ARGOUOELIS 6 ALEXAIIDRIA HARRIS%PARC[L 19-JAVES :. ARCOUDELIS 16 ALEXAHORIA HARRIS -030619.t