Loading...
CM-2019-0346 - 11/1/2019REAL ESTATE CONTRACT Kenney Fort Boulevard Right Turn Lane Right of Way THIS REAL ESTATE CONTRACT ("Contract") is made by and between WH7, LLC, a Texas limited liability company, (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 4,717 square foot tract of land out of and situated in the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas; being a part of Lot 1, Block A of Sonoma Northwest according to the map or plat thereof recorded in Document No. 2019044400 of the Official Public Records of said County; more My described in Exhibit "A", attached hereto and incorporated herein; 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 H PURCHASE PRICE Purchase Price 2.01. The Purchase Price for the Property and compensation for any improvements on the Property shall be the sum of TWENTY-'IHRLE THOUSAND FIVE HUNDRED EIGHTY-FIVE and 001100 Dollars ($23,585.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the CIosing. 00434102,00C Af-20 0� 40 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 Conti -act to be performed, observed, and complied with by Seller prior to or as of the Closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OFSELLER 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; ARTICLE V CLOSING Closiny, Date 5.01. The Closing shall be held at the office of Independence Title Company on or before November 24, 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 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 to allow Purchaser to obtain 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 CIosing 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, froth 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 SeIler'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 MISCE, LLANEOUS 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 panty. 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 pennitted 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] SELLER: WFIJ, LLC, a Texas limited liability company By: Nan 4:—,Jo w 1, Its: Date: D PURCHASER: CITY Or ROUND ROCK, TEXAS By: Laurie Hadley, Ci M nager Date:—t/--/—(q 7 Address• W V J C4/4,, 01/v Address: 221 East Main St. Round Rock, Texas 78664 ❑ �o w r 8 a a SOI ti o N �' vt �a �NO� e2•z4 `�---�a000' u , { a Ad 00� X19 N N ig ai d ©^4 +HOZ �o I `z_ �� CN LL ZZ O 2 9 Z s� a L Q� O� V Vo v S KENNEY FORT SOULL VAKU VADOC8N0 20 W405 OPH*'CY 100.00' CITY OF ROUND ROCK 1,633 ACRES DOC NO. 2Or r04340s OPRWC VVd 64.9Y-E6L0Z/EZ/01'dMP'M0Lf LiZL 006-ZtZL1M021-3UZL-NDoU-Punabks3op%ZVZLI6VZt-OOZLUNVlV.S IAJ Z Q g 2 M � Z V Vo v S KENNEY FORT SOULL VAKU VADOC8N0 20 W405 OPH*'CY 100.00' CITY OF ROUND ROCK 1,633 ACRES DOC NO. 2Or r04340s OPRWC VVd 64.9Y-E6L0Z/EZ/01'dMP'M0Lf LiZL 006-ZtZL1M021-3UZL-NDoU-Punabks3op%ZVZLI6VZt-OOZLUNVlV.S 4717 Square Feet THAT PART OF THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING A PART OF LOT 1, BLOCK A OF SONOMA NORTHWEST ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN DOCUMENT NO. 2019044400 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (OPRWC), MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a 112" iron rod found at the southeast corner of said Lot 1, Block A, being the northeast comer of that 1.496 Acre Tract conveyed to the City of Round Rock by Dedication Deed for Forest Creek Drive (100-1oot wide right-of-way) recorded in Document No. 2005048301 OPRWC, same being the southwest comer of Lot 1, Block M of SONOMA SECTION 10 according to the plat thereof recorded in Document No. 2004034437 OPRWC, from which a 112" iron rod found on the ,East Line of said Lot 1, Block A at the southeast comer of that 5.568 Acre Tract conveyed to WHJ, LLC. by deed retarded in Document No. 2016011901 OPRWC bears, N16° 17'l I"W (Bearing Basis) a distance of 382.24 feet; THENCE S87°48'39"W along the south line of said Lot 1, Block A, being the north right-of-way line of said Forest Creek Drive and the north line of said I A96 Acre Tract, a distance of 108.19 feet to the POINT OF BEGINNING; THENCE S87°48'39"W along the south line of said Lot 1, Block A, being the north right-of-way line of said Forest Creek Drive and the north line of said I A96 Acre Tract, a distance of 385.05 feet to a 112" iron rod with 'RJ SURVEYING" cap found for the southwest corner of said Lot 1, Block A, being the southeast corner of that 1.633 Acre Tract conveyed to the City of Round Rock by Donation Special Warranty Deed for Arterial A Right -of -Way (now known as Kenney Fort Boulevard being a variable -width right-of-way) by deed recorded in Document No. 2011043405 OPRWC; THENCE along the east line of said 1.633 Acre Tract and along the west line of said Lot 1, Block A, N47°49' 03"W a distance of 17.16 feet, from which a found 112" iron rod with "RJ SURVEYING" cap bears N47049'03"W a distance of 40.38 fact; THENCE across said Lot 1, Block A the following three (3) courses: 1. N87°48'39"B a distance of 400.10 feet; 2. S02112'53"E a distance of 2.01 feet to a point of curvature of a non -tangent curve to the right; 3. Southwesterly along Said curve, an arc length of 10.45 feet, having a radius of 25.00 feet, a central angle of 23056'59", and a chord bearing S13123'1 I"W a distance of 10.38 feet to the POINT OF BEGINNING. Containing 4717 square feet, more or less. All iron rods found are uncapped unless noted otherwise. This field notes description is submitted in conjunction with an Exhibit Map made a part hereof by reference. All bearings are based on the plat of SONOMA NORTHWEST recorded in Document No. 2019044400 of the Official Public Records of Williamson County, Texas. Williamson Central Appraisal District Refarenca Number R584465, John D. Kipp Registered Professional Land Surveyor No, 5844 State of Texas RJ Surveying & Associates, Incorporated 2900 Jazz Street Round Rock, Texas 78664 FIRM No. 10015400 Page 2 oft S:ILAND1200.1249112421docs\Round-Rack 12ft-ROW11242-900 12FT LEGAL DESC.docx EXHIBIT "B" DEED Kenney Tort Boulevard 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 LICENSE NUMBER. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That WHJ, LLC, a Texas limited liability company, 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 Iand 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 4,717 square foot tract or land out of and situated in the P,A. Holder Survey, Abstract No. 297 in Williamson County, Texas; being a part of Lot 1, Block A of Sonoma Northwest according to the map or plat thereof recorded in Document No. 20I9044400 of the Official Public Records of said County; more fully described in Exhibit "A", attached hereto and incorporated herein. 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. U0434146.DDC 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 samc; 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 Iocated 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 Kenney Fort Boulevard or Forest Creek Drive. 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. IN WITNESS WHEREOF, this instrument is executed on this the day of , 2019. GRANTOR: WHJ, LLC, a Texas limited liability company By Name: Its• 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 Clerk 221 Main Street Round Rock, Texas 78664 AFTER RECORDING RETURN TO: 3. City of Round Rock RaUNa ROCK TEX4�. Agenda Item Summary Agenda Number: Title: Consider executing a Real Estate Contract with WHJ, LLC for the Kenney Fort Boulevard Right Turn Lane Right of Way Project. Type: City Manager Item Govern €ng Body: City Manager Approval Agenda Date: 11/1/2019 Dept Director: Gary Hudder, Transportation Director Cost: $23,585.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: RE Contract-00434192.PDF, Exhibit-00434254.PDF, LAF-00434281.PDF Department: Transportation Department Text of Legislative File CM -2019-0348 This parcel was identified for purchase as part of the property's site development review with the City. The proposed land unit value purchase price is based on similar appraisal values obtained by the City in the vicinity of the property, and is recommended for approval by the Transportatio Department. Cost. $23,585.00 Source of Funds: Round Rock Transportation and Economic Development Corporation (Type B) City of Round Rock Page 1 Printed on 10/31/2019