CM-2019-0375 - 12/6/2019FIRST AMENDMENT TO REAL ESTATE CONTRACT
This First Amendment to Real Estate Contract (this "Amendment") is made and entered into as of
November 26, 2019, by and between WHd, LLC, a Texas limited liability company ("Seller"), and the
City of Round Rock ("Purchaser").
RECITALS:
A. Seller and Purchaser entered into a Real Estate Contract dated effective November 1, 2019
(the "Agreement") in connection with the purchase and sale of approximately 4,717 square feet of land
located in Williamson County, Texas, more particularly described in the Agreement (the "Property"),
being a portion of Lot 1, Block A, SONOMA NORTHWEST, according to the map or plat thereof recorded
under Document No. 2019044400, Official Public Records of Williamson County, Texas ("Lot 1'�.
B. Seller is under contract to sell Lot 1 to 2019 Sonoma, LLC, a Texas limited liability
company ("Sonoma") on or before December 5, 2019. Seller and Sonoma have agreed that Seller will sell
Lot 1 to Sonoma, will assign the Agreement to Sonoma, and Sonoma will sell the Property to Purchaser as
described in the Agreement (as amended by this Amendment).
NOW, THEREFORE, with respect to the foregoing Recitals, and in consideration of the covenants
contained herein and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the undersigned hereby amend the Agreement as follows:
AGREEMENT:
1. Defined Terms: Recitals. Capitalized terms used herein and not otherwise defined shall
have the meanings set forth in the Agreement. The Recitals set forth above are true, correct,
and incorporated into this Agreement for all purposes.
2. Closing Deadline. The Closing Date will occur on or before December 31, 2019.
3. Deed. The form of Deed to be delivered by Sonoma at Closing is the form attached hereto
as Exhibit A.
4. Counterparts. This Amendment may be executed in multiple counterparts, each of which
shall be deemed an original instrument, and all of which, taken together, shall constitute
one and the same instrument. The signature of any party hereto to any counterpart hereof
shall be deemed a signature to, and may be appended to, any other counterpart hereof. For
purposes of this Amendment, electronic signatures (e.g. signatures sent via facsimile or
email) shall be deemed to be originals.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date and year
above written.
SELLER:
WHJ, LLC, a Texas limited liability company
Date: Qz By: d �, / /I
ames Edward Home, President
PURCHASER:
CITY OF ROUND ROCK, TEXAS
Date: 4, ByQ!LLe��l U—i777&
Laurie Hadley, Manager
xhibit A
Form of Deed
SPECIAL WARRANTY DEED
Kenney Fort 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 2019 SONOMA, 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, has this day Sold and by these
presents does 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 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
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.
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 Iand for the construction and maintenance of
Kenney Fort Boulevard or Forest Creek Drive.
O 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, by, through or under Grantor but not otherwise.
N WITNESS WHEREOF, this instrument is executed on this the day of
December, 2019.
GRANTOR:
2019 SONOMA, LLC, a Texas limited liability company
�0
Name:
Its:
2
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:
City of Round Rock
ROUND ROCK
TFkXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a First Amendment to Estate Contract with WHJ, LLC for
the Kenney Fort Blvd., Right Turn Lane 1 ROW project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/6/2019
Dept Director: Gary Hudder
Cost:
Indexes:
Attachments: WHJ--1st Amendment to purchase contract for 4,717 SF RTL r.o.w.--Kenney
Fort (signed by owner) (00436165xAOBF8), LAF - First Amendment to Real
Estate Contract w- WHJ, LLC - Kenney for Boulevard RTL r.o.w. 4,717 SF
(00436158xA08F8)
Department: Transportation Department
Text of Legislative File CM -2019-0375
No additional funds will be required for this item. The initial purchase contract for this right turn
lane ROW was approved via CM -2019-0346. The new request for contract amendment is
being completed because a sales transaction for the parent tract from which our portion is
located is going to be completed before we could close the city's transaction. This amendment
allows us to complete the city's transaction with the new parent tract owners on the same terms
as previously agreed.
City of Round Rock Page 1 Printed on 12/512018