Contract - KAF II Development Company - 4/8/2021REAL ESTATE CONTRACT
Gattis School Road Ply. 6 Right of Way
THIS REAL ESTATE CONTRACT (""Contract") is made by and between KAI., II
DEVELOPMENT COMPANY, a Texas General Partnership (referred to in this Contract as
"Seller", whether one or more) and the CITY OF ROUNID 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 0.164 acre (7.150 square foot) tract of land situated in the Johil
H. Randall Survey, Abstract No. 531 in Williamson County, Texas; more stilly
described in Exhibit "A", attached hereto and incorporated herein Parcel 25);
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
Pure-hnc,e Price
2.01. The Purchase Price for the Property described in Exhibit "A." any improvements on
the Property, and any damage to and/or cost to cure the remaining property of Seller shall be the
sum of THREE HUNDRED THOUSAND and 00/100 Dollars ($300.000.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
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ARTICLE III
PURCHASER'S OBLIGATIONS
ConditIs ions to Purchaser's Obli ayations,
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 i*n 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,
Is Is
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; � °m
B
(b) Seller has complied with all applicable laws, ordinances, regulations, statutes.
rules, and restrictions relating to the Property, or any part thereof;
4.0.. The Property herein is being conveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
�.01. The Closing shall be held at the office of Independence Title Company on or before
April 16, 20~') 1, 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 I*f necessary for items as shown on the
Title Coml-nitment or in the contract (which date is herein referred to as the "Closing Date").
Seller's Obligations at Closing
5,a02e At the Closing Seller shall0
:
(1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Deed
indefeasible title in fee simple to all of the Property described in Exhibit "A,"
conveying good and
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
Company to provide Purchaser a Texas Owner's Title
by Title Company, i*n Purchaser's favor i*n the full
Grantee's fee simple and/or easement interests i*n and
exceptions listed herein, such other exceptions as may
the standard printed exceptions contained in the usu
provided, however:
and at no cost to Seller to cause Title
Policy at Purchaser's sole expense, issued
49
amount of the Purchase Price,, insuring
to the Property subject only to those title
be approved in writing by Purchaser, and
a I form of Texas Owner's Title Policy,
(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
Prorati*ons
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 i'*s 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.
C1
osinp, 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, i*f any, paid by Purchaser.
(3) All other closing costs shall be paid by Purchaser.
(4) Attorneys 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 i*n Article III having been satisfied and Purchaser
16 being in default and Seller not being in default hereunder,, Seller shall have the right to receive the
Escrow Deposit, i*f 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 i*n 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 Appiv
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.
Leal Construction
8.04. In case any one or more of the provisions contained 1"n this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceabill"ty 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. Tiimes 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.
V�
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.
Comoliance
8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that I*t 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 i*t 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 i*n any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered
effectiveonginals for purposes of this Contract.
[signature pagefollouls]
SELLER:
KAF II DEVELOPMENT COMPANY, a Texas General Partnership
x Address: 49 It i!� e7*13
its gener 1 partner
xxx xx
Manager 3
Date: � Z
PURCHASER:
CITY OF ROUND ROCK, TEXAS
0
Date: t.o. ?d
7
Address: 221 East Main St.
Round Rock. Texas 78664
3cn27=2018
Page 1 of 4
EXHIBIT
so=
County: Williamson
Parcel : 25
Project: Gattis School Road
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DESCRIPTION OF A 0.164 ACRE (7,150 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOHN H.
RANDALL SURVEY, ABSTRACT NO. 531 j IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1A
(2.090 ACRES), HIGHLAND ESTATES, SECTION IIA AMENDED PLAT OF LOTS 1 AND 2, A SUBDIVISION OF
RECORD IN CABINET BB, SLIDES 353.,354 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND
CONVEYED IN WARRANTY DEED WITH VENDOR'S LIEN TO KAF II DEVELOPMENT COMPANY RECORDED IN
DOCUMENT NO. 1998075538 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
0,164 ACRE (7,150 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a 1/2" iron rod with plastic cap stamped "Chaparral 4995" found 372.54 feet left of
proposed Gattis School Road Baseline Station 180+9732, being in the existing easterly right-of-way (ROW) line of
Red Bud Lane (C.R. 122), (ROW width varies), being the southwest corner of Lot 3 of the Highland'Estates, Section
IIA recorded in Cabinet H, Slides 32m33 of the Plat Records of Williamson County Tx., same being the northwesterly
corner of said Lot 1A;
THENCE, with the common boundary line of said Lot 1A and said existing ROW line of Red Bud Lane, S 02027'18" E,
for a distance of 271.41 feet to an iron rod with aluminum cap stamped "ROW 4933" (Grid Coordinates determined as
N=10155113.15, E=3153192.36 TxSPC Zone 4203) set 101.20 feet left of proposed Gattis School Road Baseline
Station 181+03.64 in the proposed northerly ROW line of Gattis School Road (ROW width varies), for the
northwesterly corner and POINT OF BEGINNING of the herein described tract;
THENCE, departing said existing easterly ROW line, with said proposed ROW line, through the interior of said Lot
1A, the following three (3) courses:
1) S 47*08'57" E, for a distance of 35,98 feet to an iron rod with aluminum cap stamped "ROW 4933" set 76.22
feet left of proposed Gattis School Road Baseline Station 181+29.53, for an angle point;
2) N 88*12'51" E, for a distance of 177.52 feet to an iron rod with aluminum cap stamped "ROW 4933" set
78.28 feet left of proposed Gattis School Road Baseline Station 183+07,,03, for an angle point;
3) N 89*32'22" E, for a distance of 21.05 feet to an iron rod with aluminum cap stamped "ROW 4933" set 78..04
feet left of proposed Gattis School Road Baseline Station 183+28,,08, being in the easterly boundary line of
said Lot 1A, same being the westerly boundary line of Lot 2A of said Amended Plat, for the northeasterly
corner of the herein described tract, and from which a calculated point of curvature of anon-tangent curve to
the left, being in the common boundary line of said Lot 1A and Lot 2A, bears N 02'*15'05" W, at a distance of
14.19 feet;
4) THENCE, departing said proposed ROW line, with said common boundary line, S 02"15'05" E, for a
distance of 31.88 feet to a calculated point in the existing northerly ROW line of Gattis School Road (ROW
width varies), same being the southeasterly corner of said Lot 1A and- southwesterly corner of said Lot 2A,
for the southeasterly corner of the herein described tract;
5) THENCE, departing said Lot 2A, with said existing northerly ROW line, same being the southerly boundary
line of said Lot 1A, S 88'026'23" W, for a distance of 198.79 feet to a 1/2 inch iron rod with plastic cap
stamped "Steams 4990" found, being the southwesterly corner of said Lot 1A, same being in said easterly
ROW line of Red Bud Lane, for the southwesterly corner of the herein described tract;
Page 2 of 4
THENCE, departing said existing northerly ROW line of said Gattis School Road, with said existing easterly ROW line
of Red Bud Lane, same being the westerly boundary line of said Lot 1A, the following two (2) courses:
6) N 47009'54" W, for a distance of 35.49 feet to a 1/2 inch iron rod with plastic cap stamped "Stearns 4990"
found, for an angle point;
7) N 02027'18" W, for a distance of 31.93 feet to the JOINT OF BEGINNING, containing 0,164 acre (7,150
square feet) of land, more or less.
This properly 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.
M1w
AgAft
V i
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M. Stepl�e�'Truedale
Registered Professional Land Surveyor No.
Licensed State Land Surveyor
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
4933
Date
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I N L A N D '
GEODETICS�
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PH, (S 12) 238-1200, FAX (S 12) 2 38-12S I
FIRM REGISTRATION NO, I OOS91 —00
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EXHIBIT. . . . . . . . . . . . .
PLAT "TO ACCO�MPANY PARCEL DR_.;dw%..ARlwP_ON
LEGEND
03/27/18
PAGE 4 OF 4
FENCE CORNER POST FOUND
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CENTER LINE
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RECORD INFORMATION
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POINT OF REFERENCE
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DEED RECORDS
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WILLIAMSON COUNTY,
TEXAS
(UNLESS NOTED OTHERWISE)
P. R. W. C. T.
PLAT RECORDS
WILLIAMSON COUNTY,
TEXAS
I> 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 I S 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 UNDE Y I RECT SUPERVISION.
10
M. STEP) EN' TRUIESDALE DATE
REGISTERED PROFESSIONAL LAND SURVEYOR NOs 4933
LICENSED STATE LAND SURVEYOR
INLAND GEODETICS, LLC
FIRM REGISTRATION NO, 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TEXAS 78681
I N L A N D u
GEODE ICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX, 78681
PH.5112) 238-12001 FAX (512) 238-12SI
FIRM REGISTRATION NO, I OOS91 -00
PARCEL PLAT SHOWING PROPERTY OF
KAF I I DEVELOPMENT COMPANY
SCALE PROJECT COUNTY
I " = 60' GATTIS SCHOOL ROAD W I LL I AMSON
ACQUISITION
1 1 1 ---
ACRES
Ow 164
SQUARE FEE
7, 150
CALC/DEED AREA
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REMAINDER AREA
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EXHIBIT it B if
Parcel 25
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 RECORDS0
: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS0
:
That KAF II DEVELOPMENT COMPANY, a Texas general partnership, 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 0.164 acre (7,150 square foot) tract of land out of and situated in the
John H. Randall Survey, Abstract No. 531 in Williamson County, Texas'a
; more fully
described in Exhibit "A", attached hereto and incorporated herein (Larcel 15
.)
SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor i*s
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 show4l
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.
00464989.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; i*t being intended, however, that nothing i*n 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
202116
[signature page follows)
2.
GRANTOR:
KAF II DEVELOPMENT COMPANY,
a Texas general partnership
Name:
Its:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of
2021 by in the capacity and for the purposes
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.
and consideration