CM-2021-166 - 6/4/2021REAL ESTATE CONTRACT
THIS REAL ESTATE CONTRACT ("Contract") is made by and between TISCHLER
KOCUREK, a Texas General Partnership (referred to in this Contract as "Seller") 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:
A 0.007 acre (315 sq. ft.) tract of land situated in the Wiley Harris Survey, Abstract
no. 298, Williamson County, Texas, as described by metes and bounds in Exhibit
"A", attached hereto and incorporated herein for all purposes;
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"), for the
consideration and upon and subject to the terms, provisions, and conditions set forth below.
ARTICLE H
CONSIDERATION
Purchase Price
2.01. The Purchase Price for the Property shall be the sum of TEN THOUSAND and no1100
Dollars ($ 10,000, 00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
Additional Consideration
2.03. As additional consideration, Purchaser agrees that Seller shall have the right to
construct a driveway, at Seller's sole cost, to give access from Seller's remaining property to E.
Bagdad Ave. as described in Exhibit "B."
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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 die 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.
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Georgetown Title Company on or before
thirty (30) days after the Effective Date, 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:
PA
(1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged General
Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, 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 111 hereof; and
(c) Any exceptions approved by Purchaser in writing.
(2) The Deed shall be in the standard State Bar form.
(3) Deliver to 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 MUM at CIosin
5.03. At the Closing, Purchaser shall pay the Purchase Price and the closing costs described
in 5.05 below.
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.
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.
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.
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.
4
Patties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the pasties 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 A eements 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 Purchaser, which
date is indicated beneath the City Manager's signature below.
Countemarts
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.
SELLER:
TISCHLER KOCUREK, a Texas General Partnership
By _
Dia Kocurek P
By. � to �--•
Lial Tischler, Partner
Date: 2,,q 272021
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By:
Laurie Hadley, City Manager
221 E. Main St.
Round Rock, Texas 78664
Date _ U.Y—, 2021
6
EXHIBIT "A"
City of Round Rock
Downtown Trash Modlflcatlon Project (Quadrant 4)
METES AND BOUNDS DESCRIPTION OF A
0.007 ACRE TRACT OF LAND OUT OF THE
TISCHLERIKOCUREK TRACT
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 0,007 ACRE (316 SQ. FT) TRACT Of: LAND SITUATED IN THE WILEY HARRIS
SURVEY, ABSTRACT NO. 298, WILLIAMSON COUNTY, TEXAS; SAID 0.007 ACRE TRACT
ALSO BEING A PART OF THE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY
DEED TO TISCHLERIKOCUREK, A TEXAS GENERAL PARTNERSHIP, RECORDED IN
VOLUME 2037, PAGE 972, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS
(O.R.W,C.T.); SAID 0.007 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS;
COMMENCING at a out "X" In found in a concrete sidewalk marking the common northeast corner of Lot
4A, Block 9, of the Replat of Lots 4, 6, 6 & 7, Block 9, Original Plat of the City of Round Rock, recorded In
Document No. 2004082333, Official Public Records of Williamson County, Texas (O.P.R.W.C.T.), same
marking the northwest corner of Lot 3, Block 9, Original City of Round Rock, Texas, recorded In Cabinet
A. Slides 190-191, Plat Records of Williamson County, Texas (P.R.W.C.T.), and from which a 1/2-Inch
Iron rod with red plastic cap stamped "Baker Aloklen" bears South 19" 29' 40" East, at a distance of
125.29 feet, said Iron rod marking the common southeast corner of said Lot 4A, Block 9 and the
southwest corner of said Lot 3, Block 9;
THENCE, South 70" 30' 20" West, with the northerly line of sald Lot 4A, Block 9, a distance of 108.08 feet
to a calculated point for the POINT OF BEGINNING and northeast corner of the herein described tract,
and having Taxes Central Zone Coordinate System grid values of N=10,168,531.61, E=3,132,602.17,
said point also marking the common northwest corner of sold Lot 4A, Block 9 and the northeast corner of
Lot 8, Block 9 of said Original City of Bound Rock, Texas;
THENCE, (L-1) South 190 29' 40" East, with the easterly line of said Lot 8, Block 9 and the westerly line of
said Lot 4A, Block 9, a distance of 9.00 feet to a calculated point for the southeast corner of the herein
described tract,
THENCE, departing the westerly line of sold Lot 4A, Block 9, and traveling over and across Bald Lot 8,
Block 9 and a portion of Lot 9, Block 9 of sold Original City of Round Rook, Texas, the following two (2)
calls:
1) (L-2) South 700 39 20" West, a distence of 36.00 feet to a calculated point for the southwest
corner of the herein described tract;
2) (L-3) North 190 29' 40" West, a distance of 9.00 tat to a calculated point for the northwest corner
of the herein described tract; said point being on the northerly line of said Lot 9, Block 9;
Wage 1 of 3
Exhibit "A" continued
Description of a 0.007 acre tract
THENCE, (1-4) North 700 30' 20" East, partway with the northerly line of said Lot 9, Block 9 and partway
with the northerly line of said Lot 8, Block 9, a distance of 35.00 feet to the POINT OF BEGINNING and
containing 0,007 acre of land more or less, based on the survey and exhibit drawing made by CP&Y, Inc.
This metes and bounds description Is accompanied by Exhibit "B".
Basis of Bearings: Bearings are based on the Texas Central Zone Coordinate System, NAD '83
(HARN 193), which Is based upon the Allterra Trimble RTK Network.
Surveyed In the field during August of 2020.
;a�nletl. Flaherty, RT. t..s. No. 5004
MY, Inc.
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0066
TBPLS Firm No.10194126
See attached Plat No. A-6267
1800899-FN01.doc
Wage 2 of 3
08- 6- 020
Date
EXHIBIT "B"
DRAWINO TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A
CITY OF ROUND ROCIC
DOTYNTOWN TRASH MODIFICATION PROJECT (QUADRANT 9) — 0.007 ACR9 (816 SQ. Fr.)
LOCATED IN THR WILPSY HARRIS SURVEY, ABSTRACT NO. 098, TFILLIAMSON COUNTY, TEXAS,
AND BEING PART OF LOTS 8 & 9, BLOCIC 9, ORICINAL CITY OF ROUND ROCII, TEXAS
RECORDED IN CABINET A, SLID00 190-191, PLAT RECORDS, TFILLIAMSON COUNTY, TRZAS
MAP
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GENERAL NO"
1) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. • - 1/2"IRON ROD V47H RED MASTIO CAP
2) SUBJECT TO MY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS STAMPED "BAKER AICKLEN" (UNLESS
AND CONDITIONS 'THAT MAY BE APPLICABLE. OTHERWSE NOTED)
3) THIS DRAWN0 IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. O.P.R.W.O.T. - OFFICIAL PUBLIC RECORDS,
4) BEARINGS ARE BASED 00 THE TEXAS CENTRAL ZONE COORDINATE SYSTEM, WILLIANSON COUNTY, TEXAS
NAD '83 (HARN '03), WHICH IS BASfP UPON W ALLIERRA TRIMBLE RTK NETWORK. O.R W.0.7 AS
- OFFICIAL RECORDS. Y&L AMSONAMSON UCOUNTY,xTE)
np&yjl Chlaholm Trall, Sulke 130, Round Rook, Tesaa 70681
512.248.0065
TEXAS REGISTERED ENGINEERING FIRM F-1741
TBPLS 10194125
1 HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
THIS EXHIBIT AND 1FIE SURVEY UPON WHH�r �r Is BAssDEETs THE 4uI�R rMIN� —LAND SURVEYS IN E STATE OF TEXA .
SURVEYEDI AUGUST 18, 2020
DANIEL M.
3
0 60' 100' PLAT No, A-8257 DRAFT DATE 08-26--20 DRAWN BY TAB —
SOALE WORK ORDER N0, 189099 F19L000OK —i TAB # - 57
,, 0 2020 ALL RIGHTS DESERVED DIGITAL FILE 6008lI - SU F/N 0 _,BO089 -FN01
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City of Round Rock
UfMO ROCKXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Real Estate Contract with Tischler Kocurek for the purchase
of a 0.007 acre tract of land for the Downtown Trash Modification Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/4/2021
Dept Director: Michael Thane, Utilities and Environmental Services Director
Cost: $10,000.00
Indexes: General Self -Financed Construction
Attachments: Signed real estate contract, 21.05.DowntownTrashModifications.Mapl
Department: Utilities and Environmental Services
Text of Legislative File CM-2021-166
In 2019, the City of Round Rock implemented a Downtown Trash Modification Program that was designed
to improve the aesthetic appearance of downtown Round Rock. The first phase of the program provided
enclosures around three existing dumpster locations in downtown. The dumpster enclosures have included
decorative CMU block walls, side access doors, gates, bollards, and concrete approach pads. The enclosures
are locked to reduce the illegal dumping that has been occurring in downtown.
The City would like to continue to expand the program in the downtown area. The second phase will
involve two additional blocks. One of the blocks involves the purchase of this piece of property in order to
provide dumpster services for the entire block between Main Street and Bagdad Avenue, and South Mays
Street and Lampasas Street. This will continue the beautification of downtown Round Rock by removing six
exposed dumpsters and replacing them with a dumpster enclosure built to City standards with shared
dumpsters for the entire block.
In order to construct the dumpster enclosure, the City has negotiated a Real Estate Contract with Tischler
Kocurek for the purchase of 315 square feet of property for $10,000,
Cost: $10, 000
Source of Funds: General Self -Financed Construction
City of Round Rock Page 1