TB-2022-006 - 5/26/2022 RESOLUTION NO. TB-2022-006
WHEREAS, the Round Rock Transportation and Economic Development Corporation
("TEDCO") desires to purchase a 0.403-acre parcel ("Property") required for construction of the
proposed Double Creek/Ray Berglund connector road; and
WHEREAS, CND-Double Creek, LLC, the owner of the Property, has agreed to sell said
Property to TEDCO, Now Therefore
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ROUND ROCK
TRANSPORTATION AND ECONOMIC DEVELOPMENT CORPORATION,
That the President is hereby authorized and directed to execute on behalf of TEDCO the Real
Estate Contract with CND-Double Creek, LLC, a copy of which is attached hereto as Exhibit A.
The Board of Directors hereby Finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 26th day of May, 2022.
By:
CRA16 O G , President
Round R ck Tr sportation and Economic
Development Corporation
ATTEST:
RICK VILLARREAL, Secretary
0112 20^^2,4854-3058-0767
EA
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ILEAL ESTATE CONTRACT
Ray Berglund Connector Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between CND-
DOUBLE CREEK, LLC, (referred to in this Contract as "Seller", whether one or more) and the
ROUND ROCK TRANSPORTATION AND ECONOMIC DEVELOPMENT
CORPORATION, a Texas nonprofit corporation (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 0.403 acre tract of land being a portion of Lot 5, Block A, Ray
Berglund Boulevard Subdivision Section Two, a subdivision of record in Cabinet
DD, Slide 291 of the Plat Records of Williamson County; Texas; more fully
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 tm-ms,
provisions, and conditions set forth below.
ARTICLE II 1
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 suxn of FIVE HUNDRED SIXTEEN THOUSAND and 001100 Dollars
($516,000.00).
Payment of Purchase Price
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2.02. The Purchase Price shall be payable in cash or other good funds at the Closing.
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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 ereby 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)
nowledge;(a) there are no parties in possession of any portion of the Property as lessees,tenants E
at sufferance, or trespassers, other than previously disclosed to Purchaser;
(b) (Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restriction relating to the Property, or any part thereof;
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ARTICLE V
CLOSING z
Closing Date
5.01. The Closing shall be held at the office of Texas American Title Company on or ;
before May 31, 2022, or at such time, date, and place as Seller and Purchaser may agree, 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").
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Seller's Obligations at Closing
5.02. At the Closing Seller shall:
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(1) Deliver to the Round Rock Transportation and Economic Development Corporation a
duly executed and acknowledged Deed conveying good and indefeasible title in fee simple to all
of the Property described in Exhibit "A'', fi•ee and clear of any and all monetary liens and
restrictions, except for the following:
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(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable; i
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing. !
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(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".
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(4) Deliver to Purchaser possession of the Property.
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Purchaser's Obligations at Closing E
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5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the Purchase Price.
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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 i
occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be
upon the basil of the tax rate for the next preceding year applied to the latest assessed valuation,
but shall otherwise be the continuing obligation of Seller to fully satisfy. Agricultural roll-back
taxes, if any, which directly result from the completion of this transaction and conveyance shall be p
paid by Purchaser.
Closing Costs
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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 as incurred.
j 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 stun 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.
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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, retilm 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 Annly
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 mare to the benefit of the panties and their
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respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
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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 i
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.
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Gender
8.07. Wards 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
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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
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8.10 This Contract shall be effective as of the date it is approved by the Round Rock
Transportation)Development Corporation, which date is indicated beneath Purchaser's signature
below.
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Counterparts
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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 o4inals for purposes of this Contract.
[signature page follows]
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SELLER:
CND-DOUBLE CREEK, LLC
By: Address: F06
Na John Burc field I�St n, 0S5
General Counsel
Its:
Date: ti 2Z
PURCHASER:
ROUND ROCK TRANSPORTAION AND ECONOMIC DEVELOPMENT CORPORATION, a
Texas nonprofit corporation
By: Address: 221 E. Main Street
Craig Morgan, President Round Rock, Texas 78664
Date:
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EXHIBIT "A"
EARLY, LAND SURVEYING, LLC
P.O. Box 92588,Austin, TX 78709
512-202-8631
carlysurveying.com
TBPELS Firm No, 10194487
0.403 ACRES
WILLIAMSON COUNTY, TEXAS
A DESCRIPTION OF 0.403 ACRES (APPROXIMATELY 17,544 SQ. FT.), BEING A
PORTION OF LOT 5, BLOCK A, RAY BERGLUND BOULEVARD SUBDIVISION
SECTION TWO, A SUBDIVISION OF RECORD IN CABINET DD, SLIDE 291 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.403 ACRES BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" rebar with "All Points" cap found in the west right-of-way line of
Ray Berglund Boulevard (50' right-of-way width) as shown on said Ray Berglund
Boulevard Subdivision Section Two, being the southeast corner of said Lot 5, being also
the northeast corner of Lot 4, Block A, of said Ray Berglund Boulevard Subdivision
Section Two, from which a 1/2" rebar with "Austin Surveyors" cap found in the west
right-of-way line of Ray Berglund Boulevard, being in the east line of said Lot 4, bears
South 09°04'29" East, a distance of 90.02 feet;
THENCE South 68°26'44" West, with the south line of said Lot 5 and the north line of
said Lot 4, a distance of 341.02 feet to a 112" rebar with "All Points" cap found for the
southwest corner of said Lot 5, being the northwest corner of said Lot 4, being the
northeast corner of Lot 6, Joyce Lane Subdivision, a subdivision of record in Cabinet
CC, Slide 237 of the Plat Records of Williamson County, Texas, being also the
southeast corner of Lot 5A, Block A, Replat of Lots 4 and 5, Joyce Lane Subdivision, a
subdivision of record in Document No. 2017037344 of the Official Public Records of
Williamson County, Texas;
THENCE North 31032'26" West, with the west line of said Lot 5 and the east line of said
Lot 5A, a distance of 50.77 feet to a 1/2" rebar with "Early Boundary" cap set, from
which a 1/2" rebar with "All Points" cap found for the northwest corner of said Lot 5,
being in the east line of said Lot 5A, being also the southwest corner of Lot 6, Block A,
of said Ray Berglund Boulevard Subdivision Section Two, bears North 31°32'26" West,
a distance of 139.25 feet;
THENCE North 68°26'44" East, crossing said Lot 5, a distance of 360.73 feet to a 1/2"
rebar with "Early Boundary" cap set in the west right-of-way line of Ray Berglund
Boulevard, being the east line of said Lot 5, from which a 1/2" rebar found in the west
right-of-way line of Ray Berglund Boulevard, being the east line of said Lot 5, bears
North 09015'11" West, a distance of 38.82 feet;
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THENCE South 09015'11" East, with the west right-of-way line of Ray Berglund
Boulevard and the east line of said Lot 5, a distance of 51.17 feet to the POINT OF
BEGINNING, containing 0.403 acres of land, more or less.
Surveyed on the ground on March 8, 2022,
Bearing Basis: The Texas Coordinate System of 1983 (NAD83), Central Zone, utilizing
the SmartNet North America Network.
Attachments: Survey Drawing No. 1016-002-50' ROW
317-1127
Joe Ben Early, Jr. Date 'GIs Rl�
Registered Professional Land Surveyor
State of Texas No. 6016
JOE BES!EARLY,JR.
..`,: ... x
... ....
6016
BPIF"aSSOP'QQ`
5 �aSUFt�i�
SKETCH TO ACCOMPANY A DESCRIPTION OF 0.403 ACRES (APPROXIMATELY 17,544 SQ. FT.), BEING A
PORTION OF LOT 5, BLOCK A, RAY BERGLUND BOULEVARD SUBDIVISION SECTION TWO, A SUBDIVISION
OF RECORD IN CABINET DD, SLIDE 291 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS.
LEGEND
4 1/2" REBAR WITH "ALL POINTS" CAP FOUND
�A 1/2" REBAR WITH "AUSTIN SURVEYORS" CAP FOUND
• 1/2" REBAR FOUND (OR AS NOTED)
O 1/2" REBAR WITH "EARLY BOUNDARY" CAP SET
( ) RECORD INFORMATION
LINE TABLE OF TF
LINE BEARING DISTANCE �Q :crsr �FQ
L1 S68'26'44"W 341.02' :'
L2 N3 1'32'26"W 50.77' JOE BEN EARLY,JR.
L3 N68'26'44"E 360.73' q 6016
L4 SO9'15'11 "E 51.17' ��'
L5 509'04'29"E 90.02' �SUR`I
L6 NO9'15'11"W .38.82'
L7 N8O'53'20"E 50.08' :3/0
Z1 2Z.
L8 N8O'52'02"E 49.77'
CURVE TABLE
CURVEJ RADIUS I DELTA I ARC I BEARING I CHORD
Cl 480.00' 1 17'09'40" 1 143.77' 1 N17-36-01"W 1 143.23'
THE BASIS OF BEARINGS SHOWN HEREON IS THE TEXAS COORDINATE
DATE OF SURVEY: 3/8/22 SYSTEM OF 1983 (NAD83), CENTRAL ZONE, UTILIZING THE SMARTNET
PLOT DATE: 3/21/22 NORTH AMERICA NETWORK.
DRAWING NO.: 1016-002-50' ROW
DRAWN BY: MAW & J8E
SHEET 1 OF 2 ATTACHMENTS: METES AND BOUNDS DESCRIPTION 1016-002-50' ROW
LOT 6 / \
� I BLOCK A
RAY BERGLUND , RAY BERGLUND BOULEVARD
BOULEVARD SUBDIVISION !
SECTION TWO / (50' R.O.W. WIDTH)
LOT 2-A, BLOCK A
RAY BERGLUND
.� X15 BOULEVARD SUBDIVISION
SECTION TWO
(DD/291)
,
OF
/
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/ �Cj^'ti�ta4�$FO
/ }
LOT 5 � ��- �
RAY BERGLUND �a' } JOE BEN EARLY,JR.
/ BOULEVARD SUBDIVISION } a 6016
\ AP SECTION TWO
(DD/291) ` �O VRA
Z\
AP }
f.0.B. }
�
\ Ap3 5j 4
LOT 5A L� }
BLOCK A
REPL4T OF
LOTS 4 AND 5
JOYCE LANE !_
SUBDIVISION Y LOT 4
(2017037344) BLOCK A 1
AP RAY BERGLUND
BOULEVARD SUBDIVISION
r 1 SECTION TWO EARLY LAND
LOT 6 , (DD/291) p`f
JOYCE LANE
SUBDIVISION SURVEYING, LLC
(CC/237) 1 P.O. BOX 92588
AUSTIN, TX 78709
DRAWING NO.: 1016-002-50' ROW 512-202-8631
SHEET 2 OF 2 TBPELS FIRM NO. 10194487
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EXHIBIT "B"
DEED
THE STATE F TEXAS §
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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 CND-DOUBLE CREEK, LLC, 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 oto 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 the ROUND ROCK TRANSPORTATION AND ECONOMIC
DEVELOPMENT CORPORATION, a Teras nonprofit corporation, all that certain tract or
parcel of land �ying and being situated in the County of Williamson, State of Texas, along with
any improvem6nts thereon, being more particularly described as follows (the "Property"):
All of at certain 0.403 acre tract of Iand being a portion of Lot 5, Block A, Ray
Berglun,Boulevard Subdivision Section Two, a subdivision of record in Cabinet DD,
Slide 291 of the Plat Records of Williamson County, Texas; 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: NONE
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Visible and apparent easements not appearing of record;
Any did erepancies, conflicts, or shortages in area or boundary Iines or any
encroachments'ior any overlapping of improvements which a current survey would show;
Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral
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severances, and encumbrances for taxes and assessments (other than liens and conveyances) I
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.
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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 the Round
Rock Transportation and Economic Development Corporation 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 the Round i
Rock Transportation and Economic Development Corporation 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
2022.
GRANTOR:
CND-DOUBLE CREEK,LLC
By.
Name:
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ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of ,
2022 0 2 b in the capacity and for the purposes and consideration
y P t3' P P
recited therein.
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Notary Public, State of Texas i
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PREPARED IN THE OFFICE OF:
Sheets & Crossfield, PLLC
309 East Main
Round Rock, Texas 78664 I
GRANTEE'S MAILING ADDRESS:
Round Rock Transportation and Economic Development
Corporation
Attn: City Clerk
221 Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
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