R-2014-1945 - 10/23/2014RESOLUTION NO. R-2014-1945
WHEREAS, the City desires to purchase a 5.331 acre tract of land for the Creek Bend
Boulevard Project; and
WHEREAS, Clarence Lorenza Sauls and Mildred Sauls, the owners of the Property, have
agreed to sell said Property to the City, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate
Contract with Clarence Lorenza Sauls and Mildred Sauls, for the purchase of the above described
Property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated
herein for all purposes.
The City Council 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 23rd day of October, 2014.
! , IL"��
ALAN MCGRAW, Mayor
City of Round Rock, Texas
0112.1404;00313491
EXHIBIT
"All
REAL ESTATE CONTRACT
Creek Bend Boulevard Right of Way
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between CLARENCE
LORENZA SAULS and MILDRED SAULS, (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 5.331 acre tract of land, more or less, out of and situated in the
Elisha McDaniel Survey, Abstract No. 441 in Williamson County, Texas; being
more fully described in Exhibit "A", attached hereto and incorporated herein
(Parcel b);
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",
for the consideration and upon and subject to the terms, provisions, and conditions set forth
below.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the Property described in Exhibit "A", the acquisition of any
improvements on the Property, and any damage to the remaining property of Seller, shall be the
sum of FOUR HUNDRED NINETY THREE THOUSAND THIRTY TWO and 00/100 Dollars
($493,032.00).
SAULS(G)--real estate contract for Creek Send r o w (DC 9-10-14 clean) (00311085M08F8)
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
Additional Consideration and Special Provisions
2.03. As an obligation which shall survive the Closing of this transaction, Purchaser
agrees that it shall cause fencing to be installed along the new boundary between the Property
acquired herein and the remaining property of Seller within 45 days after the Closing of this
transaction. The fencing shall be constructed in accordance with the TxDoT Type "D" Fence
plans, design and specifications as shown in Exhibit "B" attached hereto and incorporated lierein,
shall otherwise match as closely as possible to the existing fencing design and materials on the
Property, and shall connect with Seller's existing fencing at the Property corners. Purchaser shall
install up to four (4) TxDoT Detail Type 2 gates at locations to be designated by Seller prior to the
time of completion of the installation work identified herein.
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 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;
0)
(b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof;
4.02. The Property herein is being conveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Texas American Title Company on or
before September 30, 2014, 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:
(1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Warranty
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 IIl hereof; and
(c) Any exceptions approved by Purchaser in writing.
The deed shall be in the form as shown in Exhibit "C" attached hereto.
(2) 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".
(3) 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.
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.
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 frilly and timely perform any of its obligations hereunder or
shall fail to consununate 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.
4
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.
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.
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.
5
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 hi this Contract.
(Tender
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.
FfFective bate
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.
r
SELLER:
�---
Cl rence Lorenza Sauls
Date: /Z) - zL/Y
Mildred Sails
Date:
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By:_
Its:
Date:
VA
Address: P. O • 4A A 3 `�
1""j ') '41' 7X -n �sU
Address: k t. 6" 2
Address: 221 East Main St.
Round Rock, Texas 78664
EXHIBIT Page 1 of 4
County: Williamson
Parcel No.: 6
Project: Creek Bend Boulevard
PROPERTY DESCRIPTION FOR PARCEL 6
DESCRIPTION OF A 5.331 ACRE (232,240 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ELISHA
MCDANIEL SURVEY, ABSTRACT NO. 441, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE
REMAINDER OF THAT CALLED 197 ACRE TRACT (THIRD TRACT) OF LAND CONVEYED TO CLARENCE
LORENZA SAULS BY INSTRUMENT RECORDED IN VOLUME 608, PAGE 936 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID 5.331 ACRE (232,240 SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 5/8" Iron rod with aluminum cap stamped "CORR-ROW" set, being the easterly boundary line of Lot
1, Block A, Final Plat of Fern Bluff Community Center, a subdivision according to the plat thereof recorded in Cabinet
W, Slides 334-335 of the Plat Records of Williamson. County, Texas, same being the westerly boundary line of said
remainder tract, for the southwesterly corner of the h(irein described tract and from which a capped iron rod stamped
"AUSTIN SURVEYORS" found, bears N 20°32'37' W at a distance of 449.11 feet;
THENCE, departing the easterly boundary line of said Lot 1, with the proposed westerly right-of-way line of Creek
Bend Boulevard, through the interior of said remainder tract, the following (5) five courses:
1) Along a curve to the left, having a delta angle of 12°44'37", a radius of 935,00 feet, an arc length of 207.96
root, and a chord which bears N 57°22'18" E for a distance of 207,53 feet to a 5/8" Iron rod with aluminum
cap stamped "CORR-ROW" set
2) N 5503917" E for a distance of 47.14 feet to a 5/8" Iron rod with aluminum cap stamped "CORR-ROW" set;
3) Along a curve to the left, having a delta angle of 02°17'10", a radius of 940.00 feet, an are length of 37.50
feet, and a chord which bears N 46059'31" E for a distance of 37.50 feet to a 5/8" Iron rod with aluminum
cap stamped "CORR-ROW" set;
4) N 45050'56" E, passing at a distance of 1412.62 feet a 5/8" iron rod with aluminum cap stamped "REF!
WITNESS" set, being on the high bank of Brushy Creek for the witness to the northwesterly corner hereof
and continuing for a total distance of 1457.62 feet to a calculated point In the centerline of said Brushy
Creek, same being In the southerly right-of-way line of Hairy Man Road (County Road 174) (right-of-way
width varies), being In the northerly line of that called 0.41 acre tract for a Public Road Easement recorded In
Volume 1960, Page 435 of the Official Records of Williamson County, Texas, same being In the northerly
boundary line of said remainder tract, for the northwesterly corner of the herein described tract;
5) THENCE, with said southerly right-of-way line and the general centerllne of Brushy Creek, same being the
northerly boundary line of said remainder tract, S 70056'20" E for a distance of 116.29 feet to a calculated
point, being an exterior ell corner in said Hairy Man Road right-of-way line, being the southwesterly corner of
a 5.985 acre tract of land conveyed to Jorge L. Gonzalez by instrument recorded in Document No.
2006030815 of the Official Public Records of Williamson County, Texas;
6) THENCE, departing said right-of-way line, with the southerly boundary line of said 5.985 acre tract, being
the northerly boundary line of said remainder tract, same being Ilia centerline of Brushy Creek,
S 78009105" E for a distance of 27.58 feel to a calculated point, for the northeasterly corner of the herein
described tract;
THENCE, departing tiie southerly boundary line of said 5.985 acre tract, with the proposed easterly right-of-way line
of Creek Bend Boulevard, through the interior of said remainder tract, the following (7) seven courses:
7) Along a curve to the right, having a delta angle of 04031'10", a radius of 1070.00 feet, an arc length of 84.40
feet, and a chord which bears S 43°35'21" W for a distance of 84.38 feet to a 5/8" Iron rod with aluminum
cap stamped "CORR-ROW" set;
PARCEL 6
Page 2 of 4
8) S 45050156" W for a distance of 431.04 feet to a 5/8" iron rod with aluminum cap stamped "CORR-ROW"
set;
9) N 44°09'04" W for a distance of 5.00 feet to a 5/8" Iron rod with aluminum cap stamped "CORR-ROW" set;
10) S 45-50'56"W fora distance of 1010.10 feet to a 5/8" iron rod with aluminum cap stamped "CORR-ROW"
set;
11) Along a curve to the right, having a delta angle of 02117'10", a radius of 1065.00 feet, an are length of 42.49
feet, and a chord which bears S 46059131" W for a distance of 42.49 feet to a 5/8" Iron rod with aluminum
cap stamped "CORR-ROW" set;
12) S 45°39'54" W for a distance of 107.42 feet to a 5/8" iron rod with aluminum cap stamped "CORR-ROW"
set;
13) Along a curve to the right, having a delta angle of 10037'30", a radius of 1075.00 feet, an arc length of
199.35 feet, and a chord which bears S 59110137" W for a distance of 199.06 feel to a 5/8" iron rod with
aluminum cap stamped "CORR-ROW" set, being in the existing right-of-way line of Creek Bend Boulevard
per said final plat, being in the westerly boundary line of said remainder tract, for the southeasterly comer of
the herein described tract and from which a capped Iron rod stamped "AUSTIN SURVEYORS" found, being
the northeasterly corner of Lot 1, Block B, per said final plat, same being the southeasterly corner of said
right-of-way bears S 20°32'37" E, at a distance of 6.25 feet;
14) THENCE, departing said proposed right-of-way line, with the westerly boundary line of said remainder tract,
with In part said existing right-of-way line of Creek Bend Boulevard, and in part said Lot 1, Block A,
N 20°32'37" W, passing at a distance of 115.26 feet a capped Iron rod stamped "AUSTIN SURVEYORS"
found, being the northeasterly corner of said existing right-of-way, same being the southeasterly corner of
said Lot 1, Block A, and continuing for a total distance of 140.61 feet to the POiNT OF BEGINNING,
containing 5.331 acres (232,240 square feet) of land, more or less.
This property description Is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas Slate 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 and that the property described herein was determined by a survey made on the ground under my
direct supervision.
WITNESS MY�B&O
y4ND AND SEAL [ Round
//lu/v YAAAf-A
M. Stepheh Trubstiale '
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LP
Firm Registration No: 100591.00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
Williamson County, Texas.
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Crcd Bend—Parcel G
SPECIAL WARRANTY DEED
Creek Bend Boulevard
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 FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property
rights deemed necessary or convenient for the construction, expansion, enlargement, extension,
improvement, or operation of a portion of the proposed Creek Bend Blvd. improvement project
("Project"); and,
WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or
convenient for the construction, expansion, enlargement, extension, improvement, or operation of the
Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, CLARE NCE LORE, NZA SAULS and MILDRED SAULS, 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 the City of Round Rock, Texas, 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 CITY OF
ROUND ROCK, TEXAS all of that certain tract or parcel of land lying and being situated in the County
of Williamson, State of Texas, being more particularly described as follows:
All of that certain 5.331 acre tract of land, more or less, located in the Elisha McDaniel
Survey, Abstract Number 441, in Williamson County, Texas, being a portion of the
remainder of that called 197 acre tract (Third Tract) of land conveyed to Clarence
'Lorenza Sauls by Instrument recorded in volume 608, page 936, Deed Records,
Williamson County, Texas. Being more frilly described in Exhibit "A", attached hereto
and incorporated herein (Parcel 6)
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements and rights-of-way of record; all presently recorded restrictions, reservations,
covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other
than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences
situated on a common boundary; and any encroachments or overlapping of improvements.
00305036.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 ininerals 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 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 Creep Bend Drive, but shall not be used or exported from the Property for any other
purpose.
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas
and its assigns forever; and Grantor does hereby bind ourselves, our heirs, executors, administrators,
successors and assigns to Warrant and Forever Defend all and singular the said premises herein
conveyed unto the 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.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the ____ day of
2014,
GRANTORS:
Clarence L orenza Sauls
Mildred Sauls
W,
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of ,
2014, by Clarence Lorenza Sauls and Mildred Sauls, in the capacity and for the purposes and
consideration therein expressed.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S ADDRESS:
City of Round Rock
221 East Main
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
3.