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CM-2023-307 - 12/15/2023REAL ESTATE CONTRACT Red Bud (South) Right of Way THIS REAL ESTATE CONTRACT ("Contract") is made by and between SHEREE MICHELE RODRIGUEZ AND ESTEFAN RODRIGUEZ (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 0.077-acre (3,343 square foot) tract of land out of and situated in the Joseph Marshall Survey, Abstract No. 409 in Williamson County, Texas; more fully described by metes and bounds in Exhibit "A" attached hereto and incorporated herein (Parcel 21); 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 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 sum of THIRTY-NINE THOUSAND EIGHT HUNDRED SEVENTY-FIVE and 00/100 Dollars ($39,875.00). Payment of Purchase Price 2.02, The Purchase Price shall be payable in cash or other good funds at the Closing. 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 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; 4.02. The Property herein is being conveyed to Purchaser in lieu of and under threat of condemnation. ARTICLE V CLOSING Closing Date 5.01. The Closing shall be held at the office of Rise Title Company on or before January 31, 2024, 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"). 2 x 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 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 monetary 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 form as shown in Exhibit "B" attached hereto and incorporated herein. (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". (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 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 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 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 as incurred. ARTICLE VI BREACH BY SELLER 6.01. 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 7.01. 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 4 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. LMal 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 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 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 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. Contingent Possession and Use Agreement 8.12. Upon completion of (1) the full execution of this Contract by all parties, and (2) acknowledgment by the Title Company of delivery by Purchaser of the full Purchase Price to the Title Company, Purchaser, its agents and contractors shall be permitted at any time after January 31, 2024, to enter and possess the Property for the purpose of completing any and all necessary testing, utility relocation, and construction activities associated with the proposed roadway improvement construction project of Purchaser on the Property or other obligations of this Contract, and Seller agrees to make any gate access available to Purchaser, its contractors or utility facility owners as necessary to carry out the purposes of this paragraph. The parties further agree to continue to use diligence in assisting with any title curative measures or mortgage lien release required by the Contract to complete the purchase transaction closing. [signature page jollows] Cel SELLER: Date: I Z0J / 7'25 Datell. �U PURCHASER: CITY OF ROUND ROCK, TEXAS By• Its: Date: l / /�2� 7 Address: 800 Red Bud Lane Round Rock, Texas 78664 Address: 221 E. Main Street Round Rock, Texas 78664 County, Williamson Parcel : 21 Project: Red Bud Lane EXHIBIT A PROPERTY DESCRIPTION FOR PARCEL 21 10-27-2022 Page 1 of 3 DESCRIPTION OF A 0,077 ACRE (3,343 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 15 OF THE OLD OAK ESTATES SUBDIVISION RECORDED IN CABINET D, SLIDES 49 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS, DESCRIBED IN A GENERAL WARRANTY DEED WITH VENDORS LIEN TO SHEREE MICHELE RODRIGUEZ AND ESTEFAN JACOB RODRIGUEZ RECORDED IN DOCUMENT NO, 2020158297 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY TEXAS (O.P.R.W.C.T.), SAID 0.077 ACRE (3,343 SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 1/2" iron rod found, being the southeasterly corner of Lot 12 of said subdivision, the northeasterly corner of Lot 11 of sold subdivision, the northwesterly corner of Lot 16 of said subdivision and the southwesterly corner of sold Lot 15; THENCE with the common boundary line of sold Lot 16, and said Lot 15, N 87'37'09" E, for a distance of 211.45 feet to an Iron rod with aluminum cap stamped 'CORR ROW 4933" set 49.60 feet left of Red Bud Lane Baseline Station 103+86.68 (Grid Coordinates determined as N=10,163,950.57, E=3,152,745.64 (TxSPC Zone 4203) In the proposed westerly Right -of -Way (ROW) line of Red Bud Lane (ROW width varies), for the southwesterly corner and POINT OF BEGINNING of the herein described parcel; 1) THENCE, departing sold Lot 18, through the Interior of said Lot 15, with said proposed ROW line, N 02'3042" W, for a distance of 190.14 feet to an Iron rod with aluminum cap stamped "CORR ROW 4933' set 49.60 feet left of Red Bud Lane Baseline Station 106+76.82 in the southerly line of Lot 14 of sold subdivision, being the northerly line of said Lot 15, for the northwesterly comer of the herein described parcel; 2) THENCE, departing said proposed ROW line, with the common line of said Lot 14 and sold Lot 116, N 87*20120" E, passing at a distance of 7.64 feet a 1/2' Iron rod found, being the northwesterly comer of a 10.00 fool Road Easement per sold plat, and continuing for a total distance of 17.64 feet to a calculated point In the existing westerly ROW line of Red Bud Lane (C.R. 122), (ROW width varies), being the southeasterly corner of sold Lot 14, for the northeasterly corner of sold Lot 15 and of the herein described parcel; 3) THENCE, departing said Lot 14. with said existing westerly ROW tine, being the easterly boundary tine of sold Lot 16, S 02031134" E, for a distance of 190.10 feel to a calculated point, being the northeasterly corner of said Lot 16, for the southeasterly comer of said Lot 15, and of the herein described parcel; 4) THENCE, departing said existing westerly ROW line of Red Bud Lane, with the common tine of said Lot 16 and Lot 15, S 87037109" W, passing at a distance of 10.00 feet a 1/2" iron rod found, being the southwesterly corner of said 10.00 foot Road Easement and continuing for a total distance of 17.61 feet to the POINT OF BEGINNING, containing 0.077 acre (3,343 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 to the best of my knowledge and better and that the property described herein was determined by a survey made on the ground under my direct supervision. WITNESS MY HA" AND SEAL at Round Rock, Williams County, Texas. O V ZZ2 Registered Professional Land Surveyor No. 4933 �:� " �Ep•tiV' Licensed Slate Land Surveyor ,•W.•„•,•..,•.•..M••••••�~ Inland Geodetics hl SIEPIIEN TIIUW�1N f Firm Registration No: 100591-00 •""' {� "' r //•Q, 1604 Chisholm Trail Road, Suite 103 � 9p Round Rock, TX 78681 ti Fkaa� .f� SALJAIRED BUD-GATTIS-EVERGREENIPARCELSIPARCEL 21-RODRIGUEZIPARCEL 21-RODRIGUEZ.d �O� "•~ t r e C) — U, M m Z ors P�,01 p r N o tf� y —1 . z '` Z Ln Z pti �H f1 CO CO P l/1 0 W N rrrt b r k O N ..�' o-N w d too 0 O 00 ] 1. _ :9 (Ti C3 C . a 1 fit) �1 O I m VI I I oo 111 mm -u Imo I `I �rn x 1lI �� to I I mM rrl I I �Wrn Nm I, i .am I 1 z� p z am rn Zo0 pal 1m 2 � °�°I � I tom o0z�, i ti m D� ul m �1w� �pnm I� IN E nr z CiPF-1 gaLA g 4 rt C) a Lo "ir-I m 2 G1 d N C1 O I tNfi to Y a N �co Nr.�'I .U'' av A?>0 ;+N'� Y' I1I✓ �p m oSv �LgOZap n Nc,� I1 I1I *N °i oO doo m n Om -u I�I rn 8>T-U 1 O N m°°um ;+mCNN 0 7M. - } EX T t NOR. 0.- 1 � 502°3i'3A"E 190.18' pNo t: r (SOUTH 190.00') b• RED yBUD LANE IA,K.B. 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NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That SHEREE MICHELE RODRIGUEZ and ESTEFAN JACOB RODRIGUEZ, 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 (the "Property"): All of that certain 0.077-acre (3,343 square foot) tract of land out of and situated in the Joseph Marshall Survey, Abstract No. 409 in Williamson County, Texas; more fully described in Exhibit "A", attached hereto and incorporated herein (Parcel 21 . 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, reining 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 land for the construction and maintenance ofGattis School Road/Red Bud Lane. 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 by, through or under Grantor. This deed is being delivered in lieu of condemnation. IN WITNESS WHEREOF, this instrument is executed on this the day of , 2023. [signature page follows] 2. I A GRANTOR: By: Sheree Michele Rodriguez ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this the day of , 2023 by in the capacity and for the purposes and consideration recited therein. Notary Public, State of Texas r GRANTOR: By: Estefan Jacob Rodriguez ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this the _ day of 2023 by in the capacity and for the purposes and consideration recited therein. Notary Public, State of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfieid, PLLC 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: 4, RED BUD SOUTH - PARCEL 21 VALUATION OF THE ACQUISITION VALUATION OF THE FEE ACOUISrrION Parcel 21 -- 0.077 ac (3,343 SF) Hornsby and Company 39