Loading...
CM-2024-173 - 6/21/2024REAL ESTATE CONTRACT McNeil Road Right of Way THIS REAL ESTATE CONTRACT ("Contract") is made by and between STEVENSON PROPERTIES ROUND ROCK TEXAS, LLC (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 0.215-acre (9,364 square foot) tract of land out of and situated in the Jacob M. Harrell Survey, Abstract No. 284 in Williamson County, Texas; more fully described by metes and bounds in Exhibit "A" attached hereto and incorporated herein (Parcel 1); 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 11 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 SEVENTY-TWO THOUSAND SEVEN HUNDRED FIFTY and 00/100 Dollars ($72,750.00). Pa ment 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 Pro ert herein is bein conve ed to Purchaser in lieu of and under threat of condemnation. ARTICLE V CLOSING Ciosin Date 5.01. The Closing shall be held at the office of Rise Title Company on or before July 15, 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 Seller's Obligations at Closin 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 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 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 Obli gations 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, 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 I[[ 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 A I 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. 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. 5 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. Com fiance 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. Continlyent Possession and Use A reement 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 July 15, 2024, to enter and possess the Property prior to Closing 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 follows] 6 SELLER: STEVENSON PROPERTIES ROUND ROCK TEXAS, LLC f Its: V1 e6 PRE sll?tw r Date- - /- PURCHASER: CITY OF ROUND ROCK, TEXAS By: y.�� Laurie Hadley, City Manager Date: 2( Zo� d Address: 221 E. Main Street Round Rock, Texas 78664 0 2024 Westwood Professional ipr%Ar- i­ EXHIBIT A 0.215 ACRE RIGHT-OF-WAY DEDICATION PART OF LOT4 OF ROUND ROCK WEST SECTION 3, AND PART OF A GALLED 2.183 ACRE TRACT JACOB M. HARRELL SURVEY, ABSTRACTNO.284, CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS BEING 0215 OF AN ACRE OF LAND, MORE OR LESS, SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, WILLIAMSON COUNTY, TEXAS, BEING OUT OF AND PART OF LOT 4 OF ROUND ROCK WEST SECTION 3, A SUBDIVISION OF RECORD RECORDED IN CABINET C. SLIDE 173, PLAT RECORDS OF WIWAMSON COUNTY, TEXAS (P.R.W.C.T.), AND CONVEYED TO STEVENSON PROPERTIES ROUND ROCK TEXAS, LLC IN DOCUMENT NO. 2020167175, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), SAID 0.21S OF AN ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 5/8-inch iron rod found on the northeast line of Lot 1-A of the Resubdivision of Lot 3, Round Rock West Section 3, a subdivision of record recorded in Cabinet D, Slide 397, P.R.W.C.T, and conveyed to Massland Properties Corporation in Volume 1317, Page 353, O.P.R.W.C.T., same being on the southwest right-of-way (ROW) line of Round Rock West Drive (70-foot ROM, THENCE N 35*11 *58" E 77.03' over and across said Round Rock West Drive to a 1/2" iron rod with cap stamped "Westwood Austin" set on the northwest ROW of said Round Rock West Drive, same being on the southwest line of said Lot 4, also being the POINT OF BEGINNING of the herein described ROW dedication; THENCE N 30'06'43" W 31.3S' with the common line of said Lot 4 and said northeast ROW to a 1/2" iron rod with cap stamped 'Westwood Austin" set for corner, THENCE traversing through said Lot 4, the following three (3) courses and distances: 1. S 7S'33'44" E 22.08' to a set 1/2" iron rod with cap stamped "Westwood Austin"; 2. N 41'26'51" E 106.11' to a set 1/2" iron rod with cap stamped "Westwood Austin"; 3, N 50'22'30" E 211.33' to a point on the northeast line of said Lot 4, same being the southwest line of a certain 2.183 acre tract of land conveyed to CPTX 509 McNeil Road, LLC, and described in Document No. 2013003107, O.P.R.W.C.T., said point being a calculated point; THENCE S 24*13'51" E 5.71' with said northeast line of said Lot 4 and said southwest line of said 2.183 acre tract to the east comer of said Lot 4, same being the south corner of said 2.183 acre tract, same point being on the northwest line of Fast McNeil Road (Variable -Width ROW), said comer being a calculated point, from which, a 112' iron rod found for the most southerly northeast corner of said 2.183 acre tract bears N 41'26'51' E 448.26, THENCE S 41.26'SI" W with the southeast line of said Lot 4 and said northwest line of said East McNeil Road, a distance of 311.22' to a 1/2' iron rod with cap stamped "Westwood Austin" set at the southeast terminus of said Round Rock West Drive, and the beginning of a curve to the right; THENCE along said curve, having a radius of 21.63', an arc length of 40.95' and a chord bearing and distance of N 85'49'12" W 35.10' to the end of said curve and the POINT OF BEGINNING of the herein described right-of-way dedication, containing 0.215 of an acre (9,364 square feet) of land, more or less. BEARINGS ARE RELATIVE TO STATE PLANE COORDINATES, NAD83(2011), TEXAS CENTRAL ZONE. DISTANCES AND AREAS HAVE BEEN SCALED BY APPLYING THE TxDOT SURFACE ADJUSTMENT FACTOR FOR WILLIAMSON COUNTY, TEXAS OF 1.00D012 AND THUS REPRESENT SURFACE MEASUREMENTS. McNEIL ROAD RIGHT TURN LANE ROUND ROCK, TEXAS rsar� ll11--i 1JL Phone (512) 486-0881 8701 N. Mopaa Espy, Ste. 320 TONI'me (888) 837.5150 Austin, TX 78759 WESWESTWOOD PROFESSIONAL S RVICES,, INC .OM FIRM REGISTRATION NO. F-11756 TBPLS FIRM REGISTRATION NO. LS-10074301 0.215 ACRE ROW DEDICATION JACOB M. HARRELL SURVEY ABSTRACT NO. 284 PROJECT NUMBER 0042779.00 SHEET NUMBER: 1 OF 2 DATE: 04/30/2024 ENV I Naru.LHE)18 )DOU 0NnOb 1 N r e- / �Z 0 17 O Ln O O C� C V en U M 17 z Ilk e a a w o IMP, �� Q a co o ,�y' a p z� LP o %n w NI co Z� Ud u Q V J M ry Ln LLJ w -j "g ' rn � tD G-- m 3 w w z u, g D z z v w, Q w� W OC M M F Z Q z � I u 0 T m M N N Q 0.z= LU q� I N L a � z C N ` uw ao rn Op Q 3 a o co N ic�o w qo Z z .. w Z u Z 0 P N 9 W = z2s�o 6 u 13 r a Q a m u V tA cl V � I I ZQ C4 ��1�0 �b ' Q C7 40 S'yy- ,a� z o�z w;ti 2 P a: co ZA 03 N , S a � Z M Fa =�9 u' F- Ngi o ? aa¢ w +) '^ �+ o ���38 y0 G 11 a w i a Z O m ���Ip AVM. 4*1 1N► �� � � w Fo tA i- m0� w� U„ 1S�M �JO � oataz) a o 0„� o aN 0, W •[ii 2 .-, 4 w EL. I- 9c 2 O ` ��1l,jv 0� C76, o I > N H S. F O U !! �- lywa NO�7 `' mn o �8 y86` ���1N1$/s M� I v'� onz—i �,nz -i ocuj ?LLwlj Luw-'w uf I ❑ 0 LLx 2 zpry wa O i' ddpjf'�`Jya +, 28 :)! H z a a w 'V 20. �gu.70 w0 ui�o�e a y m 0 j y j Z K {ru u1 .V wZ�, uuj j 4 0zl araLi a.0 c0czg C oar V ~ t�Wz° uj Qo�G m r 0=0� z oo0< C u a _F.Wa C2- OZ Z.i z $ a LA 0 m 4 W W �xm .. �Cc P w g F a W Z C L rJTJr 'i r u a 0 a z a -•-•-� ..+ .w1 ..,33,1120 waxy- bcccvvJ \YVI1311d\00 A3Adns\ )mo\Ob] 90\00'6LLZ400\N EXHIBIT B DEED McNeil and RR West Right Turn Lane 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 RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That STEVENSON PROPERTIES ROUND ROCK TEXAS 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 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"): 0.215 OF AN ACRE OF LAND, MORE OR LESS, SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT NO.284, WILLIAMSON COUNTY, TEXAS, BEING OUT OF AND PART OF LOT 4 OF ROUND ROCK WEST SECTION 3, A SUBDIVISION OF RECORD RECORDED IN CABINET C, SLIDE 173, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, and 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 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, 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; 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 McNeil and RR West Right Turn 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/A day of _vy4 2024. [signature page follows] 2, GRANTOR: By: Name: d4 ��v %i v�► �m Its:ylee &&J-1 J:* 7 lk�rlas ACKNOWLEDGMENT STATE OF-+EX7M )z COUNTY OF-dv06T72f This instrument was acknowledged before me on this the /e4 day of 2024 by 7*hN T#Qfht,**,,T , in the capacity and for the purposes recited therein. me and consideration �C �Y Notary Public, State Sandra L Baas PREPARED IN THE OFFICE OF: Notary Public St to of Kansas Sheets & Crossfield, PLLC My Appt Expires � 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, 3nnsolo — — - 3NV1- NVIa 1OalNO3 DWAVVI Xl'A1Nnoo NOSWVJ'lILM'11D011 ONnON i10143M]ISOtI ONIIOM ltlOil113NOW m yM ,SIA38 3NV1 Nai111Hilla LA311N0139 332 - 3NIINDIVW Id31 0&0139 33s • 3N11NOAVW I i IT 1 f I7f E !S Ij T `�jX✓ _�_v II Ilf4 i dl _ hL ii! 1NOIL 3AO9r 33s - 3NI1N71VW M [ I ell o l� Y 1H9111 3A08V 332 - BNIIH31VW 3NVI NMn11H'Dl2! )DON aNnaa u s o z 0 Z d O` Z O S � Z uj V) r o F — w Z w �V,3 z o a M a w o a a Sopx z00 0 � ti vi LL o WJ Z u=, z Z >.cla Zl � j `n K vvLO� Z� N w ' I4 O I a T z z O Q sLAJ ry Q — o 1 �S L• 400. ti J�O Q' J��A w S� o_ 69��96' M.£nyan --- 9 17 N3 a' �p `L�� �� �(7vo?N6o �� & �:sBs WWp> do 95.O1.0� —A, 'r QP&03 .Db Od 1r3,y,���oN e °dsly/ �Ul r ' 'to ? e 0 cc o m 6n u rn z Z a rW Ql o v a 00 O Z u L3J J z d Liz W V D N V rn a N o� J n w N 0 0 LU u iy o O LA u m U 0 Z w < o a o m co aD J O to m u LLJ = 5 z V LLI Ln O 0 LU N OD LLJ J n N o LU a u F�- W W x J r d 0 Z0 Lu OCo C3 ro coo�Ln2 'AzoLo a W W O F M cr rZLLaP: 0 p O Z 7 LL 0 O w 6 woaao trn W �HNri Z� VULu 0 co sFRva�'WO LU F ui Q Q m r 2 LL -j W J m en o N W J �: w w m l7 LLJ lY w m W Z 1�l1 J CO M n N ZkA(A w Z J J J J H J Z a zw x Ortm LL, =wU- N o�o CL b �a oa ccWLA to } N Z l7 no LU w w �wr'L'o LU LU Z a W Lu,a� �W LL ZScc O :3 0 D Z LU Z '^ LL ►�-gom J aM r o-4 Ln Ncj \�Ul Af. • a0 J = dUJ Uj W r w D Ln Lu N 0 O Lu Z cc cc w w W QLU z fV LA } Lu O 5 V V w Z Q p o r Ln Lu Q U 0m9 O O p a V a N 0 L7 r 7 N 0 LU LU m 2 D z 0 a 9Ma'O£-h0 17ZOZ a3SIA3M LOX3 6LLZtAX3lV4J1Rld1a0 A3AsnS19Ma\atlD 90\00'6LLZ400\:N