R-2025-204 - 8/14/2025 RESOLUTION NO. R-2025-204
WHEREAS, the City of Round Rock ("City") desires to purchase a 2.989 acre parcel
("Property") required for the Bob Bennett Complex Facility Expansion Project; and
WHEREAS, SPJST LODGE 187, the owner of the Property, has 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 SPJST LODGE 187 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 14th day of August, 2025.
CRAIG ORG , Mayor
City of ound ck, Texas
ATTEST:
ikiLl_c
A FRANKLIN, City Clerk
0112.20252.4936-4464-1882
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EXHIBIT
A
REAL ESTATE CONTRACT
Bennett Complex-902 Luther Place
THIS REAL ESTATE CONTRACT ("Contract") is made by and between SPJST
LODGE 187 (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:
Lot 3, LUTHER PETERSON SUBDIVISION, a Subdivision in Williamson
County, Texas, according to the Map or Plat recorded in Cabinet M, Slide 75, Plat
Records of Williamson County, Texas;
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 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 shall be the sum of ONE MILLION FOUR
HUNDRED THOUSAND and 00/100 Dollars ($1,400,000.00).
Payment of Purchase Price
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 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; and
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Rise Title Company on or before August
31, 2025, 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").
Seller's Obligations at Closing
5.02. At the Closing Seller shall:
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(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 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 "A" 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
Purchaser or the designated 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.
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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
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 and realtor/broker commissions 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
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, 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.
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.
5
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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 August 1,
2025,to enter and possess the Property prior to Closing for the limited purpose of completing any
and all necessary inspections, testing, surveying, and other data collection necessary for any
planned improvements or public works project of Purchaser, 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 in a timely manner.
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SELLER:
SPJST LODGE 187
Signed by:
By: L?t,A jo u.,,S01n, Address: 902 Luther Place
8,�2+ 2g�.�,... Round Rock, Texas 78665
Name: Linda Johnson
Title Lodge President
Date: 7/23/2025 11:57 PM CDT
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: Address: 221 E. Main Street
Craig Morgan, Mayor Round Rock, Texas 78664
Date:
7
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EXHIBIT "A"
DEED
Bennett Complex
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 SPJST LODGE 187, 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"):
Lot 3, LUTHER PETERSON SUBDIVISION, a Subdivision in Williamson County,
Texas, according to the Map or Plat recorded in Cabinet M, Slide 75, Plat Records of
Williamson County, Texas.
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 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.
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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 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.
IN WITNESS WHEREOF, this instrument is executed on this the day of ,
2025.
[signature page follows]
2.
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GRANTOR:
SPJST LODGE 187
Signed by:
By: 366,so1A, 7/23/2025 11:57 PM CDT
78172430C29B454...
Name: Linda Johnson
Title: Lodge President
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of
2025 by , in the capacity and for the purposes and consideration
recited therein.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, 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:
3.
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ILI TEXAS REALTORS'
COMMERCIAL PROPERTY CONDITION STATEMENT
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS*,INC.IS NOT AUTHORIZED.
®Texas Association of REALTORS®,Inc.2022
CONCERNING THE PROPERTY AT:920 Luther Peterson, Round Rock, TX 78664
THIS IS A DISCLOSURE OF THE SELLER'S OR LANDLORD'S KNOWLEDGE OF THE CONDITION OF THE
PROPERTY AS OF THE DATE SIGNED. IT IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
WARRANTIES A BUYER OR TENANT MAY WISH TO OBTAIN. IT IS NOT A WARRANTY OF ANY KIND BY
SELLER, SELLER'S AGENTS, LANDLORD, LANDLORD'S AGENTS OR ANY OTHER AGENT. THE TERM
"LANDLORD" INCLUDES SUBLESSORS.
PART I -Complete if Property is Improved or Unimproved
Not
Are you (Seller or Landlord) aware of: Aware Aware
(1) any of the following environmental conditions on or affecting the Property: ✓
(a) radon gas'? [ ] [ ]
(b) asbestos components:
(i) friable components? L_I [ t4
(ii) non-friable components? L_I [ ]
(c) urea-formaldehyde insulation? LJ [
(d) endangered species or their habitat? [ 1 [ ✓]
(e) wetlands? [ 1 [ti j
(f) underground storage tanks? [ I
(g) leaks in any storage tanks (underground or above-ground)? L_I L_I
(h) lead-based paint? ✓]
(i) hazardous materials or toxic waste? LJ] [✓]
(i) open or closed landfills on or under the surface of the Property? [✓]
(k) external conditions materially and adversely affecting the Property such as
nearby landfills, smelting plants, burners, storage facilities of toxic or hazardous
materials, refiners, utility transmission lines, mills, feed lots, and the like? [ ]
(I) any activity relating to drilling or excavation sites for oil, gas, or other minerals? .. [ ] [ ✓]
(2) previous environmental contamination that was on or that materially and adversely
affected the Property, including but not limited to previous environmental conditions ✓
listed in Paragraph 1(a)-(I)? [ ] [ ]
(3) any improper drainage onto or away from the Property? LYJ I ✓/]
(4) any fault line at or near the Property that materially and adversely affects the Property?[ ] [ ✓ ]
(5) air space restrictions or easements on or affecting the Property? [ ] [ ✓]
(6) unrecorded or unplatted agreements for easements, utilities, or access on or
to the Property'? [ ] [ ✓]
r�
(TXR-1408)07-08-22 Initialed by Seller or Landlord / , and Buyer or Tenant: Page 1 of 5
REDIAX Capital City III,2007 Sam Russ,Suite 101 Round Rork TX 7868i Phone:5129470794 Fax S123812221 SPJST Lodge 187
Greg Hodge Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood SI,Suite 2200,Dallas.TX 75201 t022,y.lwo1(.com
Docusign Envelope ID:DOC3FC9A-191A-4839-A4A3-46B84FA6E926
Commercial Property Condition Statement concerning 920 Luther Peterson,Round Rock.TX 78664
Not
Aware Aware
(7) special districts in which the Property lies (for example, historical districts,
development districts, extraterritorial jurisdictions, or others)? [1 [
(8) pending changes in zoning, restrictions, or in physical use of the Property? ]
The current zoning of the Property is:
(9) your receipt of any notice concerning any likely condemnation, planned streets,
highways, railroads, or developments that would materially and adversely affect
the Property (including access or visibility)? L] [ V/]
(10) lawsuits affecting title to or use or enjoyment of the Property? [_i U
(11)your receipt of any written notices of violations of zoning, deed restrictions, or
government regulations from EPA, OSHA,TCEQ, or other government agencies? [ ] LJ
(12)common areas or facilities affiliated with the Property co-owned with others? [ ] [ (r]
(13)an owners'or tenants' association or maintenance fee or assessment affecting the
Property? L J [ 11
If aware, name of association:
Name of manager:
Amount of fee or assessment: $ per
Are fees current through the date of this notice? [_] yes [ ] no [ ] unknown
(14)subsurface structures, hydraulic lifts, or pits on the Property? L_] [
(15) intermittent or wet weather springs that affect the Property? [ I
[ �/]
(16)any material defect in any irrigation system, fences, or signs on the Property? [_] I 11
(17)conditions on or affecting the Property that materially affect the health or safety of /
an ordinary individual? [ ✓ ]
(18)any of the following rights vested in others: ✓
(a)outstanding mineral rights? L_J (_]
(b)timber rights? [ ] [✓ 1
(c)water rights? L J [ ✓]
(d)other rights? L_1 [ ✓]
(19)any personal property or equipment or similar items subject to financing, liens, or
lease(s)? [ ] [ ]
If aware, list items:
If you are aware of any of the conditions listed above, explain. (Attach additional information if needed.)
(TXR-140807-08-22 Initialed by Seller or Landl , and Buyer or Tenant: Page 2 of 5
REAleX Capital Cli)III,2007 Sam Rea,Suite 101 Round Rock TX 70601 Phone:5129470744 Fax:512091222] SPJST Lodge 187
Greg Hodge Produced with Lone Wolf Transactions(z pForm Edition)717 N lianvood SI.Suite 2200,Dallas,TX 75201 )wiw.lwolf
Docusign Envelope ID:DOC3FC9A-191A-4839-A4A3-46B84FA6E926
Commercial Property Condition Statement concerning 920 Luther Peterson. Round Rock.TX 76664
PART 2 -Complete if Property is Improved or Unimproved
Not
Are you (Seller or Landlord) aware of any of the following conditions*: Aware Aware
(1) Present flood insurance coverage? [___J [
(2) Previous flooding due to a failure or breach of a reservoir or a controlled or emergency
•
release of water from a reservoir? [_] [i�J
(3) Previous flooding due to a natural flood event?) [ ] [Lam]
(4) Previous water penetration into a structure on the Property due to a natural flood event? [ ] [ t/]
(5) Located [ ] wholly[ ] partly in a 100-year floodplain (Special Flood Hazard Area- i
Zone A, V, A99,AE, AO, AH, VE, or AR)? [
(6) Located [ ]wholly [ ] partly in a 500-year floodplain (Moderate Flood Hazard Area- t /
Zone X (shaded))? [
(7) Located [ ] wholly [ ] partly in a floodway? [__] [ ' ]
(8) Located [ ]wholly [ ] partly in a flood pool? U [✓,Y
(9) Located [ j wholly[ j partly in a reservoir? U [U
If the answer to any of the above is "aware,"explain: (attach additional sheets as necessary)
*If Buyer or Tenant is concerned about these matters, Buyer or Tenant may consult Information About
Flood Hazards (TXR 1414)
For purposes of this notice:
"100-year floodplain"means any area of land that: (A) is identified on the flood insurance rate map as a special.flood hazard area, which is
designated as Zone A, V, A99,AE,A0,Ali, VE, or AR on the map; (B)has a one percent annual chance offloading, which is considered to
be a high risk offoodi ng;and(C)may include a regulatory floodway,flood pool,or reservoir.
"500-year floodplain"means any area of land that.- (A) is identified on the flood insurance rate map as a moderate flood hazard area, which
is designated on the map as Zone X(shaded);and(B)has a two-tenths of one percent annual chance of flooding, which is considered to be a
moderate risk of flooding.
"Flood pool"means the area adjacent to a reservoir that lies above the normal maximum operating level of the reservoir and that is subject
to controlled inundation under the management of the United States Army Corps of Engineers.
"Flood insurance rate map"means the most recent flood hazard map published by the Federal Emergency Management Agency under the
National Flood Insurance Act of 1968(42 U.S.0 Section 4001 et seq.).
"Roadway"means an area that is identified on the flood insurance rate map as a regulatory ,floodwav, which includes the channel of a river
or other watercourse and the adjacent land areas that must be reserved for the discharge of a base flood,also referred to as a 100-year flood,
without cumulatively increasing the water surface elevation more than a designated height.
"Reservoir"means a water impoundment project operated by the United States Army Caps of Engineers that is intended to retain water or
delay the runoff of water in a designated surface area of land.
(10) Have you (Seller or Landlord) ever filed a claim for flood damage to the Property with any insurance
provider, including the National Flood Insurance Program (NFIP)? [ 1 yes [ ' 1 no
If yes, explain: (attach additional sheets as necessary)
(11) Have you (Seller or Landlord) ever received assistance from FEMA or the U.S. Small Business
Administration (SBA)for flood damage to the Property? [ 1 yes [ 1 no
If yes, explain: (attach additional sheets as necessary)
(TXR-1408)07-08-22 Initialed by Seller or Landlord: and Buyer or Tenant: Page 3 of 5
RE/MAX Capital City ill,2007 Sam Hass,Salk 101 Round Rock TX 78681 Phone:5129470794 Fax:5123812221 SPJST Lodge 187
Dreg Hodge Produced with Lone Wolf Transactions(zipFol n Edition)717 Id Harwood St.Suite 2200.Dallas.TX 75201 www.lwall.cocn