R-2026-032 - 1/22/2026 RESOLUTION NO. R-2026-032
WHEREAS,the City of Round Rock("City")desires to purchase a 0.4326 acre parcel off Fannin
Avenue and adjacent to Brush Creek ("Property") required for the Ruby Property Acquisition — Trail
System Project; and
WHEREAS, Alexa Ruby Events, LLC, 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 Alexa Ruby Events,LLC 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 22nd day of January, 20264CRA1MORO/N,
Mayor
Texas
ATT ST:
ANN FRANkl IN, City Clerk
0112.20262
EXHIBIT
A
REAL ESTATE CONTRACT
THIS REAL ESTATE CONTRACT ("Contract") is made by and between ALEXA
RUBY EVENTS, 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:
Lot 4, Block "A", of Ruby Hotel Subdivision and Fannin Flats Replat, a
subdivision in Williamson County, Texas, according to the map or plat thereof
recorded under Document No. 2025082022, Official Public Records, 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 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 SEVEN HUNDRED FIFTY THOUSAND and 00/100 Dollars
($750,000.00).
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.
(c) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof.
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Austin Title Company on or before
February 13, 2026, 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:
(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.
(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.
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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 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.
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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.
f Signatures on the following page.]
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SELLER:
ALEXA RUBY EVENTS, LLC
By: Address:
Name:
Date:
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: Address: 221 E. Main Street
Craig Morgan,Mayor Round Rock, Texas 78664
Date:
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Exhibit"A"
Properly Description
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Exhibit"B"
General Warranty Deed
Notice of confidentiality rights: If you are a natural person, you may remove
or strike any or all of the following information from any instrument that
transfers an interest in real property before it is filed for record in the public
records: your Social Security number or your driver's license number.
Date: ,2026
Grantor: Alexa Ruby Events, LLC
Grantor's Mailing Address:
1209 Ceasar Chavez Street
Austin, Texas 78727
Grantee: City of Round Rock, Texas
Grantee's Mailing Address:
221 East Main Street
Round Rock, Texas 78664
Consideration:
SEVEN HUNDRED FIFTY THOUSAND AND NO/100 ($750.000.00), and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged.
Property(including any improvements):
.4326 acres of land, more or less, described as Lot 4, Block "A", of Ruby Hotel
Subdivision and Fannin Flats Replat, a subdivision in Williamson County, Texas,
according to the map or plat thereof recorded under Document No. 2025082022,
Official Public Records, Williamson County, Texas; more fully described by
metes and bounds in Exhibit"A"attached hereto and made a part hereof.
together with all improvements thereon and all rights and appurtenances pertaining thereto,
including any right, title and interest of Grantor in and to adjacent streets, alleys and rights-of
way.
Reservations and Exceptions to Conveyance and Warranty:
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Grantor, for the Consideration and subject to the Reservations and Exceptions to
Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all
and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to
Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's
heirs and successors to warrant and forever defend all and singular the Property to Grantee and
Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof, except as to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR:
Alexa Ruby Events, LLC
By:
Its:
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the day of
, 2026 by in his capacity as for Alexa
Ruby Events, LLC.
Notary Public, State of Texas
Prepared in the offices of:
Sheets & Crossfield, P.L.L.C.
309 E. Main Street
Round Rock,Texas 78664
After recording,please return to:
Sheets & Crossfield, P.L.L.C.
309 E. Main Street
Round Rock,Texas 78664
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