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Contract - Wilburn F. Hackebeil and Annie Hackebeil - 12/5/2024 REAL ESTATE CONTRACT 1004 East Rock Cove, Round Rock,TX THIS REAL ESTATE CONTRACT("Contract")is made by and between WILBURN F. HACKEBEIL AND ANNIE HACKEBEIL, (rckmccl 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 PURCHASE AND SALE By this Contract, Seller sells and agrees to convey,and Purchaser purchases and agrees to pay for,the nact(s)of land described as follows: Lot Ten (10), ROUND ROCK EAST NO. 1, an unrecorded subdivision in Williamson County, Texas, being more particularly described as 4.63 acres of land,more or less,out of the P.A. Holder League, Williamson County.Texas,and being more particularly described by metes and bounds in the attached Exhibit "A",being incorporates herein by reference. 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 strcets,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 ONE MILLION FOUR HUNDRED TWENTY THOUSAND and 00/100 Dollars($1,420,000.00). Payment of Purchase Price 2.02.The Purchase Price shall be payable in cash or other good funds at the Closing. Earnest Money 2.03 Earnest Money in the amount of TWENTY-FIVE THOUSAND and 00/100 Dollars shall be due from Purchaser upon execution of this Contract. Option Fee 2.04 An Option Fee in the amount of ONE THOUSAND and 00/100 Dollars shall be paid by Purchaser upon execution of this Contract. ARTICLE 111 PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligation 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 pan 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 oras 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 is currently a tenant residing on the Property: (b) Immediately upon Closing, Seller shall provide the tenant with thirty (30) days' notice to vacate the Property; (c) Within thirty (30) days of the Closing. Seller shall remove from the Property all personal property (ie. cattle panels and portable storage building) Seller shall retain and remove from the Property;and (d) Seller has complied with all applicable laws,ordinances,regulations,statutes,rules and restrictions reining to the Property,or any part thereof. 2 I ARTICLE V CLOSING Closing Date 5.01.The Closing shall be held at the office of Austin Title Company on or before January 15, 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: (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. 3 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 he 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 in 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-beck 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) Dced,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: (I)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 4 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 lake this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. If rto 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. 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 Ucndcr 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 panics 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 attomey 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. Counteroans 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 cffectivc as originals for purposes of this Contract. [Signatures on the following page.] 6 SELLER: W ILBURrN F.HACKEBEIL By: h�r� ✓1'. 7 Jw. -�-"`-� Address:sSL S,-mm4.t✓ 51�. Name: W✓"VXAI F. 11A-G K.E.$ E / tis-6�ty-r/(`sGe I£YYS 714dS Date: ANNIE HACKEBEIL �Y'[� •2'bsy��.'�/ 1 0 Address:K 5-2. Name: dn,r . !M^ ei� /,C/;mv;ll—7fg or Dete:_/i2.O�LwiSl PURCHASER: CITY OF ROUND ROCK.TEXAS By: Address: 221 E. Main Street Craigorgan,+;5;7- 7 Round Rock,Texas 78664 Date: 12 1549%h 715 EXHIBIT A HETES AND BOUNDS DESCRIPTION LOT 10 . i ALL OF THAT CERTAIN PARCEL OR TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY IN WILLIAMSON COUNTY, TEXAS AM BEING A PORTION OF THAT CERTAIN 113.30 ACRE TRACT OF LAND AS CONVEYED TO GLENN MEANS BY DEED RECORDED IN VOLUME 590, PAGE 090 OF THE WILLIAMSON COUNTY DEED RECORDS, SAID TRACT BEING ALSO KNOWN AS LOT 10, OF AN UNRECORDED SUBDIVISION NAMED -ROUND ROCK EAST SECTION ONE- AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOYSI BEGINNING FOR REFERENCE e1 an Iran In found In the north Ilne of Battle Saba., Road of fh• southwest corner of that esrfaln 115.59 eOr. tract of lend ea deco liked In YOluee 590. P.O. 600 of the Deed Record, of Will,...on Coast,, T..aq THENCE N 01.321 Y 740.00 fast to en Iron Pin Put for the aouth...t corner end PLACE OF BEGINNING hereof, THENCE Cantlnuln9 N 01.52• Y 112.30 feet to a Delnf for an ..,I. .solo} Mreo fi THENCE H 07V41 E 214.66 fee, tD en Iron PIP nut far the northwut ..rnv haraoll THENCE S 09.021 E 301.42 fast to an Iron or. found In the gest line of East Rack Core far the ".,thuast corner heraefl .;I THENCE a th o a ..at Ill. I .d t of Cast Rheh t o S 0.59• Y 11I1I1 315.00 feet to en Iron Ill. ,send far the caufAeaa} cornu Asre oly THENCE N 09.021 N 606.27 fast to the PLACE OF BEGINNING and ...telnln9 4.93 acre. of lend. AS SURVEYED BY, RALPH HARRIS HH_ARRRI/SS SSUURRYY.E,YORR P.L. RELPN Y. HARRIS :tiP�' �•% REG. PUT. SUR. 740.1139 ', HETMEfl AUSTIN, AUSTIN, TEXAS 79100 A :Q APRIL 30, 1907 E9 x•••11 a.'io d�O$uii9� NS)111301.NLB vB.ayy9Tu M i SURVEY PLAT aMwbn:aauunlxuun/uoe/cunu4o/munwaverbnwbn/rcAneATxo._ Ru[ Pee! COw V(QI/W D:1 CONILV ie[u YW 0[[[a1R04Alwf: i RRMYtlpll /^ u11:6 �CWYO.1pA\ I. tltU/btl bTOMTfmVaiVllbOb/u/ OIMIUTN4Ym[s b r..1LW. 9 M• y •Rq yl NC1'OP'N SA/.H' 0 : i i /MDVDPlY`�tm b/pYtLAt M9 MI/Y.IMLQL�Yo�i-" .YII®114t/nl[WT'YMiMYYIMOV AfC/\MDD/gLMpfAM106//YO MI/WI4UMW6T.aW /MI!nRY IH MYYf W Km NIIF/i OF/t/TxJ O./W/OVIYpR Yd I1!MN t I.W IP'Il D//W> IYS(l{YII.Y LOAIfIMtIM/IYT40MMAtY llM.1[Cd tO/M4WIpClC /4/O4/:1A4IIIIY 40aNmuYV.tw wbvM1Mlt4wNrtinA : 4/u2Vrf b/o TdM YYRRaat•YYa/OaaPt.lOIYr AOn1aM l': '/ / ! .✓ u R/l]/B) D:yR{�pj�ll gAbpy /VAl YW t��� 1 Y ,VyT•�. AI L.I}]$9 EXHIBIT B DEED 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 WILBURN F. HACKEBEIL AND ANNIE HACKEBEIL hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of Ten Dollars (S 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 Ten (10), ROUND ROCK EAST NO. I,an unrecorded subdivision in Williamson County,Texas,being more particularly described as 4.83 acres of land,more or less,out of the P.A. Holder League, Williamson County, Teas, and being more particularly described by metes and bounds in the attached Exhibit"A,"being incorporated herein by reference. 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. 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 or 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 , 2025. [signature page follows] 2. GRANTOR: WILBURN F.HACKEBEIL By: Name: Its: 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 3. GRANTOR: ANNIE HACKEBEIL By: Name: Its: 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: Sheets& Crossfield, PLLC 309 East Main Round Rock,Texas 78664 4. EXHIBIT A h.1540-A 7155 METES AND BOUNDS DESCRIPTION LOT 10 . j ALL OF THAT CERTAIN PARCEL OR TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY IN WILLIAMSON COUNTY, TEXAS AN BEING A PORTION OF THAT CERTAIN 115.58 ACRE TRACT OF LAND AS CONVEYED TO GLENN MEANS BY DEED RECORDED IN VOLUME 590, PAGE 660 OF THE WILLIAMSON COUNTY DEED RECORDS, SAID TRACT BEING ALSO KNOWN AS LOT 10, OF AN UNRECORDED SUBDIVISION NAMED 'ROUND ROCK FAST SECTION ONE- AND BEING MAE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, BEGINHIXO FOR REFERENCE st an Iron pin }oand Ie TM1e north r. line of Oetfla Se heal Reel sT iM aoUfnvbT corn•, of that certain 115.56 acro trod of land ee aeeor 1004 In Volans 590, P.O. 660 of the Dead Rero14a of Will'eaaon Count,, Tea.a9 THENCE N 06'521 N 348.88 feet to ea Iron pin at for the Iouthn•t earner and PLACE OF BEGINNING hen ofl THENCE sent leaiap N 0{•531 N 153.50 feet to a .,of for en en91• Point hereof, THENCE N07-44- E 211,60 feat To an Iron pin at for the earthaeef corner har•ofl TNENCE 5 09-021 E 504.42 Ret to an Iron pin found In the ..at r.a.a. line of Eeet Rock Core for the Northeast corner hereol3 THENCE vlth one Iran r.o.a, nn• of EeRack Cove, 0 N 315.00 tea} to an Iron Pill mond .lar 1ne ouM here seat corner nonoil THENCE N 09.03• N 606.23 feet to the PLACE OF BEGINNING and eonlelnlnp 4,05 aeraa of lana. . 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