R-00-04-13-10B5 - 4/13/2000 RESOLUTION NO. R-00-04-13-10B5
WHEREAS, the City desires to purchase a 1,274 square feet tract
of land for additional right-of-way to facilitate street and drainage
improvements on Lee Street, and
WHEREAS, Alice Sandberg, 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 Alice Sandberg, for the
purchase of the above described property, a copy of said Real Estate
Contract being attached hereto 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, and the Act.
RESOLVED this 13th day of April 2000.
BERT A. STLUKA, R., Mayor
A ST: City of Round Rock, Texas
J E LAND, City Secretary
K:\WPD0CS\RESQ-1\R00413E5,WPD/-
EARNEST MONEY CONTRACT
1. PARTIES: ALICE SANDBERG (Seller) agrees to sell and convey to
THE CITY OF ROUND ROCK, TEXAS (Buyer) and Buyer agrees to buy
from Seller the property described below.
2. PROPERTY: Approximately 1,274 square feet of land, being more
particularly described in Exhibit "A" attached hereto.
3. CONTRACT SALES PRICE:
A. Cash portion of Sales Price
payable by Buyer $ 4.200.00
B. Sum of financing described below $ n a
C. Sales Price (Sum of A and B) $ 4,200.00
4. FINANCING: Not Applicable
5. EARNEST MONEY: Buyer shall deposit $100 as Earnest Money with
Brown McCarroll Sheets & Crossfield, L.L.P.
6. TITLE POLICY, ABSTRACT AND SURVEY:
A. TITLE POLICY: None Required
B. ABSTRACT OF TITLE: None Required
C. SURVEY REQUIRED: None Required
NOTICE TO SELLER AND BUYER:
(1) Buyer is advised to have an Abstract covering the
Property examined by an attorney of Buyer's selection, or
Buyer should be furnished with or obtain a Title Policy.
If a Title Policy is furnished, the Commitment should be
promptly reviewed by an attorney of Buyer's choice due to
the time limitations on Buyer's right to object.
(2) If the Property is situated in a utility or other
statutorily created district providing water, sewer,
drainage, or flood control facilities and services,
Chapter 50 of the Texas Water Code requires Seller to
deliver and Buyer to sign the statutory notice relating
to the tax rate, bonded indebtedness, or standby fee of
C:\.-\AO"N—\Lee—i1\SA"D-.-pd/b.
the district prior to final execution of this contract.
(3) Buyer is advised that the presence of wetlands, toxic
substance including lead base paint or asbestos and waste
or other environmental hazards or the presence of a
threatened or endangered species or its habitat may
affect Buyer's intended use of the Property. If Buyer is
concerned about these matters, an addendum either
promulgated by TREC or required by the parties should be
used.
(4) If the Property adjoins and shares a common boundary with
the tidally influenced submerged lands of the state,
Section 33.135, Texas Natural Resources Code, requires a
notice regarding coastal area property to be included in
the contract. An addendum either promulgated by TREC or
required by the parties should be used.
7. PROPERTY CONDITION: Buyer accepts the Property in its present
condition, subject only to as is.
8. BROKER'S REPRESENTATION AND FEES: NONE
9. CLOSING: The closing of the sale shall be on or before March
15, 2000 or within 7 days after objections to title have been
cured, whichever date is later (the Closing Date) ; however, if
financing or assumption approval has been obtained pursuant to
Paragraph 4, the Closing Date shall be extended up to 15 days
only if necessary to comply with lender closing requirements
(for example, survey, closing documents) . If either party
fails to close this sale by the Closing Date, the non-
defaulting party shall be entitled to exercise the remedies
contained in Paragraph 14. At closing, Seller shall furnish
tax statements or certificates showing no delinquent taxes and
a General Warranty Deed conveying good and indefeasible title
showing no additional exceptions to those permitted in
Paragraph 6.
10. POSSESSION: The possession of the Property shall be delivered
to Buyer at closing.
11. SPECIAL PROVISIONS: none.
12. SALES EXPENSES: The following expenses shall be paid at or
prior to closing:
A. Loan appraisal fees shall be paid by N/A.
B. The total of loan discount and buydown fees shall not
exceed N/A% of the loan of which Seller shall pay the
first NIA-16 of the loan and Buyer shall pay the remainder.
C. Seller's Expenses: None.
D. Buyer's Expenses: Application, origination and
commitment fees; loan assumption costs; preparation and
recording of deed of trust to secure assumption; expenses
incident to new loan(s) : (for example, preparation of
any note, deed of trust, and other loan documents,
recording fees, tax service and research fees, warehouse
or underwriting fees, copies of restrictions and
easements, amortization schedule, premiums for mortgagee
title policies and endorsements required by lender;
credit reports, photos) ; any required reserve deposits
for ad valorem taxes and special governmental
assessments; interest on all monthly installment payment
notes from date of disbursements to one month prior to
dates of first monthly payments; one-half of escrow fee
and expenses stipulated to be paid by Buyer under other
provisions of this contract.
E. If any sales expense exceeds the amount stated in this
contract to be paid by either party, either party may
terminate this contract unless either party agrees to pay
such excess.
13. PRORATIONS AND ROLLBACK TAXES:
A. PRORATIONS. Interest on any assumed loan, current taxes,
any rents, maintenance fees and assessments shall be
prorated through the Closing Date. If ad valorem taxes
for the year in which the sale is closed are not
available on the Closing Date, proration of taxes shall
be made on the basis of taxes assessed in the previous
year.
B. ROLLBACK TAXES. If this sale or Buyer's use of the
Property after closing results in the assessment of
additional taxes for periods prior to closing, the
additional taxes shall be the obligation of the Buyer.
If Seller's change in use of the Property prior to
closing or denial of a special use valuation on the
Property claimed by Seller results in the assessment of
additional taxes for periods prior to closing, the
additional taxes shall be the obligation of Seller.
Obligations imposed by this paragraph shall survive
closing.
14. DEFAULT: If Buyer fails to comply with this contract, Buyer
shall be in default. Seller may either (a) enforce specific
performance, seek such other relief as may be provided by law,
or both, or (b) terminate this contract and receive the
Earnest Money as liquidated damages, thereby releasing both
parties from this contract. If Seller is unable without fault
to deliver the Commitment within the time allowed, Buyer may
either terminate this contract and receive the Earnest Money
as the sole remedy or extend the time for performance up to 15
days and the Closing Date shall be extended as necessary. If
Seller fails to comply herewith for any other reason, Seller
shall be in default and Buyer may either (a) enforce specific
performance, seek such other relief as may be provided by law,
or both, or (b) terminate this contract and receive the
Earnest Money, thereby releasing both parties from this
contract.
15. ATTORNEY'S FEES: If Buyer, Seller or Escrow Agent is a
prevailing party in any legal proceeding brought under or with
relation to this contract, such party shall be entitled to
recover from the non-prevailing parties all costs of such
proceeding and reasonable attorney's fees.
16. ESCROW: The Earnest Money is deposited with Escrow Agent with
the understanding that Escrow Agent is not (a) a party to this
contract and does not have any liability for the performance
or non-performance of any party to this contract (b) liable
for interest on the Earnest Money or � liable for any loss of
Earnest Money caused by the failure of any financial
institution in which the Earnest Money has been deposited,
unless the financial institution is acting as Escrow Agent.
If any either party makes demand for the payment of the
Earnest Money, Escrow Agent has the right to require from all
parties a written release of liability of Escrow Agent for
disbursement of the Earnest Money. Any refund or disbursement
of Earnest Money under this contract shall be reduced by the
amount of unpaid expenses incurred on behalf of the party
receiving the Earnest Money, and Escrow Agent shall pay the
same to the creditors entitled thereto. At closing, the
Earnest Money shall be applied to any cash down payment, then
to Buyer's closing costs and any excess refunded to Buyer.
Demands and notices required by this paragraph shall be in
writing and delivered by hand delivery or by certified mail,
return receipt requested.
17. REPRESENTATIONS: Seller represents that as of the Closing
Date (a) there will be no liens, assessments, Uniform
Commercial Code or other security interests against any of the
Property which will not be satisfied out of the Sales Price,
unless securing payment of any loans assumed by Buyer and (b)
assumed loans will be without default. If any representation
in this contract is untrue on the Closing Date this contract
may be terminated by Buyer and the Earnest Money shall be
refunded to Buyer. All representations contained in this
contract and an agreement for mediation shall survive closing.
18. NOTICES: All notices shall be in writing and effective when
mailed to or hand-delivered at the addresses shown below.
19. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person", as
defined by applicable law, or if Seller fails to deliver an
affidavit that Seller is not a "foreign person", then Buyer
shall withhold from the sales proceeds an amount sufficient to
comply with applicable tax law and deliver the same to the
Internal Revenue Service together with appropriate tax forms.
IRS regulations require filing written reports if cash in
excess of specified amounts is received in the transaction.
20. USE AND UTILITIES: The intended use of the Property by Buyer
is single family dwelling. Utilities required at the Property
for such use are N A water; N A sanitary sewer; N A gas;
N A electricity; N A telephone; N A None; N A None. If
Buyer ascertains that applicable zoning ordinances, easements,
restrictions or governmental laws, rules or regulations
prevent such intended use or that such required utilities are
not available, or that the Property is located within the 100
year flood plain as shown on the current Federal Emergency
Management Agency map, and Buyer so notifies Seller within ten
10 days after the effective date of this contract, the same
shall terminate and the Earnest Money shall be refunded to
Buyer. Buyer's failure to give the notice within the required
time shall constitute Buyer's acceptance of the Property.
21. DISPUTE RESOLUTION: It is the policy of the State of Texas to
encourage the peaceable resolution of disputes through
alternative dispute resolution procedures. The parties are
encouraged to use an addendum approved by TREC to submit to
mediation disputes which cannot be resolved in good faith
through informal discussion.
22. AGREEMENT OF PARTIES: The contract contains the entire
agreement of the parties and cannot be changed except by their
written agreement. Addenda which are a part of this contract
are: NONE
23. CONSULT YOUR ATTORNEY: This is intended to be a legally
binding contract. READ IT CAREFULLY. If you do not
understand the effect of this contract, consult your attorney
BEFORE signing.
BUYER'S ATTORNEY AND ADDRESS:
Charles Crossfield
Brown McCarroll Sheets & Crossfield, L.L.P.
309 East Main
Round Rock, Texas 78664
SELLER'S ATTORNEY AND ADDRESS:
EXECUTED in multiple originals on (THE
EFFECTIVE DATE) .
BUYER
C TY OF RO CK, T XAS
B
ITS:
ADDRESS AND TELEPHONE:
Charles Crossfield
Brown McCarroll Sheets & Crossfield, L.L.P.
309 East Main
Round Rock, Texas 78664
SELLER
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ALICE SANDBERG
ADDRESS AND TELEPHONE
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RECEIPT
Receipt of [ l Contract and [ ] $100 Earnest Money in the form
of is acknowledged.
Date: 2000.
By:
PREPARED IN THE OFFICE OF:
Brown McCarroll Sheets & Crossfield L.L.P.
309 East Main
Round Rock, Texas 78664
GENERAL OBLIGATION BOND PROJECTS
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DATE: April 7,2000
SUBJECT: City Council Meeting—April 13,2000
ITEM: 10.B.5. Consider a resolution authorizing the Mayor to execute a Real Estate
Contract to acquire 1,274 square feet from Alice Sandberg for$4,200
for right-of-way acquisition for street and drainage improvements on
Lee Street.Staff Resource Person:Jim Nuse,Public Works Director.