R-00-04-13-10E1 - 4/13/2000RESOLUTION NO. R- 00- 04- 13 -10E1
WHEREAS, the City of Round Rock, as Grantee, and G. W. McConico
and Petrenella McConico, as Grantors, have previously entered into a
Real Estate Contract for the purchase of approximately 2.61 acres of
land, and
WHEREAS, the parties now wish to enter into a First Amendment to
the Real Estate Contract, 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 First Amendment to the Real Estate Contract with
G. W. McConico and Petrenella McConico for the purchase of the above
described property, a copy of same 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 Apri es _.
_CIA 4 0
Ri A. , Mayor
K:\ WPOOCS \RESOLUTI \R00413E1.WPD /sc
City Secretary
City of Round Rock, Texas
FIRST AMENDMENT TO
REAL ESTATE CONTRACT
This First Amendment to Real Estate Contract ( "First Amendment ")
is entered into effective as of April f�j , 2000, by and between the
City of Round Rock ( "Purchaser "), and Garfield McConico and
Petrenella McConico ( "Seller "), and is as follows:
Recitals
Whereas, Seller and Purchaser entered into that one certain Real
Estate Contract ( "Contract, ") which was dated the 9th day of
November, 1999, and
Whereas, Seller and Purchaser wish to amend and revise the
aforesaid Contract as provided below, Now Therefore;
For and In Consideration of Ten and No /100 Dollars ($10.00) and
other good and valuable consideration, the sufficiency of which is
hereby acknowledged by the undersigned, the Seller and Purchaser do
hereby amend and modify the aforesaid Contract as follows:
I.
Article I of the Contract is here amended to read as follows:
By this Contract, Seller sells and agrees to convey, and Purchaser
purchases and agrees to pay for, the tract of land containing approximately
1.441 acres of land situated in Williamson County, Texas, being more
particularly described as follows:
0.677 acres being Lots 12 -21, Block 3, City of Round Rock,
referred to as "Tract 1" in Exhibit "A ", and 0.764 acres
referred to as "Tract 2" in Exhibit "A ", Wiley Harris Survey,
Abstract No. 298, City of Round Rock, 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 "), together with any improvements, fixtures, and personal
aocs .TY \"cc_BRAMIat_a:d_m c.w Wels
ARTICLE I
PURCHASE AND SALE
1
property situated on and attached to the Property, for the consideration
and upon and subject to the terms, provisions, and conditions set forth
below.
II.
Section 2.01 of the Contract is hereby amended to read as
follows:
2.01. The purchase price for the Property shall be the
sum of Four Hundred Seventy Thousand Seven Hundred Seventy -
four and 70/100 Dollars ($470,774.70).
Notwithstanding the foregoing, if the survey of the
Property to be furnished by Seller to Purchaser, as
provided below, reflects that the number of square feet
comprising the Property is more or less than 62,769.96, the
purchase price is to be increased or reduced by the product
of $ 7.50 times the number of square feet of the Property
more or less than 62,769.96.
The Addendum to Real Estate Contract is amended to read as
follows:
Addendum to Real Estate Contract
1) Seller, Garfield McConico and Petronella McConico have the option
of leasing their residence for a period of three months after
closing at the rent of $600.00 per month, beginning August 1, 2000
and ending November 30, 2000.
2) In addition to the purchase price, Purchaser shall pay Garfield
McConico and Petronella McConico's actual moving expense up to a
maximum of $3,000.00.
3) Prior to closing, Seller shall have the right to remove the
following items of personal property: electric stoves, air
conditioners and heaters.
IV.
To the extent necessary to effect the terms and provisions of
this First Amendment, the Contract is hereby amended and modified.
2
In all other respects, the aforesaid Contract is hereby ratified and
confirmed.
In Witness Whereof, the parties hereto have caused this First
Amendment to be executed by their proper, duly authorized officers,
all as the day and year first above set forth.
ATTEST:
By:
Joanne Land,
City Secretary
CITY OF • ROCK:
SELLER:
3
ert ' Stluka,l ayor
Date: L i — / 3 -00
Garfield McConico
Petrenella McConico
Date: y — /Q_ do
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EXHIBIT
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SEE
DETAIL
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DATE: April 7, 2000
SUBJECT: City Council Meeting — April 13, 2000
ITEM: 10.E.1. Consider a resolution authorizing the Mayor to execute a First
Amendment to the Real Estate contract with G. W. McConico and
Petrenella McConico for the purchase of approximately 2.61 acres of
land. Staff Resource Person: Bob Bennett, City Manager.