R-01-11-20-13C1 - 11/20/2001RESOLUTION NO. R- 01- 11- 20 -13C1
WHEREAS, the City desires to purchase a 0.73 acre tract of land
for additional right -of -way for the Highway 79 Project, and
WHEREAS, Adeline Geistman, 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 Adeline Geistman, 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 20th day of Nov •er, 001.
ATTEST:
n
CHRISTINE R. MARTINEZ, City Sec etary
:: CDMA\" oRLOOX \0: \wmx \RESOLVn \R1112OC1.WPD /sc
dal
RO"_ T A. STLUKA, JR., ayor
City of Round Rock, Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT OF SALE ( "Contract ") is made by and between Adeline
Geistman, of 1402 Deepwood Drive, Round Rock, Texas 78681 (referred to in
this Contract as ( "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule
City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to
in this Contract as ( "Purchaser "), upon the terms and conditions set forth
in this Contract.
I: \0001 -- \0135 \sales concracea /sls
REAL ESTATE CONTRACT
ARTICLE I
PURCHASE AND SALE
1.01 By this Contract, Seller sells and agrees to convey, and
Purchaser purchases and agrees to pay for, that certain parcel of land
containing approximately 0.73 acres of land and all improvements located
thereon situated in Williamson County, Texas, being more particularly
described in Exhibit A, attached hereto and incorporated herein; 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
property situated on and attached to the Property, for the consideration
and upon and subject to the terms, provisions, and conditions set forth
below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of FOUR
HUNDRED TWENTY FIVE THOUSAND and no /100 Dollars ($425,000.00.)
1
EXHIBIT
IAn
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
ARTICLE III
PURCHASER'S AND SELLER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the
transaction contemplated hereby are subject to the consent of Seller's
lender to release the Property from its lien and financing statement, and
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).
x: \000i- - \oizs \sales coacraccz /sis
Preliminary Title Commitment
3.02. Purchaser, at Purchaser's sole cost and expense, will cause
Austin Title Company (the "Title Company ") of 101 E. Old Settlers Blvd.,
Suite 100, Round Rock, Texas 78664, to issue a preliminary title report
(the "Title Commitment "). Purchaser shall give Seller written notice on
or before the expiration of ten (10) days after Purchaser receives this
contract following execution by Seller that the condition of title as set
forth in the title binder is or is not satisfactory, and in the event
Purchaser states that the condition is not satisfactory, Seller may, but
shall not be obligated, to eliminate or modify all unacceptable matters
to the reasonable satisfaction of Purchaser. In the event Seller is
unable, or unwilling to do so within ten (10) days after receipt of
written notice, this Contract shall thereupon be null and void for all
purposes and the Escrow Deposit shall be forthwith returned by the Title
Company to Purchaser. Purchaser's failure to give Seller this written
notice shall be deemed to be Purchaser's acceptance of the Title
Commitment.
ARTICLE IV
CLOSING
The closing shall be held at the Title Company on or before December
31, 2002, or at such time, date, and place as Seller and Purchaser may
agree upon (which date is herein referred to as the ( "closing date ").
Seller's Obligations
4.01. At the closing Seller shall:
2
(a) Deliver to Purchaser a duly executed and acknowledged General
Warranty Deed conveying good and indefeasible title in fee simple to all
of the Property, free and clear of any and all liens, encumbrances,
conditions, easements, assessments, and restrictions, except for the
following:
(i) General real estate taxes for the year of
closing and subsequent years not yet due and
payable;
(ii) Any exceptions approved by Purchaser pursuant
to Article III hereof; and
(iii) Any exceptions approved by Purchaser in
writing.
(b) Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by the Title Company, in
Purchaser's favor in the full amount of the purchase price,
insuring Purchaser's fee simple title to the Property subject
only to those title exceptions listed above, 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.
(c) The aforesaid General Warranty Deed will include provisions
that it is being delivered in lieu of condemnation.
4.02 At the Closing, Purchaser shall pay the cash portion of
the purchase price.
4.03 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. All special taxes or
assessments to the closing date relating to the Property and then due and
payable, shall be paid by Seller. Purchaser will bear the burden of paying
any rollback taxes, if any, resulting from a change of use of the
Property.
I, \o001- -\olzs \sales concraccz /sls
Purchaser's Obligations
Prorations
3
5.01 Seller will be solely responsible for all real estate
brokerage commissions due to any brokers representing the Seller.
4.04 All costs and expenses of closing in consummating the sale
and purchase of the Property shall be borne and paid as follows:
Owner's Title Policy paid by Purchaser;
Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Seller;
Title curative matters, if any, paid by Seller;
Other miscellaneous closing costs to be paid by Purchaser;
Attorney's fees paid by each respectively.
I: \0001 -- \0125 \sales concract2 /a1s
Closing Costs
ARTICLE V
REAL ESTATE COMMISSIONS
ARTICLE VI
ESCROW DEPOSIT
6.01 For the purpose of securing the performance of Purchaser
under the terms and provisions of this Contract, Purchaser has delivered
to the Title Company, the sum of Five Thousand Dollars ($5000.00), the
Escrow Deposit, which shall be paid by the Title Company to Seller in the
event Purchaser breaches this Contract as provided in Article VIII hereof.
At the closing, the Escrow Deposit shall be paid over to Seller and
applied to the cash portion of the purchase price, provided, however, that
in the event the Purchaser shall have given written notice to the Title
Company that one or more of the conditions to its obligations set forth
in Article III have not been met, or, in the opinion of Purchaser, cannot
be satisfied, in the manner and as provided for in Article III, then the
Escrow Deposit shall be forthwith returned by the Title Company to
Purchaser.
ARTICLE VII
BREACH BY SELLER
7.01 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, or the failure
of any condition to Seller's obligations provided herein, Purchaser may,
as its sole and exclusive remedy, either: (1) enforce specific performance
of this Contract; or (2) request that the Escrow Deposit shall be
forthwith returned by the Title Company to Purchaser.
4
8.01 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
(1) bring suit for damages against Purchaser; or (2) bring suit for
specific performance. Damages recovered by Seller shall be offset by any
escrow amounts paid to Seller for Purchaser's breach pursuant to the
provisions of paragraph 6.01.
9.01 Seller agrees to use her best efforts to terminate any and
all leaseholds or other possessory interests in or to the Property held
by any third party before the Closing Date as same is defined above and
to deliver the Property and all improvements located thereon vacant.
I: \owo1- - \ 0125 \sales concracc2 /eta
ARTICLE VIII
BREACH BY PURCHASER
ARTICLE IX
LEASEHOLDS
ARTICLE X
MISCELLANEOUS
Assignment of Contract
10.01. (a) This Contract may not be assigned without the express
written consent of Seller. Regardless of the foregoing, Purchaser may
assign this Contract to the Round Rock Transportation Development
Corporation.
Survival of Covenants
(b) Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the
parties, pertaining to a period of time following the closing of the
transactions contemplated hereby shall survive the closing and shall not
be merged therein.
Notice
(c) 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.
5
Texas Law to Apply
(d) 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
(e) 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
(f) 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
(g) 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
(h) Time is of the essence in this Contract.
Gender
(i) 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.
(j) Upon request of either party, both parties shall promptly
execute a memorandum of this Contract suitable for filing of record.
is \0001 -- \01x5 \sales cancaaccVsls
Memorandum of Contract
6
I, \0 001 -- \0115 \sa les concra / sls
Effective Date
(k) This Contract, with the exception of Article IX shall be
effective as of the date it is approved by the City Council, which date
is indicated beneath the Mayor's signature below. Article IX shall be
effective immediately upon the execution of this Contract by Seller.
I represent that I have read and understood each of the terms and
conditions of the foregoing document and by affixing my signature hereto
agree to be bound thereby.
SELLER:
By:
ADELINE GEIST
Date: 1 1 - 13-01 , 2001
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By:
Robert A. Stluka, Jr., Mayor
221 E. Main Street
Round Rock, Texas 78664
Date: , 2001
7
Stan °palter, RPLS, LSLS
12 -31 -99 File No. 99302
WP -8
J. S. COALTER & ASSOCIATES
STAN COALTER ROOISIERED PROFESSIONAL LAND SURVEYOR
RPLS. LSLS
LICENSED STATE LAID SURVEYOR
CARD SHIPMAN (1121 255 -8211 TELEPHONE
OFFICE MANAGER (612) 256 -8263 FACSIMILE
FIELD NOTES
F<17:6,1 "A'•
H05 N. IN 35. SUITE 100
ROUND ROC[[ TEXAS 7256•
BEING 0.73 OF AN ACRE OF LAND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT NO.
297, IN THE CITY OF ROUND ROCK, WILLD'MSON ODUNTY, TEXAS, BEING APART OF LOTS
No. 6 & 7 of SWFN.SON "S SUBDIVISION, A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS,
AOCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 13, PAGE 119, DEED
RECORDS OF WrrLUNSS(NQ COUNTY, AND BEING. ALL OF THAT TRACT OF LAND DESCRIBED IN
DEEDS TO ADEC.]3 E GEISTM AN RECORDED IN VOLUME 827, PAGE 703, VOLUME 854, PAGE
429 AND VOLUME 901, PAGE 280, DEED RECORDS OF WILLIAMSON COUNTY, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at an iron rod found at the most easterly corner hereof at the
intersection of the north line of Lots 6 & 7 of said St nson's Subdivision
with the northwesterly line of United States Highway No. 79;
THENCE S 65 28' 21" W a distance of 402.55 feet with the northwesterly line
of said U S. Highway 79 to an iron rod found at the southwest corner hereof,
said iron rod also being the southeast corner of that certain 3.00 acre tract
of land described in a deed to Aaron Thomison recorded in Volume 2422, Page
420, Official Records of William ton County;
THENCE NORTH a distance of 173.19 feet to an iron rod set at the northwest
corner hereof in the north line of It 6 of said Swenson's Subdivision, said
iron rod also being the northeast corner of said 3.00 acre tract;
THENCE S 89° 02' 55" E a distance of 366.27 feet with the north line of said
Lots 6 & 7.of Swenson's Subdivision and the north line of County Road No. 195,
(a 30' wide gravel road) , to the Place of Beginning, containing 0.73 of an
acre of land, subject to easements,borditions and restrictions of record, if
any.
0.73 Ac.
827/703, 854/429,901/280
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PART OF THE P.A.'HOLDER SURVEY, ABSTRACT 297
WILLIAMSON COUNTY, TX.
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H/F Catherine Overall 269.7 Ac. 339/178
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12-31 -99
Ref.: Cily of Round Rock
Public Works Depl.
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FLOOD x078
'The property described bacon IS H0 T within *Special Flood Huard Alm
u determined by the Federal Emergency Management Agmry; the flood hazard area being Wend.
Bed on F.I.R.M. Panel No. 481046 0335 C efecdfre 9.77 - 91.
❑ Zone A 0 Zone A13 • Zone X (Areas determined 10 be outside the 500 year flood plain.)
SURVEYORS CERTIFICATE
The.plil aho4on hereon la a true, correct and accurate remeseotatIon of the property as deter.
mlaed.by survey, 'the lines and. dimenrIom of mid Memel: being u Indiootod by the plat; the
sire, loalbn and rype.p( bnildlnp a4d Improremot4 an- a ahoaro; .lL bapeoremcou bemj
wlthln Ihs bouddadq 9L , rhq . property. set back Zoom the property linos the dhtaocea Indicated
Then us 09 eeaoRebrnenla, coof3lcts or protrusions. ahorkeo In Asia, ',bible tidlity lion or
crudes crpulne 414 Property; except u shown, hereon, aedbald property bat seven to' .04 from
a•3TATL 9AIII TAIfI ►UOL10 RbAO.. /
DATE: November 15, 2001
SUBJECT: City Council Meeting — November 20, 2001
ITEM: *13.C.1. Consider a resolution authorizing the Mayor to execute a
Real Estate Contract with Adeline Gelstnran for right -of -way
for the Highway 79 project
Resource: Steve Sheets, City Attorney
Julie Wolff
History: This property has been identified as necessary for the Highway 79
expansion project.
Cost:
Settlement Amount: $425,000.00
Source of Funds: Round Rock Transportation System Development Corporation
Outside Resources: The Pinnacle Group
Impact: N/A
Benefit: Allows for needed widening of Highway 79
Public Comment: N/A
Sponsor: N/A
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE ( "Contract ") is made by and between Adeline
Geistman, of 1402 Deepwood Drive, Round Rock, Texas 78681 (referred to in
this Contract as ( "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule
City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to
in this Contract as ( "Purchaser "), upon the terms and conditions set forth
in this Contract.
\0001 - - \ 0us \sales co"ccactz Isis
ARTICLE I
PURCHASE AND SALE
1.01 By this Contract, Seller sells and agrees to convey, and
Purchaser purchases and agrees to pay for, that certain parcel of land
containing approximately 0.73 acres of land and all improvements located
thereon situated in Williamson County, Texas, being more particularly
described in Exhibit A, attached hereto and incorporated herein; 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
property situated on and attached to the Property, for the consideration
and upon and subject to the terms, provisions, and conditions set forth
below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of FOUR
HUNDRED TWENTY FIVE THOUSAND and no /100 Dollars ($425,000.00.)
1
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
ARTICLE III
PURCHASER'S AND SELLER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the
transaction contemplated hereby are subject to the consent of Seller's
lender to release the Property from its lien and financing statement, and
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).
Preliminary Title Commitment
3.02. Purchaser, at Purchaser's sole cost and expense, will cause
Austin Title Company (the "Title Company ") of 101 E. Old Settlers Blvd.,
Suite 100, Round Rock, Texas 78664, to issue a preliminary title report
(the "Title Commitment "). Purchaser shall give Seller written notice on
or before the expiration of ten (10) days after Purchaser receives this
contract following execution by Seller that the condition of title as set
forth in the title binder is or is not satisfactory, and in the event
Purchaser states that the condition is not satisfactory, Seller may, but
shall not be obligated, to eliminate or modify all unacceptable matters
to the reasonable satisfaction of Purchaser. In the event Seller is
unable, or unwilling to do so within ten (10) days after receipt of
written notice, this Contract shall thereupon be null and void for all
purposes and the Escrow Deposit shall be forthwith returned by the Title
Company to Purchaser. Purchaser's failure to give Seller this written
notice shall be deemed to be Purchaser's acceptance of the Title
Commitment.
\0001 -- \0125 \sales co.racc2 /sls
ARTICLE IV
CLOSING
The closing shall be held at the Title Company on or before December
31, 2002, or at such time, date, and place as Seller and Purchaser may
agree upon (which date is herein referred to as the ( "closing date ").
Seller's Obligations
4.01. At the closing Seller shall:
2
(a) Deliver to Purchaser a duly executed and acknowledged General
Warranty Deed conveying good and indefeasible title in fee simple to all
of the Property, free and clear of any and all liens, encumbrances,
conditions, easements, assessments, and restrictions, except for the
following:
(i) General real estate taxes for the year of
closing and subsequent years not yet due and
payable;
(ii) Any exceptions approved by Purchaser pursuant
to Article III hereof; and
(iii) Any exceptions approved by Purchaser in
writing.
(b) Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by the Title Company, in
Purchaser's favor in the full amount of the purchase price,
insuring Purchaser's fee simple title to the Property subject
only to those title exceptions listed above, 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.
(c) The aforesaid General Warranty Deed will include provisions
that it is being delivered in lieu of condemnation.
4.02 At the Closing, Purchaser shall pay the cash portion of
the purchase price.
4.03 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. All special taxes or
assessments to the closing date relating to the Property and then due and
payable, shall be paid by Seller. Purchaser will bear the burden of paying
any rollback taxes, if any, resulting from a change of use of the
Property.
is \000i -- \alas \sales �o�c :a�cz /sis
Purchaser's Obligations
Prorations
3
Closing Costs
4.04 All costs and expenses of closing in consummating the sale
and purchase of the Property shall be borne and paid as follows:
Owner's Title Policy paid by Purchaser;
Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Seller;
Title curative matters, if any, paid by Seller;
Other miscellaneous closing costs to be paid by Purchaser;
Attorney's fees paid by each respectively.
ARTICLE V
REAL ESTATE COMMISSIONS
5.01 Seller will be solely responsible for all real estate
brokerage commissions due to any brokers representing the Seller.
\0001-- \0125 \sales roncrac. /s1s
ARTICLE VI
ESCROW DEPOSIT
6.01 For the purpose of securing the performance of Purchaser
under the terms and provisions of this Contract, Purchaser has delivered
to the Title Company, the sum of Five Thousand Dollars ($5000.00), the
Escrow Deposit, which shall be paid by the Title Company to Seller in the
event Purchaser breaches this Contract as provided in Article VIII hereof.
At the closing, the Escrow Deposit shall be paid over to Seller and
applied to the cash portion of the purchase price, provided, however, that
in the event the Purchaser shall have given written notice to the Title
Company that one or more of the conditions to its obligations set forth
in Article III have not been met, or, in the opinion of Purchaser, cannot
be satisfied, in the manner and as provided for in Article III, then the
Escrow Deposit shall be forthwith returned by the Title Company to
Purchaser.
ARTICLE VII
BREACH BY SELLER
7.01 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, or the failure
of any condition to Seller's obligations provided herein, Purchaser may,
as its sole and exclusive remedy, either: (1) enforce specific performance
of this Contract; or (2) request that the Escrow Deposit shall be
forthwith returned by the Title Company to Purchaser.
4
I: \0001 -- \0125 \sales concract2 /sls
ARTICLE VIII
BREACH BY PURCHASER
8.01 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
(1) bring suit for damages against Purchaser; or (2) bring suit for
specific performance. Damages recovered by Seller shall be offset by any
escrow amounts paid to Seller for Purchaser's breach pursuant to the
provisions of paragraph 6.01.
ARTICLE IX
LEASEHOLDS
9.01 Seller agrees to use her best efforts to terminate any and
all leaseholds or other possessory interests in or to the Property held
by any third party before the Closing Date as same is defined above and
to deliver the Property and all improvements located thereon vacant.
ARTICLE X
MISCELLANEOUS
Assignment of Contract
10.01. (a) This Contract may not be assigned without the express
written consent of Seller. Regardless of the foregoing, Purchaser may
assign this Contract to the Round Rock Transportation Development
Corporation.
Survival of Covenants
(b) Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the
parties, pertaining to a period of time following the closing of the
transactions contemplated hereby shall survive the closing and shall not
be merged therein.
Notice
(c) 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.
5
(d) 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.
(e) 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.
(f) 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.
\000l-- \olzs\sales concraccz /sls
Texas Law to Apply
Parties Bound
Legal Construction
Prior Agreements Superseded
(g) 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
(h) Time is of the essence in this Contract.
Gender
(i) 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
(j) Upon request of either party, both parties shall promptly
execute a memorandum of this Contract suitable for filing of record.
6
Effective Date
(k) This Contract, with the exception of Article IX shall be
effective as of the date it is approved by the City Council, which date
is indicated beneath the Mayor's signature below. Article IX shall be
effective immediately upon the execution of this Contract by Seller.
I represent that I have read and understood each of the terms and
conditions of the foregoing document and by affixing my signature hereto
agree to be bound thereby.
is \oo01- - \o125 \sales contract2 /313
SELLER:
1
By: IA SGy.. -.A.
ADELINE GEIST
Date: !L 13 — o1
PURCHASER:
CITY OF ROUND ROCK, TEXAS
GSI.4,6ME 1 . .�,
: w t A. Stluka, Jr. / ayor
2001
By:
221 E. Main Street
Round Rock, Texas 78664
Date: !f CO
7
, 2001
J.S. COALTER & ASSOCIATES
STAN cOALTER REGISTERED PROFESSIONAL LAND SURVEYOR
RPLS. LEIS
LICENSED STATE LAND SURVEYOR
606 N. IH 85. SUITE 106
ROUND ROCK, TEXAS 78004
CARL1 SHIPMAN (612) 255 -6211 TELEPHONE
OFFICE MANAGER (612) 255 -0268 FACSIMILE
FIELD NOTES
BEING 0.73 OF AN ACRE OF LAND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT NO.
297, IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING APART OF LOTS
No. 6 & 7 of SWENSON SUBDIVISION, A SUBDIVISION IN WIILLAMSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 13, PAGE 119, DEED
RECORDS OF WILLIAMSON COUNTY, AND BEING ALL OF THAT TRACT OF LAND DESCRIBED IN
DEEDS 1O ADELINE GEISZMAN RECORDED IN VOLUME 827, PAGE 703, VOLUME 854, PAGE
429 AND VOLUME 901, PAGE 280, DEED RECORDS OF WILLIAMSON COUNTY, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at an iron rod found at the most easterly corner hereof at the
intersection of the north line of Lots 6 & 7 of said Swenson's Subdivision
with the northwesterly line of United States Highway No. 79;
THENCE S 65 °- 28' 21" W a distance of 402.55 feet with the northwesterly line
of said U. S. Highway 79 to an iron rod found at the southwest corner hereof,
said iron rod also being the southeast corner of that certain 3.00 acre tract
of land described in a deed to Aaron Thbmison recorded in Volume 2422, Page
420, Official Records of Williamson County;
THENCE NORTH a distance of 173.19 feet to an iron rod set at the northwest
corner hereof in the north line of Lot 6 of said Swenson's Subdivision, said
iron rod also being the northeast corner of said 3.00 acre tract;
THENCE S 89° 02' 55" E a distance of 366.27 feet with the north line of said
Tots 6 & 7 -of Swenson's Subdivision and the north line of County Road No. 195,
(a 30' wide gravel road), to the Place of Beginning, containing 0.73 of an
acre of land, subject to eases nts,-oonditions and restrictions of record, if
any.
& ASSOCIATES, SURVEYORS
Stan Coalter, RPLS, ISIS
12 -31 -99 File No. 99302
wP-8
0.73 Ac.
827/703, 854/429,901/280
PART OF THE P.A. HOLDER SURVEY, ABSTRACT 297
WILLIAMSON COUNTY, TX.
CLINE
S ■EMSDN
1 /1194.14
Cutter & SE(gfofiatts
'Repined T krlunaf Son )v .
Lmuid St, and S..vler •
90,5 7n,. 1X-35 S.rn rot • Otter (5 , s) 45544 (1
"blind Recd. Tam 73C41 Tai (5,4) 155 .).
•
N/F Colherine Overall 269.7 Ac. 339/178
17 1s•se'E 311.7'1
S 89 °0 ?SSE 365. P7'
12-31-99
Ref.: City of Ropnd RoCA
Public Worts Dept.
0 ROD FOUND
FLOOD NOTE
The property described hereon 15 110 T within • Special Flood Heard Area
u determined by the Federal Emergency Management Agency; the flood baud area being Wend.
fed on P.1.R.M. Panel No. 481048 0335 C effective 9.27 -91
ID Zone A 0 Zone AB • Zane X (Areal detumincd k be outside the 50? yea+ hood plain)
SURVEYOR.9 CER7mC.u.TE
'he.plat sheim hereon b a true. correct. and accurate representatio of the property a deter
mined.by mrrey, the Ilea and dim:belons of raid propert7. being u Indicated by the plat; the
else, leaden and type .of buildlnp and Improvements en. a abown; ale hnpreremeeta Wee
Nithie iha betmdades of.eba >bI baCk.from the an
trope lines the d etc a indicated.
Then are no eneroechnxots, conellitt or protrusion,, shorl..ee• le irea, vbibte udllry tins Or
roads ranting ..id preper?y; exttpt o ahowe hcrron and property has eaese to and from
e.3TA'Tt MAIM TAJMEb'PUBLIC ROAD.. •
•