R-02-07-11-10B1 - 7/11/2002RESOLUTION NO. R- 02- 07- 11 -10B1
WHEREAS, the City desires to purchase a 0.099 acre tract of land
for additional right -of -way for the CR 122 Project, and
WHEREAS, Lloyd N. Ricketson, and wife Mary Ann Ricketson, the
owners of the property, have 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 Lloyd N. Ricketson, and
wife Mary Ann Ricketson, 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 llth day of Jul y, 20 2
ATTEST: [J "City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretary
: ODMA\ PI OPLDO x \0: \HOO % \RESOLUTI \R20711B1. UPD /eC
N L IMAXWELL, Mayor
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
REAL ESTATE CONTRACT
THIS REAL ESTATE CONTRACT ( "Contract ") is made by and between LLOYD
N. RICKETSON and wife MARY ANN RICKETSON (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.
RECITALS
Purchaser has previously threatened condemnation of the Property
(described below.) Under threat of condemnation, Seller agrees to convey
the Property to Purchaser, and this Contract sets forth the terms and
provisions of such sale in lieu of condemnation.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser
purchases and agrees to pay for, a parcel of land situated in Williamson
County, Texas, being more particularly described as follows:
0.099 of an acre of land, more or less out of the Joseph
Marshall Survey, Abstract No. 909, Williamson County, Texas
and be 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.
2.01. The purchase price for the Property shall be the sum of Four
Thousand Seven Hundred Seventy Six and 00/100 Dollars ($9,776.00).
2.02. In addition to the purchase price, Purchaser agrees to tender,
as additional compensation to the Seller, the sum of Three Thousand and
00 /100 ($3,000.00), which the parties have expressly agreed to be the
naxu. iw•..00mnnux „�a<,,,w
ARTICLE II
CONSIDERATION
Amount of Purchase Price
Additional Compensation
EXHIBIT
uAn
cost of relocating the septic system and associated drain field and lines
from the Property to the remainder tract retained by Seller whether the
actual costs for relocation be more or less.
The Parties agree that said additional compensation represents the
full and final payment for the relocation of the septic system and
associated drain field and lines as well as payment for any damages that
may accrue to either the Property or the remainder tract as the result
of the relocation.
Seller agrees that in return for the additional compensation they
will relocate, at Sellers' sole cost and expense, the septic system and
associated drain field and lines from the Property to the remainder tract
retained by Seller within ninety days from the Closing Date of this
Contract.
Payment of Consideration
2.03. The Purchase Price and Additional Compensation shall be paid
in cash at the closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the
transaction 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).
Preliminary Title Commitment
3.02. Within ten (10) days after the date hereof, Purchaser, at
Purchaser's sole cost and expense, shall have caused Georgetown Title
Company (the "Title Company ") of 1717 N. Mays, Round Rock, Texas 78664,
to issue an updated preliminary title report (the "Title Commitment ").
Purchaser shall give Seller written notice on or before the expiration
of three (3) days after Purchaser receives the updated Title Commitment
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) attempt to
eliminate or modify all unacceptable matters to the reasonable
satisfaction of Purchaser. In the event Seller has not done 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.
2
4.02
in cash.
ARTICLE IV
CLOSING
The closing shall be held at the Title Company on or before August
15, 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:
(a) Deliver to Purchaser a duly executed and acknowledged Special
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 (or deemed 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.
Purchaser's Obligations
At the Closing, Purchaser shall pay the purchase price
Prorations
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.
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:
1. Owner's Title Policy paid by Purchaser;
2. Filing fees for deed paid by Purchaser;
ARTICLE V
REAL ESTATE COMMISSIONS
Seller will be solely responsible for all real estate brokerage
commissions due to any brokers representing the Seller. Purchaser will
be solely responsible for all real estate brokerage commissions due to
any brokers representing the Purchaser.
ARTICLE VI
ESCROW DEPOSIT
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 One Thousand and no /100 Dollars ($1,000.00),
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 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
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, as
its sole and exclusive remedy, either: (1) enforce specific performance
of this Contract (in which case Purchaser shall be deemed to have agreed
to accept title to the Property subject to all matters of record); or
(2) terminate this Contract in which event the Escrow Deposit shall be
forthwith returned by the Title Company to Purchaser and neither party
hereto shall have any further rights, duties or obligations one to the
other hereunder.
ARTICLE VIII
BREACH BY PURCHASER
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
4
being in default hereunder, Seller shall have the right to (1) bring suit
for damages against Purchaser; or (2) receive the Escrow Deposit 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.
ARTICLE IX
SPECIAL PROVISIONS
Possession, Use and Right of Entry Agreement
9.01. For the consideration to be paid by the City which is set
forth in Article II above, Seller, upon executing this contract by
affixing their signatures hereto, hereby grants, bargains, sells and
conveys to the City exclusive and immediate possession, use and right
of entry onto the Property for the purpose of constructing a roadway
project and appurtenances thereto and the right to remove any
improvements. The foregoing grant will extend to the City, its
contractors, assigns and /or owners of any existing utilities on the
Property and those which may be lawfully permitted on the Property by
the City in the future. This grant will allow the construction,
relocation, replacement, repair, improvement, operation and maintenance
of these utilities on the Property, to begin immediately and prior to
the closing date. The purpose of this grant is to allow the City to
proceed with its construction project without delay.
ARTICLE X
MISCELLANEOUS
Assignment of Contract
10.01. (a) This Contract may not be assigned without the
express written consent of Seller.
Notice
(b) Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by FedEx or other similar
delivery service or 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
(c) 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.
5
Parties Bound
(d) 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
(e) 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
(f) 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
(g) Time is of the essence in this Contract.
Gender
(h) 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.
Effective Date
(i) This Contract shall be effective as of the date it is
approved by the City Council, which date is indicated beneath the Mayor's
signature below.
6
— 7/1 - 0/6
LLOYD /. RICKETSON
SEL
MAR?' A RICKETSO
q j /0
Date:
, 2002
7
221 E. Main Street
Round Rock, Texas 78664
y
Date: / — II-- , 2002
DESCRIPTION
EXHIBIT
r 0P3
Page 1 of 2
FOR A 0.099 ACRE (4,302.84 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409 IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF LOT 2 OF "OLD OAKS ESTATES" A SUBDIVISION ACCORDING
TO THE PLAT THEREOF RECORDED EN CABINET D SLIDE 49 OF THE PLAT RECORDS
OF SAID COUNTY, SAID 0.099 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGIN FOR REFERENCE on an iron rod found on point in the westerly right -of -way line of County Road
122 (CR 122) (right -of -way width varies), same being the north boundary line of Lot 1 of said subdivision,
also being the most southeasterly corner of Lot 11 of "Forest Bluff- Sec. 1B", a subdivision according to
the Plat thereof recorded in Cabinet N Slide 379 of the Plat Records of said County, thence with the
westerly right -of -way line of said C.R. 122, same being the east boundary line of said Lot 1, S89 "E
(Bearing Basis/Directional Control Line) a distance of 20.01 -feet, thence S00 ° 04'45 "E a distance of
194.36 -feet to a point being the most southeast corner of said Lot 1, same being the most northeast corner
of said Lot 2 being the POINT OF BEGINNING hereof;
THENCE continuing with the westerly right -of -way line of said C.R. 122 with the east boundary line of
said Lot 2, S00 ° 04'45 "E for a distance of 195.71 -feet to a point being the most southeast comer of said Lot
2, same being an intersecting point of the westerly right -of -way line of said C.R. 122 and the northerly
right-of-way line of Old Oaks Drive (50 -feet in right-of-way width);
THENCE departing the westerly right-of-way line of said C.R. 122, with the northerly right -of -way line of
said Old Oaks Drive, same being the south boundary line of said Lot 2, S89 ° 54'53"W for a distance of
25.05 -feet pass an iron rod found on a point being the most southwest corner of a road easement per said
subdivision, continuing for a total of 41.96 -feet to an iron rod set on a point of curvature hereof, and from
which an iron rod found on a point in the northerly right -of -way line of said Old Oaks Drive, same being
the most southwest corner of said Lot 2, also being the most southeast comer of Lot 3 of said subdivision
bears S89 ° 54'53 "W a distance of 18729 -feet;
THENCE departing the northerly right -of -way line of said Old Oaks Drive, through the interior of said Lot
2, with the arc of a curve to the left having a radius of 20.00 -feet a arc length of 31.31 -feet, a central angle
of 89 ° 41'28" and a chord which bears N45 fora distance of 28.21 -feet to an iron rod set on a point
of tangency hereof;
THENCE continuing through the interior of said Lot 2, N00 ° 13'25"E for a distance of 175.86 -feet to an
iron rod set on a point in the north boundary line of said Lot 2, same being the south boundary line of said
Lot 1 hereof;
THENCE with the north boundary line of said Lot 2, same being the south boundary line of said Lot I,
S89 ° 58'52"E for a distance of 21.03 -feet to the POINT OF BEGINNING hereof and containing 0.099 acre
of land.
Surveyed under the direct supervision of the undersigned:
t22°o¢.ds
Donald 7. Kirby
Registered Professi al Land Surveyor No. 2508
Baker Aicklen & Assoc.
203 E. Main St. Ste. 201
Round Rock, Tx. 78664
(512) 244-9650
1
Page 2 of 2
1.(1T
LOT 4
•
LOT 3
SKETCH TO ACCOMPANY DESCRIPTION
FOILES T - SEC. BEARING BASIS/
DIRECT! NAL CONTROL LINE
N89°52'30"E
LOT 12 i_QT 11 zo.of
LEGEND
, •
• OLD OAKS ESTATES
CAB. 0, SLD. 49
OLD OAKS DRIVE (50' ROW)
(204.25"
187.29'
* IRE = IRON ROD FOUND
oIRS = IRON ROD SET
( 1 = RECORD INFORMATION
P.O.B. = POINT OF BEGINNING
B.F.R. = BEGIN FOR REFERENCE
CURVE DATA
LOT 2
LOT I
10' ROAD EASEMENT
PER PLAT
SUBJECT TRACT
0.099 AC.
4,302.84 sq. N.
WEST)
589
EXHIBIT
1 Jf
7. 7 . i t
30T
1
B.F.R.
285
2103')
H
IRS
NUMBER
CI
DELTA ANGLE DIRECTION
89°4128" N 45 E
RADIUS
20.00
ARC LENGTH
.31.31
CHORD LENGTH
28.21
25.05
5139
vie
0,
0
EXHIBIT "A"
DATE: 4-2000
JOB No.: 601-755-10
File:
BY: BKS
las.
62
SCALE: 1"50
WOODLAND
LOOP
(50' R.0. W)
OAK
BL LIFE
ES TA TES
9i_ OCK A
Baker-Alcklen
& Assocletes, Inc.
Engineers/Surveyors
DATE: July 3, 2002
SUBJECT: City Council Meeting — July 11, 2002
ITEM: 10.B.1. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with Lloyd N. Ricketson, and wife Mary Ann
Ricketson for right -of -way for the CR 122 project.
Resource: Steve Sheets, City Attorney
Julie Wolff, Legal Assistant
History: The widening of County Road 122 will accommodate increased traffic on County
Road 122 and will improve safety.
Funding:
Cost: $7,776
Appraised Value: $7,776
Source of funds: Round Rock Transportation System Development Corporation
Outside Resources: Sheets & Corssfield, P.C.
Impact/Benefit: N/A
Public Comment: N/A
Sponsor: N/A
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
REAL ESTATE CONTRACT
THIS REAL ESTATE CONTRACT ( "Contract ") is made by and between LLOYD
N. RICKETSON and wife MARY ANN RICKETSON (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.
RECITALS
Purchaser has previously threatened condemnation of the Property
(described below.) Under threat of condemnation, Seller agrees to convey
the Property to Purchaser, and this Contract sets forth the terms and
provisions of such sale in lieu of condemnation.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser
purchases and agrees to pay for, a parcel of land situated in Williamson
County, Texas, being more particularly described as follows:
0.099 of an acre of land, more or less out of the Joseph
Marshall Survey, Abstract No. 409, Williamson County, Texas
and be 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
CONSIDERATION
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of Four
Thousand Seven Hundred Seventy Six and 00 /100 Dollars ($4,776.00).
Additional Compensation
2.02. In addition to the purchase price, Purchaser agrees to tender,
as additional compensation to the Seller, the sum of Three Thousand and
00 /100 ($3,000.00), which the parties have expressly agreed to be the
MO, IN
p,1
cost of relocating the septic system and associated drain field and lines
from the Property to the remainder tract retained by Seller whether the
actual costs for relocation be more or less.
The Parties agree that said additional compensation represents the
full and final payment for the relocation of the septic system and
associated drain field and lines as well as payment for any damages that
may accrue to either the Property or the remainder tract as the result
of the relocation.
Seller agrees that in return for the additional compensation they
will relocate, at Sellers' sole cost and expense, the septic system and
associated drain field and lines from the Property to the remainder tract
retained by Seller within ninety days from the Closing Date of this
Contract.
Payment of Consideration
2.03. The Purchase Price and Additional Compensation shall be paid
in cash at the closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the
transaction 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).
Preliminary Title Commitment
3.02. Within ten (10) days after the date hereof, Purchaser, at
Purchaser's sole cost and expense, shall have caused Georgetown Title
Company (the "Title Company ") of 1717 N. Mays, Round Rock, Texas 78664,
to issue an updated preliminary title report (the "Title Commitment ").
Purchaser shall give Seller written notice on or before the expiration
of three (3) days after Purchaser receives the updated Title Commitment
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) attempt to
eliminate or modify all unacceptable matters to the reasonable
satisfaction of Purchaser. In the event Seller has not done 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.
2
4.02
in cash.
ARTICLE IV
CLOSING
The closing shall be held at the Title Company on or before August
15, 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:
(a) Deliver to Purchaser a duly executed and acknowledged Special
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 (or deemed 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.
Purchaser's Obligations
At the Closing, Purchaser shall pay the purchase price
Prorations
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.
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:
1. Owner's Title Policy paid by Purchaser;
2. Filing fees for deed paid by Purchaser;
ARTICLE V
REAL ESTATE COMMISSIONS
Seller will be solely responsible for all real estate brokerage
commissions due to any brokers representing the Seller. Purchaser will
be solely responsible for all real estate brokerage commissions due to
any brokers representing the Purchaser.
ARTICLE VI
ESCROW DEPOSIT
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 One Thousand and no /100 Dollars ($1,000.00),
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 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
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, as
its sole and exclusive remedy, either: (1) enforce specific performance
of this Contract (in which case Purchaser shall be deemed to have agreed
to accept title to the Property subject to all matters of record); or
(2) terminate this Contract in which event the Escrow Deposit shall be
forthwith returned by the Title Company to Purchaser and neither party
hereto shall have any further rights, duties or obligations one to the
other hereunder.
ARTICLE VIII
BREACH BY PURCHASER
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
4
being in default hereunder, Seller shall have the right to (1) bring suit
for damages against Purchaser; or (2) receive the Escrow Deposit 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.
ARTICLE IX
SPECIAL PROVISIONS
Possession, Use and Right of Entry Agreement
9.01. For the consideration to be paid by the City which is set
forth in Article II above, Seller, upon executing this contract by
affixing their signatures hereto, hereby grants, bargains, sells and
conveys to the City exclusive and immediate possession, use and right
of entry onto the Property for the purpose of constructing a roadway
project and appurtenances thereto and the right to remove any
improvements. The foregoing grant will extend to the City, its
contractors, assigns and /or owners of any existing utilities on the
Property and those which may be lawfully permitted on the Property by
the City in the future. This grant will allow the construction,
relocation, replacement, repair, improvement, operation and maintenance
of these utilities on the Property, to begin immediately and prior to
the closing date. The purpose of this grant is to allow the City to
proceed with its construction project without delay.
ARTICLE X
MISCELLANEOUS
Assignment of Contract
10.01. (a) This Contract may not be assigned without the
express written consent of Seller.
Notice
(b) Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by FedEx or other similar
delivery service or 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
(c) 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.
5
Parties Bound
(d) 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
(e) 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
(f) 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
(g) Time is of the essence in this Contract.
Gender
(h) 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.
Effective Date
(i) This Contract shall be effective as of the date it is
approved by the City Council, which date is indicated beneath the Mayor's
signature below.
6
SEL
LLOYD
MAR
Date:
— 7/1 — e463
RICKETSON
:EA O
r / �d
, 2002
7
221 E. Main Street
Round Rock, Texas 78664
y
Date: / — i I-- , 2002
DESCRIPTION
d 1 4
EXHIBIT
c /0,3
Page 1 of 2
FOR A 0.099 ACRE (4,302.84 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409 IN WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF LOT 2 OF "OLD OAKS ESTATES" A SUBDIVISION ACCORDING
TO THE PLAT THEREOF RECORDED IN CABINET D SLIDE 49 OF THE PLAT RECORDS
OF SAID COUNTY, SAID 0.099 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGIN FOR REFERENCE on an iron rod found on point in the westerly right -of -way line of County Road
122 (CR 122) (right -of -way width varies), same being the north boundary line of Lot 1 of said subdivision,
also being the most southeasterly corner of Lot 11 of "Forest Bluff- Sec. 1B ", a subdivision according to
the Plat thereof recorded in Cabinet N Slide 379 of the Plat Records of said County, thence with the
westerly right -of-way line of said C.R. 122, same being the east boundary line of said Lot 1, S89 ° 52'30 "E
(Bearing Basis/Directional Control Line) a distance of 20.01 -feet, thence S00 a distance of
194.36 -feet to a point being the most southeast comer of said Lot 1, same being the most northeast comer
of said Lot 2 being the POINT OF BEGINNING hereof;
THENCE continuing with the westerly right -of -way line of said C.R. 122 with the east boundary line of
said Lot 2, S00 "E for a distance of 195.71 -feet to a point being the most southeast corner of said Lot
2, same being an intersecting point of the westerly right-of-way line of said C.R. 122 and the northerly
right-of-way line of Old Oaks Drive (50 -feet in right -of -way width);
THENCE departing the westerly right-of-way line of said C.R. 122, with the northerly right-of-way line of
said 01d Oaks Drive, same being the south boundary line of said Lot 2, S89 ° 54'53 "W for a distance of
25.05 -feet pass an iron rod found on a point being the most southwest comer of a road easement per said
subdivision, continuing for a total of 41.96 -feet to an iron rod set on a point of curvature hereof, and from
which an iron rod found on a point in the northerly right -of -way line of said Old Oaks Drive, same being
the most southwest corner of said Lot 2, also being the most southeast corner of Lot 3 of said subdivision
bears S89 ° 54'53 "W a distance of 187.29 -feet;
THENCE departing the northerly right -of -way line of said Old Oaks Drive, through the interior of said Lot
2, with the arc of a curve to the left having a radius of 20.00 -feet a are length of 31.31 -feet, a central angle
of 89 ° 41'28" and a chord which bears N45 ° 04'09 "E for a distance of 28.21 -feet to an iron rod set on a point
of tangency hereof;
THENCE continuing through the interior of said Lot 2, N00 ° 13'25 "E for a distance of 175.86 -feet to an
iron rod set on a point in the north boundary line of said Lot 2, same being the south boundary line of said
Lot 1 hereof;
Page 2 of 2
THENCE with the north boundary line of said Lot 2, same being the south boundary line of said Lot 1,
S89 ° 58'52 "E for a distance of 21.03 -feet to the POINT OF BEGINNING hereof and containing 0.099 acre
of land.
Surveyed under the direct supervision of the undersigned:
Donald J. Kirby Difte
Registered Professi . Land Surveyor No. 2508
Baker Aicklen & As oc.
203 E. Main St. Ste. 201
Round Rock, Tx. 78664
(512) 244-9650
t22 O2na
1
LOT 4
r
r" r;
•
0 , ,1
LOT 3
SKETCH TO ACCOMPANY DESCRIPTION
1
,.. - - BEARING BA
N89 °5
DIRECTIQNAL CON
f 2':
20.01
rr
LOTI
187.29'
•
■
e s OLD OAKS ESTATES
CAB. 0, SLD_ 49
(204.25"
LOT 2
OLD OAKS DRIVE (50' ROW)
LEGEND
e 1RF = IRON ROD FOUND
O IRS = IRON ROD SET
( ) = RECORD INFORMATION
P.O.B. = POINT OF BEGINNING
B.F.R. = BEGIN FOR REFERENCE
CURVE DATA
B.F.R.
S89 °5 52 "E
Rs 2/ 13 3'
IO' ROAD EASEMENT -��
PER PLAT
1
( SUBJE9 TRACT
0.099 9 AC.
4,302.84 sq. ft.
WEST)
S89 °5453 "W 25.05
NUMB
CI
DELTA ANGLE CHORD DIRECTION RADIUSI ARC LENGTH
89 ° 41'28" N 45 °04'09 E 20.00 31.31
CHORD LENGTH
28.21
41.96'
S89 ° 54'53 "W
N,
Vtp
0 M
N
P.O.B.
ao
O
O
O
LA
SCALE: 1"=50'
° o WOODLAND
m LOOP
(50' R.O.W.)
U
(
EXHIBIT "A"
DATE: 4 -2000
JOB No.: 601 - 758 -10
File:
BY: BKS
LOT 2:
BL. UFF
ESTATES
OAK
Baker- Alcklen
& Associates, Inc.
Engineers /Surveyors