R-03-05-08-15B2 - 5/8/2003RESOLUTION NO. R- 03- 05 -08 -15B2
WHEREAS, the City desires to purchase a 0.554 acre tract of land
for additional right -of -way for the Double Creek Drive Project, and
WHEREAS, Nathan and Kent Leistico, 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 Nathan and Kent
Leistico, 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 8th day of May, 2003.
ST:
CHRISTINE R. MARTINEZ, City Secretary
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City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE ( "Contract ") is made by and between NATHAN
LEISTICO AND KENT LEISTICO (collectively 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
1.01 By this Contract, Seller sells and agrees to convey, and
Purchaser purchases and agrees to pay for a tract of land situated in
Williamson County, Texas, being more particularly described as
follows:
0.554 of an acre of land, more or less, 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
c: \WINDOWS \Temporary Internet Files \01532 \LEISTICO - -Reel estate contract updated 4 -15 -03 (00047S56).WpD/elc
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EXHIBIT
I[A
2.01. The purchase price for the Property shall be the sum of
One Hundred Fifty Five Thousand Eight Hundred Twenty -Six and 50 /100
Dollars ($155,826.50).
Payment of Purchase Price
2.02. The Purchase Price 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 Austin Title
Company, Inc.(the "Title Company ") of 101 E. Old Settlers Blvd., Ste
#100, 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 ten (10) 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.
Purchaser's Obligatons After Closing
3.03 Purchaser and Seller agree that the Purchaser shall extend
water and wastewater mains in the public right of way adjacent to the
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remainder property at no cost to Seller within forty -eight (48)
months of The Closing Date. Wastewater service shall be provided in
such a manner that wastewater from future on -site improvements will
gravity flow into the wastewater collection system. Notwithstanding
this Contract, Seller is responsible for all utility impact fees and
all other applicable fees as required by the ordinances of the City
at the time service is requested.
3.04 Purchaser and Seller further agree that Purchaser shall,
within the City's right -of -way, provide and construct two (2) curb
cuts and driveway aprons built to commercially acceptable standards
during the construction of the roadway improvements, one on Gattis
School Road and one on Double Creek Drive as described below. Each
curb cut shall measure at least thirty (30) feet in width from inside
the curb returns.
The curb cut along Double Creek Drive may be located anywhere
from 200 feet north of the North right -of -way line of Gattis School
Road to the north property line of the Sellers' Tract. The curb cut
on Gattis School Road must be located adjacent to the east property
line of the Sellers' tract.
ARTICLE IV
CLOSING
The closing shall be held at the Title Company on or before June
15, 2003 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
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4.02
in cash.
(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.
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:
(a) Owner's Title Policy paid by Purchaser;
(b) Filing fees for deed paid by Purchaser;
(c) All bank or mortgage fees for any releases or other charges
required by Seller's lending institution necessitated by this
transaction shall be borne by Seller.
ARTICLE V
POSSESSION AND USE
By signing this Contract, Seller agrees to grant Purchaser, for
a sixty day period commencing upon the signing of this contract,
temporary possession of the Property for the purpose of constructing,
4
and /or widening Gattis School Road, including, but not limited to,
removal of trees, relocation or installation of utilities,
construction of drainage facilities, and any other work related to
the construction and /or widening of said road. Except by agreement
of the parties, this grant of temporary possession and use of the
Property shall automatically expire sixty days following the
execution of this contract or upon conveyance of the Property to
Seller by Buyer. If Purchaser is found to be in default of the
provisions of this agreement, full possession and use of the property
shall automatically revert to Seller and Purchaser shall have no
rights whatsoever in the property.
ARTICLE VI
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 VII
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under
the terms and provisions of this Contract, Purch���.ascr�� h dclivered 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 VIII
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
5
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 (except as provided for in
Section 9.01 below).
ARTICLE IX
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 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 Purchaser's failure to consummate the purchase
of the Property, and Seller agrees to accept and take this cash
payment as its total damages and relief and as Seller's sole remedy.
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.
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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.
Survival of the Covenants
(g) The representations, warranties, covenants and agreements
of the Seller and Purchaser contained herein shall survive the
Closing and shall not be merged herein.
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.
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Effective Date
(j) 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.
SELLER:
KENT LEISTICO
NATHAN LEISTICO
Date:
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
221 E. Main Street
Round Rock, Texas 78664
Date: , 2003
8
All that certain tract or parcel of land situated in the P. A. Holder Survey, A -297, Williamson County, Texas
and being a part of a 2.00 acre tract of land conveyed to Nathan Leistico and Kant Leistico by deed recorded
in Volume 2074, Page 716 of the Deed Records of Williamson County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING at an iron pin found on the East right -of -way line of Doublecreek Dr. in the
Southwest comer of a 1.00 acre tract of land conveyed to Ronald D. Lutz, Jr. et ux, by deed
recorded in Volume 2538, Page 358 of the above mentioned Deed Records for the
Northwest comer of the above mentioned 2.00 acre tract and the Northwest corner of this
trail..
THENCE N 88 ° 08'39 "E 53.19 feet to an iron pin set on the South line of the said 1.00 acre
tract and the North line of the said 2.00 acre tract for the Northeast corner of this tract and
the PC of a curve to the left, said curve having a radius of 950.00 feet and a central angle of
02 ° 44'58 ".
THENCE with the arc of the said curve 45.59 feet the sub -chord of which bears
S 00 °38'33" E 45.58 to an iron pin set in the PT of the said curve.
THENCE S 02 E 263.37 fed to an iron pin set in the PC of a curve to the left said
curve having a radius of 30.00 fed and a central angle of 89°53'14".
THENCE with the arc of the said curve 47.06 feet the long chord of which bears
S 46 ° 57'39" E 42.38 feet to an iron pin set in PT of the said curve.
THENCE N 88 ° 05'44" E 158.77 feet to an iron pin set on the West line of a 2.00 acre tract
of land conveyed to the Spiritual Assembly of Bahais of Round Rock, Inc. by deed recorded
in Document No. 9623250 of the Official Records of Williamson County, Texas, CO the
East line of the said Leistico 2.00 acre tract for the East comer of this tract
THENCE S 02 ° 40'34" E 29.00 fed to an iron pin found on the North right-of-way line of
Gattis School Road in the Southwest corner of the above mentioned 2.00 acre Spiritual
Assembly of Bahais of Round Rock, Inc. tract and the Southeast corner of the said Leistico
2.00 acre had for the Southeast comer ofthis had.
THENCE S 88 ° 05'44" W with the North right-of-way line of Curtis School Road 237.15
feet to an ion pin set on the East right-of-way line of Doublecreek Dr. in the Southwest
comer of the said Leistico 2.00 acre tract for the Southwest comer of this turd.
THENCE N 02 ° 38'21" W 367.95 feet to the POINT OF BEGINNING containing 0.554
acres of land, more or less.
I; Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes
were prepared from an on- the - ground survey made under my supervision during May of 2001 and are
correct to the best of my knowledge and belief. These field notes were prepared for a transfer of title to the
City of Round Rock, Texas. Any use of this description by any person for any other purpose is expressly
prohibited.
AUSTIN SURVEYORS
P.O. BOX 100243
AUSTIN. TEXAS 70719
2105 JUSTIN LANE 5103
(512) 4544605
Accompaniment far plat 104321
FIELD NOTES FOR 0.554 ACRES
Claude F. e, Jr.
R.P.L.S. No. 4629
Date
�G 1,00
1043- rowded.doc
O
Existing' R i i
J
15' PUE Vol. 1347, Pg
Survey plat showing a 0.554 acre tract
of land in the P.A. Holder Survey, A -297,
in Williamson County, Texas
POINT .F
GINNI G
801
N .� a .
0
o r—
un n _ N
n g
0 0'
Proposed ,ROW
S88'05'44'61 237.15
CURVE
RAWLS
OEL7A ANGLE ARC LENGTH
02'44'58' I 45.59'
89'53'14 47.08
01
C2
950.00'
30.00'
CHORD LENGTH
45.58'
42.38'
CHORD SWING
5 00'38'33' E
5 48'57'39' E
Cattle School Road ( ROW varies)
I, Claude F. Hinkle, Jr., a Registered Professional Ldnd 'Surveyor,
do hereby certify that this plat accurately represents the results
of an on— the —ground survey made under my supervision during •
June of 2001 and Is correct to the best of my knowledge and
belief. •
EXHIBIT
ARC 2.12
Bearings shown hereon are grid bearings
determined by GPS RTK methods for a local
plane centered Mar the Southeast corner
of the P.A. Holder Survey; Abstract No. 297.
Spiritual I .
Assernb?•
of Bahais
of Round
Rock, Inc.
2.00 AC.
000•
r
9021250
- I
1 TPA:L Eosement Vol. 699, Pg. 907
FIN No.: 1045P1
Job N4.: 1043 -100
note: Jan., 2001
Soaks: 100'
Scale 1" = 100'
LINE BEARING
T1 I N88'08'39'E
T2 002'40'34'E
LEGEND
O Iron Pin Set
e Iron Pin Found
Field Notes Prepared
D..len.d 9y: dn.
Drawn 6y: 4n
Chocked 6y:
80044d;
DISTANCE I
53.19'
29.00'
AUSTIN SURVEYORS
,2105 Justin Lane #103
Austin. Tease 78767
612- 454 -8805
DATE: May 2, 2003
SUBJECT: City Council Meeting — May 8, 2003
ITEM: 15.B.2. Consider a resolution authorizing the Mayor to execute a Real Estate
Contract with Nathan and Kent Leistico for the purchase of right -of-
way for the Double Creek Drive project.
Resource: Steve Sheets, City Attorney
Don Childs, Legal Department
History: This contract with Nathan and Kent Leistico is for right of way acquisition for the
Double Creek Drive project.
Funding:
Cost:
Source of Funds:
8155,826.50
Outside Resources: N/A
Impact/Benefit: Improved mobility on Double Creek Drive.
Public Comment: N/A
Sponsor: N/A
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
REAL ESTATE CONTRACT
RECITALS
THIS CONTRACT OF SALE ( "Contract ") is made by and between NATHAN
LEISTICO AND KENT LEISTICO (collectively 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.
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
1.01 By this Contract, Seller sells and agrees to convey, and
Purchaser purchases and agrees to pay for a tract of land situated in
Williamson County, Texas, being more particularly described as follows:
0.554 of an acre of land, more or less, 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 One
Hundred Fifty Five Thousand Eight Hundred Twenty -Six and 50/100 Dollars
($155,826.50).
Page 1 of 7
Payment of Purchase Price
2.02. The Purchase Price 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 Austin Title Company,
Inc.(the "Title Company ") of 101 E. Old Settlers Blvd., Ste #100, 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 ten (10) 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.
Purchaser's Obligations After Closing
3.03 Purchaser and Seller agree that the Purchaser shall extend
water and wastewater mains in the public right of way adjacent to the
remainder property at no cost to Seller within forty -eight (48) months of
The Closing Date. Wastewater service shall be provided in such a manner
that wastewater from future on -site improvements will gravity flow into
the wastewater collection system. Notwithstanding this Contract, Seller
is responsible for all utility impact fees and all other applicable fees
as required by the ordinances of the City at the time service is
requested.
3.04 Purchaser and Seller further agree that Purchaser shall, within
the City's right -of -way, provide and construct two (2) curb cuts and
Page 2 of 7
driveway aprons built to commercially acceptable standards during the
construction of the roadway improvements, one on Gattis School Road and
one on Double Creek Drive as described below. Each curb cut shall measure
at least thirty (30) feet in width from inside the curb returns.
The curb cut along Double Creek Drive may be located anywhere from
200 feet north of the North right -of -way line of Gattis School Road to the
north property line of the Sellers' Tract. The curb cut on Gattis School
Road must be located adjacent to the east property line of the Sellers'
tract.
ARTICLE IV
CLOSING
The closing shall be held at the Title Company on or before June 15,
2003 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:
4.02
cash.
General real estate taxes for the year of closing
and subsequent years not yet due and payable;
Any exceptions approved (or deemed approved) by
Purchaser pursuant to Article III hereof; and
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 in
Page 3 of 7
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.
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:
(a) Owner's Title Policy paid by Purchaser;
(b) Filing fees for deed paid by Purchaser;
(c) All bank or mortgage fees for any releases or other charges
required by Seller's lending institution necessitated by this transaction
shall be borne by Seller.
ARTICLE V
POSSESSION AND USE
By signing this Contract, Seller agrees to grant Purchaser, for a
sixty day period commencing upon the signing of this contract, temporary
possession of the Property for the purpose of constructing, and /or
widening Gattis School Road, including, but not limited to, removal of
trees, relocation or installation of utilities, construction of drainage
facilities, and any other work related to the construction and /or widening
of said road. Except by agreement of the parties, this grant of temporary
possession and use of the Property shall automatically expire sixty days
following the execution of this contract or upon conveyance of the
Property to Seller by Buyer. If Purchaser is found to be in default of
the provisions of this agreement, full possession and use of the property
shall automatically revert to Seller and Purchaser shall have no rights
whatsoever in the property.
ARTICLE VI
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.
Page 4 of 7
ARTICLE VII
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 (51,000.00), 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 VIII
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 (except as provided for in Section 9.01 below).
ARTICLE IX
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
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
Purchaser's failure to consummate the purchase of the Property, and Seller
agrees to accept and take this cash payment as its total damages and
relief and as Seller's sole remedy.
ARTICLE X
MISCELLANEOUS
Assignment of Contract
10.01. (a) This Contract may not be assigned without the express
written consent of Seller.
Page 5 of 7
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.
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.
Survival of the Covenants
(g) The representations, warranties, covenants and agreements of
the Seller and Purchaser contained herein shall survive the Closing and
shall not be merged herein.
Time of Essence
(h) Time is of the essence in this Contract.
Page 6 of 7
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.
Effective Date
(j) 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.
PURCHASER:
Page 7 of 7
, Mayor
21 E. Main Street
Round Rock, Texas 78664
Date: 5 , 2003
AUSTIN SURVEYORS
P.O. SOX 180243
AUSTIN, TEXAS 78718
2105 JUSTIN LANE 8103
(512)4366805
Accompaniment for plat 104371
FIELD NOTES FOR 0554 ACRES
All that certain tract or parcel of land situated in the P. A. Holder Survey, A -297, Williamson County, Texas
and being a part of a 2.00 acre tract of land conveyed to Nathan Leistico and Kent Leistico by deed recorded
in Volume 2074, Page 716 of the Deed Records of Williamson County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING at an iron pin found on the East right -of -way line of Doublecreek Dr. in the
Southwest corner of a 1.00 acre tract of land conveyed to Ronald D. Lutz, Jr. et ux, by deed
recorded in Volume 2538, Page 358 of the above mentioned Deed Records for the
Northwest corner of the above mentioned 2.00 acre tract and the Northwest comer of this
tract.
THENCE N 88 °08'39"E 53.19 feet to an iron pin set on the South line of the said 1.00 acre
tract and the North line of the said 2.00 acre tract for the Northeast comer of this tract and
the PC of a curve to the left, said curve having a radius of 950.00 feet and a central angle of
02 °44'58 ".
THENCE with the arc of the said curve 45.59 feet the sub -chord of which bears
S 00 °38'33" E 45.58 to an iron pin set in the PT of the said curve.
THENCE S 02 °01'02" E 263.37 feet to an iron pin set in the PC of a curve to the left said
curve having a radius of 30.00 feet and a central angle of 89°53'14".
THENCE with the arc of the said curve 47.06 feet the long chord of which bears
S 46 °57'39" E 42.38 feet to an iron pin set in PT of the said curve.
THENCE N 88 °05'44" E 15837 feet to an iron pin set. on the West line of a 2.00 acre tract
of land conveyed to the Spiritual Assembly of Bahais of Round Rock, Inc. by deed recorded
in Document No. 9623250 of the Official Records of Williamson County, Texas, on the
East line of the said Leistico 2.00 acre tract for the East comer of this tract.
THENCE S 02 °40'34" E 29.00 feet to an i ron pin found on the North right-of -way line of
Gattis School Road in the Southwest comer of the above mentioned 2.00 acre Spiritual
Assembly of Bahais of Round Rock, Inc. tract and the Southeast corner of the said Leistico
2.00 acre tract for the Southeast comer of this tract.
THENCE S 88 °05'44" W with the North right-of-way line of Gattis School Road 237.15
feet to an non pin set on the East right - of-way line of Doublecreek Dr. in the Southwest
comer of the said Leistico 2.00 acre tract for the Southwest comer of this tract_
THENCE N 02°38'21" W 367.95 feet to the POINT OF BEGINNING containing 0.554
acres of land, more or less.
1, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes
were prepared from an on- the - ground survey made under my supervision during May of 2001 and era
correct to the best of my knowledge and belief. These field notes were prepared for a transfer of title to the
City of Round Rock, Texas. Any use of this description by any person for any other purpose is expressly
prohibited.
Date 1043- rowded.doc
l7
POINT
.'O
O
Existing R
7
Survey plat showing a 0.554 acre tract
of land in the P.A. Holder Survey, A -297,
in Williamson County, Texas
o • z
�c r4
a r
mr .
-0 3 " ro
^ 'rt
0 0
Proposed RO'
500•05'44"W 237.15
15' PUE Vol. 1347, Pg. 801
Goths School Road ( ROW varies)
CURVE
CI
RADIUS
950.00'
DELTA ANGLE
02'44'58"
ARC LENGTH
43.59'
C2
30.00' 89'53'14
47.08'
CH0R0 LENGTH
45.58'
42.38'
CHORD BEARING
S 00'38 E
S 48 E
I, Claude F. Hinkle, Jr., 'o Registered Professional Land Surveyor,
do hereby certify thot this plat accurately represents the results
of an on -the -ground survey mode under my supervision during
June of 2001 and Is correct to the best of my knowledge and
belief. Y r { /N .
^^
EXHIBIT
es
Scale 1" = 100'
Bearings shown hereon are grid beorings
determined by GPS RTI< methods for local
plane centered near the Southeast corner
of the P.A. Holder Survey, Abstract No. 297.
Spiritual
Assembly
of iiahais
of Round
Rock, inc:
..sill •
DOC#
i % TPdeL Easement Vol. 899. Pg. 907
Ea
•
LINE I SEWING
T1 98E1'09'39'E
T2 502'40'34 "E
LEGEND
o Iron Pin Set
O Iron Pin Found
Reid Notes Prepared
311 No,: 10.30'1
Job 00.: 104.3-100
Deb: Jun., 2001
seal.: 1'- 100' - - 00,•14:
DWen.d 00.
a one 82: dri
Ch.ak.d 92:
.2108 tu•tin lane •108
Austin. T.:ee 78757
512- 454 -8805
DISTANCE I
53.19'
29.00'
AUSTIN SURVEYORS