Loading...
R-03-06-12-10A2 - 6/12/2003THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT OF SALE ( "Contract ") is made by and between JACK A. EWING, JR., and wife MARGARET EWING (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. REAL ESTATE 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 parcel of land situated in Williamson County, Texas, being more particularly described as follows: 0.246 of an acre of land situated in the Robert McNutt Survey, Abstract No. 422, in Williamson County, Texas, being a portion of Lot 1 of "Wildwood Country ", A subdivision according to the plat thereof recorded in Cabinet D, Slide 58 of the plat records of said county, and 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. 1.02 Purchaser and Seller agree that within 90 days of the Closing Date, Seller shall conclude all of the necessary remedial measures to their septic drainage system. Purchaser and Seller further agree that Seller has the right to remove and retain the following improvements and /or items of personal property located on the Property within the same period of 90 days: any chain link fencing, gates and posts; the eight sprinkler heads; the dog run and dog houses; the landscape rocks that edge the flowerbed; and all 1 other personal property temporarily stacked or stored on the Property. 1.03 Purchaser agrees to remove the concrete driveway and the concrete used as the base for the dog run, as well as all remaining fencing material located on the Property within 30 days following the expiration of the 90 day period described in 1.02 above. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of One Hundred Thirty -Two Thousand Two Hundred Seventy -Four and 00 /100 Dollars ($132,274.00). As additional compensation Purchaser shall pay the sum of Two Thousand Nine Hundred and 00 /100 Dollars ($2,900.00) as compensation for the reconstruction of the "Wildwood" subdivision monument sign which is upon the Property. 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 Georgetown Title Company, Inc.(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 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. 2 4.02 in cash. ARTICLE IV CLOSING The closing shall be held at the Title Company on or before July 31, 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 (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 4 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 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 MISCELLANEOUS Assignment of Contract (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. 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 5 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. (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. 12- 03- 06 ---a ofiz Effective Date SE LER: ACK A. EWIN6 /� A�441 /i 6 MARGAR EWING Date: /772 02 PURCHASER: CITY 0 By: w���� N , Mayor 221 wain Street Round Roc Texas 78664 60 Date: -/ - , 2003 6 DESCRIPTION EXHIBIT A FOR A 0.246 ACRE (10,697.80 SQUARE FEET) TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1 OF "WILDWOOD COUNTRY" A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET D SLIDE 58 OF THE PLAT RECORDS OF SAID COUNTY, SAID 0.246 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron rod set on a point in the north boundary line of said Lot 1, same being the south boundary line of Lot 29 Block A of "Oak Bluff Estates" a subdivision according to the Plat thereof recorded in Cabinet F Slide 125 of the Plat Records of said County, being the POINT OF BEGINNING hereof, and from which an iron rod found bears S89 ° 40'30 "E a distance of 154.82 -feet; THENCE departing the south boundary line of said Lot 29, through the interior of said Lot 1 the following (2) two courses and distances: 1) SOI ° 04'01'E for a distance of 204.52 -feet to a point of curvature hereof; 2) with the arc of a curve to the left, having a radius of 20.00 -feet, a central angle of 91 ° 00'53 ", a arc length of 31.77 -feet and a chord which bears S46 ° 34'27"E for a distance of 28.53 -feet to an iron rod set on a point in the south boundary line of said Lot 1, same being the north right-of-way line of Country Drive (50 -feet in right -of -way width), and from which an iron rod found on a point being a point of curvature in the south boundary line of said Lot 1 same being a point of curvature in the north right -of -way line of said Country Drive bears S87 ° 55'06 "E a distance of 103.68 -feet: THENCE with the south boundary line of said Lot 1, same being the north right -of -way line of said Country Drive, S87 ° 55'06 "W for a distance of 67.17 -feet to a point being the most southwest corner of said Lot 1, same being the intersecting point of the easterly right -of -way line of C.R. 122 (C.R. 122) and the north right -of -way line of Country Drive hereof; THENCE with the west boundary line of said Lot 1, same being the easterly right -of -way line of said C.R. 122, N01 ° 09'00 "W (Bearing Basis/Directional Control Line) for a distance of 226.85 -feet to a point being the most northwest corner of said Lot 1, same being an angle point in the easterly right -of -way Tine of said C.R 122 hereof; THENCE continuing in part with the easterly right -of -way line of said C.R. 122 and in part with the south boundary line of said Lot 29, same being the north boundary line of said Lot 1, S89 for a distance of 20.00 -feet pass an iron rod found on a point being the most southwest corner of said Lot 29, continuing for a total distance of 47.15 -feet to the POINT OF BEGINNING hereof and containing 0.246 acre of land. Surveyed under the direct supervision of the undersigned: Donald J. Kirby Registered Profession Land Surveyor No. 2508 Baker Aicklen & Assoc. 203 E. Main St. Ste. 201 Round Rock, Tx. 78664 122wcu.DOc 10' ROAD EASEMENT LEGEND SKETCH TO ACCOMPANY DESCRIPTION 0,1 • IRF IRON ROD FOUND o IRS IRON ROD SET ( ) - RECORD INFORMATION P.O.B. POINT OF BEGINNING CURVE DATA 67.17' S87 0,4 i TA TES P.O.B. (S89 202.0) 0.00 e• S89°4030"E 154.82' St9 4 7.15' SUBJECT TRACT 0.246 AC. 1/0697.80 SO. FT 0 t 1 ILL? VC (.. CO:Es/TRY CAB. D SI_ 53 .4444 WILDWOOD COUNTRY CAB. D SL. 58 LOT I NUMBER ci DELTA ANGLE 91 CHORD DIRECTION S 46 E RADIUS 20.00 ARC LENGTH 3L77 CHORD LENGTH 28.53 SCALE: 1 "=50' L 0 T - - , 0 112F 10' ROAD EASEMENT PER PLAT ry: 0, S67°5506'E 103.66 IRF IRS (SS 7°51"W 170.84') COUNTRY DRIVE (50' ROW) EXHIBIT "A" DATE: 4-2000 JOB No.; 601-758-10 File: BY: BKS ILA1 Baker-Alcklen & Associates, Inc. Englneers/Surveyors RESOLUTION NO. R- 03- 06- 12 -10A2 WHEREAS, the City desires to purchase a 0.246 acre tract of land for additional right -of -way for the CR 122 Project, and WHEREAS, Jack and Margaret Ewing, 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 Jack and Margaret Ewing, 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 12th day of June, 20 AT CHRISTINE R. MARTINEZ, City Secretar, @PFDesktop \::OOMA /WORLDOX /O: / WOOX /RRSOLWTI /R30612A2 .WPO /r20228f1 /sc ELL, Mayor of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract ") is made by and between JACK A. EWING, JR., and wife MARGARET EWING (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 parcel of land situated in Williamson County, Texas, being more particularly described as follows: 0.246 of an acre of land situated in the Robert McNutt Survey, Abstract No. 422, in Williamson County, Texas, being a portion of Lot 1 of "Wildwood Country ", A subdivision according to the plat thereof recorded in Cabinet D, Slide 58 of the plat records of said county, and 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. 1.02 Purchaser and Seller agree that within 90 days of the Closing Date, Seller shall conclude all of the necessary remedial measures to their septic drainage system. Purchaser and Seller further agree that Seller has the right to remove and retain the following improvements and /or items of personal property located on the Property within the same period of 90 days: any chain link fencing, gates and posts; the eight sprinkler heads; the dog run and dog houses; the landscape rocks that ed•e the flowerbed; and all EXHIBIT do.woaa,«.n. zero.,,, ,,,,,l..,05o,0,Aa.aeo 1 "An 1 other personal property temporarily stacked or stored on the Property. 1.03 Purchaser agrees to remove the concrete driveway and the concrete used as the base for the dog run, as well as all remaining fencing material located on the Property within 30 days following the expiration of the 90 day period described in 1.02 above. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of One Hundred Thirty -Two Thousand Two Hundred Seventy -Four and 00 /100 Dollars ($132,274.00). As additional compensation Purchaser shall pay the sum of Two Thousand Nine Hundred and 00 /100 Dollars ($2,900.00) as compensation for the reconstruction of the "Wildwood" subdivision monument sign which is upon the Property. 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 Georgetown Title Company, Inc.(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 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. 2 The closing shall be held at the Title Company on or before July 31, 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 "). 4.02 in cash. ARTICLE IV CLOSING 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 4 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 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 MISCELLANEOUS Assignment of Contract (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. 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 5 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. SE LER: Al ACK A. EWIN • MARGAR EWING � Date: 5 - 7/.z PURCHASER: CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor 221 E. Main Street Round Rock, Texas 78664 Date: , 2003 6 DESCRIPTION EXHIBIT FOR A 0.246 ACRE (10,697.80 SQUARE FEET) TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1 OF "WILDWOOD COUNTRY" A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET D SLIDE 58 OF THE PLAT RECORDS OF SAID COUNTY, SAID 0.246 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron rod set on a point in the north boundary line of said Lot 1, same being the south boundary line of Lot 29 Block A of "Oak Bluff Estates" a subdivision according to the Plat thereof recorded in Cabinet F Slide 125 of the Plat Records of said County, being the POINT OF BEGINNING hereof, and from which an iron rod found bears S89 ° 40'30 "E a distance of 154.82 -feet; THENCE departing the south boundary line of said Lot 29, through the interior of said Lot 1 the following (2) two courses and distances: 1) S01 "E for a distance of 204.52 -feet to a point of curvature hereof 2) with the are of a curve to the left, having a radius of 20.00 -feet, a central angle of 91 ° 00'53 ", a are length of 31.77 -feet and a chord which bears S46 ° 34'2T'E fora distance of 28.53 -feet to an iron rod set on a point in the south boundary line of said Lot 1, same being the north right -of -way line of Country Drive (50 -feet in right -of -way width), and from which an iron rod found on a point being a point of curvature in the south boundary line of said Lot 1 same being a point of curvature in the north right -of -way line of said Country Drive bears S87 "E a distance of 103.68 -feet: THENCE with the south boundary line of said Lot 1, same being the north right -of -way line of said. Country Drive, S87 ° 55'06 "W for a distance of 67.17 -feet to a point being the most southwest corner of said Lot 1, same being the intersecting point of the easterly right -of -way line of C.R. 122 (C.R. 122) and the north right -of -way line of Country Drive hereof THENCE with the west boundary line of said Lot 1, same being the easterly right -of -way line of said C.R. 122, NO1 ° 09'00 "W (Bearing Basis/Directional Control Line) for a distance of 226.85 -feet to a point being the most northwest corner of said Lot 1, same being an angle point in the easterly right -of -way line of said C.R. 122 hereof; THENCE continuing in part with the easterly right -of -way line of said C.R. 122 and in part with the south boundary line of said Lot 29, same being the north boundary line of said Lot 1, S89 ° 40'30 "E for a distance of 20.00 -feet pass an iron rod found on a point being the most southwest comer of said Lot 29, continuing for a total distance of 47.15 -feet to the POINT OF BEGINNING hereof and containing 0.246 acre of land. Surveyed under the direct supervision of the undersigned: Donald J. Kirby Registered Profession 1 Land Surveyor No. 2508 Baker Aicklen & Assoc. 203 E. Main St. Ste. 201 Round Rock, Tx. 78664 r22wcu.DOC Etu 10' ROAD EASEMENT LOT L 0 T LEGEND SKETCH TO ACCOMPANY DESCRIPTION • IRF IRON ROD FOUND o IRS - IRON ROD SET ( ) RECORD INFORMATION P.O.B. POINT OF BEGINNING CURVE DATA S89 47.15' IRS 67.17' S87°55'06"W UFF ES TA TES P.O.B. (589 202.0') 6o70 A.— 589°40'30E 154.02' IRS SUBJECT TRACT 0.246 AC. 0,697.80 SO. FT WILDWOOD COUNTRY CAB. D SL. 58 0 LOT 10' ROAD EASEMENT PER PLAT • , ,(•"" 587 "" IRS (587 170.04) COUNTRY DRIVE (50' ROW) Vi0 OD CC:UN TI: CAB. :56 NUMBER CI DELTA ANGLE 91 CHORD DIRECTION S 46 E RADIUS 20.00 ARC LENGTH .31.77 CHORD LENGTH 28.53 r-N I ■■• 103.68' D,IRF SCALE: r =50' 0 T 21; EXHIBIT "A" DATE: 4-2000 JOB No.: 601-758-10 File: BY: BKS aid Baker-Alcklen & Associates, Inc. Engtneers/Surveyors SUMMARY OF FACTS EWING ACQUISITION Proiect: CR 122 Property Owner of Record: Jack and Margaret Ewing Location of Property 2 County Drive (Red Bud Lane) Property Interest Sought: Fee Simple Property To be Acquired: 0.246 (10,697 ft.) acre out of 1.020 acres total (Partial Taking) Appraised Value (City): $132,274 Date: October 5, 2001 Appraised Value (Owner): Special Commissioners' Award Proposed Settlement/Contract Amount: Other Salient Facts None None 1. Ewings are represented by Doug Comwell in this case. $132,274 for part taken and damages to remainder, plus $2,900 for replacement of subdivision sign in acquisition area. 2. As part of contract Ewings will be allowed 90 days after closing to remove any improvements in the acquisition area, and reconfigure their property affected by the acquisition. The acquisition will take off a large portion of their driveway, septic system and other improvements. <ayrOesk, c ODMAWOanowodwoowconwrt& NSPRT/CRI22ROW /[WNG/OTUEnroa000SJ2,1%9D/l DATE: June 6, 2003 SUBJECT: City Council Meeting — June 12, 2003 ITEM: *10.A.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Jack and Margaret Ewing for the purchase of right -of -way for the CR 122 Project. Resource: Steve Sheets, City Attorney Don Childs, Attorney History: This contract with Mr. and Mrs. Ewing is for right -of -way acquisition for the CR 122 project. Funding: Cost: $135,174 Source of funds: N/A Outside Resources: N/A Impact: N/A Benefit: Improved mobility on CR 122 Public Comment: N/A Sponsor: N/A