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R-03-06-26-11A2 - 6/26/200305 (00088388.WPD;1) Sheets & Crossfield, P.C. ATTORNEYS AT LAW 309 Eas[ Main Sveer • Round Rock, TX 78664 -5246 phone 512- 255 -8877 • fax 512- 255 -8986 MEMORANDUM RECD - WI 0 7 2005 TO: Christine Martinez FROM: Stephan L. Sheet DATE: 7/6/05 RE: A.W. Grimes construction project South Round Rock Creek Partners, Ltd. /CRLP South Creek Drive LLC The purchase of this 0.07 acre parcel for the A.W. Grimes project was initially negotiated with the owner South Round Rock Creek Partners, Ltd.(SRRCP). A contract with SRRCP was approved by the council in resolution R- 03- 06- 26 -11A2 and was signed by the mayor on 6/26/03. The parent tract for this acquisition was improved with an apartment complex that was financed in part through a Department of Housing and Urban Development Loan. Because this federal entity was involved we had an extremely difficult time with their `red tape" in trying to obtain a partial release of their interest in order to clear the title for closing. We continued to negotiate with HUD and the lawyer for the owner for several months, but were not able to adequately clear title in order to close. Eventually we were contacted by the representative of SRRCP and told that the property was sold to a real estate investment trust group called CRLP South Creek Drive LLC. We then negotiated a new contract with CRLP under the identical terms as before, with only the name of the Grantor and some minor clarifications to the possession and use provisions changing. The purchase price and all other terms remained the same. Since the CRLP contract was for the same land, teens, and price as the SRRCP contract, I felt that the Mayor's authority under R- 03-06-26-11A2 was adequate to authorize him to sign the CRLP contract. RESOLUTION NO. R- 03 -06- 26 -11A2 WHEREAS, the City desires to purchase a 0.07 acre tract of land for additional right -of -way for the A.W. Grimes Blvd. Project, and WHEREAS, South Round Rock Creek Partners, the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with South Round Rock Creek Partners, 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, Government Code, as amended. RESOLVED this 26th day of June, 2003: ATTEST: CHRISTINE R. MARTINEZ, City Secr •FYD \::OOXA/ iron mx/ 0: /NDO% /RFSOWri /R10636A2.wpo /d Chapter 551, Texas L , your City o Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract ") is made by and between CRLP SOUTH CREEK DRIVE, L.L.C. ( "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, that certain parcel of land situated in Williamson County, Texas, being more particularly described as follows: Being a .07 acre tract of land located in the P.A. Holder Survey, Abstract No. 297, Williamson County, Texas, being a portion of Lot 2, Block A of the Amending Plat of Lots 2 and 3, Block A South Creek Section 19 as recorded in Cabinet R, Slide 70 of the Plat Records of Williamson County, Texas, same being a called 7.268 acre tract of land (Tract 1), described in the deed to South Round Rock Creek Partners, Ltd., recorded in document No. 199935099 Official Public Records of Williamson County, Texas, and said .07 acre being more fully described by metes and bounds in Exhibit "A" attached hereto. 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 C: Documents and Settings \wxa \Local Settings \Temporary Internet riles \OLC4 \SOVIImP -- contract for Ma (5 -19 -05 clean version) (00006119) (2) .130C /rmc ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of EIGHTY EIGHT THOUSAND and no /100 Dollars ($88,000.00). 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 (the "Title Company ") of to issue an updated preliminary title report (the "Title Commitment "). Purchaser shall give Seller written notice on or before the expiration of twenty (20) 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 twenty (20) days after receipt of written notice, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the Title Commitment. ARTICLE IV CLOSING The closing shall be held at the Title Company on or before July 1, 2005 or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). 2 C: nocumente end Settinge\e+8P \Local Settings \Temporary Internet Piles \ Out* \somenR -- contract for CKL7 I5 -19 -05 clean vereron) (00000748) (31.WC /zmc (i) 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: 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 4.02 At the Closing, Purchaser shall pay the purchase price in cash. 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: 1. Owner's Title Policy paid by Purchaser; 2. Filing fees for deed paid by Purchaser; 3. All fees required by Seller's lender to release Property by Purchaser. 3 C: \no e and Settings \ml0? \Lo Sett ge \Te vorexy 2. 2-21 ri1ee \0124 \9]oT}mx -- contract for C4L2 15 -19 -05 clean ver212 ( 2/ (31.000 /rmc 4. Attorney's fees paid by each respectively. 5. All other fees 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 Five Hundred and no /100 Dollars ($500.00), 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 (except as provided for in Section 9.01 below). 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 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 4 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 9.01. (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 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. 5 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, with the exception of Article IX, shall be effective as of the date it is approved by the City Council, which date is indicated beneath the Mayor's signature below. Article IX shall be effective upon the execution date of this Contract by Seller and Escrow Deposit by Purchaser, said date appearing below their respective signatures. Possession and Use Agreement (j) By signing this Contract, Seller agrees to allow Purchaser to use and possess the Property for the purpose of constructing and/or improving a public road and related facilities, upon full execution of this contract. Purchaser agrees to indemnify and hold Seller harmless for any injuries, damages, or any other claims or losses to third parties resulting from any acts or omissions of Purchaser, its employees, agents or assigns in carrying out the purposes of this possession and use agreement on the Property. This obligation shall survive the closing of this transaction, but is limited, however, only to such injuries, damages, or any other claims or losses arising from Purchaser's use of the Property prior to Closing. 6 SELLER: CRLP South Creek Drive, L.L.C. a Delaware limited liability company By: Colonial Realty Limited Partnership, a Delaware limited liability company Its: Sole Member 7 By: Colonial Properties Trust, an Alabama real estate investment trust Its: General Partner By: Its: �V L Dated: (r, �a� , 2005. PURCHASER: CITY OF'O Ci �"ax ell, Mayor ■ 221 E. Main Street Round Rock, Texas 78664 Dated: S , 2005 0.07 Acre Right -of -Way P.A. Holder Survey, Abstract No. 297 Williamson County, Texas EXHIBIT FN2179(RAB) May 21, 2001 SAM, Inc. Job No. 99105 -20 DESCRIPTION OF A 0.07 ACRE TRACT OF LAND LOCATED IN THE PA. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, BLOCK A OF THE AMENDING PLAT OF LOTS 2 AND 3, BLOCK A SOUTH CREEK SECTION 19 AS RECORDED IN CABINET R, SLIDE 70 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAME BEING A CALLED 7268 ACRE TRACT OF LAND (TRACT 1), DESCRIBED IN THE DEED TO SOUTH ROUND ROCK CREEK PARTNERS, LTD., RECORDED IN DOCUMENT NO 199935099 OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.07 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 112 -inch iron rod with a plastic cap found in the north line of a called 0.050 acre tract of and described in the Right-Of-Way (ROW) dedication deed recorded in Volume 1422, Page 455, of the Official Records of Williamson County, Texas, same being the south line of said Lot 2; THENCE with the common line of said 0.050 acre tract and said Lot 2 , S 88° 20' 39" W, a distance of 474.30 feet to a concrete monument set for the southeast comer of the tract described herein, and the POINT OF BEGINNING; THENCE with said common line, S 88 20' 39" W, a distance of 99.08 feet to a 12 -inch iron rod found for the southwest comer of the tract described herein; THENCE leaving said common line, and with the east line of a called 0.225 acre tract of land dedicated to the City of Round Rock by said Amending Plat, same being the west line of said Lot 2, N 02° 09' 52" W, a distance of 116.98 feet to a concrete monument set for the northwest comer of the tract described herein, from which a 1/2-inch iron rod found in said common line bears N 02° 09' 52" W, a distance of 139.05 feet; Page 1 of 3 0.07 Acre Right -of -Way • P.A. Holder Survey, Abstract No. 297 Williamson County, Texas THENCE leaving said common line and crossing said Lot 2 the following three (3) courses and distances: 1. S 16° 15' 01" E, a distance of 62.41 feet to a concrete monument set for an angle point 2. S 42° 04' 51" E, a distance of 54.51 feet to a concrete monument set for an angle point; 3. S 74° 33' 23" E, a distance of 51.32 feet to the POINT OF BEGINNING and containing 0.07 acre of land, more or less. Bearing Basis' Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS COUNTY OF TRAVIS That I, Keith A. Jimenez, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during May 2001 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 25 day of May, 2001 A. D. SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: Pare 2 of3 Keith A. Jimene Registered Prof :l Land Surveyor No. 4329 - State of Texas FN2179(RAB) May 21, 2001 SAM, Inc. Job No. 99105 -20 NOTES: N 1 MAY, 2001 P.& HOLDER SURVEY A -297 WILLIAMSON COUNTY, TEXAS SCALE r.50. 0 25 50 CITY OF ROUND ROCK CALLED 0.225 ACRE ARTERIAL B RIGHT -OF -WAY CABINET R, SLIDE 70 P.R.W.C.TX. RIGHT -OF -WAY DEDICATION / CALLED 0.050 ACRE // VOL. 1422 PAGE 455 \/ D.R.W.C.TX. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAO 83. CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIpEO BY DOUG ANDERSON, RPLS, SURVCON, BIG. DETAILS ARE NOT DRAWN TO SCALE. I HEREBY CERTIFY THAT TI-S SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION 3410 SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. KEITH A JIMENEZ REGISTERED PROF N0. 4329. STATE 11111 • 4029 Capital ofTexos Highway So. tirade Oaks PraleSsionalPta s. Suite 125 I NC. Austin, Texas 78704 SU50 10c.AFAw NAMWG•TNOVIEE010 (512) 447 Fax (512) 326 - 0029 s V2 ne 05/0 DATE AL EYOR OF�fEXAS P.A. HOLDER SURVEY A -297 N In 01 %7^IRF S8 1 20'39"W pay O_ 7 ACRES 3• f t 5151,32 • � S88 273 W 99,08 Qt. 6 GATTIS SCHOOL ROAD TRACT I SOUTH ROUND ROCK CREEK PARTNERS, LTD. CALLED 7.268 ACRES DOC. No 199935099 0- P.R.W.C.TX. LOT 2, BLOCK A AMENDING PLAT OF LOTS 2 AND 3, BLOCK A SOUTH CREEK SEC. 19 CABINET R, SLIDE 70 P.R.W.C.TX. RIGHT -OF -WAY PLAT SHOWING PROPERTY OF SOUTH ROUND ROCK CREEK PARTNERS, LTD. LEGEND 00 CONCRETE MONUMENT SET Q CALCULATED PC.5 O Ye NON 000 5E5 N/CAP On.E55 NOTED . VC RCN MO FOLNO IV/CAP MUM NOTED RECORD /FDRMATiCN ' x • PONT OF c0 c�N0 W NON ROD FOIND PI NON PIPE FOMO 0iA1.cr.. OFFICW. PUDUC RECORDS IRIUMSON COW17. TEXAS 0A1tt.. 0F7IEVL RECORDS RUM/SC. COMM'. TEES 1 MANX.. DEEP RECORDS Wl i1l5531 COUNTY, TEXAS PAGE 3 OF 3 REF. FIELD NOTE NO. 2179 I RESOLUTION NO. R- 03 -06- 26 -11A2 WHEREAS, the City desires to purchase a 0.07 acre tract of land for additional right -of -way for the A.W. Grimes Blvd. Project, and WHEREAS, South Round Rock Creek Partners, the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with South Round Rock Creek Partners, 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 26th day of June, 2003: ATTEST: Jilcuttoi CHRISTINE R. MARTINEZ, City Secr @ Peoeskc op\:: 0 w. u/ woxcrox/ 0: /WDOX /RESOwri /R30626A2.WPD /ac NYL City o y ayor Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT OF SALE ( "Contract ") is made by and between SOUTH ROUND ROCK CREEK PARTNERS, LTD. ( "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. o: Vwao.wonx,tranaprt\grimes some ,nw\ contract \000asen.weoi:mr REAL ESTATE CONTRACT RECITALS ARTICLE I PURCHASE AND SALE 1 EXHIBIT __A_ 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. By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, that certain parcel of land situated in Williamson County, Texas, being more particularly described as follows: Being a .07 acre tract of land located in the P.A. Holder Survey, Abstract No. 297, Williamson County, Texas, being a portion of Lot 2, Block A of the Amending Plat of Lots 2 and 3, Block A South Creek Section 19 as recorded in Cabinet R, Slide 70 of the Plat Records of Williamson County, Texas, same being a called 7.268 acre tract of land (Tract 1), described in the deed to South Round Rock Creek Partners, Ltd., recorded in document No. 199935099 Official Public Records of Williamson County, Texas, and said .07 acre being more fully described by metes and bounds in Exhibit "A" attached hereto. 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 EIGHTY EIGHT THOUSAND and no /100 Dollars ($88,000.00). 2.02. The Purchase Price shall be paid in cash at the closing. o: \vdox \cORR \[ransprt\g s\so «a«\000asa, Payment of Purchase Price 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 (the "Title Company ") of to issue an updated preliminary title report (the "Title Commitment "). Purchaser shall give Seller written notice on or before the expiration of twenty (20) 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 twenty (20) days after receipt of written notice, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be 2 forthwith returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the Title Commitment. ARTICLE IV CLOSING The closing shall be held at the Title Company on or before April 30, 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 3 4.02 in cash. 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: 1. Owner's Title Policy paid by Purchaser; 2. Filing fees for deed paid by Purchaser; 3. All fees required by Seller's lender to release Property by Seller. 4. Attorney's fees paid by each respectively. 5. All other fees 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 Five Hundred and no /100 Dollars ($500.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as 4 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 (except as provided for in Section 9.01 below). 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 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 and Use Agreement 5 9.01. Beginning 30 days after the Escrow Deposit, for the consideration to be paid by the City which is set forth in Paragraph 2.01 above, Seller, by executing this Contract, hereby grants, bargains, sells and conveys to the City possession and use of the Property for the purpose of, at Purchaser's sole cost, expense and risk, constructing a new roadway to be called A.W. Grimes Blvd. (the "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 of the Project to begin immediately and prior to the closing date if applicable. The purpose of this grant is to allow the City to proceed with its construction project without delay. This grant shall, however, automatically expire upon the expiration or sooner termination of this Contact. Furthermore, if for any reason Purchaser does not close the purchase of the Property, Purchaser will promptly restore the Property to the condition which existed prior to the entry by Purchaser under this section, such restoration obligations of Purchaser to expressly survive the expiration or termination hereof. 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 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 6 (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. 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, with the exception of Article IX, shall be effective as of the date it is approved by the City Council, which 7 date is indicated beneath the Mayor's signature below. Article IX shall be effective upon the execution date of this Contract by Seller and Escrow Deposit by Purchaser, said date appearing below their respective signatures. SELLER: South Round Rock Creek Partners, Ltd. By: Date: PURCHASER: CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor 221 E. Main Street Round Rock, Texas 78664 Date: , 2003 8 0.07 Acre Right -of -Way P.A. Holder Survey, Abstract No. 297 Williamson County, Texas DESCRIPTION OF A 0.07 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, BLOCK A OF THE AMENDING PLAT OF LOTS 2 AND 3, BLOCK A SOUTH CREEK SECTION 19 AS RECORDED IN CABINET R, SLIDE 70 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAME BEING A CALLED 7 268 ACRE TRACT OF LAND (TRACT I), DESCRIBED IN THE DEED TO SOUTH ROUND ROCK CREEK PARTNERS, LTD., RECORDED IN DOCUMENT NO 199935099 OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.07 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod with a plastic cap found in the north line of a called 0.050 acre tract of land described in the Right -Of -Way (ROW) dedication deed recorded in Volume 1422, Page 455, of the Official Records of Williamson County, Texas, same being the south line of said Lot 2; THENCE with the common line of said 0.050 acre tract and said Lot 2 , S 88° 20' 39" W, a distance of 474.30 feet to a concrete monument set for the southeast corner of the tract described herein, and the POINT OF BEGINNING; THENCE with said common line, S 88° 20' 39" W, a distance of 99.08 feet to a 1/2 -inch iron rod found for the southwest comer of the tract described herein; THENCE leaving said common line, and with the east line of a called 0.225 acre tract of land dedicated to the City of Round Rock by said Amending Plat, same being the west line of said Lot 2, N 02° 09' 52" W, a distance of 116.98 feet to a concrete monument set for the northwest corner of the tract described herein, from which a 1/2 -inch iron rod found in said common line bears N 02° 09' 52" W, a distance of 139.05 feet; Page 1 of 3 FN2179(RAB) May 21, 2001 SAM, Inc. Job No. 99105 -20 0.07 Acre Right -of -Way FN2179(RAB) P.A. Holder Survey, Abstract No. 297 May 21, 2001 Williamson County, Texas SAM, Inc. Job No. 99105 -20 THENCE leaving said common line and crossing said Lot 2 the following three (3) courses and distances: 1. S 16° 15' 01" E, a distance of 62.41 feet to a concrete monument set for an angle point; 2. S 42° 04' 51" E, a distance of 54.51 feet to a concrete monument set for an angle point; 3. S 74° 33' 23" E, a distance of 51.32 feet to the POINT OF BEGINNING and containing 0.07 acre of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS COUNTY OF TRAVIS SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: That I, Keith A. Jimenez, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during May 2001 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 25`" day of May, 2001 A. D. Page 2 of 3 Keith A. Jimene Registered Prof .nal Land Surveyor No. 4329 - State of Texas �.Q KEI A. JIMENEZ REGISTERED PROF NO. 4329, STATE 0 i i MAY. 2001 P.A. HOLDER SURVEY A -297 WILLIAMSON COUNTY. TEXAS SCALE 1.50' 0 25 50 CITY OF ROUND ROCK CALLED 0.225 ACRE ARTERIAL 8 RIGHT-OF -WAY CABINET R, SLIDE 70 P.R.W.C.TX. RIGHT -OF -WAY DEDICATION / CALLED 0.050 ACRE / VOL. 1422 PAGE 455 \/ O.R.W.C.TX. / NOTES: BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 83, CENTRAL ZONE N40 ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC. DETAILS ARE NOT DRAWN TO SCALE. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. s SURVETING•AERW MAPPING•ENGINEERING - AL LANE E Y O R S /2SO DATE EXAS 4029 Capital 01 Texas Highway, So, Brodie Oaks Professional Plaza, Suite 125 INC. Austin, Texas 76704 (512) 447-0575 Fax (512) 326 -3029 P.A. HOLDER SURVEY A -297 to 01 0 N z WIRF S88' 20'39"W 99.08' GATTIS SCHOOL ROAD TRACT I SOUTH ROUND ROCK CREEK PARTNERS, LTD. CALLED 7.268 ACRES DOC. No. 199935099 0.P.R.W.C.TX. LOT 2, BLOCK A AMENDING PLAT OF LOTS 2 AND 3, BLOCK A SOUTH CREEK SEC. 19 CABINET R, SLIDE 70 P.R.W.C.TX. ��. X 0.07 ACRES ms RIGHT -OF -WAY PLAT SHOWING PROPERTY OF SOUTH ROUND ROCK CREEK PARTNERS, LTD. SB8'20 • 4 74.30' O O - LEGEND o❑ CONCRETE MONUMENT SET a CILCUATEO PONT O K NON NOD SET M /CM MESS MOTTO • 5 RON ROD FOUIO W /CM UMES NOTED 1 RECORD KORI/ATXN P.O.E. POW OF DEpAPNG PqL PONT OF CONIENCNG 0 NON ROD FOUR, Pi RON PPE FOND 1,01 O.C.TC OWN- 4511[ RECORDS WLLIAM E R COUNTY. TEXAS DANZ.. CF0ICW. RECORDS WILLMYSON COURTS. TEXAS PxrAT.. PLAT RECORDS WI-LW/SON COUNTY. TEXAS Ox1L0. DEED RECORDS 11.1006041 COUNTY, TEXAS PAGE 3 OF 3 REF. FIELD NOTE NO. 2179 1 Date: June 20, 2003 Subject: City Council Meeting - June 26, 2003 Item: *11.A.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with South Round Rock Creek Partners for the purchase of right -of- way for the A.W. Grimes Boulevard project. Resource: Steve Sheets, City Attorney Julie Wolff, Legal Department History: This contract with South Round Rock Creek Partners is for right of way acquisition for the A.W. Grimes project. Funding: Cost: $88,000.00 Source of Funds: N/A Impact /Benefit: Improved mobility in Round Rock Sponsor: N/A THE STATE OF TEXAS COUNTY OF WILLIAMSON REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract ") is made by and between SOUTH ROUND ROCK CREEK PARTNERS, LTD. ( "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, that certain parcel of land situated in Williamson County, Texas, being more particularly described as follows: Being a .07 acre tract of land located in the P.A. Holder Survey, Abstract No. 297, Williamson County, Texas, being a portion of Lot 2, Block A of the Amending Plat of Lots 2 and 3, Block A South Creek Section 19 as recorded in Cabinet R, Slide 70 of the Plat Records of Williamson County, Texas, same being a called 7.268 acre tract of land (Tract 1), described in the deed to South Round Rock Creek Partners, Ltd., recorded in document No. 199935099 Official Public Records of Williamson County, Texas, and said .07 acre being more fully described by metes and bounds in Exhibit "A" attached hereto. 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. R- 03 010 - II10_) C - \Documents ]h and Settings \11s- CDHENDESSON \WCa1 Settings \Temporary Internet Files \00x3 \S003000 - -Aeel estate contract v. 1 (3- 12 -03) (00345002).0OC/zmc ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of EIGHTY EIGHT THOUSAND and no /100 Dollars ($88,000.00). 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 (the "Title Company ") of to issue an updated preliminary title report (the "Title Commitment "). Purchaser shall give Seller written notice on or before the expiration of twenty (20) 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 twenty (20) 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 0: \00c=enta ,,d S etci gs \3h11r. CDNENDERSON \Local Settrn \Temporary incernec Filea \OLK3 \SOUTXPR- -Real eatzte contracc v. 1 13 -12 -031 000458821.D0C Irmo ARTICLE IV CLOSING The closing shall be held at the Title Company on or before August 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 in cash. (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 3 C : olac,men[s ena s ett> gs \ihil.. c0Hf.msomLO,a 1 sect l,ps,emyorary 3nternec Filea \0LK3 \SOUTRxx - -xeal es Cate contract v. 1 13- 12 -03) (00045002) .00C /1me 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: 1. Owner's Title Policy paid by Purchaser; 2. Filing fees for deed paid by Purchaser; 3. All fees required by Seller's lender to release Property by Seller. 4. Attorney's fees paid by each respectively. 5. All other fees 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 Five Hundred and no /100 Dollars ($500.00), 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 4 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 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 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 and Use Agreement 9.01. Beginning 30 days after the Escrow Deposit, for the consideration to be paid by the City which is set forth in Paragraph 2.01 above, Seller, by executing this Contract, hereby grants, bargains, sells and conveys to the City possession and use of the Property for the purpose of, at Purchaser's sole cost, expense and risk, constructing a new roadway to be called A.W. Grimes Blvd. (the "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 of the Project to begin immediately and prior to the closing date if applicable. The purpose of this grant is to allow the City to proceed with its construction project without delay. This grant shall, however, automatically expire upon the expiration or sooner 5 termination of this Contact. Furthermore, if for any reason Purchaser does not close the purchase of the Property, Purchaser will promptly restore the Property to the condition which existed prior to the entry by Purchaser under this section, such restoration obligations of Purchaser to expressly survive the expiration or termination hereof. 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 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 6 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, with the exception of Article IX, shall be effective as of the date it is approved by the City Council, which date is indicated beneath the Mayor's signature below. Article IX shall be effective upon the execution date of this Contract by Seller and Escrow Deposit by Purchaser, said date appearing below their respective signatures. SELLER: South Round Rock Creek Partners, Ltd. A f ~ y Date: C Jvn.c• /7 , a3 B 7 PURCHASER: CITY OF OD •o By: /`a �✓ � , 00P r a e 1, Mayor 221 E. Main Street Round Rock, Texas 78664 Date: (O_� , 2003 8 U1 /:fU /ZUUZ U'Y:U 14:U0 rAd Jti.bT1'S & UKUJJt`1iLU F.U. s 0.07 Acre Right- of-Way FN2179(RAB) P.A. Holder Survey, Abstract No. 297 May 21, 2001 Williamson County, Texas SAM, Inc. Job No. 99105 -20 DESCRIPTION OF A 0.07 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, WTTI.IAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, BLOCK A OF THE AMENDING PLAT OF LOTS 2 AND 3, BLOCK A SOUTI CREEK SECTION 19 AS RECORDED IN CABINET R, SLIDE 70 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAME BEING A CALLED 7.268 ACRE TRACT OF LAND (TRACT 1), DESCRIBED IN THE DEED TO SOUTH ROUND ROCK CREEK PARTNERS, LTD.. RECORDED TN DOCUMENT NO 199935099 OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.07 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod with a plastic cap found in the north line of a called 0.050 acre tract eland described in the Right-Of-Way (ROW) dedication deed recorded In Volume 1422, Page 455, of the Official Records of Williamson County, Texas, same being the south line of said Lot 2; THENCE with the common line of said 0.050 acre tract and said Lot 2 , S 88° 20' 39" W, a distance of 474.30 feet to a concrete monument set for the southeast corner of the tract described herein, and the POINT OF BEGINNING; THENCE with said common line S 88 20' 39" W, a distance of 99.08 feet to a 1/2 -Inch iron rod found for the southwest comer of the tract described herein THENCE leaving said common line, and with the east line of a called 0.225 acre tract of land dedicated to the City of Round Rock by said Amending Plat, same being the west line of said Lot 2, N 02° 09' 52" W, a distance of 110_98 feet to a concrete monument set for the northwest corner of the tract described herein, from which a 1/2 -itch iron rod found in said common line bears N 02° 09' 52" W, a distance of 139.05 feet; Page 1 of 3 C UUZ /U15 Vl /JU /LVVL nom lo:vo rad onnnao & '.nVJArLL111 r.a.. 0.07 Acre Right -of -Way P.A. Holder Survey, Abstract No. 297 Williamson County, Texas THENCE leaving said common Tine and crossing said Lot 2 the following three (3) courses and distances_ L S 16° 15' 01" E, a distance of 62.41 feet to a concrete monument set for an angle point; 2. S 42° 04' 51" E, a distance of 54.51 foot to a concrete monument set for an angle point 3. S 74° 33' 23" E, a distance of 51.32 feet to the POINT OR BEGINNING and containing 0.07 acre of land, more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of' 1.00012. As provided by Doug Anderson, RPLS, Survcon, inc. THE STATE OF TEXAS COUNTY OF TRAVIS § SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: FN2179(RAB) May 21, 2001 SAM, Inc. Job No. 99105 -20 That I, Keith A. Jimenez, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on thc ground during May 2001 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 25 day of May, 2001 A. D. •kj 0 F r . KWH A. JIMENEZ r 4329 ... , ... 7 .... V SUft Page 2 of 3 Keith A..1 intene Registered al Land Surveyor No. 4329 - State of Texas 'ss uuu /ula ul /:1u /ZUU2 Wbu 1J:uo rAd anrLI 0 wiubarliLU r.'.. NOTES: a KEI A. JIMENEZ REGISTERED PROF NO. 4329. STATE 0 I MAY 2001 P.A. HOLDER ! SURVEY A -297 WILLIAMSON COUNTY. TEXAS SCALE 1"•50' 0 25 50 CITY OF ROUND ROCK CALLED 0.225 ACRE ARTERIAL B RIGHT -OF -WAY CABINET R, SLIDE 70 P.R.W.C.TX. RIGHT -OF -WAY DEDICATION / CALLED 0.050 ACRE VOL. 1422 PAGE 455 \/' O.R.W.C.TX. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE C00ROINATE SYSTEM. NA() 03, CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON, RPLS, SURVCON. INC. DETAILS ARE NOT DRAWN TO SCALE. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT 15 TRUE AND CORRECT TO THE BEST OF MY KNOWLEOG BELIEF. 5/2 5/0 / !!DATE AL LAADLIB4EYOR EXAS P.A. HOLDER SURVEY A -297 N 11 S88 20'39 "W 99.08' GATTIS SCHOOL ROAD TRACT I SOUTH ROUND ROCK CREEK PARTNERS, LTD. CALLED 7.268 ACRES DOC. No. 199935099 0.P.R_W.C.TX. LOT 2, BLOCK A AMENDING PLAT OF LOTS 2 AND 3, 8LOCK A SOUTH CREEK SEC. 19 CABINET R, SLIDE 70 P.R.W.C.TX. / 0.07 ACRES 4. �!y ( `‘S74. 0110 2039'w A�O' O ,e • 4020 CsAINI HlghwOy,80. RIGHT -OF -WAY PLAT smene Oaks !1111 Austin, Tema Professional 8704 PIara.SlAr® 1P5 SHOWING PROPERTY OF (512)447-0575 SOUTH ROUND ROCK CREEK Fax (51M 325-3029 PARTNERS, LTD. LEGEND 1 I CONCRETE MOIADIENT SET CALWLATEO POINT O h" MOM 000 SET W/CAP MLESS NOTED • W' PON ROD FOUND WICAP UNLESS NOTED pp R�EO�POKORYAVON . DOFF Ad. PONT OF �DL.�EHCDIO IS O PON ROD rOUN OP0..0.0 F0o. qR: RECORDS WIUWSON OL..A.TT. 0( RECORDS WLLNIEMIN COUNTY, TEXAS ...AMR. PLAT RECORDS WLLMLMDN COUNTY. TEXAS ITAP.Ml,i. DEED RECORDS RUMISON COUNTY. TEXAS '06 UU4/ Ula PAGE 3 OF 3 REF. FIELD NOTE NO. 2179