R-03-07-24-11D1 - 7/24/2003RESOLUTION NO. R- 03- 07- 24 -11D1
WHEREAS, the City desires to purchase a 0.01 acre tract of land
for additional right -of -way for the Gattis School Road Project, and
WHEREAS, Linda Susan Stephens, 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 Linda Susan Stephens,
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 24th day of July, 2003.
ST:
,e•�l�l�vYIVOY_
ary
CHRISTINE R. MARTINEZ, City Secr6
ePFDeaktop \::OIXM /WORLDOX /O: /W00% /RESOLUTI /R30)24O1.WPD /,C
W L, Mayor
Round Rock, Texas
State of Texas
County of Williamson
REAL ESTATE CONTRACT
THIS REAL ESTATE CONTRACT ( "Contract ") is made by and between
LINDA SUSAN STEPHENS, (referred to in this Contract as "Seller ",
whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to
in this Contract as "Purchaser "), upon the terms and conditions set
forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and
Purchaser purchases and agrees to pay for, the tract(s) of land
described as follows:
.01 acre more or less, situated in the Asa Thomas Survey, Abstract
No. 609, Williamson County, Texas, being a portion of Lot 2, Block A,
Windy Park Section One Revised, a subdivision of record in Cabinet H,
Slide 273 of the Plat Records of Williamson County, Texas, more fully
described by metes and bounds 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 "), and any improvements and
fixtures 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
TEN THOUSAND and no /100 Dollars ($10,000.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the
closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
OPFDesktop\:: OOHA/ WORLDOA/ O:/ NUOX/ CORR/lRANSPRT /GATTIS /STEPHENS /R T /00051m62.WPO /s1s
EXHIBIT
"A"
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the
transactions 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 twenty (20) days after the date hereof, Seller,
at Purchaser's sole cost and expense, shall have caused the Austin
Title Company ( "Title Company ") to issue a preliminary title report
(the "Title Commitment ") accompanied by copies of all recorded
documents relating to easements, rights -of -way, etc., affecting the
Property. In the event that title to the property is not
satisfactory to Purchaser, Seller shall promptly undertake to
eliminate or modify all unacceptable matters to the reasonable
satisfaction of Purchaser, or shall provide Purchaser with any
assistance reasonably requested as necessary to eliminate or modify
such matters. In the event Seller is unable to do so within thirty
(30) days after receipt of notice, Purchaser may terminate this
Contract and it shall thereupon be null and void for all purposes
and the Escrow Deposit shall be forthwith returned by the title
company to Purchaser, as provided in Article VII. Purchaser's
failure to give Seller this notice shall not be deemed to be
Purchaser's acceptance of the Title Commitment.
Survey
3.03. Within ten (10) days from the date hereof, Purchaser, at
Purchaser's sole cost and expense, shall cause to be delivered a
current plat of survey of the Property, prepared by a duly licensed
Texas land surveyor. The survey shall be staked on the ground, and
the plat shall show the location of all improvements, highways,
streets, roads, railroads, rivers, creeks, or other water courses,
fences, easements, and rights -of -way on or adjacent to the Property,
if any, and shall contain the surveyor's certification that there
are no encroachments on the Property and shall set forth the number
of total acres comprising the Property, together with a metes and
bounds description thereof.
If any portion of the survey is unacceptable to Purchaser, then
Purchaser shall give Seller written notice of this fact. Seller
shall promptly undertake to eliminate or modify all the unacceptable
portions to the reasonable satisfaction of Purchaser. In the event
Seller is unable to do so within ten (10) days after receipt of
written notice, Purchaser may terminate this Contract, and the
Contract shall thereupon be null and void for all purposes and the
Escrow Deposit shall be returned by the title company to Purchaser,
as provided in Article VII. Purchaser's failure to give Seller this
2
written notice shall not be deemed to be Purchaser's acceptance of
the survey.
Miscellaneous Conditions
3.04. Seller shall have performed, observed, and complied with
all of the covenants, agreements, and conditions required by this
Contract to be performed, observed, and complied with by Seller
prior to or as of the closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
Seller hereby represents and warrants to Purchaser as follows,
which representations and warranties shall be deemed made by Seller
to Purchaser also as of the closing date, to the best of Seller's
knowledge:
(1) There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers;
(2) Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof;
(3) The Property herein is being conveyed to Purchaser under
threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the office of Austin Title,
Round Rock office, on or before August 15, 2003, or at such time,
date, and place as Seller and Purchaser may agree upon, or within
10 days after the completion of any title curative matters if
necessary for items as shown on the Title Commitment (which date is
herein referred to as the "closing date ").
Seller's Obligations at Closing
5.02. At the closing Seller shall:
(1) Deliver to Purchaser a duly executed and acknowledged
Warranty Deed conveying good and marketable title in fee simple to
3
all of the Property, free and clear of any and all liens,
encumbrances, conditions, easements, assessments, and restrictions,
except for the following:
(a) General real estate taxes for the year of closing
and subsequent years not yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to
Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
(2) Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by Austin Title, 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 herein, 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, provided,
however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be
endorsed "None of Record;" and
(c) The exception as to the lien for taxes shall be
limited to the year of closing and shall be endorsed
"Not Yet Due and Payable."
(d) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the cash portion of
the purchase price.
Prorations
5.04. 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 shall be paid
by Seller. Agricultural roll -back taxes, if any, shall be paid by
Purchaser.
4
Closing Costs
5.05. 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 and survey to be paid by Purchaser.
(2) Deed, tax certificates, and title curative matters, if
any, paid by Purchaser.
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
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 Austin Title the sum of Five Hundred 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
IX hereof. At the closing, the Escrow Deposit shall be paid over to
Seller and applied to the cash portion of the purchase price,
provided, however, that in the event the Purchaser shall have given
written notice to the title company that one or more of the
conditions to its obligations set forth in Article III have not been
met, or, in the opinion of Purchaser, cannot be satisfied, in the
manner and as provided for in Article III, then the Escrow Deposit
shall be forthwith returned by the title company to Purchaser.
ARTICLE VII
BREACH BY SELLER
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: (1) enforce specific performance of this Contract;
or (2) request that the Escrow Deposit shall be forthwith returned
by the title company to Purchaser.
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
5
and Seller not being in default hereunder, Seller shall have the
right to 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
Notice
9.01. 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
9.02. 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
9.03. 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
9.04. 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
9.05. 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.
6
Time of Essence
9.06. Time is of the essence in this Contract.
Gender
9.07. Words of any gender used in this Contract shall be held
and construed to include any other gender, and words in the singular
number shall be held to include the plural, and vice versa, unless
the context requires otherwise.
Memorandum of Contract
9.08. Upon request of either party, both parties shall promptly
execute a memorandum of this Contract suitable for filing of record.
Compliance
9.09 In accordance with the requirements of Section 20 of the
Texas Real Estate License Act, Purchaser is hereby advised that it
should be furnished with or obtain a policy of title insurance or
Purchaser should have the abstract covering the Property examined
by an attorney of Purchaser's own selection.
Effective Date
9.10 This Contract shall be effective as of the date it is
approved by the Round Rock City Council, which date is indicated
beneath the Mayor's signature below.
Possession and Use Agreement
9.11 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 deposit
of the Escrow Money with the Title Company and full execution of
this contract.
SELLER:
- 03
LINDA LINDA SUSAN STEPHs S DATE
7
PURCHASER:
CITY OF ROUND ROCK
By:
Nyle Maxwell, Mayor
Date:
8
0.01 Acre Right -of -Way
ASA Thomas Survey, A-609
Williamson County, Texas
EXHIBIT
DESCRIPTION OF A 0.01 ACRE (436 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS
SURVEY, ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, BLOCK A
WINDY PARK SECTION ONE REVISED, A SUBDIVISION OF RECORD IN CABINET H, SLIDE 273 OF THE
PLAT RECORDS WILLIAMSON COUNTY, TEXAS, SAME BEING DESCRIBED IN THE DEED TO
WILLIAM C. STEPHENS IV AND WIFE, LINDA SUSAN STEPHENS, AS RECORDED IN VOLUME 2256,
PAGE 718 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.01 ACRE (436 SQUARE
FEET) 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 i ron rod with a plastic cap found in the north right -of -way (ROW) line of
Cottonwood Court (a 50 foot wide ROW) as dedicated in said subdivision and being the south common corner of Lot
1, Block A of said subdivision, same being described in the deed to D K Partnership, LTD., as recorded in Document
No. 199938389 of the Official Public Records of Williamson County, Texas and said Lot 2;
THENCE with the common line of said Lots 1 and 2 N 01° 02' 46" W, a distance of 95.81 feet to a calculated point
for the POINT OF BEGINNING, being the southeast corner of the tract described herein, from which a 1/2 -inch
iron rod with a plastic cap found bears S 57° 48' 36" E, a distance of 0.30 feet, also from which point a 1/2 -inch iron
rod with a plastic cap found for the intersection of the south ROW line of Gattis School Road ( a varying width
ROW) as described in the deed to the City of Round Rock , as recorded in Document No. 2000064678 of the Official
Public Records of Williamson County, Texas and the west ROW line of Windy Park Drive (a 60 -foot wide ROW) as
dedicated in said subdivision bears N 88° 52' 13" E, a distance of 37.94 feet;
THENCE crossing said Lot 2 S 88° 52' 13" W, a distance of 50.14 feet to a calculated point in the west line of said
Lot 2, for an angle point in said south ROW line of Gattis School Road and the southwest corner of the tract
described herein, from which a 1/2 -inch iron rod found bears S 57° 58' 55" W, a distance of 0.27 feet, also from
which a 1/2 -inch iron rod with a plastic cap found for the south common corner of Lot 3, Block A of said subdivision
and said Lot 2 same being in the north ROW line of said Cottonwood Court bears S 01° 04' 41" E, a distance of 95.67
feet;
THENCE with said west line, same being said south ROW line, N 01° 04' 41" W, a distance of 10.00 feet to a 1/2-
inch iron rod with a plastic cap found for an angle point in said south ROW line, same being the northwest corner of
said Lot 2 and the northwest corner of the tract described herein,
Page 1 of 3
FN 2135 (TWH)
April 18, 2001
SAM, Inc. Job No. 99105 -20
0.01 Acre Right-of-Way
ASA Thomas Survey, A -609
Williamson County, Texas
THENCE with said south ROW line, N 88° 52' 13" E, a distance of 50.14 feet to a 1/2 -inch iron rod with a plastic
cap found in the east line of said Lot 2 for the northeast corner of said Lot 2, same being an angle point in said south
ROW line, and being the northeast corner of the tract described herein;
THENCE with said east line, same being mid south ROW line, S 01° 02' 46" E, a distance of 10.00 feet to the
POINT OF BEGINNING and containing 0.01 acre (436 square feet) 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 WILLIAMSON
KNOW ALL MEN BY THESE PRESENTS:
FN 2135 (TWH)
April 18, 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 the ground during March 2001 under my d and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 23rd day of April 2001 A.D.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
Page 2 of 3
�1 iii 1 Fr.
K ith A. lime
Registered P dional Lan. urveyor
No. 4329 - S.. of Texas
CITY OF ROUND ROCK
DOC. No. 2000064678
0. P. R. W.C. TX.
1
■
DETAIL A
I
DETAIL NOT TO SCALE
NOTES:
KEIT A. JIMENEZ
REGISTERED PR
NO. 4329, STATE T TEXAS
ar O
a
O N7
z
LOT 3
APRIL, 2001
ASA THOMAS SURVEY A -609
WILLIAMSON COUNTY, TEXAS
SCALE 1"•20'
I 10 0
ASA THOMAS SURVEY A -609
GATTIS SCHOOL ROAD
N88° 52 50.14'
0.01 ACRE
(436 SQUARE FEET) P.O.B
S88° 52'13 "W 50.14'
N
'o
m
BEARINGS AND COORDINATES 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.
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
LOT 2
WILLIAM C. STEPHENS IV
AND WIFE,
LINDA SUSAN STEPHENS
VOL. 2256, PG. 718
O.R.W.C.TX.
BLOCK A
WINDY PARK SECTION
ONE REVISED
CAB. H, SLIDE 273
P.R. W.C. TX.
Ai
m
CITY OF ROUND ROCK 0 -0%0
DOC. No. 2000064678 "kV
O.P.R.W.C.TX, s o
N88* 52'13"E 37.94' p 1.(3. .PT)
m \ ' I' S C)
a W
C
N O
U,
En
P.O.C..
COTTONWOOD COURT
(50 -FOOT WIDE RIGHT -OF -WAY)
WINDY PARK SECTION ONE REVISED
CABINET H, SLIDE 273
P.R.W.C.TX.
LOT 1
D K PARTNERSHIP, LTD.
DOC. No. 199938389
O.P.R.W.C.TX.
DETAIL B
DETAIL NOT TO SCALE
LEGEND
El CONCRETE MOMMIENT SET
• CALCULATED PONT
• NO D NAL FOUND
O '4 NON ROD SET W /CM+ UNLESS NOTED
• %' RON ROO FOND W/ CAP UNLESS NOTED
RECORD If °RIAU*.
P A°. PONT OF BECRIWIC
POT. PONT OF COMMENCXIG
▪ NON ROO FOUR
w NON PPE FOUND
M IT T. OFFIOM. PIDUC RECORDS W•LIAMSOR
COMITY. TEXAS
°M..0.T. OFFICM_ RECORDS WLUM/SON COMITY. TEXAS
x..X.I. PLAT RECORDS WLWWISON COMITY, TEXAS
DEED RECORDS WLUMISON COMITY. TEXAS
•
• /D�CAPX�m, TRso RIGHT -OF -WAY PLAT
mc. &ode 0&¢Prdesso,alPNm. Stile ,2S SHOWING PROPERTY OF
1 1 7810.1 (S1Z) WILLIAM C. STEPHENS IV AND WIFE,
(512) 326-3023 ri
F� 5' LINDA SUSAN STEPHENS
PAGE 3 OF 3
REF. FIELD
NOTE NO. 2135
I
DATE: July 17, 2003
SUBJECT: City Council Meeting - July 24, 2003
ITEM: *11.D.1. Consider a resolution authorizing the Mayor to execute a
Real Estate Contract with Linda Susan Stephens for the
purchase of right -of -way for the Gattis School Road project.
Resource: Steve Sheets, City Attorney
Julie Wolff, Legal Department
History: The realignment and widening of Gattis School Road will
increase mobility in the southeast quadrant of the City.
Funding:
Cost: $10,000.00
Source of funds: Round Rock Transportation System Development
Corporation
Outside Resources: Sheets & Crossfield, P.C.
Impact /Benefit: Increased mobility in the southeast quadrant of the City.
Public Comment: N/A
Sponsor: N/A
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ( "Contract ") is made by and between
LINDA SUSAN STEPHENS, (referred to in this Contract as "Seller ",
whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to
in this Contract as "Purchaser "), upon the terms and conditions set
forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and
Purchaser purchases and agrees to pay for, the tract(s) of land
described as follows:
.01 acre more or less, situated in the Asa Thomas Survey, Abstract
No. 609, Williamson County, Texas, being a portion of Lot 2, Block A,
Windy Park Section One Revised, a subdivision of record in Cabinet H,
Slide 273 of the Plat Records of Williamson County, Texas, more fully
described by metes and bounds 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 "), and any improvements and
fixtures situated on and attached to the Property, for the
consideration and upon and subject to the terms, provisions, and
conditions set forth below.
-03 0 7 -,) -l�DI
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of
TEN THOUSAND and no /100 Dollars ($10,000.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the
closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
T esktop \:: OLMA /IWORLDOX /O: /WDOX /CORR /TRANSP &T /GAITIS /STEPHENS /REST /OOOS1?S2. WPD /sle
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the
transactions 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 twenty (20) days after the date hereof, Seller,
at Purchaser's sole cost and expense, shall have caused the Austin
Title Company ( "Title Company ") to issue a preliminary title report
(the "Title Commitment ") accompanied by copies of all recorded
documents relating to easements, rights -of -way, etc., affecting the
Property. In the event that title to the property is not
satisfactory to Purchaser, Seller shall promptly undertake to
eliminate or modify all unacceptable matters to the reasonable
satisfaction of Purchaser, or shall provide Purchaser with any
assistance reasonably requested as necessary to eliminate or modify
such matters. In the event Seller is unable to do so within thirty
(30) days after receipt of notice, Purchaser may terminate this
Contract and it shall thereupon be null and void for all purposes
and the Escrow Deposit shall be forthwith returned by the title
company to Purchaser, as provided in Article VII. Purchaser's
failure to give Seller this notice shall not be deemed to be
Purchaser's acceptance of the Title Commitment.
Survey
3.03. Within ten (10) days from the date hereof, Purchaser, at
Purchaser's sole cost and expense, shall cause to be delivered a
current plat of survey of the Property, prepared by a duly licensed
Texas land surveyor. The survey shall be staked on the ground, and
the plat shall show the location of all improvements, highways,
streets, roads, railroads, rivers, creeks, or other water courses,
fences, easements, and rights -of -way on or adjacent to the Property,
if any, and shall contain the surveyor's certification that there
are no encroachments on the Property and shall set forth the number
of total acres comprising the Property, together with a metes and
bounds description thereof.
If any portion of the survey is unacceptable to Purchaser, then
Purchaser shall give Seller written notice of this fact. Seller
shall promptly undertake to eliminate or modify all the unacceptable
portions to the reasonable satisfaction of Purchaser. In the event
Seller is unable to do so within ten (10) days after receipt of
written notice, Purchaser may terminate this Contract, and the
Contract shall thereupon be null and void for all purposes and the
Escrow Deposit shall be returned by the title company to Purchaser,
as provided in Article VII. Purchaser's failure to give Seller this
2
written notice shall not be deemed to be Purchaser's acceptance of
the survey.
Miscellaneous Conditions
3.04. Seller shall have performed, observed, and complied with
all of the covenants, agreements, and conditions required by this
Contract to be performed, observed, and complied with by Seller
prior to or as of the closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
Seller hereby represents and warrants to Purchaser as follows,
which representations and warranties shall be deemed made by Seller
to Purchaser also as of the closing date, to the best of Seller's
knowledge:
(1) There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers;
(2) Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof;
(3) The Property herein is being conveyed to Purchaser under
threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the office of Austin Title,
Round Rock office, on or before August 15, 2003, or at such time,
date, and place as Seller and Purchaser may agree upon, or within
10 days after the completion of any title curative matters if
necessary for items as shown on the Title Commitment (which date is
herein referred to as the "closing date ").
Seller's Obligations at Closing
5.02. At the closing Seller shall:
(1) Deliver to Purchaser a duly executed and acknowledged
Warranty Deed conveying good and marketable title in fee simple to
3
all of the Property, free and clear of any and all liens,
encumbrances, conditions, easements, assessments, and restrictions,
except for the following:
(a) General real estate taxes for the year of closing
and subsequent years not yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to
Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
(2) Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by Austin Title, 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 herein, 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, provided,
however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be
endorsed "None of Record;" and
(c) The exception as to the lien for taxes shall be
limited to the year of closing and shall be endorsed
"Not Yet Due and Payable."
(d) Deliver to Purchaser possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the cash portion of
the purchase price.
Prorations
5.04. 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 shall be paid
by Seller. Agricultural roll -back taxes, if any, shall be paid by
Purchaser.
4
C C osts
5.05. 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 and survey to be paid by Purchaser.
(2) Deed, tax certificates, and title curative matters, if
any, paid by Purchaser.
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
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 Austin Title the sum of Five Hundred 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
IX hereof. At the closing, the Escrow Deposit shall be paid over to
Seller and applied to the cash portion of the purchase price,
provided, however, that in the event the Purchaser shall have given
written notice to the title company that one or more of the
conditions to its obligations set forth in Article III have not been
met, or, in the opinion of Purchaser, cannot be satisfied, in the
manner and as provided for in Article III, then the Escrow Deposit
shall be forthwith returned by the title company to Purchaser.
ARTICLE VII
BREACH BY SELLER
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: (1) enforce specific performance of this Contract;
or (2) request that the Escrow Deposit shall be forthwith returned
by the title company to Purchaser.
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
5
and Seller not being in default hereunder, Seller shall have the
right to 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
Notice
9.01. 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
9.02. 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
9.03. 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
9.04. 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
9.05. 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.
6
Time of Essence
9.06. Time is of the essence in this Contract.
Gender
9.07. Words of any gender used in this Contract shall be held
and construed to include any other gender, and words in the singular
number shall be held to include the plural, and vice versa, unless
the context requires otherwise.
Memorandum of Contract
9.08. Upon request of either party, both parties shall promptly
execute a memorandum of this Contract suitable for filing of record.
Compliance
9.09 In accordance with the requirements of Section 20 of the
Texas Real Estate License Act, Purchaser is hereby advised that it
should be furnished with or obtain a policy of title insurance or
Purchaser should have the abstract covering the Property examined
by an attorney of Purchaser's own selection.
Effective Date
9.10 This Contract shall be effective as of the date it is
approved by the Round Rock City Council, which date is indicated
beneath the Mayor's signature below.
Possession and Use Agreement
9.11 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 deposit
of the Escrow Money with the Title Company and full execution of
this contract.
SELLER:
LINDA SUSAN STEPH NS
7
DATE
PURCHASER:
CITY OF ROUND ROCK
Date: + - 09 1 4 03
8
0.01 Acre Right -of -Way
ASA Thomas Survey, A -609
Williamson County, Texas
EXHIBIT
A
Page 1 of 3
FN 2135 (TWH)
April 18, 2001
SAM, Inc. Job No. 99105 -20
DESCRIPTION OF A 0.01 ACRE (436 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS
SURVEY, ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, BLOCK A
WINDY PARK SECTION ONE REVISED, A SUBDIVISION OF RECORD IN CABINET H, SLIDE 273 OF THE
PLAT RECORDS WILLIAMSON COUNTY, TEXAS, SAME BEING DESCRIBED IN THE DEED TO
WILLIAM C. STEPHENS IV AND WIFE, LINDA SUSAN STEPHENS, AS RECORDED IN VOLUME 2256,
PAGE 718 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.01 ACRE (436 SQUARE
FEET) 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 right -of -way (ROW) line of
Cottonwood Court (a 50 foot wide ROW) as dedicated in said subdivision and being the south common corner of Lot
1, Block A of said subdivision, same being described in the deed to D K Partnership, LTD., as recorded in Document
No. 199938389 of the Official Public Records of Williamson County, Texas and said Lot 2;
THENCE with the common line of said Lots 1 and 2 N 01° 02' 46" W, a distance of 95.81 feet to a calculated point
for the POINT OF BEGINNING, being the southeast corner of the tract described herein, from which a 1/2 -inch
iron rod with a plastic cap found bears S 57° 48' 36" E, a distance of 0.30 feet, also from which point a 1/2 -inch iron
rod with a plastic cap found for the intersection of the south ROW line of Gattis School Road (a varying width
ROW) as described in the deed to the City of Round Rock , as recorded in Document No. 2000064678 of the Official
Public Records of Williamson County, Texas and the west ROW line of Windy Park Drive (a 60 -foot wide ROW) as
dedicated in said subdivision bears N 88° 52' 13" E, a distance of 37.94 feet;
THENCE crossing said Lot 2 S 88° 52' 13" W, a distance of 50.14 feet to a calculated point in the west line of said
Lot 2, for an angle point in said south ROW line of Gattis School Road and the southwest corner of the tract
described herein, from which a 1/2 -inch iron rod found bears S 57° 58' 55" W, a d of 0.27 feet, also from
which a 1/2 -inch iron rod with a plastic cap found for the south common corner of Lot 3, Block A of said subdivision
and said Lot 2 same being in the north ROW line of said Cottonwood Court bears S 01° 04' 41" E, a distance of 95.67
feet;
THENCE with said west line, same being said south ROW line, N 01° 04' 41" W, a distance of 10.00 feet to a 1/2-
inch iron rod with a plastic cap found for an angle point in said south ROW line, same being the northwest corner of
said Lot 2 and the northwest corner of the tract described herein,
0.01 Acre Right -of -Way
ASA Thomas Survey, A -609
Williamson County, Texas
THENCE with said south ROW line, N 88° 52' 13" E, a distance of 50.14 feet to a 1/2 -inch iron rod with a plastic
cap found in the east line of said Lot 2 for the northeast corner of said Lot 2, same being an angle point in said south
ROW line, and being the northeast corner of the tract described herein;
THENCE with said east line, same being said south ROW line, S 01° 02' 46" E, a distance of 10.00 feet to the
POINT OF BEGINNING and containing 0.01 acre (436 square feet) 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 WILLIAMSON
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
KNOW ALL MEN BY THESE PRESENTS:
FN 2135 (TWH)
April 18, 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 the ground during March 2001 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 23rd day of April 2001 A.D.
Page 2 of 3
K ith A. Jime
Registered Tonal Lan. urveyor
No. 4329 - S of Texas
CITY OF ROUND ROCK
DOC. No. 2000064678
O.P.R.W.C.TX.
■
DETAIL A
I
DETAIL NOT TO SCALE
NOTES.
KEIT A. JIMENEZ
REGISTERED PR L ONAL
NO. 4329, STATE TEXAS
a
0 O
•
Z
LOT 3
APRIL, 2001
ASA THOMAS SURVEY A -609
WILLIAMSON COUNTY, TEXAS
SCALE 1 "•20'
0 110
ASA THOMAS SURVEY A -609
GATTIS SCHOOL ROAD
N88° 52'13 "E 50.14'
0.01 ACRE
(436 SQUARE FEET) P.O.B.
S88° 5213 "W 50.14'
to
m
•
BEARINGS AND COORDINATES 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.
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
VEYOR
LOT 2
WILLIAM C. STEPHENS IV
AND WIFE,
LINDA SUSAN STEPHENS
VOL. 2256, PG. 718
O.R.W.C.TX.
4 25 of
BLOCK A
WINDY PARK SECTION
ONE REVISED
CAB. H, SLIDE 273
P.R.W.C.TX.
DATE
RE
m
P.O.C. •
COTTONWOOD COURT
(50 -FOOT WIDE RIGHT -OF -WAY)
WINDY PARK SECTION ONE REVISED
CABINET H, SLIDE 273
P.R.W.C.TX.
CITY OF ROUND ROCK
DOC. No. 2000064678
O.P.R.W.C.TX.
N88' 52'13"E 37.94'
LOT 1
D K PARTNERSHIP, LTD.
DOC. No. 199938389
O.P.R.W.C.T X.
DETAIL B
DETAIL NOT TO SCALE
LEGEND
IJ CONCRETE MONUMENT SET
A CALCULATED PONT
A 80DNM. FOUND
0 Y" RON ROD SET WOW (*LESS NOTED
• %' WON ROD FOUM) W/ CAP LNLESS NOTED
T I RECORD *FORMATION
OM. PONT OF BECIMINO
P.T.A. PONT OF COINIENCNG
WON ROD MAO
M C P WON PPE FOUND
.. OFFICIAL PIIRLIC RECORDS WLLIMISON
COUNTY. TEXAS
GA.aCT.. OFFICIAL RECORDS WILLIAMSON COUNTY. TERM
xW.C.T.. PLAT RECORDS WLLIMASON COUNTY, TEXAS
RAWC.T..
OEM RECORDS WILLIAMSON COUNTY, TEXAS
SAM
SURVEYING•AERIAI MAPPING•ENGINEERING
INC.
, �9�p °oIT�HD So RIGHT-OF -WAY PLAT
amble Oaks Professional PUm, Sole 125 SHOWING PROPERTY OF
51 4 4 7- Je'°"
1510 WILLIAM C. STEPHENS IV AND WIFE,
(2) 05
Fax: (55,2)12) 3 3225
6.1020 LINDA SUSAN STEPHENS
PAGE 3 OF 3
REF. FIELD
NOTE NO. 2135