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R-79-208 - 5/10/1979WHEREAS, the voters of the City of Round Rock approved the sale of bonds to purchase a site for a regional sewerage facility, and WHEREAS, the funds from the sale of said bonds are now available to the City, and WHEREAS, certain property owned by Elizabeth Ann Rossow and August Rossow has been selected as a favorable site for the said facility, and WHEREAS, Elizabeth Ann Rossow and August Rossow have executed a contract to sell the tract to the City, and WHEREAS, the City Council desires to enter into the proposed contract with the Rossows to purchase the tract, now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS The Mayor is hereby authorized and directed to execute on behalf of the City a contract to purchase certain real estate from Elizabeth Ann Rossow and August Rossow, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this the lO day of ���, , 1979. ATTEST, 40 #11 /L'/ ../ Air o/ ne Lan., City Secretary RESOLUTION NO. €QFR Larry L. onn, Mayor City of Round Rock, Texas • STATE OF TEXAS COUNTY OF WILLIAMSON REAL ESTATE CONTRACT THIS CONTRACT OF SALE is made by and between Ann Elizabeth Rossow, a widow, individually and as Administratrix of the Estate of Gene Rossow and as Guardian of the Estate of A I ;tea 71:,.,, i Q a 0 ‹. -14 minors, and August Rosso, all of Williamson County, hereinafter collectively referred to as "Seller" and the City of Round Rock, Texas, a municipal corporation, of Williamson County, Texas, hereinafter referred to as "Purchaser," upon the terms and conditions set forth herein. ARTICLE I PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for, the tract of land containing approximately thirty -one (31) acres of land situated in Williamson County, Texas, being more particularly de- scribed in Exhibit "A" attached hereto and incorporated herein by reference for all purposes together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to ad- jacent streets or rights-of -way (all of such real property, rights, and appur- tenances being hereinafter referred to as the "Property "), together with any improvements, fixtures, and personal property situated on and attached to the Property, including a mobile home, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. ARTICLE II PURCHASE PRICE Amount of Purchase Price Preliminary Title Report 2.01. The purchase price for said property shall be the sum of One Hundred Seventy Thousand and No /100 Dollars ($170,000.00). ALI vs.7 cows S hi}RF of 7Tit putt( 4,1-se ) /6'c o • , Payment of Purchase Price 2,02. The Purchase Price shall be payable as follows; Cash. Payment in Full The full amount of the Purchase Price shall be payable 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 transactions contemplated hereby are subject to the satisfaction of each of the following condi- tions any of which be waived in whole or in part- by Purchaser at or prior to the closing. 3.02. Within thirty (30) days after the date hereof, Seller, at Seller's sole cost and expense, shall Have caused the title company to issue a preliminary title report (the "Title Report ") accompanied by copies of all recorded documents relating to easements, rights -of -way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after it receives the Title Report that the condition of title as set forth in such title binder is or is not satisfactory, and in the event Purchaser states that the condition is not satisfactory, Seller shall promptly undertake to elimi- nate or modify all such unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller i`s unable to do so within ten (10) days after receipt of written notice, this agreement shall thereupon be null and void for all purposes; otherwise, said condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. Survey 3.03. Within thirty (30) days from the date hereof, Seller, at Seller'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 acceptable to Pur- chaser. 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. Purchaser will have ten (10) days-after receipt of such survey to review and approve same. In the event any portion of such survey is unacceptable to Pur- chaser, then Purchaser shall within the ten (10) day period, give Seller written notice of such fact. Seller shall promptly- undertake to eliminate or modify all such 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 agreement, and the agreement shall thereupon be null and void for all purposes. Purchaser's failure to give Seller such writ- ten notice shall be deemed to be Purchaser's acceptance of the survey. 3.04. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this agreement to be per- formed, observed,.and complied with.by him prior to or as of the closing. ARTICLE IV, REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which repre- sentations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (21 Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; C31 The Property has full and free access to and from public highways, streets or roads. ARTICLE V CLOSING The closing shall beheld at the office of Georgetown Title Co. on or before June 1, 1979, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). At the closing Seller shall: (l1 Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable 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: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; C51 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 Seller's sole expense, issued by the title company of Seller's choice, 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 in Article V hereof, 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 thelien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable." (3) Deliver to Purchaser possession of the property. At the closing Pur- chaser shall: Pay the cash portion of the purchase price. General real estate taxes for the then current year relating to the Property, if any, 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. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller Escrow fee paid by Seller Documentary stamp or other transfer taxes paid by Seller Survey paid by Seller Filing fees paid by Seller Attorney's ,fees paid by each respectively ARTICLE VI BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obli- gations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchasers default, Purchaser may bring suit for damages against Seller. ARTICLE VII 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 satis- fied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the. right to bring suit for damages against Purchaser. ARTICLE VIII MISCELLANEOUS Survival of Covenants 841. Cal Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to ,- 3 r. a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 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 such party hereto. 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 hereto and their respective heirs, executors, administrators, legal repre- sentatives, 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 re- spect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this contract shall be construed as if such 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 hereto and supersedes any prior understandings or written or oral agreements be- tween the parties respecting the within subject matter. Time of Essence (g) Time is of the essence of 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. Dated'this' day of , 1979, • SELLER c/o Manning and Wolf • - .40/1 / .e=a 300 N. Bain Taylor, Texas 76574 ,ANN jJdzI I ROSSOW ATIf! /BL G� BEO - A1/12 4 IZABETR ROSSOW,Administratrix of the Estate of Gene Rossow ANN IZABETH ROSSOW, Guardian of the Estate of & t .a 1 � / i Qosso� `�- •�,- 4{- �G ¢. wa .L. o SS O .a- , AUGUST t OSSOW BUYER CITY OF R'4 P ROC., j ar A ram OW in- LARRY L. TONE, Mayor City of Round Rock 214 E. Main Round Rock, Texas BY; BEING 31.00 acres out of the JOSEPH MARSHALL SURVEY in Williamson County, Texas, and being a part of a 34.60 acre tract described in deeds from W. E. McCarty, et ux to Eddie McCarty, et ux and recorded in Volume 537, Page 166 and Volume 541, Page 340, Deed Records of Williamson County, Texas: BEGINNING at an iron pin set at the NE corner of 014.534.60 acre tract, in the South R.O.W. of the I & G N Railroad to set an iron pin; THENCE: South 69 degrees 24' W 240 feet with the South R.O.W. of the I & G N Railroad to set an iron pin; THENCE: South 22 degrees 04' E 22 feet to set an iron pin; THENCE: South 67 degrees 06' W 723.2 feet and South 33 degrees 18' W 59.9 feet to set an iron pin; THENCE: South 0 degrees 48' W 1440.2 feet to set an iron pin; THENCE: South 84 degrees 36' E 377.2 feet to set an iron pin in the center of Brushy Creek; THENCE: Down the center of the Creek as follows: N 2 degrees 05' W 181 feet, N 41 degrees 05' E 117 feet, N 64 degrees 10' E 246 feet and N 56 degrees 21' E 284.7 feet; THENCE: N 2 degrees 28' E 677 feet and North 700 feet to the PLACE OF BEGINNING. r EXHIBIT "A"