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R-85-700 - 3/28/1985AP • RESOLUTION NO. 7(96R WHEREAS, the City of Round Rock owns a narrow strip of land along the south side of Northwest Drive which adjoins property owned by H.E. Butt Grocery Co., and WHEREAS, said strip of land is surplus property and the City has no present or future use for the property, and WHEREAS, said strip of land is so narrow that it is incapable of being used independently under the zoning and subdivision regulations, and WHEREAS, H.E. Butt Grocery Co. wishes to buy and the City Council wishes to sell said property, 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 a contract to sell said property to H.E. Butt Grocery Co. a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 28th day of March, 1985. ATTEST: J002RES MIRE ROBINSON, Mayor City of Round Rock EARNEST MONEY CONTRACT THIS IS A CONTRACT whereby the City of Round Rock, Texas herein called Seller, agrees to sell to H.E. Butt Grocery Co., herein called Buyer, who agrees to purchase upon the terms and provisions hereof, the following described real property, in its present condition, situated in Williamson County, Texas, to -wit: As described in Exhibit "A" attached hereto. The total sales price is $36,250.00, payable in cash at closing Seller is to furnish Buyer at Buyer's expense an Owner's Policy of Title Insurance issued by U.S. Life Title Insurance Company or Buyer's choice, tax certificates showing no delinquent taxes, (current taxes, insurance and rents, if any, to be prorated to date of closing), a General Warranty Deed to be recorded at Buyer's expense, conveying good and marketable title subject only to any liens to be created or assumed hereunder and the following: 1. Present restrictions, if any, existing against said property. 2. Existing Building and Zoning Ordinances, if any. 3. Rights of parties in possession. If Owner's Policy of Title Insurance is to be furnished hereunder, the same is to be delivered as and when the sale is closed, which shall be within thirty (30) days from date hereof unless said Title Company discovers objections to title, in which case sale is to be closed when objections are removed, provided the objections are removed within a reasonable time, which in no event shall extend beyond sixty (60) days from date hereof. It is agreed that by the delivery of Owner's Policy of Title Insurance (form prescribed by State Board of Insurance of the State of Texas) under the terms of this contract, dated as of the date of closing and issued to Buyer in the amount of the total sales price, guaranteeing Buyer's title to be good and indefeasible subject only to the foregoing exceptions, all duties of the Seller as to the sufficiency of title required hereunder shall be deemed to be fully performed by Seller; however, Seller shall not thereby be released from the warranties of his deed. Time is of essence of this contract. Upon failure of Buyer to comply herewith, Seller may at his option enforce specific performance. If title is found objectionable and is not cleared within the time herein provided, or upon failure of Seller to comply herewith for any other reason, Buyer may either enforce specific performance hereof or seek such other relief as may be provided by law. In accordance with the terms of the Real Estate License Act of Texas, you, as Buyer, are advised by said Real Estate Agent that you should have the abstract covering the herein described real estate examined by an attorney of your selection, or be furnished with or obtain a policy of title insurance. All closing costs are to be paid by Buyer. Regardless of anything contained herein to the contrary, if the Title Company determines that there exists any restrictions on the D7CITY08 property prohibiting its intended use as a grocery store, the Buyer shall have the option of terminating this contract. EXECUTED in multiple copies this 04o T~ day of March, 1985. SELLER: CITY OF ROUND ROCK, TEXAS By: I� Mike Robinson, Mayor 2. BUYER: H.E. BUTT GROCERY CO. By: Will Glm J. Hor'ath Vice President BEGINNING at an iron pin found on the southwesterly right -of -way line of U.S. Highway 81 (N. Mays Street), a dedicated 120 -foot highway; said pin being the northernmost corner of a tract conveyed to the H.E. Butt Grocery Company by instrument recorded in Volume 549, Page 64, Williamson County Deed Records; said pin also being N21'58'30 "W, 461.69 feet from a concrete highway monument found at the northern extremity of a cutoff line to U.S. Highway 79; THENCE, S67 "W, with the common line between said H.E. Butt tract and Tract No. 1 passing an iron pin found at 308.32 feet, the northernmost corner of a 6.342 -acre tract known as Round Rock Center Section One, a subdivision recorded in Cabinet 0, Slide 138, Williamson County Plat Records, a total distance of 483.32 feet to an iron pin set for the southernmost corner of this strip. THENCE, N22'02'00 "W, 15.00 feet to an iron pin set; THENCE, N67'58'00 "W, parallel with and 10 feet from the common line between said Tract No. 1 and the southeasterly right -of -way line of North- west Drive, a dedicated 50 -foot street shown in a subdivision of North Park No. 3 Addition to Round Rock, Texas as recorded in Cabinet A, Slide 345, Williamson County Plat Records; a distance of 483.34 feet to an iron pin set on the southwesterly right -of -way line extended of U.S. Highway 81 for the northern- most corner of thi. strip of land described; THENCE, S21 ° 58'30 "E, 15.00 feet to the POINT OF BEGINNING contain- ing 7,250 square feet or 0.166 acre of land. STATE OF TEXAS COUNTY OF WILLIAMSON I 1 hereby certify that this description was prepared from the results of an actual survey made on the ground under my supervision and that all corners are marked as described and are true and correct to the best of my knowledge. aLrz� Henry A. ufeau egistered Public Su HAD:ek Project No. 211 -1- 002 -100 February 7, 1985 Revised March 6, 1985 OF A FIFTEEN (15) FOOT -WIDE STRIP OF LAND OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298 IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS; SAID STRIP OF LAND ALSO BEING OUT OF TRACT NO. 1 AS DESCRIBED IN INSTRUMENT CONVEYING TWO TRACTS TO THE CITY OF ROUND ROCK AS RECORDED IN VOLUME 548, PAGE 473, WILLIAMSON COUNTY DEED RECORDS; SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: veyor No. 1707 DESCRIPTION EXHIBIT "A" Page 1 of 2 TRACT NO 1 n , NORTHWEST DRIVE Iso'RO.w.) N67 °5600 "E - 48334 (VOL 548,P3 473 6.342 AC. ROUND ROCK CENTER SECTION ONE (CAB. O,SLIDE 138) STATE Or TESt3 N 22 "W 15.00' COUITT 0f 11111.108S0a I NORTH PARK NO. 3 ADDITION (CAB. A, PG. 345) 1 7,250 STRIP 11 7,250 SOFT. 0.I66AC. 0 U. g, HIGHWAY ?9 Ne y A. Ou au (stew, ubltc Survercr No. 1707 9/91980 480CH 0,19851 S67 - 483.32' H.E. BUTT GROCERY CO. (VOL. 549, PG.64) oa "5 EXHIBIT "A" Page 2 of 2 SURVEY PLAT OF A 15 FOOT WIDE STRIP OF LAND OUT OF THE WILEY HARRIS SURVEY ABSTRACT NO. 298, ROUND ROCK,WILLIAMSCN COUNTY,TEX. 1 hereby certify that this survey and p18 conform tO.tlle.u,rreet texas Surveyor's Association Standards an4 Speelflkations for • Cateooly 1A, Land Title Survey, Condition 11. S21 ° 58 30 E 1500' • '—POINT OF BEGINNING • SKETCH TO ACCOMPANY DESCRIPTION Coneult(ng anal LEGEND o IRON PIN SET • IRON PIN FOUND • CONCRETE MONUMEN Pill SCALE. 1"•100 PROJECT NQ 211 - 1.002 -100 BAKER- AICKL.EN 6 ASSOCtATE9. INC.