Loading...
R-92-1717 - 5/14/1992STATE OF TEXAS COUNTY OF WILLIAMSON REAL ESTATE CONTRACT • • • • • • THIS CONTRACT OF SALE is made by and between Jeff E. Rusk and wife, Susan Rusk, of Travis County (hereinafter referred to as "Seller ") and the City of Round Rock, Texas of Williamson County (hereinafter re- ferred to as "Purchaser "), upon the terms and conditions set forth herein. Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for, the tract of land containing approximately 1.205 acres of land situated in Williamson County, Texas, being more particularly described as follows: Outlined in red ink and shown generally as tract "Y" on Exhibit A attached hereto and incorporated herein, to be more particularly described by the survey provided in Article III below. 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 street, alleys or right -of -way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property "), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consider- ation and upon and subject to the terms, provisions, and conditions hereinafter set forth. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for said property shall be the sum of $6,025.00. PURCHASE AND SALE GCRECRUSK ARTICLE I Payment of Purchase Price 2.02. The Purchase Price shall be payable as follows: Cash Payment in Full (a) The full amount of the Purchase Price shall be payable in cash at the closing with no offsets for any expenses associated with said closing. 2.03. In further consideration for the sale of said property, Purchaser agrees to name the road illustrated and referred to in Exhibit "B ", attached hereto and incorporated by reference for all purposes, as RUSK ROAD, in honor of the historical contributions to Texas by Thomas Jefferson Rusk. Purchaser hereby warrants that it has the appropriate authority to cause said road to be permanently named in this fashion. The obligation created by this paragraph survives 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 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 thirty (30) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused Georgetown Title Company ( "the title company ") to issue a preliminary title commitment (the "Title Commitment ") accompanied by copies of all recorded doc- uments 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 Commitment that the condition of title as set forth in such title binder is or is not satisfactory, Seller shall promptly undertake to eliminate or modify all such unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser; 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, Purchaser, at Purchaser's sole cost and expense, shall cause to be completed a current plat or 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, 2. 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 Purchaser, 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 and the Escrow Deposit shall be returned by the title company to Purchaser. Purchaser's failure to give Seller such written notice shall be deemed to be Purchaser's acceptance of the survey. Environmental Assessment 3.04. Within thirty (30) days after the execution of this Contract, Purchaser shall arrange for an environmental assessment to be conducted on the Property by a qualified environmental consultant. The assessment shall be conducted according to the following minimum standards: (a) Phase I of the assessment shall include (i) a review of available documents, (ii) interviews with people aware of operations that have been conducted on the Property, and (iii) a physical inspection of the Property. (b) If the results of Phase I are inconclusive to show the presence or absence of any hazardous substances on the Property, the Purchaser shall have the option to either terminate this Contract or arrange for Phase II. If Purchaser elects to terminate, the Escrow Deposit shall be forthwith returned by the title company to Purchaser. If the Purchaser elects to proceed with Phase II of the assessment, it shall include (i) a more detailed review of the Property, and (ii) specialized physical sampling as indicated necessary from the results of Phase I. (c) If the results of Phase II are inconclusive to show the presence or absence of any hazardous substances on the Property, the Purchaser shall have the option to either terminate this Contract or arrange for Phase III. If Purchaser elects to terminate, the Escrow Deposit shall be forthwith returned by the title company to Purchaser. In the event Purchaser elects to proceed with Phase III of the assessment, the nature of the inquiries to be made shall be determined by the Purchaser and the environmental consultant retained to conduct the assessment following the Purchaser's analysis of the report on the Phase II assessment. 3 . (d) The cost of the environmental assessment shall be paid solely by the Purchaser. (e) Seller shall cooperate fully with all inquiries made by the environmental consultant, including, but not limited to giving the environmental consultant access to the property within 24 hours following requests for such access. (f) Nothing in this Paragraph shall be construed as limiting in any way the acts that may be performed by the environmental consultant in the conduct of the assessment. Seller's Compliance 3.05. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this agreement to be performed, 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 representations 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; and • (2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. ARTICLE V CLOSING The closing shall be held at the office of Stephan L. Sheets & Associates, P.C. on or before July 15, 1992, 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: (1) Deliver to Purchaser a duly executed and acknowledged Special 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: 4 . (2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Georgetown 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 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: (3) (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 Any exceptions approved by Purchaser in writing. (c) (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." Deliver to Purchaser possession of the property. At the closing Purchaser shall: (a) Pay the cash portion of the purchase price. 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 Purchaser Survey paid by Purchaser Filing fees paid by Purchaser Attorney's fees paid by each respectively ARTICLE VI REAL ESTATE COMMISSIONS It is understood and agreed that no brokers are involved in the negotiation and consummation of this Contract other than Swenson & Company Real Estate and Purchaser agrees to pay said broker a commission of $361.50. 5. ARTICLE VII ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this agreement, Purchaser has delivered to Georgetown Title Company the sum of $1,000.00, the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this agreement 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 VIII 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 agreement; or (2) request that the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE IX 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 the Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the title company, such 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 agreement, and Seller agrees to accept and take said cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01. (a) This contract may not be assigned without the express written consent of Seller. 6 . Option to Repurchase (b) The proposed use to which the Property is to be put is for a City firestation. In the event the City ever determines it wishes to use the Property for some purpose other than a firestation site, it shall notify the Seller in writing at its last known address. Upon receipt of such notice, Seller shall have the option to repurchase the Property from Purchaser for the sum of $6,025.00 plus all costs of closing. In order to exercise its option, Seller shall give written notice of its intention to so exercise no later than forty -five (45) days following its receipt of the aforesaid notice from Purchaser. The re- purchase transaction shall be closed within forty -five (45) days after Purchaser receives notice of intention of Seller to exercise its option. If the notice to exercise option is not received within the forty -five (45) day period, then the option shall be deemed to have expired and of no further force or effect. This option to repurchase shall be described and reserved in the Special Warranty Deed to be executed by Seller at closing. (c) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. The obligation of Purchaser to pay the 1992 ad valorem taxes for the Property shall survive closing. If to Seller: If to Purchaser: With Copy To: Survival of Covenants Notice (d) 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 below: 7. Jeff E. Rusk and Susan Rusk 910 Lavaca Austin, Texas 78701 City of Round Rock Attention: City Manager 221 E. Main Street Round Rock, Texas 78664 Stephan L. Sheets City Attorney 309 E. Main Street Round Rock, Texas 78664 Texas Law to Apply (e) 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. (f) Legal Construction (g) 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, 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 (h) This contract constitutes the sole and only agreements of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. (i) (j) Parties Bound This contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this contract. Time of Essence Time is of the essence of this contract. Gender 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 required otherwise. Memorandum of Contract (k) Upon request of either party, both parties shall promptly execute a memorandum of this agreement suitable for filing of record. Compliance (1) In accordance with the requirements of Section 28 of the Texas Real Estate License Act, Purchaser is hereby advised that it 8 . should be furnished with or obtain a policy of title insurance or have the abstract covering the Property examined by an attorney of its own selection. Date executed by Seller: , 1992 Jeff SELLE� ' / ✓ AwL irj ♦ mow Susan Rusk Date executed by Purchaser: PURCHASER: City of Round Rock , 1992 By: Date executed by Broker: BROKER: Swenson & Co. , 1992 By: 9. Mi a Robinson, Mayor Bill Gordon I 60 -------- ----------- W Z J \ O O 3 i 5 ROW 60• ISO' M i C UNTY Roto -16 9 ' r 2 'o o 7 f, BEIfC a pert of the P. A. KIZER SAW, ABSTRACT f0, 297, W I I I lancet County, TASaI, and b.1np pert of that certain 60.6761 .ere tract of lard described In a deed to Jeff E. Rusk end Susan Rusk r.cordtl In Velum I064 et Page 310. Official Records of Williamson linty, end pare of that certain 125.7635 acre tract of Iwd described In a deed to Jeff 0. F and Susan R retarded In Volvo. Z.T7 at P.p.a /87 , Official Records of Willlwwon Cauhty, and being non partlalarly described by meter end bards as follows, to wit! 060INVING at • point In the ■ouch IIn• of said 735.7535 ten tract In the north line of Cott!. School Rod, Iran which the Awthooet corner of sold 130.7666 acr. tract Wars N 19. 32' 05' W e distance of 174.16 test; 7)01311 crossing Said 135.7536 liens tract, end along the westerly lire of ..ld 60.1766 sera tract, the following described eight (a) eaurses and distances; 1. KORTH • distance of 000,00 feet to a point; 2. An ere dlstec. of 626,40 feet with a arve to the loft, sold aria hovIng a central !Ingle of I5• 00', a rdlua of 612.96', tangents of p 221.60 t '. and a chord bearing and distance of N 22. 30 W 416.66', to a olnt 2. N 45 00' W a distance of 120.76 feet to • point; s. An ere dlat.nc• of 290.67 Cut with • curve to the right, said curve having • control angle of 26. 20' 32', a rdlw of 102.86', tangents of 163.00', ere a third Waring and dletmce 00030° 55' 00'0306.59 feat to • point In the wort Ilse of sold 60.3766 sera tract) 5. N 00° 01' 66" E • oilstone. of 1160.16 feet to a point; 6. N 00' 12' 31. 6 . diltanc. of 176.10 foot to • point' 7. N 00. 16' 24' W • dlutanc• of 931.36 feat t0 • point, and) B. N 00. 20' 118 5 a 01,11ms of 315,12 feet to the rortha.st comma( Said 60.0766 acre (net; THEN= S 80. 6B' 11' 6 • dl.tanc° of 35.00 feat with the north Ilna of sold 60,1766 acre tract to a points 71 43LE crossing amid 60.0766 acre and sold 135.7525 acre tracts, the following de.crIb.d five (5) courses and distances' 1. SMITH . dl•tone• of 2101.65 feat to a point; 2. An are dl.1r . of 426.61 feet with a wrve to tha left. Bald wive having • central angle of 45. 00', f radium of 642.66', tangents of 224.90', and a chord bearing and diatom. of 5 22° 30' E 415.56', to • point; 3. 5 45' 00' e • distance of 129.76 foot to a point; 4. An aro distance of 473.56' with 1 arve t0 the right, said aria having a central angle of 45. 00', a rdlus of 602.96' (motto at 209.75 fact, And a chard bearing and distance of S 21 30' E 161.49 feet, to • point; 5, Saint • dl hence of 000.49 foot to • point In the feuth Ilre of Bald 125.7535 acre tract; T EN3E N 19 32' 05" W e distance of 60,00 foot with the lath line of geld 735.7333 Acre tract and the north I lns of Gentle School Rod to the Place of Beginning, contelning 4.50 .cram of lard. 3 -2 -92 eXHIRIT •e" 1.1111210T115 09911 111.11:.• CROlJt (I SKETCH TO ACCOMPANY FIELD NOTES PART OF THE P A. HOLDER SURVEY, ABSTRACT 297 WILLIAMSON CO., TEXAS 2 J • ;•11/•0'11 11.00' 3 - -R2 JEFF' E RUSK 6 SUSAN RUST 80.8786 AC 2061/380 JEFF E. RUSK 6 SUSAN RUSK 136.7638 AC. 20q7//67 • .•• u•Ilbf• 4•00' 1'• 111.17 107Q !0 /001 MO Ort. c. 1 PI 11 OF 00' ;ILL! 11 11 K 1 101.11' 81 111.11; VOA' - 11 877.10'1 COALTER & ASSOCIATES K01 N. c8.T JU /l d Rte RacL TX 78664 11 002.81' 1. 11140' 11 u1.1r 0. 11108 c1 tt•le'• �spUrv � �� �� RESOLUTION NO. 1'1 I I WHEREAS, the City of Round Rock has need of a fire station site on Gattis School Road, and WHEREAS, negotiations with Jeff and Susan Rusk have resulted in a Contract whereby the Rusks have agreed to sell a suitable tract to the City, and WHEREAS, the Council wishes to approve said Contract, 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 Contract with Jeff and Susan Rusk for the purchase of a suitable tract on Gattis School Road for a fire station site, a copy of said Contract being attached hereto and incorporated herein for all purposes. RESOLVED this 14th day of May, 1992. ATTEST: RS05142E LAND, City Secretary MTKE ROBINSON, Mayor City of Round Rock, Texas STATE OF TEXAS THIS CONTRACT OF SALE is made by and between Jeff E. Rusk and wife, Susan Rusk, of Travis County (hereinafter referred to as "Seller ") and the City of Round Rock, Texas of Williamson County (hereinafter re- ferred to as "Purchaser "), upon the terms and conditions set forth herein. COUNTY OF WILLIAMSON GCRECRUSK REAL ESTATE CONTRACT 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 1.205 acres of land situated in Williamson County, Texas, being more particularly described as follows: Outlined in red ink and shown generally as tract "Y" on Exhibit A attached hereto and incorporated herein, to be more particularly described by the survey provided in Article III below. 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 street, alleys or right -of -way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property "), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consider- ation and upon and subject to the terms, provisions, and conditions hereinafter set forth. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for said property shall be the sum of $6,025.00. 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 with no offsets for any expenses associated with said closing. 2.03. In further consideration for the sale of said property, Purchaser agrees to name the road illustrated and referred to in Exhibit "B ", attached hereto and incorporated by reference for all purposes, as RUSK ROAD, in honor of the historical contributions to Texas by Thomas Jefferson Rusk. Purchaser hereby warrants that it has the appropriate authority to cause said road to be permanently named in this fashion. The obligation created by this paragraph survives closing. (a) 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 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 thirty (30) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused Georgetown Title Company ( "the title company ") to issue a preliminary title commitment (the "Title Commitment ") accompanied by copies of all recorded doc- uments 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 Commitment that the condition of title as set forth in such title binder is or is not satisfactory, Seller shall promptly undertake to eliminate or modify all such unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser; 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, Purchaser, at Purchaser's sole cost and expense, shall cause to be completed a current plat or 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, 2. 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 Purchaser, 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 and the Escrow Deposit shall be returned by the title company to Purchaser. Purchaser's failure to give Seller such written notice shall be deemed to be Purchaser's acceptance of the survey. Environmental Assessment 3.04. Within thirty (30) days after the execution of this Contract, Purchaser shall arrange for an environmental assessment to be conducted on the Property by a qualified environmental consultant. The assessment shall be conducted according to the following minimum standards: (a) Phase I of the assessment shall include (i) a review of available documents, (ii) interviews with people aware of operations that have been conducted on the Property, and (iii) a physical inspection of the Property. (b) If the results of Phase I are inconclusive to show the presence or absence of any hazardous substances on the Property, the Purchaser shall have the option to either terminate this Contract or arrange for Phase II. If Purchaser elects to terminate, the Escrow Deposit shall be forthwith returned by the title company to Purchaser. If the Purchaser elects to proceed with Phase II of the assessment, it shall include (i) a more detailed review of the Property, and (ii) specialized physical sampling as indicated necessary from the results of Phase I. (c) If the results of Phase II are inconclusive to show the presence or absence of any hazardous substances on the Property, the Purchaser shall have the option to either terminate this Contract or arrange for Phase III. If Purchaser elects to terminate, the Escrow Deposit shall be forthwith returned by the title company to Purchaser. In the event Purchaser elects to proceed with Phase III of the assessment, the nature of the inquiries to be made shall be determined by the Purchaser and the environmental consultant retained to conduct the assessment following the Purchaser's analysis of the report on the Phase II assessment. 3. (d) The cost of the environmental assessment shall be paid solely by the Purchaser. (e) Seller shall cooperate fully with all inquiries made by the environmental consultant, including, but not limited to giving the environmental consultant access to the property within 24 hours following requests for such access. (f) Nothing in this Paragraph shall be construed as limiting in any way the acts that may be performed by the environmental consultant in the conduct of the assessment. Seller's Compliance 3.05. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this agreement to be performed, 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 representations 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; and (2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. ARTICLE V CLOSING The closing shall be held at the office of Stephan L. Sheets & Associates, P.C. on or before July 15, 1992, 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: (1) Deliver to Purchaser a duly executed and acknowledged Special 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: 4. (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 Georgetown 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 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 the lien 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 Purchaser shall: (a) Pay the cash portion of the purchase price. 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 Purchaser Survey paid by Purchaser Filing fees paid by Purchaser Attorney's fees paid by each respectively ARTICLE VI REAL ESTATE COMMISSIONS It is understood and agreed that no brokers are involved in the negotiation and consummation of this Contract other than Swenson & Company Real Estate and Purchaser agrees to pay said broker a commission of $361.50. 5. ARTICLE VII ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this agreement, Purchaser has delivered to Georgetown Title Company the sum of $1,000.00, the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this agreement 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 VIII 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 agreement; or (2) request that the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE IX 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 the Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the title company, such 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 agreement, and Seller agrees to accept and take said cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01. (a) This contract may not be assigned without the express written consent of Seller. 6. Option to Repurchase (b) The proposed use to which the Property is to be put is for a City firestation. In the event the City ever determines it wishes to use the Property for some purpose other than a firestation site, it shall notify the Seller in writing at its last known address. Upon receipt of such notice, Seller shall have the option to repurchase the Property from Purchaser for the sum of $6,025.00 plus all costs of closing. In order to exercise its option, Seller shall give written notice of its intention to so exercise no later than forty -five (45) days following its receipt of the aforesaid notice from Purchaser. The re- purchase transaction shall be closed within forty -five (45) days after Purchaser receives notice of intention of Seller to exercise its option. If the notice to exercise option is not received within the forty -five (45) day period, then the option shall be deemed to have expired and of no further force or effect. This option to repurchase shall be described and reserved in the Special Warranty Deed to be executed by Seller at closing. If to Seller: With Copy To: If to Purchaser: Survival of Covenants (c) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. The obligation of Purchaser to pay the 1992 ad valorem taxes for the Property shall survive closing. Notice (d) 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 below: Jeff E. Rusk and Susan Rusk 910 Lavaca Austin, Texas 78701 City of Round Rock Attention: City Manager 221 E. Main Street Round Rock, Texas 78664 Stephan L. Sheets City Attorney 309 E. Main Street Round Rock, Texas 78664 7. Texas Law to Apply (e) 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 (f) This contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this contract. Legal Construction (g) 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, 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 (h) This contract constitutes the sole and only agreements of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence (i) Time is of the essence of this contract. Gender (j) 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 required otherwise. Memorandum of Contract (k) Upon request of either party, both parties shall promptly execute a memorandum of this agreement suitable for filing of record. Compliance (1) In accordance with the requirements of Section 28 of the Texas Real Estate License Act, Purchaser is hereby advised that it 8. should be furnished with or obtain a policy of title insurance or have the abstract covering the Property examined by an attorney of its own selection. Date executed by Seller: , 1992 Date executed by Purchaser: , 1992 By: , 1992 By: Susan Rusk PURCHASER: Date executed by Broker: BROKER: City of Round Rock 9 . Mike Robinson, Mayor Swenson & Co. Bill Gordon I z � . o N •-- Z \ 1 •ttt r:;...tt C EXHj 4 / ROW 60• I � Z y � { C -TY 8040 r68 s e \ Z� ffi.. ff..r fb.: ffa• b.r ! o f9 0.�� 20 3 -2.92 EXHIBIT •B" FIELD OTiSS Baltic a pert of the P. A. HOSIER EUR Ey, AESTR,tcT NO. 797, Williamson Canty, T.x.., and being pert of that certain 60.1766 scrip tract of lad d.serlbad In a aid to J455 E. Ptak and Susan Rusk recorded In Volure 2061 et Pogo 380, Official Record,' of Wllll.nen Gantt', and part of Stet eartaln 115.7885 micro tract of lard descrlted In a deed to Jeff E. Runk and Sun funk rxerded In Volute 2077 at Page 167 Of(1.1.1 Records of W1lilmon Canty. arc, being nore particularly daacrlbed by , ,etas end bards as follows, to wit; BEGINNING at a point In the •oath I Ina of sold 133.7333 sera tract In the north line of Gettig School Road, from Mich th •outh.e.t corner of said 186.7616 acre tract burs N 68. 32' 01' W a distance of 175.60 (eat; T147432 cro.elr. raid 133.7513 sere tract, and slang the w.starly IInt of raid 50.1766 acre tract, the following dsorlh.0 •ly,( (61 cwnal and dl.t.ncu: 1. 7 I51 • distance of 800.00 het to a point; 2. M arc diatom. of 416.44 feat with v curve to the left, raid CUrsli having a central Ingle of 13. 00, a radtug'of 617.86', tergant6 of 224.00', and a chord bearing and diatoms of N 22° 20' W 416.68', to . point; 3. N 46° 00' W ■ distance of 129.76 feet to a point; .. M ere dletnce of 199.67 feat with • curve to the right, said curve having a entnl angle of 26° 21' 32'. a radius of 602.66', tan of 113.00', are a dnord bearing and distance of N 30° 05' 05' W 296.59 feat (0 ■ p51nt In the lean Ilra of slid 60.1765 Berl Irlctl S. N 00° 01' 06 E a distance of 1140.60 feet to 1 polntl 6. N 00. 12' 31 6 a dlsanca of 171.11 feet to • point; 7. N 00. 16' 16' W • dlatence of 931.31 feet to a point, and; 0. N OO' 20' 89 Q e distance of 313.12 feat to the northeast corner of said 60.6766 sera tract; T1e?a S e0. 11' tt' E a distance of 36.00 feat with the north lire of said 60.1766 acre tract to a point; TFE'g en■Irc sold 60.1766 mar. and said 136.7533 acre tracts, the following described fie (3) courses rd dlrtarcun 1. SOUTH a distance of 2663.61 hat to a point; 2. M arc dLane. of 626.46 (..l with • curve to tie left. said curnl Kevin; a central angle of 45 00, . radian of 632.86', tangents of 224.90', are . chord b.erlrc td 01.tac. of 0 22° 30' E 413.56', to a point; 3. 3 45. 00' E a equine. of 129.76 (646 to a point; 4. M arc distinct! of 173,56' with B curve to the right, avid curse having a central angle of 43° 00', . radius Of 602.90', tangent. of 209.75 flat. and a card bearing and distance of S 22° 30' E 161.49 ha. to . point; 1. SMITH • distance of 100.41 feet to a point in the south line of said 131.7535 men tract; 711E7CE N 19• 32' 05° W • dlllerce of 60.00 (eat with eh. south IIns of said 133.7335 acre tract and the north Inns of Gatti/ School Rood to the Place of Beginning, containing 4.10 ecru of land. 1 ole's% III la..• CIOCEtir SKETCH TO ACCOMPANY FIELD NOTES PART OF THE P. A. HOLDER SURVEY, ABSTRACT 297 WILLIAMSON CO., TEXAS ••141 7.77 i !- • -1 •RE JUT E. RUST 6 SUSAN RUST 136.7635 AC 2047/167 1 11.00', 411,11' Et 410.21 - ;Ma 4C /001 00/0 JEFF E RUSE 5 SUSAN RUSc 60.6766 AC. 2014/360 '01 40.00' 407 C•1 4 0.1 1 1 11•00' r •4 c.l a.1 COALTER & ASSOCIATES 006 N. I/lae, Soo. 1101 •. . Pak. TL 11667 04 111,74' 1, 77410' 7 1{.11' CA . 4 41 44.00' 44 101.11' 74 717.14' 4 71.11 1 .1.1,' 01 111 1 . 41 1 . 407.11 1 . 171.00 111.77' 0447l10.4oYP7 DATE: May 12, 1992 SUBJECT: City Council Meeting, May 14 , 1992 ITEM: 13.E. Consider a resolution authorizing the Mayor to enter into a contract for the purchase of a Fire Station site on Gattis School Road. STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: Approval THE ATTACHED RESOLUTION WILL AUTHORIZE THE ACQUISITION OF A 1.205 ACRE SOUTHEAST FIRE STATION SITE FOR $5000 PER ACRE. FUNDS FOR THIS PURCHASE WERE APPROVED IN THE 1985 G.O. BOND ELECTION. Economic Impact APPROXIMATELY $6000.