R-97-02-13-18A - 2/13/1997•h
WHEREAS, the Round Rock City Council is concerned with the
increased traffic congestion on Louis Henna Blvd. /SH 130 and wishes
to facilitate its expansion and improvement by the Texas Department
of Transportation, and
WHEREAS, in order to accomplish such expansion, additional
right of way will be necessary, and
WHEREAS, certain property in the DuPont Subdivision along the
existing right of way is desirable for such expansion, and
WHEREAS,the Council finds it to be in the interests of the
health, safety and welfare of the citizens of Round Rock to acquire
the needed right of way, 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 Richard E. DuPont,
Trustee for the purchase of needed right of way along Louis Henna
Blvd. /SH 130.
RESOLVED this 13th day of February 1997.
ATTEST:
E
R: XPOOCS \RSSOLVII \RS70113.18A /.1S
LAND, City Secretary
RESOLUTION NO. R 97 02 13 - 18A
CHARLES CUL 45, Mayor
City of Round Rock, Texas
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States of Texas
County of Williamson
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE ( "Contract ") is made by and between Richard
E. Dupont, Trustee, (referred to in this Contract as "Seller ") and the
City of Round Rock, a Texas home rule city, of 221 E. Main St., Round
Rock, Williamson County, Texas (referred to in this Contract as
"Purchaser "), upon the terms and conditions set forth in this
Contract.
ARTICLE I
1.01. Purehaae and sale. By this Contract, Seller sells and agrees to
convey, and Purchaser purchases and agrees to pay for, the tract of
land situated in Williamson County, Texas, being more particularly
described as follows:
Lot 4, DuPont Subdivision of the City of Round Rock,
Williamson County, Texas, as depicted on 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 "), together with any improvements, fixtures, and
personal property situated on and attached to the Property, for the
consideration and upon and subject to the terms, provisions, and
conditions set forth below.
C:w..oacuclrn..u.urc\wc MM.wen,.i.
ARTICLE II
2.01. Purchase Price. The purchase price for the Property shall be the
sum of Three Hundred Fifty Thousand and No /100 Dollars ($350,000.00).
ARTICLE III
3.01. Conditions to Purobaaer'a Obligation.. 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(as hereinafter defined)).
3.02. Preliminary Title Commitment. Simultaneously with the execution
hereof, Seller, at Seller's sole cost and expense, shall have caused
the title company to issue a preliminary title report (the "Title
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Sheets & Cross..'. 1 008 /007
Commitment ") 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 Purchaser receives the Title Commitment that the
condition of title as set forth in the Title Commitment is or is not
satisfactory, and in the event Purchaser states that the condition is
not satisfactory, Seller shall promptly undertake to eliminate or
modify all 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 Contract shall thereupon be null
and void for all purposes and the Escrow Deposit shall be forthwith
returned by the title company to Purchaser. Purchaser's failure to
give Seller this written notice shall be deemed to be Purchaser's
acceptance of the Title Commitment.
3.03. General Conditions. 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
4.01. 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:
(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
5.01. Date. The closing shall be held at the Title Company on or
before February 14, 1997, or at such time, date, and place as Seller
and Purchaser may agree upon (which date is herein referred to as the
"Closing ").
5.02. Seller's Obligations. At the Closing Seller shall:
(1) 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
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and all liens, encumbrances, conditions, easements,
assessments, and restrictions, except for the following:
(i) General real estate taxes for the year of closing and
subsequent years not yet due and payable;
(ii) Any exceptions approved by Purchaser pursuant to
Article III hereof; and
(iii)Any exceptions approved by Purchaser in writing.
(2) Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by First American Title
Company of Austin, 4107 Spicewood Springs Rd., Austin,
Texas, 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:
(i) The boundary and survey exceptions shall be deleted;
(ii) The exception as to restrictive covenants shall be
endorsed "None of Record'; and
(iii)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.
5.03. Purchaser's Obligations. At the Closing, Purchaser shall pay the
purchase price to Seller.
5.04. Prorationa. General real estate taxes for the then current year
relating to the Property shall be prorated as of the Closing 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, specifically including Road District assessments shall
be paid by Seller at Closing.
5.05 Closing Costs. All costs and expenses of Closing in consummating
the sale and purchase of the Property shall be borne and paid as
follows:
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Owner's Title Policy paid by Seller;
Road District Assessments paid by Seller;
Filing fees paid by Purchaser; and
Attorney's fees paid by each respectively.
Sheets & Cross. 0005/007
ARTICLE VI
6.01. Real Estate Commiaaions. It is understood and agreed that there
are no brokers involved in the negotiation and consummation of this
Contract.
ARTICLE VII
7.01. Escrow Dopoait. For the purpose of securing the performance of
Purchaser under the terms and provisions of this Contract, Purchaser
has delivered to First American Title Company of Austin, the sum of
Five Hundred Dollars ($500), 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 VIII
8.01. 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, the Escrow Deposit shall be forthwith returned by the title
company to Purchaser.
ARTICLE Ix
9.01. Breach by Purchaser. In the event Purchaser should fail to
consummate the purchase of the Property, the conditions to Purchaser's
obligations set forth in Article III having been satisfied and
Purchaser being in default and Seller not being in default hereunder,
Seller shall have the right to 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
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Sheets & Cross. • • Q1006/007
its total damages and relief and as Seller's sole remedy hereunder in
such event.
ARTICLE x
MISCELLAN1^OIIS
10.01. Assignment of Contract. This Contract may not be assigned
without the express written consent of Seller. This Contract may be
assigned by Seller to Maxserve, Inc.
10.02. Survival of Covenants. 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.
10.03. Notice. 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.
10.04. Texas Law to Apply. 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.
10.05. Parties Hound. 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.
10.06. Legal construction. 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.
10.07. Prior Agreements Superseded. 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.
10.00. Time of Essence. Time is of the essence in this Contract.
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10.09. 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 requires otherwise.
10.10. Memorandum of Contract. Upon request of either party, both
parties shall promptly execute a memorandum of this Contract suitable
for filing of record.
10.11. Compliance. 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.
Dated this l3 day of February, 1997.
Date: February _ , 1997.
PURCHASER
City . ck Texas
by: y / ✓J
Charles r, Mayor
221 E. Main St.
Round Rock, Texas 78664
RECEIPT
Receipt of a copy of the foregoing Contract and $500.00 Earnest
Money in the form of a check is acknowledged.
First American Title of Austin,
Escrow Agent
BY:
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PROJECT
SITE
VICINITY MAP
(5 TS.)
BRYANT
DRIVE
(70' ROW)
91919'45'6
70 00'
DETAIL
SCALE 1•=30'
CURVE DATA
05 1 5 4 00' 14 ' 11500
62
INTERCHANGE BUSINESS PARK
SECTION TWO
CABINET J, SLIDE 28
LOT 1
BLOCK 'A'
N192Y28"W
127 92'
UUUt1L0
LOT 2 LOT I
12331 � 428.5f
SEE DETAIL
R =70'
15,660 S.F.
HEREBY DEDICATED
FOR R.O.W.
BLOCK
LOT 2
17758 ACRES
15 P U E 977.79'
BLOCK ' O
INTERCHANGE BUSINESS PARK
SECTION TWO
CABINET J, SLIDE 28
LOT 2 LOT 3
0011.8 HICKERSON
VOL 526, PG 50
117 ACRES
S1919'45'E
51919'4(0
300 50'
62
1750.16'
2,28 97'
N18•56'15'W 1206.76'
GENERAL NOTES:
1 BUILDING SETBACK LINES SHALL BE IN ACCORDANCE 41111
THE CITY OF ROUND ROCK ZONING ORDINANCE
2 SIDEWALKS SHALL BE CONSTRUCTED IN ACCORDANCE WITH
THE CITY OF ROUND ROCK SUBDIVISION ORDINANCE
3 THERE WILL BE NO OBSTRUCTIONS IN DRAINAGE EASEMENTS
4 LOT 4 15 RESERVED FOR FUTURE R.0 W ACQUISITION.
5 NO DRIVEWAY ACCESS TO LOUIS HENNA BOULEVARD WILL BE
LL0NED STARTING AT A POINT 305 EAST OF THE
INTERCHANGE BUSINESS PARK
SECTION THREE
CABINET Al, SUDE 92
LOT I
97435' 15'PUE.
LOT 1
17.002 ACRES
5 27' 5 6 ' 1 0
LOT 3
4.963 ACRES
LOT 2
15018
Fo
r
LOT 4
a764
ACRES
418.86' N 'sk O 15000'
N18'56'59'W 568.87' - 1
a
P.o, „
NEW HEARTS I^
CHRISTIAN CENTER 1 3:
VOL. 2025, PG. 502
5.00 ACRES I m
L.
LL
DATE: February 11, 1997
SUBJECT: City Council Meeting, February 13, 1997
ITEM: 18.A. Consider discussion and /or action related to the purchase of right -
of -way along Louis Henna Boulevard
02/14/97 13:05
2Y1 512 218 7097
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COMMENT'S: p
CITY OF ROUND RK
CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664
TELEPHONE # ;512 -218 -5400
FAX # 512-218-7097
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COMPANY: ' City of Round Rock, Texas