R-99-05-13-13B2 - 5/13/1999WHEREAS, the City desires to purchase a 1.347 acre tract of land
as additional right -of -way to facilitate the extension of Greenlawn
Boulevard from Louis Henna Boulevard to the IH 35 East Frontage Road,
and
WHEREAS, Mitzi Evelyn Coil, 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 an Unimproved Property Earnest Money Contract with
Mitzi Evelyn Coil for the purchase of the above described property, a
copy of said Unimproved Property Earnest Money Contract being attached
hereto 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, and the Act.
RESOLVED this 13th day of May, 199
ATTEST:
NE LAND, City Secretary
OOCS \RESOIOTI \R90515H2.WPO /scg
RESOLUTION NO. R- 99- 05- 13 -13B2
CHARLES CUL P.R, Mayor
City of Round Rock, Texas
UNIMPROVED PROPERTY EARNEST MONEY CONTRACT
1. PARTIES: MITZI EVELYN COIL (Seller) agrees to sell and convey
to THE CITY OF ROUND ROCK (Buyer) and Buyer agrees to buy from
Seller the property described below.
2. PROPERTY: Approximately 1.347 acres out of the Socrates Darling
Survey in Williamson County, Texas, being more further described
in Exhibit "A ", attached hereto and incorporated herein.
3. CONTRACT SALES PRICE:
A. Cash portion of Sales Price
payable by Buyer
B. Sum of financing described below
C. Sales Price (Sum of A and B)
4. FINANCING: Not Applicable
5. TITLE POLICY:
$ 29,337.00
$ n/a
$ 29,337.00
A. TITLE POLICY: Seller shall furnish to Buyer at Buyer's
expense an Owner Policy of Title Insurance (the Title
Policy) issued by Alamo Title (the Title Company) in the
amount of the Sales Price, dated at or after closing,
insuring Buyer against loss under the provisions of the
Title Policy, subject to the promulgated exclusions
(including existing building and zoning ordinances) and the
following exceptions:
(1) Restrictive covenants common to the platted
subdivision in which the Property is located.
(2) The standard printed exception for standby fees, taxes
and assessments.
H:\ TEAT \RONNDROC \GEEENLAW \COILCON. WPD /cdc
(3) Liens created as part of the financing described in
Paragraph 4.
(4) Utility easements created by the dedication deed or
plat of the subdivision in which the Property is
located.
(5) Reservations or exceptions otherwise permitted by this
contract or as may be approved by Buyer in writing.
(6) The standard printed exception as to discrepancies,
conflicts, shortages in area or boundary lines,
encroachments or protrusions, or overlapping
improvements.
(7) The standard printed exception as to marital rights.
(8) The standard printed exception as to waters,
tidelands, beaches, streams and related matters.
B. ABSTRACT OF TITLE: None Required
C. SURVEY REQUIRED: Buyer will be responsible for Survey and
related costs.
NOTICE TO SELLER AND BUYER:
6. PROPERTY CONDITION: Buyer accepts the Property in its present
condition, subject only to AS IS.
7. BROKER'S REPRESENTATION AND FEES: NONE
8. CLOSING: The closing of the sale shall be on or before May 31,
1999, or within 7 days after objections to title have been cured,
whichever date is later (the Closing Date).
9. POSSESSION AND RIGHT OF ENTRY: The possession of the Property
shall be delivered to Buyer at closing. Seller acknowledges the
Buyer's desire to construct the extension of Greenlawn Blvd. As
expeditiously as possible. Seller hereby grants Buyer a right of
entry to begin construction on said road if, for any reason, the
closing does not occur on May 31, 1999. The Seller, by granting
this right -of- entry, does not waive any provisions of this
Contract, including consideration.
10. SPECIAL PROVISIONS: none.
11. SALES EXPENSES: The following expenses shall be paid at or prior
to closing:
Buyer shall pay all sales expenses.
12. PRORATIONS AND ROLLBACK TAXES:
A. PRORATIONS. Current taxes, shall be prorated through the
Closing Date. If ad valorem taxes for the year in which
the sale is closed are not available on the Closing Date,
proration of taxes shall be made on the basis of taxes
assessed in the previous year.
B. ROLLBACK TAXES. If this sale or Buyer's use of the
Property after closing results in the assessment of
additional taxes for periods prior to closing, the
additional taxes shall be the obligation of the Buyer. If
Seller's change in use of the Property prior to closing or
denial of a special use valuation on the Property claimed
by Seller results in the assessment of additional taxes for
periods prior to closing, the additional taxes shall be the
obligation of Seller. Obligations imposed by this
paragraph shall survive closing.
2.
13. DEFAULT: If Buyer fails to comply with this contract, Buyer
shall be in default. Seller may either (a) enforce specific
performance, seek such other relief as may be provided by law,
or both, or (b) terminate this contract, thereby releasing both
parties from this contract. If Seller is unable without fault
to deliver the Commitment within the time allowed, Buyer may
either terminate this contract or extend the time for performance
up to 15 days and the Closing Date shall be extended as
necessary. If Seller fails to comply herewith for any other
reason, Seller shall be in default and Buyer may either (a)
enforce specific performance, seek such other relief as may be
provided by law, or both, or (b) terminate this contract, thereby
releasing both parties from this contract.
14. ATTORNEY'S FEES: If Buyer, Seller or Escrow Agent is a
prevailing party in any legal proceeding brought under or with
relation to this contract, such party shall be entitled to
recover from the non - prevailing parties all costs of such
proceeding and reasonable attorney's fees.
15. REPRESENTATIONS: Seller represents that as of the Closing Date
(a) there will be no liens, assessments, Uniform Commercial Code
or other security interests against any of the Property which
will not be satisfied out of the Sales Price, unless securing
payment of any loans assumed by Buyer and (b) assumed loans will
be without default. If any representation in this contract is
untrue on the Closing Date this contract may be terminated by
Buyer. All representations contained in this contract and an
agreement for mediation shall survive closing.
16. NOTICES: All notices shall be in writing and effective when
mailed to or hand - delivered at the addresses shown below.
17. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person ", as
defined by applicable law, or if Seller fails to deliver an
affidavit that Seller is not a "foreign person ", then Buyer shall
withhold from the sales proceeds an amount sufficient to comply
with applicable tax law and deliver the same to the Internal
Revenue Service together with appropriate tax forms. IRS
regulations require filing written reports if cash in excess of
specified amounts is received in the transaction.
18. AGREEMENT OF PARTIES: The contract contains the entire agreement
of the parties and cannot be changed except by their written
agreement.
19. CONSULT YOUR ATTORNEY: This is intended to be a legally binding
contract. READ IT CAREFULLY. If you do not understand the
effect of this contract, consult your attorney BEFORE signing.
BUYER'S ATTORNEY. AND ADDRESS:
Charles Crossfield
309 East Main
Round Rock, Texas
3
SELLER'S ATTORNEY AND ADDRESS:
EXECUTED in multiple originals on 1 /I(uu 13 1999.
BUYER:
THE CITY OF ROUND ROCK
BY CHARLES CULP2PP, Mayor
SELLER:
MITZI
4.
EVELYN COI /41/-\ (1. L
EXHIBfT1(_
DESCRIPTION
FOR A 1.347 -ACRE TRACT OF LAND SITUATED IN THE SOCRATES DARLING
SURVEY NO. 102. ABSTRACT NO. 232 IN TRAVIS COUNTY. TEXAS. BEING A
PORTION OF A CALLED 12.742 ACRE TRACT OF LAND CONVEYED TO MITZI
EVELYN COIL BY INSTRUMENT RECORDED IN VOLUME 12806, PAGE 274 OF
THE REAL PROPERTY RECORDS OF SAID COUNTY, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
Page 1 of 2
BEGIN FOR REFERENCE on a capped Bon rod sel in the southerly boundary line of the
remainder of o 36.611 acre tract of land conveyed to Sun Development, Inc. by
instrument recorded in Volume 12434. Page 1610 of the Real Properly Records of Travis
County, Texas, same being the southwest corner of sold 12.742 acre tract and being in
the northerly boundary line of a culled 32.44 acre tract conveyed to Leil Johnson Ford.
Inc., also by instrument recorded in Volume 12753. Page 1630 of the Reol Property
Records of said county, and from said point. the southeast corner of Lot 4. Block A of the
"Coil Subdivision ", a subdivision found recorded in Book 95, Page 105 in the Plot Records
of Travis County, bears, S88 °55'34"W, at a distance of 1050,00 feet: thence. along the
common boundary line of said 12.742 acre tract and said remainder tract. N01 °24•03 "E.
for o distance of 37,49 feel to o capped iron rod sel in the easterly right -of -way line of
the proposed Greenlawn Blvd. Extension, same being the most southwesterly corner and
the POINT OF BEGINNING hereof:
THENCE, with the common boundary line of said remoinder Tract and sold 12.742 acre
tract, N01 °24'03 "W, for a distance of 149.12 feet to a capped iron rod set in the curving
northwesterly right -of -way line of said proposed Greenlown Blvd. Extension being the
northwesterly corner hereof:
THENCE. departing said common boundary line of said remainder tract and said 12.742
acre tract. and through said 12.742 acre tract with the northwesterly right-ol -way line of
the proposed Greenlawn Blvd. Extension. the following two 12) courses:
I. Along a curve to the left for an arc distance of 436.20 feel, and having a
radius of 954,41 feel, o central angle of 26 and a Chord which bears
N40 "E, fora distance of 432.51 feet 10 0 capped iron rod sel;,
2. N27 ° 48'54 "E, for a distance of 144.58 feel to a copped iron rod set in the
southeasterly boundary line of a coiled 112.901 acre tract conveyed to Dell
Computer Holdings, L.P. by instrument recorded in Volume 11938, Poge 1764
of the Real Property Records of said county. same being the north line of said
12.742 -acre Tract, for the most northwesterly corner hereof; and from said
point an iron rod found at an angle point in the north line of said 12.742 acre
tract bears, 561 °19'32" E. a distance of 201.29 feel:
THENCE. along the common boundary line of said Dell tract and 12.742 acre tract,
S61 °19'32 "E, lord distance 01132.01 feel to a iron pipe found in the southeasterly right -ol-
way line of the proposed Greenlown Blvd. Extension, being the southeast corner of said
Dell tract, the southwest corner of a called 17.295 acre tract conveyed to Michoel Tract
Partners by instrument recorded in Volume 10256, Poge 714 of the Real Property Records
Travis County, Texas and being on angle point in the north line of said 12.742 acre tract
for the northeasterly corner hereof;
THENCE, leaving the north line of said 12.742 acre tract and through said 12.742 acre
tract, and with the easterly right -of -way line of said proposed Greenlawn Blvd. Extension
the following two 12) courses:
1. S27 °48'54 "W, fora distance of 142.60 feel la a copped Iron rod set al a point
for curvature hereof;
2. Along a curve to the right for a distance of 580.82 feel. and having a radius of
1045.59 feet, a central angle of 31 °49'39" and having o Chord which bears
$43 ° 43'44 "w. for a distance of 57138 feel to the POINT OF BEGINNING hereof
and containing 1.347 acres of land.
Sury ye derfhe dir supervision f the undersi ed.
M.5 ephe iruesd e Date
Registered Professional Land Surveyor No. 4933
Baker - Aicklen & Associates, Inc.
203 E. Moin Street, Suite 201
Round Rock, TX 78664
.v \°015.13 \DOC\COi Oa,
EXHIBIT rr Page 2 of 2
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GREENLAWN EXTENSION
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DATE: May 7, 1999
SUBJECT: City Council Meeting — May 13, 1999
ITEM: 13.B.2. Consider a resolution authorizing the Mayor to execute an Earnest
Money Contract to acquire 1.347 acres of land from Mitzi Evelyn
Coil for the extension of Greenlawn Boulevard. Staff Resource
Person: Tom Word, Traffic Engineer