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R-2014-1606 - 7/24/2014RESOLUTION NO. R-2014-1606 WHEREAS, the City desires to purchase a tract of land described as Lot 1, Block B, Creek Bend Phase 1, for the Creek Bend Drive Extension Project; and WHEREAS, Cia Lara and Crelyne Warner, the owners of the Property, have 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 a Real Estate Contract with Cia Laza and Crelyne Warner, for the purchase of the above described Property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" 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. RESOLVED this 24th day of July, 2014. G ".�: City of Round Rock, Texas Gleow--Tv W-14 f1 -'i KbP- {mrd -12 n" ATTES/T::� �, ^ n �{l/V 1V l� V15/�I.CJ SARA L. WHITE, City Clerk 0112,14W. MM12 EXHIBIT «A» REAL ESTATE CONTRACT Creek Bend Boulevard Right of Way State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between CIA LARA and CRELYNE WARNER, (referred to in this Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK, TEXAS (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the tract(s) of land described as follows: Lot 1, Block B, CREEK BEND PHASE 1, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet E, Slide 238, Plat Records of Williamson County, Texas; being more fully described in 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"), and any improvements and fixtures situated on and attached to the Property described in Exhibit "A", for the consideration and upon and subject to the terms, provisions, and conditions set forth below, ARTICLE YI PURCHASE PRICE Purchase Price 2,01. The Purchase Price for the Property described in Exhibit "A" and the acquisition of any improvements on the Property shall be the sum of TWO HUNDRED TWENTY THOUSAND and 00/100 Dollars ($220,000,00), 00306051.DOC Payment of Purchase Price 2.02. 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 conditions (any of which may be waived in whole or in part by Purchaser at or prior to the Closing). Miscellaneous Conditions 3.02. 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 REPRESENTATIONS AND WARRANTIES Or SELLER 4.01. 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, to the best of Seller's knowledge: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than previously disclosed to Purchaser; (b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; 4.02. The Property herein is being conveyed to Purchaser under threat of condemnation. N) ARTICLE V CLOSING Closing Date 5.01. The Closing shall be held at the office of Texas American Title Company on or before August 25, 2014, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the completion of any title curative matters if necessary for items as shown on the Title Commitment or in the contract (which date is herein referred to as the "Closing Date'). Seller's Obligations at Closing 5.02. At the Closing Seller shall: (1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Warranty Deed conveying good and indefeasible title in fee simple to all of the Property described in Exhibit "A", free and clear of any and all liens and restrictions, except for fine following: (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. The deed shall be in the form as shown in Exhibit `B" attached hereto. (2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring Grantee's fee simple and/or easement interests in and to the Property subject only to those title exceptions listed herein, 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", if applicable; 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 (3) Deliver to Purchaser possession of the Property. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall: (a) Pay the cash portion of the Purchase Price. Prorations 5.04. General real estate taxes for the then current year relating to the Property 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. Agricultural roll -back taxes, if any, shall be paid by Purchaser. Closing Costs 5.05. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser. (3) All other closing costs shall be paid by Purchaser. (4) 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 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 Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser. 4 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 satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, fiom 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 its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any failure by Purchaser. ARTICLE VIII MISCELLANEOUS Notice 8.01. 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. Texas Law to Apply 8.02. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the patties created hereunder are performable in 'Williamson County, Texas. Parties Bound 8.03. 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. Legal Construction 8.04. in case any one or more of the provisions contained in tlus 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. 5 Prior Agreements Superseded 8.05. 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. Time of Essence 8.06. Time is of the essence in this Contract. Gender 8.07. 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. Memorandum of Contract 8.08. Upon request of either party, the parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 8.09 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. Effective Date 8.10 This Contract shall be effective as of the date it is approved by the Round Rock city council or city manager, which date is indicated beneath the Mayor's or City Manager's signature below. Counterparts 8.11 This Contract may be executed in any number of counterparts, which may together constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered effective as originals for purposes of this Contract. 6 SELLER: Cia Lara Date: "' �a 7-/ eA Crelyne *a=7 - Date: -?- PURCHASER: CITY OF ROUND ROCK, TEXAS By:_ Its: Date: 7 i Addres't-:'� Address: 221 East Main St. Round Rock, Texas 78664 1 NOI133S f ON38 M33HO 1 101 0 0 V38V 83aNIVW38 55L01 oz 60 V38V/31V3 S5L'01 LbZ'0 NO111S1f100V NOSWV111111 a8VA31n08 ON30 M3380 ,OS = I ,11Ni100 103('08d 31V0S 83N8VM 3N31A3a3 30 AiH3dOHd JN I MOHS ldld 130M 1. ♦......,...II,f►..flf.Nf...f1 ��Vas3nHL N3HdRS Tl • • L-4� t i d0 �' IS PKI ITIS! 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Date: 12014 Grantor: CIA LARA and CRELYNE WARNER Grantor's Mailing Address (including county): 2401 Creek Bend Circle Round Rock, Texas 78681 Williamson County Grantee: CITY OF ROUND ROCK, TEXAS Grantee's Mailing Address (including county): Attn: City Manager 221 East Main Street Round Rock, Texas 78664 Williamson County CONSIDERATION: TEN AND NO/100 DOLLARS and other good and valuable consideration. PROPERTY (including any improvements): Lot 1, Block B, CREEI{ BEND PHASE I, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet E, Slide 238, Plat Records of Williamson County, Texas; being more fully described in Exhibit "A", attached hereto and incorporated herein. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; and any encroachments or overlapping of improvements; 00306056.000 Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor's heirs, executors, administrators and successors are hereby bound to warrant and forever defend all and singular the property to Grantee and Grantee's hens, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. This deed is being delivered in lieu of condemnation. When the context requires, singular nouns and pronouns include the plural. Cia Lara 0 Crelyne Wainer ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the ori day of , 2014, by Cia Lara and Crelyne Warner, in the capacity and for the put -poses anIcnsideration recited herein. Vy. TERRI WOODMMCY I mY COMMISSION EXPIRES ;;:•�;Y Notar Public State of Texas March 27 , 2017 PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 GRANTEE'S MAILING ADDRESS: City of Round Rock, Texas Attn: City Manager 221 East Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: