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Request for City Council/City Manager Action
Please submit this form when placing items on the council agenda or when submitting an item to the City Manager for approval.
Department:
Contact Person:
Project Name:
Legal Project Manager/Resource: Steve Sheets
Don Childs
Sam Bass Road
ContractorNendor Name: Northwest Petroleum
Amount:
Council Meeting Date:
Funding Source:
Assigned Attorney:
NA
:1111.
Don Childs
$9,500.00 (contract, agreement,amendment,change order, purchase order,etc.)
Is Funding Required?
Council Agenda Item Yes No
Submission to City Manager - Yes X No
Yes X No
X
(see required signatures below before submission to the City Manager)
Agenda Wording:
▪ Initial Construction Contract
• Construction Contract Amendment
ElChange Order
n Change in Quantify
n Unforeseen Circumstances
▪ Initial Professional Services Agreement
▪ Supplemental Professional Svcs. Agr.
• Purchasing/Service Agreement
ElPurchase Order
Item(s) to be purchased:
• Other (Please clearly identify action on lines below)
Amount
Execution of real estate contract for the purchase of right of way from
Northwest Petroleum for the expansion of Sam Bass Road.
G 12 2004
For Submission to City Manager Only
Project Mgr. Signature:
Dept. Director Signature:
City Attorney Signature:
City Manager Signature:
Date:
Date:
Date: r
Date: r th1C�-�
I Approval is required for all items requesting City Manager's approval.
Finance Approval
x❑ Finance -Date and Signature: L. Olsen 08-11-04
• Purchasing -Date and Signature:
gladministraton/cmgrcouncil actionxls 7-14-04
DATE:
BLUE SHEET—City Manager Action
August 10, 2004
SUBJECT: City Manager action—August 13,2004
ITEM:
Authorization for the City Manager to execute a real
estate contract for the purchase of right of way from
Northwest Petroleum for the expansion of Sam Bass Road
(parcel 4).
Department: Legal
Staff Person: Steve Sheets/Don Childs
Justification: To allow for purchase of right of way necessary for Sam
Bass Road expansion project.
Funding:
Cost: $9,500
Source of funds: 2002 GO Bonds
Outside Resources: Sheets & Crossfield, P.C.
Public Comment: N/A
Acquisition summary: Appraised value for this acquisition was
$8,632. The landowner had requested a contract price of $9,500 for
approval, due to higher estimated landscaping costs.
Blue Sheet Format
Updated 01/20/04
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between NORTHWEST
PETROLEUM I, L.P., A TEXAS LIMITED PARTNERSHIP, SUCCESSOR IN INTEREST OF
NORTHWEST PETROLEUM, INC., (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:
All of the property described by metes and bounds 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"). This purchase also includes any improvements and fixtures situated on and attached to
the Property, for the consideration and upon and subject to the terms, provisions, and conditions set
forth below.
ARTICLE H
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of NINE THOUSAND FIVE
HUNDRED and no/100 Dollars ($9,500.00).
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.)
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1
Preliminary Title Commitment
3.02. Within twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and
expense, shall have caused the Austin Title Company ("Title Company") to issue a preliminary title
report (the "Title Commitment") accompanied by copies of all recorded documents relating to
easements, rights-of-way, etc., affecting the Property. In the event that title to the property is not
satisfactory to Purchaser, Seller shall provide reasonable assistance, at the expense of Purchaser, to
eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser, or shall
provide Purchaser with any assistance reasonably requested as necessary to eliminate or modify such
matters. In the event Seller is unable to do so within thirty (30) days after receipt of notice, Purchaser
may terminate this Contract and it shall thereupon be null and void for all purposes and the Escrow
Deposit shall be forthwith returned by the title company to Purchaser, as provided in Article VII.
Purchaser's failure to give Seller this notice shall not be deemed to be Purchaser's acceptance of the
Title Commitment.
Miscellaneous Conditions
3.03. 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
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, to Seller's
knowledge:
(1) There are no parties in possession of any portion of the Property as lessees, tenants at
sufferance, or trespassers other than Seller;
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and
restrictions relating to the Property, or any part thereof;
(3) The Property herein is being conveyed to Purchaser under threat of condemnation.
Purchaser hereby specifically acknowledges and agrees that the Property is subject to a
mortgage in favor of Frost Bank and Purchaser shall be responsible (with reasonable cooperation of
Seller), at Purchaser's sole expense to obtain release of such mortgage as the same affects and
encumbers the Property.
ARTICLE V
2
CLOSING
Closing Date
5.01. The closing shall be held at the office of Austin Title, Round Rock office, on or before
August 30, 2004, 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 (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 Purchaser a duly executed and acknowledged Special Warranty Deed conveying
good and marketable title in fee simple; subject, however, to all matters of records to all of the
Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and
restrictions, except for the following:
funds.
(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 possession of the Property.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay to Seller the purchase price in immediately available
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. All special taxes or
assessments to the closing date shall be paid by Seller. 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:
3
(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
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the terms and provisions of
this Contract, Purchaser has delivered to Title Company the sum of One Thousand Dollars
($1,000.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event
Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow
Deposit shall be paid over to Seller and applied to 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 VII
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 shall be forthwith returned by the title company to Purchaser.
ARTICLE VIII
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, if any, 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.
ARTICLE IX
MISCELLANEOUS
Notice
4
9.01. 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
9.02. 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
9.03. 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
9.04. 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.
Prior Agreements Superseded
9.05. 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
9.06. Time is of the essence in this Contract.
Gender
9.07. 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
9.08. Upon request of either party, both parties shall promptly execute a memorandum of
this Contract suitable for filing of record, to be prepared at the cost of Purchaser..
5
Compliance
9.09 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
9.10 This Contract shall be effective as of the date it is approved by the Round Rock City
Council, which date is indicated beneath the signature below.
SELLER:
NORTHWEST PETROLEUM I, L.P., A TEXAS LIMITED
PARTNERSHIP, SUCCESSOR IN INTEREST OF
NORTHWEST PETROLEUM, INC.
By: Fuel Management GP LLC, a Texas Limited Liability
Company, ils funeral P tner
By:
Null Malik, President
Date:
Y/3/0
PURCHASER:
CITY OF ROUND ROCK
By:
Jam s Nuse, P.E., City Manager
2 E. MAIN STREET
RO D ROCK, TEXAS 78664
Date 8-13-051
'
6
Exhibit "A"
Field Notes for Parcel 4
Northwest Petroleum, Inc.
To
City of Round Rock
(for Street Purpose)
BEING 0.017 OF ONE ACRE (743 S.F.) OF LAND, MORE OR LESS, OUT OF
AND A PART OF THE JACOB M. HARREL SURVEY, ABSTRACT No. 284 IN
WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF LOT 1, BLOCK A,
REPLAT OF LOT 3 KILGORE SUBDIVISION, RECORDED IN CABINET M, SLIDE
197 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, CONVEYED TO
NORTHWEST PETROLEUM, INC. BY DEED FILED FOR RECORD ON SEPTEMBER
11, 1996, RECORDED IN DOCUMENT NO. 9648621 OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.017 OF ONE ACRE OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS AND AS SHOWN ON THE ATTACHED SKETCH:
BEGINNING at a 1/2 inch iron rod with aluminum cap set in the proposed north
line of Sam Bass Road, same being in a southwest line of Lot 1, Block A,
Resubdivision of Lot 3 Kilgore Subdivision recorded Cabinet M, Slide 197 of
the Plat Records of Williamson County, Texas conveyed to Northwest Petroleum,
Inc. by deed recorded in Document No. 9648621 of the Official Records of
Williamson County, Texas and in a northeasterly line of the tract conveyed to
William R. Crisp and Sharlyne Crisp by deed recorded in Document 9731010 of
the Official Records of Williamson County, Texas, same also being South
21°43'05" East, a distance of 125.98 feet, from a 1/2 inch iron pipe found at
a corner of said Lot 1, Block A, 43.60 feet left of and at right angles to
the Engineer's Centerline Station 9+0.84, for the Point of Beginning and the
most westerly corner of the herein described tract of land;
1) THENCE, North 67°17'55" East, a distance of 140.83 feet, with the
proposed north line of Sam Bass Road, to a 1/2 inch iron rod with aluminum
cap set 48.84 feet left of and at right angles to the Engineer's Centerline
Station 10+42.57 for the point of curvature of a circular curve to the left;
2) THENCE, along said curve to the left of 17.93 feet radius, an arc
distance of 27.76 feet, having an angle of intersection cf 88°41'47" (the long
chord of said curve bears North 22°57'02" East, a distance of 25.07 feet) to a
1/2 inch iron pipe found 67.02 feet left of and at right angles to the
Engineer's Centerline Station 10+59.83, same being in the west line of
Chisholm Trail, same also being in the northeast line of said Lot 1, Block A,
for the point of curvature of a non -tangent circular curve to the right and
the most northerly corner of the herein described tract of land;
3) THENCE, with the west line of Chisholm Trail and a southeasterly line
of said Lot 1, Block A, along said curve to the right of 25.00 feet radius,
an arc distance of 39.59 feet, having an angle of intersection of 90°43'45"
(the long chord of said curve bears South 24°06'53" West, a distance of 35.58
feet) to a 1/2 inch iron pipe found in the existing north line of Sam Bass
Road, same being in a southeasterly line of said Lot 1, Block A, for the
point of tangency;
4) THENCE, South 69°05'35" West, a distance of 114.19 feet, with the
existing north line of Sam Bass Road and a southeasterly line of said Lot 1,
Block A, to a 1/2 inch iron pipe found for a corner;
T:1Project$V02i2\Field Notes \PPS4f'_dn.doc
Page 1 of 3
5) THENCE, South 69°05'20" West, a distance of 18.73 feet, to a 1/2 inch
iron pipe found at the most southerly corner of said Lot 1, Block A, same
being in a northeasterly line of said Crisp tract, tor the most southerly
corner of the herein described tract of land;
6) THENCE, North 21°43'05' West, a distance of 2.66 feet, with the
southwest line of said Lot 1, Block A and the northeasterly line of said
Crisp tract, to the Point of Beginning and containing an area of 0.017 of one
acre of land, more or less;
/7ditA(XA4P4 NW -1H
Eduardo O. Mendez
Registered Professional Land Surveyor 5010
Martinez, Wright & Mendez, Inc.
7700 Chevy Chase Drive, Suite 100
Austin, Texas 78752
(512) 453-0767
Date
Bearing Basis: State Plane, Central Zone, NAD 83 (HARN)
WCAD No.: R351993
T:\Projects\ 0212\Field Notes \PaR4Cit.doc
Page 2 of 3
SCALE:
1"=50'
01
= 88'41'47"
R = 17.93
T = 17.53
A = 27.76
C = 25.07
CB = N22"57'02"E
C2\ `\ \
90'43'45' (90'25'30")
25.00 (25.00)
25.32
39.59 (35.46)
35.58 (35.49)
S24'06'53" JS25'43'W)
3
ts-
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/ NORTHWEST PETROLEUM, INC.
DOC.# 9648621
ORWCT
P 191
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511
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LOT 1 �\
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WILLIAM R. CRISP JR. \ REPLAT OF LOT 3 /et
/D00.# 97311010P0.,
� �p \ KILGORE SUBDIVISION ��^���
oRwCT Q CAB. M, SL 197
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POINT OF BEGINNING
\N=10162576.95
E=3128638.51
STA. 9+0.84
43. 0' LT
c^ r \ E- Q/•
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N21'43'05"W 2.66'
521'44'24"E 14.97
RECORD INFORMA OT7 N PROVIDED BY:
AUSTIN TITLE COMPANY
101 E. OLD SETTLERS BLVD., SUITE #100
ROUND ROCK, TEXAS 78664
PHONE (512) 255-3343
GF #224413-N
THESE SURFACE COORDINATES WERE MODIFIED FROM GRID
STATE PLANE- COORDINATES, CENTRAL ZONE, NAD 83 (HARN)
BY DIVIDING BY AN ADJUSTMENT FACTOR OF 0.99995
69 55Y3 . 0.017 ACRES
LEGEND
• 1/2 IRON ROD FOuND
(UNLESS NOTED)
O 1/2" IRON ROD
SET W/ALUMINUM CAP
A 50D NAIL FOUND (UNLESS NOTED)
1/2' PIPE FOUND (UNLESS NOTED)
A CALCULATED POINT
EXISTING PROPERTY LINE
EXISTING EASEMENT LINE
PROPOSED R.O.W. TAKING
RECORD INFORMATION
OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
ORWCT OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS
DRWCT DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS
PRWCT PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS
PUBIC UTILITY EASEMENT
OPRWCT
PARC NUMBER
STA. 10+59.83
67.02' LT
00
10)r
S69'05'20"W 18.73' Pg\ES)
(a'oo.6Ro ` 0
gP
SPM
EXISTING: 1.58 AC
TAKING: 0.017 AC
REMANDER: 0.410 AC
Irl°3
WARTINEZ
WRIGHT St.
-A MENDEZ
Civil Engineering, Lent Surv.yie3, Architecture
CHEvr CHASE ONE
7700 Chevy Chose Drive
Suite 100, Aisle..e,03 >a,c,
00) 512.9510767 1m) 52400:734
SKETCH TO ACCOMPANY
FIELD NOTES
DAs 2SEPOS
Jae NO, 70212-10
sne ROYAP4R4
WILLIAMSON COUNTY, TEXAS
3
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