CM-04-10-058Request 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.
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Department: Legal Project Manager/Resource: David Bartels
Contact Person: Steve Sheets/Laura Levinson Council Meeting Date:
Project Name: Sam Bass Road Improvement Funding Source:
ContractorNendor Name: Assigned Attorney:
Amount: $5,046.44
Is Funding Required?
Council Agenda Item Yes /n .. ''� n/� •
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Yes X No
GO Bonds
Steve Sheets
(contract, agreement,amendment,change order, purchase order,etc.)
No X❑ /o -/-O
Submission to City Manager - Yes El No ❑
(see required signatures below before submission to the City Manager) lethaiYut,Gt.644.r.nat
e
▪ Initial Construction Contract
▪ Construction Contract Amendment
❑ Change Order
n Change in Quantity
0 Unforeseen Circumstances
❑ Initial Professional Services Agreement
ElSupplemental Professional Svcs. Agr.
❑ Purchasing/Service Agreement
▪ Purchase Order
Item(s) to be purchased:
aaddl
J. ka) : /traAirafp
Amount
X❑ Other (Please clearly identify action on lines below) $5,046.44
Agenda Wording: City Manager to enter into a real estate contract for the purchase of right-of-way
from Apline Cottage, Inc. for the widening and improvement of Sam Bass Road.
For Submission to City Ma ger Only
Project Mgr. Signature:
Dept. Director Signature:
City Attorney Signature:
City Manager Signature:
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Date`:1
Date:
Date:
Date:
9a /ay
* Legal Approval is required for all items requesting City Manager's approval.
Finance Approval ❑ Finance -Date and Signature:
• Purchasing -Date and Signature:
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: Legal Project Manager/Resource: David Bartels
Contact Person: Steve Sheets/Laura Levinson Council Meeting Date:
Project Name: Sam Bass Road Improvement Funding Source:
ContractorNendor Name: Assigned Attorney:
Amount:
GO Bonds
Steve Sheets
$5,046.44 (contract, agreement,amendment,change order, purchase order,etc.)
Is Funding Required? Yes
Council Agenda Item Yes
Submission to City Manager - Yes
X
X
No
No
No
X
(see required signatures below before submission to the City Manager)
❑ Initial Construction Contract
▪ Construction Contract Amendment
▪ Change Order
O Change in Quantity
n Unforeseen Circumstances
▪ Initial Professional Services Agreement
❑ Supplemental Professional Svcs. Agr.
▪ Purchasing/Service Agreement
ElPurchase Order
Item(s) to be purchased:
Amount
X❑ Other (Please clearly identify action on lines below) $5,046.44
Agenda Wording: City Manager to enter into a real estate contract for the purchase of right-of-way
from Apline Cottage, Inc. for the widening and improvement of Sam Bass Road.
For Submission to City Manager Only
Project Mgr. Signature: Date:
Dept. Director Signature: Date:
City Attorney Signature: * Date:
City Manager Signature: Date:
* Legal g Approval is required for all items requesting City Manager's approval.
Finance Approval ID Finance -Date and Signature: Lynn Olsen by N. Jones 9/30/2004
ElPurchasing -Date and Signature:
BLUE SHEET FORMAT
(City Manager Approval Form)
DATE: September 30, 2004
SUBJECT: City Manager Approval - October 1, 2004
ITEM: Authorization for the City Manager to execute a Real
Estate Contract for the purchase of 0.024 acre tract of
land from Alpine Cottage, Inc. for the widening and
improvement of Sam Bass Road.
Department: Legal
Staff Person: Steve Sheets/Laura Levinson
Justification: Purchase Right-of-way from Alpine Cottage, Inc. for the
widening and improvement of Sam Bass Road.
Funding: GO Bonds
Cost: $5,046.44
Source of funds: Round Rock Transportation System Development Corp.
Outside Resources: Sheets & Crossfield, P.C.
Background Information: Widening and improvement of Sam Bass Road.
Public Comment: N/A
Blue Sheet Format
Updated 01/20/04
Sam Bass Road -parcel)
REAL ESTATE CONTRACT
Sam Bass Road
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between ALPINE
COTTAGE, 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:
0.024 acre tract of land situated in the J.M. Harrell Survey, Abstract No. 284, in Williamson
County, Texas, being more fully described by metes and bounds in Exhibit "A", attached
hereto and incorporated herein (Parcel 1);
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 which
are not removed by Seller, for the consideration and upon and subject to the terms, provisions, and
conditions set forth below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of FIVE THOUSAND FORTY SIX
and 44/100 Dollars ($5,046.44).
Special Provisions
2.02 At no time during the construction of the Sam Bass Road project by Purchaser shall
Seller be denied reasonable access and/or ingress to or egress from Seller's remaining property for the
current uses of such property.
WPFDesktop\::OLMA/WORLDOX/0:/WCOX/CORR/TFAWSPRT/SAMBASS/PAR1AL-1/30NTRACT/000]3988. WPO/sls
Cm -04-/0-058
Sam Bass Road—parcel 1
As an obligation which shall survive the closing of this transaction, Purchaser agrees
to purchase, plant, and maintain four (4) 3 -inch oak trees on the Property as part of the project on the
Property and adjacent right of way.
Payment of Purchase Price
2.03. 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 maybe waived
in whole or in part by Purchaser at or prior to the closing.)
Preliminary Title Commitment
3.02. Purchaser, at Purchaser's sole cost and expense, has caused the Austin Title Company,
Round Rock office ("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, after notice of such
unsatisfactory condition Seller 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 prior to the
closing date or by other date as agreed to between the parties, 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.
Survey
3.03. Purchaser, at Purchaser's expense, has caused to be delivered a current plat of 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, 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.
If any portion of the survey is unacceptable to Purchaser, then Purchaser shall give Seller
notice of this fact. Seller shall provide Purchaser with any assistance reasonably requested as
necessary to eliminate or modify such matters.
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Sam Bass RomFparcel 1
In the event Seller is unable to do so prior to the closing date or by other date as agreed to
between the parties, Purchaser may terminate this Contract and the Contract shall thereupon be null
and void for all purposes and the Escrow Deposit shall be returned by the title company to Purchaser,
as provided in Article VII.
Miscellaneous Conditions
3.04. 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 the best of
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 as previously disclosed;
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and
restrictions relating to the Property, or any part thereof;
The Property herein is being conveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the office of Austin Title, Round Rock office, on or before
October 25, 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").
3
Sam Bass Road -parcel 1
Seller's Obligations at Closing
5.02. At the closing Seller shall:
(I) 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:
(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 Austin Title, 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
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;"
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.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall 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. All special taxes
4
Sam Bass Road—parcel 1
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:
(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 Five Hundred Dollars ($500.00),
the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches
this Contract as provided in Article 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 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.
5
Sam Bass Road parcel 1
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, 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
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 maybe, 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.
6
Sam Bass Road—parcel 1
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.
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 City of Round Rock,
which date is indicated beneath the City's signature below.
7
Sam Bass Road—parcel 1
SELLER:
ALPINE COTTAGE, INC.
Date: D f- 291-0
PURCHASER:
CITY OF ROUND ROCK
By:
mes Nuse, P.E.
ty Manager
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date: 10-1-0q1
8
EXHIBIT "A"
Field Notes for Parcel 1
Alpine Cottage, Inc.
to
City of Round Rock
(for Street Purpose)
BEING 0.024 OF ONE ACRE (1062 S.F.) OF LAND, MORE OR LESS, OUT OF AND A
PART OF THE J.M. HARRELL SURVEY, ABSTRACT No. 284 IN WILLIAMSON COUNTY,
TEXAS, SAME BEING A PORTION OF THE TRACT CONVEYED TO ALPINE COTTAGE, INC.
2Y DEED FILED FOR RECORD ON DECEMBER 29, 1987, RECORDED IN VOLUME 1616,
PAGE 290 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.024
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 cotton spindle set in the proposed north line of Sam Bass Road, same
being in the east line of Wonder Drive and in the west line of the tract conveyed to
Alpine Cottage, Inc., by deed recorded in Volume 1616, Page 290 of the Official Records
of Williamson County, Texas, same also being South 35°06'45" East, a distance of 129.67
feet from the northwest corner of said Alpine Cottage, Inc. tract, 37.48 left cf and at
right angles to the Engineer's Centerline Station 5+09.40, for the Point of Beginning
and the northwest corner of the herein described tract of land;
1) THENCE, North 88°36'47" East, a distance of 78.24 feet, with the proposed north
line of Sam Bass Road, to a 1/2 inch iron pipe found 37.21 left of and at right angles
to the Engineer's Centerline Station 5+87.64, same being a corner in the existing north
line of Sam Bass Road, same also being in an aasterly line of said Alpine Cottage, Inc.
tract and the southwest corner of Lot 1, Kilgore Subdivision recorded in Cabinet L,
Slide 350 of the Plat Records of Williamson County, Texas, conveyed to Ramesh. C.
Appareddy and Vijayalakshmi Appareddy by deed recorded in Document 2000072456 of the
Official Public Records of Williamson County, Texas, for the northeast corner of the
herein described tract of land;
2) THENCE, South 21°34'03" East, a distance of 15.41 feet, with the existing north
line of Sam Bass Road and an easterly line of said Alpine Cottage, Inc. tract, to a 1/2
inch iron pipe found at a corner in the existing north line of Sam Bass Road, same
being the southeasterly corner of said Alpine Cottage, Inc. tract, for the southeast
corner of the herein described tract of land;
3) THENCE, South 89°24'54" West, a distance of 74.61 feet, with the existing north
line of Sam Bass Road and the south line cf said Alpine Cottage, Inc. tract, to a 1/2
inch iron pipe found at a corner in the existing north line of Sam Bass Road, same
being the southwesterly corner of said Alpine Cottage, Inc_ tract, for the southwest
corner of the herein described tract of land;
4) THENCE, North 35°06'45" west, a distance cf 16.14 feet, with the existing north
line of Sam Bass Road, and the west line of said Alpine Cottage, Inc. tract, to the
Point of Beginning and containing an area of 0.024 of cne acre of land, more or less.
ktu1/449,44 0.
Eduardo 0- Mendez
Registered Professional Land Surveyor 5010
Martinez, Wright & Mendez, Inc.
770C Chevy Chase Drive, Suite 103
Austin, Texas 78752 (512)453-0767
////cies
Date
Bearing Basis: State Plane, Central Zone, NAD 83 (HARN)
WCAD No.: R055599
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1".= 50
15' PUBLIC UTILITY EASEMENT
CAB. L, SL. 350\ \
PRWCT\ ,
5' PUBLIC UTILITY EASEMENT
CAB. L, SL. _35•`0\ \
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ALPINE CO TAGE, INC
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ALPINE COTTAGE, INC. a, \
1616/290: .
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6' ° 0 1 RAMESH C. APPAREDDY
mss,°o; PARCEL i U \ VI„AYA.LAKSHM APPAREDDY
`�\� 0 , DOC.# 2000072456
\j7,5, 0.024 ACRES cci_ \
OFRWCT
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37.21' LT
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\ 15.41'
LEGEND
• 1/2" IRON ROD FOUND
(UNLESS NOTED)
O 1/2' IRON ROD
SET W/ALUMINUM CAP
& 600 NAIL FOUND (UNLESS NOTED)
• 1/2" PIPE FOUND (UNLESS NOTED)
▪ COTTON SPINDLE SET
A CALCULATED POINT
EXISTING PROPERTY LINE
EXISTING EASEMENT LINE
PROPOSED R.J.W. TAKING
RECORD INFORMATION
OPRWCT OFFICIAL PUJ IC RECORDS OF
WILLIAMSCN COUNTY, TEXAS
OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS
NEC RECORDS OF
WILLIAMSON COUNTY, TEXAS
PLAT RECORDS OF
WI'_LIAMSON COUNTY, TEXAS
PARCEL NUMBER
ORWCT
DRWCT
PRWCT
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KILGORE SUBDIVISION
CAB. L, EL. 350
PRWCT
POINT OF
BEGINNING
N=10162505.30
EXISTING: 0.32 ACRES \E=3128270.21
TAKING: 0.024 ACRES STA. 5+09.40
REMAINDER: 0.296 ACRES
— — — --3 /.48' LT
N35'06'45"W
RECORD INFORMATION PROVIDED BY:
AUSTIN TITLE COMPANY
101 E. OLD SETTLERS BLVD., SUIT_ )E".00
ROUND ROCK, TEXAS 78664
PHONE (512) 255-3343
GF #224408-H
(N89'00100"W 75.00')
589'24'54'W 74.61'
SAM BASS ROAD
(R.G.w. w.aR ES'.
THE FOLLOWING EASEMENT MAY APPLY TO PARCEL 1
AREA, BUT CANNOT BE LOCATED FROM RECORD DATA;
ELECTRIC TRANSMISSION AND DISTRIBUTION EASEMENT
AND RIGHT OF WAY GRANTED TO TEXAS POWER AND
POWER AND LIGHT, VOLUME S62, PAGE 85, DRWCT
-HESE SURFACE COORDINATES WERE MODIFIED FROM GRID
STATE PLANE COORDINATES, CENTRAL ZONE, NAD 83 (HARN)
BY DIVIDING BY AN ADJUSTMENT FACTOR OF 0.99995
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FIELD NOTES
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DATE 14OCT 03
JOB NO: 70212-10
`LE ROWPM1
WILLIAMSON COUNTY, TEXAS
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