CM-04-10-066Request for City Council/City Manager Action
Please submit this form when placing items on the council agenda or when submitting an item to th
City
Manager
//br approval.
WIP
Department: Legal Project Manager/Resource: e: Bill Sibbletn ✓/"
Contact Person: Don Childs/Laura Levinson
Project Name: Highway 79 - Box Culvert
ContractorNendor Name: Tilden & Kimberly Baack
Amount: $15,000.00
Is Funding Required? Yes n No n
Council Agenda Item Yes
No n
Council Meeting Date:
Funding Source:
Assigned Attorney:
TCIP
Don Childs
(contract, agreement,amendment,change order purchase order,etc.)
Submission to City Manager - Yes n No n
(see required signatures below before submission to the City Manager)
Agenda Wording:
❑ Initial Construction Contract
▪ Construction Contract Amendment
▪ Change Order
n Change in Quantity
C Unforeseen Circumstances
• Initial Professional Services Agreement
▪ Supplemental Professional Svcs. Agr.
▪ Purchasing/Service Agreement
▪ Purchase Order
Item(s) to be purchased:
X❑
Amount
Other (Please clearly identify action on lines below
Authorization for City Manager to enter into contract with
Tilden & Kimberty Baack for the purchase of property for
the Highway 79 Box Culvert project.
$15,000.00
Ste 'C'; ,
Oca.
For Submission to City Manager Only I / �
Project Mgr. Signature: �y� L �10t-
Dept. Director Signature:
City Attorney Signature:
City Manager Signature:
Date
Date:
Date: i4/ VA(
Date: /044:041
Approval is required for all items requesting City Manager's approval.
Finance Approval ❑ Finance -Date and Signature:
O Purchasing -Date and Signature:
gladminislratonlcmgrcouncil action.xls 7-14-04
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: Bill Stablein
Contact Person: Don Childs/Laura Levinson Council Meeting Date:
Project Name: Highway 79 - Box Culvert Funding Source: TCIP
ContractorNendor Name: Tilden & Kimberly Baack Assigned Attorney: Don Childs
Amount: $15,000.00 (contract, agreement,amendment,change order, purchase order,etc.)
Is Funding Required?
Council Agenda Item
Submission to City Manager - Yes
Yes n No n
Yes n No n
X
No
(see required signatures below before submission to the City Manager)
Agenda Wording:
▪ Initial Construction Contract
❑ Construction Contract Amendment
▪ Change Order
Q Change in Quantity
n Unforeseen Circumstances
▪ Initial Professional Services Agreement
▪ Supplemental Professional Svcs. Agr.
▪ Purchasing/Service Agreement
• Purchase Order
Item(s) to be purchased:
X❑
Amount
Other (Please clearly identify action on lines below
Authorization for City Manager to enter into contract with
Tilden & Kimberly Baack for the purchase of property for
the highway 79 Box Culvert project.
$15,000.00
For Submission to City Manager Only
Project Mgr. Signature: Date:
Dept. Director Signature: Date:
City Attorney Signature: * Date:
City Manager Signature: Date:
*
Legal Approval is required for all items requesting City Manager's approval.
Finance Approval
Finance -Date and Signature: 10-12-04 L. Olsen
▪ Purchasing -Date and Signature:
gladministrationlcmgr-council actonxls 7-14-04
BLUE SHEET FORMAT
(Submission to City Manager)
DATE: October 7, 2004
SUBJECT: City Manager - October 8, 2004
ITEM: Authorization for the City Manager enter into a Real Estate
Contract for the purchase of right of way consisting of 0.32
acre drainage easement from Tilden & Kimberly Baack
(Parcel No. 3) for the Highway 79 Box Culvert Project.
Department: Legal
Staff Person: Steve Sheets/Don Childs
Justification: Authorization for the City Manager to enter into a
real estate contract with Baack for Hwy 79 Box
Culvert project.
Funding: N/A
Costs: $15,000.00
Source of funds: TCIP
Outside Resources: Sheets & Crossfield, P.C.
Background Information: This property holds an appraised value of
$3,378.00
Public Comment: N/A
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between TILDEN W.
BAACK AND KIMBERLY J. BAACK, (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, an easement across the tract(s) of land described as follows:
Drainage easement interest in the property described in ExhibiltA" attached hereto and made
a part hereof for all intents and purposes hereunto and in any wise pertaining, showing a waterline
easement being a 0.32 acre tract of land located in the Prior A. Holder Survey No. 9, Abstract No.
297, Williamson County, Texas, and being all of a called 0.317 acre tract described in deed to Tilden
W. Baack and Kimberly J. Baack, recorded in Document No. 2000036940, Official Public Records
of Williamson County, Texas; said 0.32 acre tract being more particularly described by metes and
bounds as indicated.
This purchase is 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 FIFTEEN THOUSAND and
no/100 Dollars ($15,000.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the closing.
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(00073481). WPO/sls
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.)
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 promptly undertake 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.
Survey
3.03. Within ten (10) days from the date hereof, Purchaser, at Purchaser's sole cost and
expense, shall cause 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 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
written notice of this fact. Seller shall promptly undertake to eliminate or modify all the unacceptable
portions to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten
(10) days after receipt of written notice, 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. Purchaser's failure to give Seller this written notice
shall not be deemed to be Purchaser's acceptance of the survey.
Miscellaneous Conditions
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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
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, except for holders of easement interest;
(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
September 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 Drainage Easement in the form
as set out in Exhibit "B" attached hereto conveying good and marketable easement interest 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.
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(2) Upon request by Purchaser, 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 easement interest 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;" 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 if not previously done.
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 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
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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.
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 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
5
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.
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 City's signature below.
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Counterparts
9.11 This Contract may be executed in any number of counterparts.
Possession and Use Agreement
9.12 By signing this Contract, Seller agrees to allow Purchaser to use and possess the
Property for the purpose of constructing and/or improving a drainage easement and related
facilities, upon full execution of this contract.
SELLER:
>- 6- Z -V-Oy
Tilden W. Baack Date
PURCHASER:
CITY OF ROUND ROCK
By:
I.12 -I v
11
Date
. Nuse, E.E., City Manager
221 AIN STREET
ROUN P ROCK, TEXAS 78664
Date:
7
ro-6504