CM-04-10-067Request for City Council/City Manager Action
Please submit this form when placing items on the council agenda or when
Department:
Contact Person:
Project Name:
ContractorNendor Name
Amount:
Legal
Steve Sheets/Laura Levinson
Sam Bass Road Improvement
$30,770.00
Is Funding Required? Yes
Council Agenda Item Yes
Submission to City Manager - Yes
X
X
Non
No n
No n
submitting (tryite7n tithe C,
Project Manager/Resource,
Council Meeting Date:
Funding Source:
Assigned Attorney:
(contract, agreement,amend
(see required signatures below before submission to the City Manager)
Agenda Wording:
❑ Initial Construction Contract
❑ Construction Contract Amendment
❑ Change Order
0 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❑ Other (Please clearly identify action on lines below)
Amount
tl Manager foray
If
David Bartels
GO Bonds
Steve Sheets
me hange or er, purchase order,etc.)
Ac'�J� cam) ,�c[/�J
vc,..2b
/(JfX
$30,770.00
City Manager to enter into a real estate contract for the purchase of right-of-way
from William & Sharlyne Crsip (Eagle Office Products) for the widening and
improvement of Sam Bass Road
For Submission to Cit
Project Mgr. Signature;
Dept. Director Signature'
City Attorney Signature:
City Manager Signature:
Mager On
Finance Approval
El
k-'
Date: 1
Date:
IiJctj
Date:Mr/i y
Date: /0-1c
g Approval is required for all items requesting City Manager's approval.
Finance -Date and Signature:
Purchasing -Date and Signature:
gladministrationlcmgrcouncil 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: David Bartels
Contact Person: Steve Sheets/Laura Levinson
Project Name: Sam Bass Rd. Improvement
Council Meeting Date: na
Funding Source: 2002 GO Bonds
ContractorNendor Name: Assigned Attorney: Steve Sheets
Amount: $30,770.00 (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
0 Change in Quantity
n Unforeseen Circumstances
▪ Initial Professional Services Agreement
ElSupplemental Professional Svcs. Agr.
▪ Purchasing/Service Agreement
▪ Purchase Order
Item(s) to be purchased:
x❑ Other (Please clearly identify action on lines below)
Amount
$30,770.00
Agenda Wording: City Manager to enter into a real estate contract for the purchase of right of way
from William and Sharlyne Crisp (Eagle Office Products) for the widening and improvement
of Sam Bass Rd
For Submission to City Manager Only
Project Mgr. Signature: Date:
Dept. Director Signature: Date:
City Attorney Signature: * Date:
City Manager Signature: Date:
* Legal eq Approval is required for all items requesting City Manager's approve/.
Finance Approval
Finance -Date and Signature:
A0-13-04 L. Olsen
❑ Purchasing -Date and Signature:
yadministrationlcmgr-council actian.xls 7-14-04
DATE:
BLUE SHEET FORMAT
(City Manager Approval Form)
October 5, 2004
SUBJECT: City Manager Approval - October 8, 2004
ITEM:
Authorization for the City Manager to execute a Real
Estate Contract for the purchase of 0.038 acre tract of
land out of the .7.M Harrel Survey from William & Sharlyne
Crisp for the widening and improvement of Sam Bass
Road.
Department: Legal
Staff Person: Steve Sheets/Laura Levinson
Justification: Purchase Right-of-way from William & Sharlyne Crisp
(Eagle Office Products)for the widening and improvement
of Sam Bass Road.
Funding: GO Bonds
Cost: $30,770.00
Source of funds: Round Rock Transportation System Development Corp.
Outside Resources: Sheets & Crossfield, P.C.
Background Information: Widening and improvement of Sam Bass Road.
This contract is for $30,770.00, which is the
appraised value of the property.
Public Comment: N/A
Blue Sheet Format
Updated 01/20/04
Sam Bass-parcel3
REAL ESTATE CONTRACT
Sam Bass Road
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between WILLIAM R.
CRISP AND SHARLYNE CRISP, (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:
0.038 acre tract of land situated in the Jacob M. Harrel 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 3);
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 THIRTY THOUSAND SEVEN
HUNDRED SEVENTY and 00/100 Dollars ($30,770.00).
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the closing.
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ORLVOX/O:/WCOX/CORR/T A SPRT/SAMBASS/PAR3CR-1/LNTRACr/00073512.WPD/51s
Sam Bass pa 13
Special Provisions/Compensation
2.04. As an obligation which shall survive the closing of this transaction, Purchaser agrees
to reconstruct a 28' foot wide driveway entrance from the remaining property to the adjacent roadway
improvements as part of the Sam Bass Road project, at the centerline of the existing driveway
entrance, or at such other location as agreed to between Seller and Purchaser.
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. 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.
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.
2
San Bus -parcel 3
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").
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 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;
3
Sans Bass-parcel3
(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
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:
( I ) Owner's Title Policy and survey to be paid by Purchaser.
(2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
4
Sam Baas—parcel 3
(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.
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.
5
Sam Hass—parcel3
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, retum 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.
6
Sam Bass—parcel 3
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.
SELLER:
William R. Crisp
1 r,
Sharl}e C '
�w
Date: (o- oy- Dy
PURCHASER:
CITY OF ROUND ROCK
By:
ames Nuse, P.E.
ty Manager
221 E. MAIN STREET
ROUND ROC . , T ' AS 78664
Date: 01
7
Address: .3 / 2— 54m (3455 g.t0
/eio&,o 2oalL_ Ty'
Address: 8/A £Mt ASs Ra
Rouno , ccx c86e/
EXHIBIT "A"
Field Notes for Parcel 3
William R. Crisp, Jr.
and Sharlyne Crisp
To
City of Round Rock
(for Street Purpose)
BEING 0.038 OF ONE ACRE (1658 S.F.) OF LAND, MORE OR LESS, OUT OF
AND A PART OF THE JACOB M. HARREL SURVEY, ABSTRACT No. 284 IN
WILLIAMSCN COUNTY, TEXAS, SAME BEING A PORTION OF THE TRACT
CONVEYED TO WILLIAM R. CRISP, JR. AND SHARLYNE CRISP FILED FOR
RECORD ON JULY 10, 1997, RECORDED IN DOCUMENT 9731010 OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.038 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 pipe found at the intersection of the proposed
north line of Sam Bass Road with the existing north line of Sam Bass Road,
same being in a southwesterly line of the tract conveyed to William R. Crisp,
Jr. and Sharlyne Crisp by deed recorded in Document 9731010 of the Official
Records of Williamson County, Texas and at the most easterly 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, same also being South 21°22'22" East, a
distance of 126.04 feet from a 1/2 inch iron pipe found at the most westerly
corner of said Crisp tract, 39.84 feet left of and at right angles to the
Engineer's Centerline Station 8+01.32 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 100.04 feet, with the
proposed north line of Sam Bass Road, to a 1/2 inch iron rod with cap set
43.60 feet left of and right angles to the Engineer's Centerline Station
9+01.84, in a northeasterly line of said Crisp tract, same being in a
southwesterly line 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 recorded in Document4
9648621 of the Official Records of Williamson County, Texas for the most
northerly corner of the herein described tract of land;
2) THENCE, South 21°43'D5" East, a distance of 2.66 feet, with a
northeasterly line of said Crisp tract and a southwesterly line of Lot 1,
Block A, of said Replat of Lot 3 Kilgore Subdivision, to a 1/2 inch iron pipe
found 40.97 left of and at right angles to the Engineer's Centerline Station
9+01.88, for a corner in the existing north line of Sam Bass Road;
3) THENCE, South 21°44'24" East, a distance of 14.97 feet, to a 1/2 inch
iron pipe found at a corner in the existing north line of said Sam Bass Road,
same being the most easterly corner of said Crisp tract, for the most
easterly corner of the herein described tract of land;
4) THENCE, South 68°24'57" West, a distance of 79.93 feet, with the
existing north line of Sam Bass Road and a southeasterly line of said Crisp
tract to a calculated point for a corner;
5) THENCE, South 70°31'57" West, a distance of 19.98 feet, to a 1/2 inch
iron pipe found at a corner in the existing north line of Sam Bass Road, same
Tr\Projects\7)2122\Field Notes\FM3f1d_doc
Page 1 of 3
being the most southerly corner of said Crisp tract, for the most southerly
corner of the herein described tract of land;
6) THENCE, North 22°16'36" West, a distance of 14.94 feet, with the
existing north line of Sam Bass Road and a southwesterly line of said Crisp
tract, to the Point of Beginning, and containing an area of 0.038 of one acre
of land, more or less.
EduardoediVaAia Mendez• ' Ail$
Registered Professional Land Surveyor 5010
Martinez, Wright S Mendez, Inc.
7700 Chevy Chase Drive, Suite 100
Austin, Texas 78752
(512) 453-0767
Bearing Basis: State Plane, Central Zone, NAC 83 (HARN)
WCAD No.: R351993
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Page 2 of 3
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KILGORE SUBDIVISION
CAB. L, SL. 350
PRWCT
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LOT 1
--BLOCK A
REPLAT OF LOT 3
KILGORE SUBDIVISION
CAB. M, SL.. 197
PRWCT
NORTHWEST PETROLEUM, INC
DOC.# 9648621
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RAMESH C. APPAREDDY\ 1-3 t3-
VIJAYALAKSHMI APPAREDDY\ m\&
DOC.# 2000072456 >
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LEGEND
1/2' IRON ROD FOUND
(UNLESS NOTED)
1/2' IRON ROD
SET W/ALUMINUM CAP
60D NAIL FOUND (UNLESS NOTED)
1/2' PIPE FOUND (UNLESS NOTED)
CALCULATED POINT
EXISTING PROPERTY LINE
EXISTING EASEMENT LINE
PROPOSED R.O.W. TAKING
RECORD INFORMATION
PUBLIC UTILITY EASEMENT
OFFICIAL PUBLIC RECORDS OF
MLLIAMSON COUNTY, TEXAS
OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS
DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS
PLAT RECORDS OF
WLLIAMSON COUNTY, TEXAS
PARCEL NUMBER
Pte\ STA. 9+01.84
43.60' LT
STA. 9+01.88
0.97' LT
0.038 ACRES
POINT OF BEGINNING
N=10162538.34
E=3128546.21
STA. 8+01.32
39.84' LT
oir
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570.31'57"W 19.98'
(S73.07'00""W 20.00')
N22'16'36"W 14.94'
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RECORD INFORMATION PROVIDED BY:' ---^\gyp \ Cl
AUSTIN TITLE COMPANY
101 E. OLD SETTLERS BLVD., SUITE #100
ROUND ROCK, TEXAS 78664
PHONE (512) 255-3343
GF #224411-L
THE FOLLOWING EASEMENT MAY APPLY TO PARCEL 3, BUT CANNOT BE
_OCATED FROM RECORD DATA:
1) ELECTRIC DISTRIBUTION LINE EASEMENT, VOLUME 776, PAGE 497, DRWCT
THE FOLLOWING EASEMENT DOES NOT APPLY TO PARCEL 3:
1) ELECTRIC DISTRIBUTION AND TELEPHONE EASEMENT, VOLUME 566, PAGE
THESE SURFACE COORDINATES WERE MODIFIED FROM GRID
STATE PLANE COORD:NATES, CENTRAL ZONE. NAD 83 (HARN)
BY DIVIDING BY AN ADJUSTMENT FACTOR OF 0.99995
EXISTING: 0.3256 ACRES
TAKING: 0.038 ACRES
REMAINDER: 0.3218 ACRES
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CHEVY CHASE ONE
7700 Chevy Chose Drive
Sulk 100, Austin, 1e101 73751
10512,4530767 lm) 512.41734
SKETCH TO ACCOMPANY
FIELD NOTES
DATE 2SEP 03
JOB w: 70313-10
FILE ROWIPAR3
WILLIAMSON COUNTY, TEXAS
2
20F2