CM-04-12-082Request 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: na
Project Name: Sam Bass Rd. Improvement Funding Source: 2002 GO Bonds
ContractorNendor Name: Assigned Attorney: Steve Sheets
Amount:
$4,282.00 (contract, agreement,amendment,change order, purchase order,etc.)
Is Funding Required?
Council Agenda Item
Submission to City Manager -
Yes
Yes
x
No
No
x
Yes x No n
(see required signatures below before submission to the City Manager)
▪ Initial Construction Contract
▪ Construction Contract Amendment #
▪ Change Order
n Change in Quantity
n Unforeseen Circumstances
▪ Initial Professional Services Agreement
• Supplemental Professional Svcs. Agr. #
ElPurchasing/Service Agreement
▪ Purchase Order
Item(s) to be purchased:
Amount
x❑ Other (Please clearly identify action on lines below) $4,282.00
Agenda Wording: City Manager to enter into a real estate contract for the purchase of right of way
L 5.j
C c . �-+—O.
from 901 Sam Bass Rd., L.L.C., Parcel No. 6 (RR Gardens) for the widening and improvement
of Sam Bass Rd.
For Submission to City Mana.er O�nI
/L'Y
Project Mgr. Signature:
Dept. Director Signature --7
City Attorney Signature: *
City Manager Signature:
Date: // --19
Date:
Date: /Z—J/ oy
Date: /Z,—/D-64
e. Approval is required for all items requesting City Manager's approval.
Finance Approval x❑ Finance -Date and Signature: 11-19-04 L. Olsen
ElPurchasing -Date and Signature:
g/administration/cmgr-council aclion.xls 7-14-04
DATE:
BLUE SHEET FORMAT
(City Manager Approval Form)
November 18, 2004
SUBJECT: City Manager Approval - November 19, 2004
ITEM:
Authorization for the City Manager to execute a Real
Estate Contract for the purchase of 0.023 acre tract of
land out of the J.M Harrel Survey from 901 Sam Bass Rd.,
L.L.C., Parcel No. 6 (RR Gardens)for the widening and
improvement of Sam Bass Road.
Department: Legal
Staff Person: Steve Sheets/Laura Levinson
Justification: Purchase Right-of-way from 901 Sam Bass Rd., L.L.C.,
Parcel No. 6 (RR Gardens)for the widening and
improvement of Sam Bass Road.
Funding: GO Bonds
Cost: $4,282.00
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 $4,282.00, which is the
appraised value of the property.
Public Comment: N/A
Blue Sheet Format
Updated 01/20/04
REAL ESTATE CONTRACT
Sam Bass Road project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between 901 SAM
BASS RD., L.L.C., (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:
.023 acre of land out of and a part of the J.M. Harrell Survey, Abstract No. 284,
Williamson County, Texas, more fully described by metes and bounds in Exhibit "A", attached
hereto and incorporated herein (Parcel 6).
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 II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of FOUR THOUSAND TWO
HUNDRED EIGHTY TWO and no/100 Dollars ($4,282.00).
Special Compensation
2.02 As an obligation which shall survive the closing of this transaction, Purchaser agrees
to construct, as part of the Sam Bass Road improvement project, five (5) asphalt driveway
entrances from the remainder property to the various adjoining roadway facilities at the locations
and to the widths and other specifications as shown on the attached Exhibit "B". The exact
location and specifications of these driveways are subject to revision if there are any changes to
the current configuration or topography of the property prior to the time of construction. The
elevation of high surface point (of driveways) 9� roperty to be same as top of curb heights.
tine,
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(00076371).DOC7sid=nFEldOol wA&mbox=INBOX&charse=escaped_unicadedcuid=993htmmbet--4&filename=901 SA4slASS—Reale,tte contract (00076371).DOC/cdc
1
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.)
Preliminary Title Commitment
3.02. Purchaser, at Purchaser's sole cost and expense, has 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 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. Purchaser's failure to give Seller this notice shall not be deemed to be Purchaser's
acceptance of the Title Commitment.
Survey
3.03. Purchaser, at Purchaser's sole cost and 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 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 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 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. Purchaser's failure to give Seller this written
notice shall not be deemed to be Purchaser's acceptance of the survey.
2
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. Sellershall have no obligation to incur any cost or
expense whatsoever in connection with eliminating or modifying any matters regarding title to
property or matters survey. A copy of final signed and sealed construction documents
will be delivered t seller t the time the project goes to bid.
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;
(2) Seller, to seller's actual knowledge, 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 November 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
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;
(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:
(3)
(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."
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
4
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
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 enforce specific performance of this Contract.
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 one
thousand dollars ($1,000.00), 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
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 parties 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 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
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.
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Memorandum of Contract
8.08. Upon request of either party, both 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, which date is indicated beneath the City's signature below.
Possession and Use Agreement
8.11 By signing this Contract, Seller agrees to allow Purchaser to use and possess the
Property for the purpose of constructing and/or improving a public road and related facilities,
upon full execution of this contract.
SELLER:
901 SAM BASS RD., L.L.C.
Its:
Dated: l/ ///270171
7
PURCHASER:
CITY OF ROUND ROCK
By:
J use, P.E.
anager
22 MAIN STREET
ROUND ROCK, TEXAS 78664
Dated: /Z-10-0 LI
8
EXHIBIT "A"
itfty1
EXHIBIT
Field Notes for Parcel 6
901 Sam Bass Rd., LLC
to
City of Round Rock
(for Street Purpose)
BEING 0.023 OF ONE ACRE, (988 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 901 SAM BASS RD., LLC BY DEED FILED FOR RECORD ON
AUGUST 1, 2002, RECORDED IN DOCUMENT No. 2002058315 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.023
OF ONE ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS AND AS SHOWN ON THE ATTACHED SKETCH:
BEGINNING at an "X" marked in concrete at the intersection of the proposed
south line of Sam Bass Road with the west line of Galloping Road, same being
in the east line of the tract conveyed to 901 Sam Bass Rd., LLC by deed
recorded in Document No. 2002058315 of the Official Public Records of
Williamson County, Texas, same also being North 21°45'39" West, a distance of
321.80 feet from a 3/8 inch iron rod found at the southeast corner of said
901 Sam Bass Rd., LLC tract, 31.81 right of and at right angles to the
Engineer's Centerline Station 8+22.25, for the Point of Beginning, the point
of curvature of a non -tangent circular curve to the left and the southwest
corner of the herein described tract of land;
1) THENCE, with the proposed south line of Sam Bass Road, along said curve
to the left of 7.00 feet radius, an arc distance of 10.94 feet, having an
angle of intersection of 89°34'28" (the long chord of said curve bears North
66°31'42" West, a distance of 9.86 feet), to a 1/2 inch iron rod with aluminum
cap set 24.95 feet right of and at right angles to the Engineer's Centerline
Station 8+15.16, for the point of reverse curvature of a circular curve to
the right;
2) THENCE, along said curve to the right of 525.04 feet radius, an arc
distance of 201.11 feet, having an angle of intersection of 21°56'47" (the
long chord of said curve bears South 79°38'17" West, a distance of 199.88
feet, to a cotton spindle set 24.61 feet right of and at right angles to the
Engineer's Centerline Station 6+22.34, same being in the existing south line
of Sam Bass Road, same also being in a northerly line of said 901 Sam Bass
Rd., LLC tract, for the most westerly corner of the herein described tract of
land;
3) THENCE, North 82°15'07" East, a distance of 106.83 feet, with the
existing south line of Sam Bass Road and a northerly line of said 901 Sam
Bass Rd., LLC tract, to a 1/2 inch iron pipe found for a corner;
4) THENCE, North 74°31'23" East,
iron pipe found at the intersection
Road with the west line of Galloping
said 901 Sam Bass Rd., LLC tract,
described tract of land;
S:\Project3\70112\Field Notes\PAR6f1d.doc
a distance of 99.84 feet, to a 5/8 inch
of the existing south line of Sam Bass
Road, same being the northeast corner of
for the northeast corner of the herein
Page 1 of 3
5) THENCE, South 21°45'39" East, a distance of 9.71 feet, with the existing
west line of Galloping Road and the east line of said 901 Sam Bass Rd., LLC
tract, to the Point of Beginning and containing an area of 0.023 of one acre
of land, more or less.
Eduardo 0. Mendez
Registered Professional Land Surveyor 5010
Martinez, Wright & Mendez, Inc.
7700 Chevy Chase Drive, Suite 100
Austin, Texas 78752
(512) 453-0767
Bearing Basis:
WCAD No.:
S:\Projeci5\70212\Fic14 Note$\PARbrld.doc
State Plane, Central Zone, NAD 83 (HARN)
R055660
Page 2 of 3
•
0
A
A
O
OPRWCT
ORWCT
DRWCT
PRWCT
LEGEND
1/2" IRON ROD FOUND
(UNLESS NOTED)
1/2- IRON ROD
SET W/ALUMINUM CAP
600 NAIL FOUND (UNLESS NOTED)
1/2" PIPE FOUND (UNLESS NOTED)
COTTON SPINDLE SET
"X" MARKED IN CONCRETE
CALCULATED POINT
EXISTING PROPERTY LINE
EXISTING EASEMENT UNE
PROPOSED R.O.W. TAKING
RECORD INFORMATION
OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
OFFICIAL RECORDS OF
WILUAMSON COUNTY, TEXAS
DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS
PLAT RECORDS OF -
WILLIAMSON COUNTY. TEXAS
PARCEL NUMBER
KILGORE SUBDIVISION
CAB. L, SL. 350
PRWCT
LOT 1
RAMESH C APPAREDDY
VIJAYALAKSHMI APPAREDDY
SCALE: DOC# 200072455
1"=50' OPRWCT
bb'Z4+9=fid
.M. H ARRE�A"
V
WILLIAM R. CRISP JR.
SHARLYNE CRISP
DOC.# 9731010
ORWCT
SAM B ASS R C)Ae Sj p0
(R.O.\N, 997.0 5
5 E 99-84.
1\04.3.\
6+00 1E )
STA. 6+22.34 (S83' 7.37"w p7"7 106.83'
24.61' RT "
PARCELC1
S82'15'07"W 32.58'
(s84'w 139.5') 0.023
ACRES
901 SAM BASS RD., LLC
DOC# 2002058315
OPRWCT
EXISTING: 1.96 ACRES
TAKING: 0.023 ACRES
REMAINDER: 1.937 ACRES
RECORD INFORMATION PROVIDED BY:
AUSTIN TITLE COMPANY
101 E. OLD SETTLERS BLVD., SUITE #100
ROUND ROCK, TEXAS 78664
PHONE (512) 255-3343
GF #224415-R
S21'45'39"E 9.71'
8'
POINT OF BEGINNING
N=10162478.38
E=3128590.49
STA. 8+22.25
31.81' RT.
Cl
= 21'56'47"
R = 525.04
T = 101.80
A = 201.11
C = 199.88
CB = S79'38'17"W
C2
89'34'28"
7.00
6.95
10.94
9.86
N66'31'42"W
THESE SURFACE COORDINATES WERE MODIFIED FROM GRID
STATE PLANE COORDINATES, CENTRAL. ZONE, NAD 83 (HARN)
BY DIVIDING BY AN ADJUSTMENT FACTOR OF 0 9995 3/8"
THE FOLLOWING EASEMENTS DOES NOT APPLY TO PARCEL 6:
1) ELECTRIC DISTRIBUTION AND TELEPHONE EASEMENT- VOLUME 640,
DRWCT
PAGE 65,
2) ELECTRIC DISTRIBUTION AND TELEPHONE EASEMENT- VOLUME 1286, PAGE 161,
ORWCT
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CHEVY CHASE ONE
7700 Chevy Chose Cr:vc
Suite 100. Austin. Tex -5 ,2.02
td) 512.453.0767 60512.45.!.7714
SKETCH TO ACCOMPANY
FIELD NOTES
DATE 14OCT 03
Taenia 70212-10
FILE ROW/PAR6
WILLIAMSON COUNTY, TEXAS
3
30F3