CM-04-12-085Request 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 Stablien
Contact Person: Don Childs Council Meeting Date:
Project Name: Red Bud Lane Funding Source:
ContractorNendor Name: David & Betty Brostad Assigned Attorney:
17 -Dec -04
4B Transportation
Don Childs
Amount: $4,000.00 (contract, agreement,amendment,change order, purchase order,etc.)
'e IZ/I(14)h) G
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)
Agenda Wording:
▪ Initial Construction Contract
ElConstruction Contract Amendment
▪ Change Order
riChange in Quantity
n Unforeseen Circumstances
▪ Initial Professional Services Agreement
▪ Supplemental Professional Svcs. Agr.
▪ Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Amount
X❑ Other (Please clearly identify action on lines below) $4,000.00
Authorization for the city manager to enter into a contract for the purchase
of right of way from David & Betty Brostad for the Red Bud Lane project.
For Submission to City Manager Onl
Project Mgr. Signature:
Dept. Director Signature:
City Attomey Signature: *
City Manager Signature:
Date:
Date:
Date:
Date:
i2
tz!i'0
/Z—ZD
Approval is required for all items requesting City Manager's approval.
Finance Approval El Finance -Date and Signature: 12-15-04 L Olsen
EJPurchasing -Date and Signature:
El Budget -Date and Signature: N/A ESW 12/15/04
g/administration/cmgr-council actlonxis 7-14-04
DATE:
BLUE SHEET FORMAT
(Explanation of what is required in specific areas)
December 14, 2004
SUBJECT: City Manager Agenda - December 17, 2004
ITEM:
EC 1 6 2004
Authorization for the City Manager to execute a Real
Estate Contract for the purchase 0.067 acres of ROW from
David & Betty Brostad (Parcel No. 14) for the Red Bud
Lane (CR 122) project.
Department: Legal
Staff Person: Steve Sheets/Don Childs
Justification: Purchase right-of-way from David and Betty Brostad for
the widening and improvement of Red Bud Lane (CR 122,
Parcel No. 14).
Funding:
Cost:
$4,000.00
Source of funds: RR Transportation System Development Corp. (4b)
Outside Resources: Sheets & Crossfield, P.C.
Background Information: Increased mobility to the Southeast quadrant
of the City. The appraised value for this parcel
was $2,000.00
Public Comment: N/A
Blue Sheet Format
Updated 01/20/04
Red Bud Lane -Parcel 14
REAL ESTATE CONTRACT
Red Bud Lane
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between DAVID L.
BROSTAD AND BETTY J. BROSTAD, (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:
0.067 acre (2,899 square foot) tract of land situated in the John H. Randall Survey, Abstract
No. 531, in Williamson County, Texas, being more fully described by metes and bounds in Exhibit
"A", attached hereto and incorporated herein (Parcel 14);
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 FOUR THOUSAND and 00/100
Dollars ($4,000.00).
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the closing.
PPFDesktop\::ODMA/WORLDOX/O:/WDOX/CORA/TRANSPRT/REDBUD-1/PAR19B-1 CONTRACT/00090'/08. WPD/s1s
Red Bud Lane -Parcel 14
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,
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 VI.
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 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. 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 VI.
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Red Bud Lane—Parcel 14
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
December 31, 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
Red Bud Lane -Parcel 14
(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 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.
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Red Bud Lane -Parcel 14
(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
Red Bud Lane—Parcel 14
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
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.
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Red Bud Lane -Parcel 14
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.
Special Conditions
9.11 Seller agrees that it shall instruct all contractors not to park on any portion of Seller's
remaining property at any time during the construction of the roadway improvements.
SELLER:
David L. Brostad
Date: !Z—
Betty . Brostad
Date: / 4 _ i V - o V
7
Address: 3 b°0 Dor; s (�n�
f_o"rd igw(
Address: 360 o Doris LQhc
cynd 4.ck, Asa,'
Red Bud Lane -Parcel 14
PURCHASER:
CITY OF ROUND ROCK
By:
es Nuse, P.E.
Manager
221 E. MAIN STREET
ROUND ROCK, TEXA78664
Date: (7 —7 p -041-
8
177,800 Square Foot Tract
Brostad Subdivision
0.067 Acre Tract
Page 1 of 3
EXHIBIT
_A__
DESCRIPTION
FOR A 0.067 ACRE (2,899 SQUARE FOOT) TRACT OF LAND SITUATED ,
IN THE JOHN H. RANDALL SURVEY, ABSTRACT NO. 531, WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF A CALLED 177,800 SQUARE
FOOT TRACT, BEING A PORTION OF TRACT NO. 1 BROSTAD
SUBDIVISION, A SUBDIVISION RECORDED IN CABINET G, SLIDE 246
OF THE PLAT RECORDS OF SAID COUNTY, SAID 0.067 ACRE TRACT AS
SHOWN ON THE ACCOMPANYING SKETCH IS MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a '/2" iron rod found with plastic cap for the southeast
corner of said 177,800 square foot tract, same being the southwest corner of Lot 2, Tri -View
Estates, a subdivision recorded in Cabinet B, Slides 14 — 15 of the Plat Records of said county,
same being on north right-of-way line of Doris Lane (50 foot right-of-way width);
THENCE with the south line of said 177,800 square foot tract, same being the north right-of-way
line of said Doris Lane, N 85° 56' 29" W for a distance of 455.55 feet to a '//" iron rod set with
Baker-Aicklen cap for the southeast comer and POINT OF BEGINNING hereof;
THENCE with the south line of said 177,800 square foot tract, same being the north right-of-
way line of said Doris Lane, N 85° 56' 29" W for a distance of 23.84 feet to a %" iron rod found
for the intersection of the north right-of-way line of Doris Lane and the east line of a 25 foot
wide road widening easement per said Brostad Subdivision, for the southwest comer hereof;
THENCE with the east line of said 25 foot wide road widening easement, N 03° 44' 26" E for a
distance of 272.39 feet to the north line of said 177,800 square foot tract, same being the south
line of a called 0.92 acre tract, being a portion of tract no. 1, of said Brostad Subdivision, for the
northwest corner hereof;
177,800 Square Foot Tract
Brostad Subdivision
0.067 Acre Tract
Page 2 of 3
THENCE with north line of said 177,800 square foot tract, same being the south line of said
0.92 acre tract, S 85° 56' 29" E for a distance of 11.62 feet to a '/2" iron rod set with Baker-
Aicklen cap for the northeast corner hereof;
THENCE through the interior of said 177,800 square foot tract, the following two (2) courses
and distances:
1) S 04° 19' 32" W for a distance of 257.39 feet to a ''/z" iron rod set with Baker-Aicklen cap
for an angle point hereof, and
2) S 40° 48' 29" E for a distance of 21.16 feet to the POINT OF BEGINNING and
containing 0.067 acre of land.
Basis of bearings is the County Road 122 Project between U. S. Highway No. 79 and Forest
Creek Drive, performed by Baker-Aicklen, April, 2000.
Surveyed under the direct supervision of the undersigned during February, 2003:
Margaret A. Nolen
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 0601-2-058-51
Filename: W:\PROJECTS\CORR\CR122-RED BUD\ROW\MB\PARCEL 14.DOC
SKETCH TO ACCOMPANY DESCRIPTION
SCALE: 1" = 40'
WILLL4MSON COUNTY,
TEXAS
CALLED 40.000 S.F. LOT
CALLED 0.92 ACRE
BEING A PORTION OF
TRACT NO. 1
BROSTAD SUBDIVISION
CAB. G, SL. 246
1
I
n
N
0i
•
LEGEND
• 1/2` IRON ROD FOUND
C 1/2` IRON ROD FOUND
WITH CAP (AS NOTED)
0 PIPE FOUND (SIZE NOTED)
♦ MAG NAIL. FOUND
O I/2" IRON ROD SET WITH
BAKER-AICKLEN CAP
L CALCULATED POINT
( ) RECORD INFORMATION
PER CAB. G, SL. 246
BASIS OF BEARINGS 15 THE COUNTY ROAD
122 PROJECT BETWEEN U. S. HIGHWAY NO. 79
AND FOREST CREEK DRIVE. PERFORMED BY
BAKER-AICKLEN, APRIL, 2000.
JDHN 1-1. _RA NUALL SURVEY,
A. SrF 4c [ jN10. 531
CALLED 177,800 S.F. LOT
BEING .4 PORTION OF
TRACT NO. 1
BROSTAD SUBDIVISION
CAB. G, SL. 246
POINT OF
BEGINNING
N 65°5629, W 45555'
DORIS LANE
(50' R. 0. W. WIDTH
Com- $, SL. 14 - 15
NUMBER
BEARING
DISTANCE
LI
N 85"56'29" W
23.84'
(N 89°40' W)
LZ
S 85°56'29" E
11.62'
(S 89040'E)
L3
5 40°48'29" E
21.16'
LOT 2
TRI -VIEW ESTATES
CAB. 8, SL. 14 - IS
BEGINNING FOR
REFERENCE
DATE: FEBRUARY, 2003
JOB NO.: 0601-2-058-51
BY: TJR
PAGE 3 OF 3
W:\PROJECTS\CORR\CR122-REO OU0\ROM\SKETCH\PARCEL 14.0WG (3 OF 31 F•bru°ry 23. 2004 - 5:40°m
BAKER-AICKLEN
ASEIOCIATE6. INC.
ENGINEERS/SURVEYORS