CM-05-02-031(m -o5 -aa -Of
Request for C quptJ/city. tvjAvvger 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
Contact PersRECD JAW Tilet/L2n5pvinson
Project Name: Red Bud Lane
ContractorNendor Name: Michael Fullerton
Project Manager/Resource: Steve Sheets/Don Childs
Council Meeting Date:
Funding Source:
Assigned Attorney:
NA
RR Transportation Corp. (4b)
Don Childs
Amount: $4,200.00 (contract, agreement,amendment,change order, purchase order,etc.)
a - i 4 0 5 Rete-+'rl fir) La_u-rc, (ler a -L)
cc L\)hrl
Is Funding Required? Yes
Council Agenda Item Yes
Submission to City Manager - Yes
X
X
No
No
No
X
X
(see required signatures below before submission to the City Manager)
Agenda Wording:
0
0
0
Initial Construction Contract
Construction Contract Amendment #
Change Order
Change in Quantity
nUnforeseen Circumstances
❑ Initial Professional Services Agreement
❑ Supplemental Professional Svcs. Agr. #
❑ Purchasing/Service Agreement
❑ Purchase Order
Item(s) to be purchased:
Amount
X❑ Other (Please dearly identify action on lines below)
Execution of Real Estate Contract for Michael & Debbie Fullerton
Parcel No. 15 on Red Bud Lane expansion
For Submission to Ci Man:: er OM
Project Mgr. Signature: jfir ' . , oft
Dept. Director Signature:
City Attorney Signature: * __Al r
City Manager Signature: \�
Date: I -4' . c )
Date:
Date: %— / -QS
Date: 0 -11 -OS
eg Approval is required for all items requesting City Manager's approval.
Finance Approval El Finance -Date and Signature:
❑ Purchasing -Date and Signature:
L. Olsen 01-05-05
DATE:
BLUE SHEET -City Manager Action
January 3, 2005
SUBJECT: City Manager action—January 7, 2005
ITEM: Authorization for the City Manager to execute a Real
Estate Contract for the purchase of .037 acre tract of land
from Michael & Debbie Fullerton's property (Parcel No.15)
on the Red Bud Lane expansion.
Department: Legal
Staff Person: Don Childs/Laura Levinson
Justification:
To allow City Manager to execute a real estate contract for
the purchase of 0.037 acre tract of land from the Fullerton
property (Parcel No. 15). For the expansion of Red Bud
Lane. The appraised value for this parcel was $2,200.00.
Funding:
Cost: $4,200.00
Source of funds: Transportation System Development Corp. (4b)
Outside Resources: Sheets & Crossfield, P.C.
Public Comment: N/A
Blue Sheet Format
Updated 01/20/04
Red Bud Lane -Parcel 15
REAL ESTATE CONTRACT
Red Bud Lane
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between MIKE R.
FULLERTON AND DEBBIE FULLERTON, (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:
0.037 acre (1,625 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 15);
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 TWO
HUNDRED and 00/100 Dollars ($4,200.00).
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the closing.
PPFDesktop\::ODMA/WORLDOX/O:/WDOX/CORK/TRANSPRT/REDeDD-1/PAR15F-1)CONTRACT/00098999.WPD/sls
Red Bud Lane -Parcel 15
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 15
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
January 15, 2005, 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;
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Red Bud Lane -Parcel 15
(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 15
(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.
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Red Bud Lane—Parcel 15
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 15
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.
Possession and Use Agreement
9.11 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:
21101,- t F iba- z
Mike R. Fullerton
Date: •04
Address: 386 6414,o gait,-ka
cPzuntok. 64w-121 44- IS y
••A ►.-, Address: 3g6I '-u4-1,141 g '5-'
Debbie Fullerton CALLin d.64.t.R.,44-18444
Date: t a . Ai 0
7
Red Bud Lane -Parcel 15
PURCHASER:
CITY OF ROUND ROCK
B
ames Nuse, P.E.
ity Manager
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date: 'R - ([ - 05
8
North 1.250 Acre Tract
M & D Fullerton Subdivision
0.037 Acre Tract
Page 1 of 3
EXHIBIT
A
DESCRIPTION
FOR A 0.037 ACRE (1,625 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE JOHN H. RANDALL SURVEY, ABSTRACT NO. 531, WILLIAMSON
COUNTY, TEXAS, BEING THE NORTH CALLED 1.250 ACRE TRACT OF
LAND, BEING A PORTION OF TRACT NO. 4, M & D FULLERTON
SUBDIVISION AND RECORDED IN CABINET G, SLIDE 245 OF THE PLAT
RECORDS OF SAID COUNTY, SAID 0.037 ACRE TRACT AS SHOWN ON
THE ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a `'A" iron rod found for the northeast corner of Lot 4,
Tri -View Estates, a subdivision recorded in Cabinet B, Slides 14 — 15 of the Plat Records of said
county, same being the northwest comer of Lot 5, of said Tri -View Estates, same being on the
south right of way line of Doris Lane (50 foot right of way width);
THENCE with the south right-of-way line of said Doris Lane, N 85° 56' 29" W for a distance of
455.81 feet to a V2" iron rod set with Baker-Aicklen cap for the northeast comer and POINT OF
BEGINNING hereof;
THENCE through the interior of said north 1.250 acre tract, the following two (2) courses and
distances:
1) S 49° 11' 31" W for a distance of 21.26 feet to a' /z" iron rod set with Baker-Aiciden cap for
an angle point hereof, and
2) S 04° 19' 32" W for a distance of 201.79 feet to a ''/z" iron rod set with Baker-Aicklen cap
on the south line of said north 1.250 acre tract, same being the north line of the south called
1.250 acre tract, being a portion of Tract No. 4, of said M & D Fullerton Subdivision, for the
southeast corner hereof;
North 1.250 Acre Tract
M & D Fullerton Subdivision
0.037 Acre Tract
Page 2 of 3
THENCE with the south line of said north 1.250 acre tract, same being the north line of said
south L250 acre tract, N 86° 00' 51" W for a distance of 5.70 feet to a'' W' iron rod found on the
intersection of the south line of said north 1.250 acre tract and the east line of a called 25 foot
wide road widening easement per said M & D Fullerton Subdivision, for the southwest comer
hereof, from which a 'A" iron rod found bears, N 86° 00' 51" W for a distance of 0.17 feet;
THENCE with the east line of said 25 foot wide road widening easement, N 03° 39' 09" E for a
distance of 216.80 feet to the north line of said north 1.250 acre tract, same being the south right-
of-way line of said Doris Lane, for the northwest corner hereof, from which a '/2" iron rod found
bears, S 05° 46' 37" E for a distance of 5.29 feet;
THENCE with north line of said north 1.250 acre tract, same being the south right-of-way line
of said Doris Lane, S 85° 56' 29" E for a distance of 23.25 feet to the POINT OF BEGINNING
and containing 0.037 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
ARGARET A. NOLEN
Job No.: 0601-2-058-51
Filename: W:\PROJECTS\CORR\CR 122-REDBUD \ROWWEI\PARCEL 1 5.DOC
SKETCH TO ACCOMPANY DESCRIPTION
SCALE: 1" = 40'
WILLLAMSON COUNTY,
TEXAS
SEE
DETAIL
Na 1
DORIS LANE
(50' R. 0.1r. WIDTH
CAB. A SL. 14 - 15
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PARCEL 15
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.
N 85•36'29'' W 455.81' REMAINDER
OF LOT 4
TRI -VIEW ESTATES
CAB. 8. SL. 14 - 15
POINT OF
BEGINNING
NORTH CALLED 1.250 ACRE TRACT
BEING A PORTION OF TRACT NO. 4
M 9 D. FULLERTON SUBDIVISION
CAB. 0, SL. 245
•
•
I
o :•: 0.037 ACRE x
(1,625 SQ. FT.)
I
1
SEE
DETAIL
NO. 2-
J
BEGINNING FOR
REFERENCE
LOT 5
TRI -VIEW ESTATES
CAB. B. SL. 14 - 15
DETAIL NO. 2
..... •:
4.4
L2•
NOT TO
I SCALE
NUMBER
BEARING
DISTANCE
LI
S 49011'3/' W
21.26'
L2
N 86'00'51" W
5.70'
(N 89'40' W)
L3
S 65°56'29' E
23.25'
(S 89'40' E)
L4
N 86°00'51 W
0.17'
L5
S 05.46'37' E
5.29'
JOHN 1-1. . A1\E:ALL SURVEY,
AFS r1 -2A 1'1 a. 53 1
SOUTH CALLED 1.250 ACRE TRACT
m BEING A PORTION OF TRACT NO. 4
In M a D. FULLERTON SUBDIVISION
•'1 CAB. G. SL. 245
O
DATE: FEBRUARY, 2003
JOB NO.: 0601-2-058-51
BY: TJR
PAGE 3 OF .3
W:\PROJECTS\CORR\CRI22-REO BUD\ROW\SKETCH\PARCEL I5.0WG (3 OF 51 F•Drvory 23. 2004 - 8:48am
LEGEND
• I/2" IRON ROD FOUND
O 1/2" IRON ROD FOUND
WITH cAP (AS NOTED)
• PIPE FOUND (SIZE NOTED)
A MAG NAIL FOUND
O 1/2' IRON ROD SET WITH
BAKER-AICKLEN CAP
• CALCULATED POINT
( ) RECORD INFORMATION
PER CAB. G. SL. 245
] RECORD INFORMATION
PER CAB. 8, SL. 14 - 15
BAKER-AICKLEN
ABEICICIATE9, INC.
ENGINEERS/SURVEYORS