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CM-05-02-033O{r( O Request for City Council/City Manager Action 4tf'' Please submit this form when placing items on the council agenda or when submitting an item to the City Manag ffr apprt. Department: Legal Project Manager/Resource: David Bartels Contact Person: Steve Sheets/Laura Levinson Council Meeting Date: N/A Project Name: Sam Bass Rd. Improvement Funding Source: 2002 GO Bonds ContractorNendor Name: Assigned Attorney: Steve Sheets Amount: $15,000.00 (contract, agreement,amendment,change order, purchase order,etc.) ct5 ,;, Ve-kkr n -tv L A L s v a-- C l-t5a.F, 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 ElConstruction Contract Amendment ElChange Order n Change in Quantity El 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) $15,000.00 Agenda Wording: City Manager to enter into a real estate contract for the purchase of right of way from LWR Family Partnership (Parcel No. 9) for the widening and improvement of Sam Bass Rd. For Submission to Ci M - - . er Only Project Mgr. Signature: f` Dept. Director Signature: City Attorney Signature: City Manager Signature: Date: / -j ' 2)5 Date: Date:/--/-% —04 Date: A.014--05 Approval is required for all items requesting City Manager's approval. Finance Approval Finance -Date and Signature: L. Olsen 1-12-05 XD Purchasing -Date and Signature: N/A HB 1-7-05 © Budget -Date and Signature: N/A CYD 1-7-05 DATE: BLUE SHEET -City Manager Action January 7, 2005 SUBJECT: City Manager action—January 7, 2005 ITEM: Authorization for the City Manager to execute a Real Estate Contract for the purchase of .013 acre tract of land from LWR Family Partnership, L.P. (Parcel No.9) for the widening and improvement of Sam Bass Road. Department: Staff Person: Justification: Legal Don Childs/Laura Levinson To allow City Manager to execute a real estate contract for the purchase of 0.013 acre tract of land from the FLWR Family Partnership (Parcel No. 9). For the widening and improvement of Sam Bass Road. The appraised value for this parcel was $12,500.00. Funding: Cost: $15,000.00 Source of funds: 2002 GO Bonds Outside Resources: Sheets & Crossfield, P.C. Public Comment: N/A Blue Sheet Format Updated 0 I /20/04 Sam Dass Road -parcel 9 REAL ESTATE CONTRACT Sam Bass Road State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between LWR FAMILY PARTNERSHIP, L.P., (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: Fee simple interest in 0.013 acre tract of land situated in the J. M. Harrell 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 9); 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 FIFTEEN THOUSAND and 00/100 Dollars ($15,000.00). Payment of Purchase Price 2.03. The Purchase Price shall be payable in cash at the closing. @PFDesktop\::ODMA/WORLDOX/O:/WDOX/CORR/TRANSPAT/SAMBASS/PAR9LW-1/T NTRACT/00099220.WPD/sls Sam Bass Road -parcel 9 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 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. 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 contain the surveyor's certification that there are no encroachments on the Property 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 VII. 2 Sam Bass Road -parcel 9 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 30, 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; 3 Sam Bass Road- parcel 9 (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: (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. 4 Sam Bus Road—parcel9 (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 Bass Road -parcel 9 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. 6 Sam Bass Road-parcel9 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: LWR FAMILY PARTNERSHIP, L.P. Its: O.P4=S/ E Address: Date: /S/os PURCHASER: CITY OF ROUND ROCK Bv: mes Nuse, P.E. ty Manager 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: Q- 11 -U S 7 360/ /1/ 57Y C,REZ7<..042. /5774 7X 78735— EXHIBIT "A" Field Notee for Parcel 9 LWR Family Partnership to City of Round Rock (for Street Purpose) BEING 0.013 OF ONE ACRE (562 S.F.) OF LAND, MORE OR LESS, OUT OF AND A PART OF THE J.M. HARRELL SURVEY IN WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF LOT 1, STONELEDGE SECTION TWO, RECORDED IN CABINET E, SLIDE 102 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, CONVEYED TO LWR FAMILY PARTNERSHIP BY DEED FILED FOR RECORD ON JANUARY 25, 2002, RECORDED IN DOCUMENT N0. 2002007058 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.013 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 red with aluminum cap set in the proposed south line of Sam Bass Road, same being in a westerly line of Lot 1, Stoneledge Section Two, recorded in Cabinet E, Slide 102 of the Plat Records of Williamson County, Texas, conveyed to LWR Family Partnership by deed recorded in Document No. 2002007058 of the Official Public Records of Williamson County, Texas and in the east line of Lot 2, Resubdivision of Lot 2, Stoneledge-Section Two, recorded in Cabinet E, Slide 283 of the Plat Records of Williamson County, Texas conveyed to FFCA Acquisition Corporation recorded in Document No. 9544462 of the Official Records of Williamson, County, Texas, same also being North 02°34'48" West, a distance of 167.51 feet, from a 1/2 inch iron rod found in a westerly line of said Lot 1, 46.98 right of and at right angles to the Engineer's Centerline Station 15+81.39 for the Point of Beginning, and the southwest corner of the herein described tract of land; 1) THENCE, North 02°34'48" West, a distance of 12.16 feet, with a westerly line of said Lot 1 and an easterly line of said Lot 2, to a 5/8 inch iron pipe found in the existing south line of Sam Bass Road, same being the northwest corner of said Lot 1 and the northeast corner of said Lot 2, for the northwest corner of the herein described tract of land; 2) THENCE, South 58°07'15" East, a distance of 56.47 feet, with the existing south line of Sam Bass Road and a northerly line of said Lot 1, to the point of curvature of a non -tangent circular curve to the right and the northeast corner of the herein described tract of land; 3) THENCE, along said curve to the right of 138.04 feet radius, an arc distance of 32.84 feet, having an angle of intersection of 13°37'59" (the long chord of said curve bears South 51°28'33" East, a distance of 32.77 feet), to an "X" marked in concrete at the intersection of the existing south line of Sam Bass Road and the proposed south line of Sam Bass Road, 29.59 feet right of and at right angles to the Engineer's Centerline Station 11+60.03, for the southeast corner of the herein described tract of land; 4) THENCE, North 62°27.44" West, a distance of 73.71 feet, with the proposed south line of Sam Bass Road, to a 1/2 inch iron rod with aluminum cap set for a corner; 6.; o5erra\7C212\field Rote°\?AA9fld.d°r Page 1 of 3 5) THENCE, North 06°16'00" West, a distance of 4.24 feet, to a 1/2 inch iron rod with aluminum cap set for a corner; 6) THENCE, South 86°29'45" West a distance of 7.07 feet, to the Point of Beginning and containing an area of 0.013 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 51j0y Date Bearing Basis: State Plane, Central. Zone, NAD 63 (HARN) WCAD No.: R055575 S:`,Pr°jects\?i'212\Field }Wtts\PAR9f141. Page 2 of 3 LEGEND ' C1 `�' 1,14? d = 13'37'58" R = 138.04 T = 16.50 A — 32.84 C = 32.77 CB = 551'28'33"E X50 , ATC6NS `, 1/2' IRON ROD FOUND J " / I^J (UNLESS NOTED)• 1/2' NON ROD ,BO SET W/ALUMINUM CAP O 1/2" PPE FOUND (UNLESS O1ED)@FSR 7,3 ]fig a" 7)9 -01.NO2'34'481/1f�0 /a7,L"30_33 '34\rse • COTTON SPINDLE SET O 'x' MARKED IN C0NcRETE D CALCULATED PONT EXISTING PROPERTY UNE EWSrNG EASEMENT UNE PROPOSED R.O.W. TAKING ( ) RECORD INFORMATION PUE OPRWCT aL POINT OF BEGIN ING 12.16' N=10162424.54 \.5/8" E=3129254.32 .W 558'07'15"E 56.47' t/ (c2) • A = (55'34'10") R = (138.04) T = (72.73 A =(133.88) C = (128.70) CB (S28'15'E) STA. 15+81.39 (S5'02'E 56.51') PUBLIC enure EASEUENT 46.98 RT.622� y OFFICIAL PUBUC RECORDS OF S88 29 45 W 7.07 W+LLLvasoN COUNTY. TOLAs STA 15+86 85 OFFICIAL RECORDS OF WKIYIMSON COUNTY, TEXAS ORWCT DRWCT DEED RECORDS OF WILIAMSON COUNTY, TEXAS PRWCT PLAT RECORDS OF WILLAMSON COUNTY. TEXAS PARCEL NUMBER L^J 1JNIIED STA IFS POSTAL SERVICE 781/873 ORWCT F4 w PARCEL STA. 4.53 RT. 29.59' VT 11+60.03 -?.FA �� R T �-" VA V. _31 Occ4-57 N -Za N0818'00"W 4.24' STA. 15+88.38 48.34 RT. LOT 2 LOT 3 STONELEDGE SECTION THREE CAB. E, SL. 161 PR WCT RECORD INFORMATION PROVIDED BY: AUSTIN TITLE COMPANY 101 E. OLD SETTLERS BLVD.. SUITE #100 ROUND ROCK, TEXAS 78664 PHONE (512) 255-3343 GF #224420-W N 0 C? .AI N Oo0 11 � LOT 1 a ,j 2 STONELEDGE SECTION TWO 013 ACRES v! CAB. E,SL. 192 PRWCT 1, FFCA ACQUISITION 1/ CIA CORPORATION �e OCi 9544462 LWR FAMILY PART ERSHIP, L.P. ` ORWCT I DOC# 2002007058` 10' P.U.E. & D.E. OPRWCT! jam -814/560, DRWCT L{ 10' P.U.E. �1 1--{ 1257/586, DRWCT EXISTING: 0.405 TAKING: 0.013 REMAINDER: 0.392 1 THE FOLLOWING EASEMENT MAY APPLY TO PARCEL 9, BUT CANNOT BE LOCATED FROM RECORD DATA: ACRES ACRES \ ACRES 1) PIPELINE AND TELEPHONE EASEMENT -VOLUME 351, PAGE 334, DRWCT (BLANKET EASEMENT) THE FOLLOWING EASEMENTS DO NOT APPLY TO PARCEL 9: 1) ELECTRIC TRANSMISSION AND DISTRIBUTION EASEMENT, VOLUME 282, PAGE 403, DRWCT-RELEASED VOLUME 801, PAGE 74, DRWCT 2) ELECTRIC TRANSMISSION AND DISTRIBUTION EASEMENT. VOLUME 362, PAGE 90, DRWCT-RELEASED VOLUME 801, PAGE 75, DRWCT 7.5' P.U.E.II� CAB. E. SL. 283, PRWCT —y RESUBDIVISION OF LOT 22 STONELEDGE—SECTION 2 CAB. E, SI.. 283 ' PRWCT �_ THESE SURFACE COORDINATES WERE MODIFIED FROM GRID STATE PLANE COORDINATES, CENTRAL ZONE, NAD 83 (HARN) BY DIVIDING BY AN AD.RJSTMENT FACTOR OF 0.99995 SCALE: 1 "=50' to ti MARTINEZ WRIGHT& �a> MEN D E Z 61.11 ted..wl.;, LFd S ,ryN;, MOIL CHENY CHASE ONE 770' Chevy Chose Or1ve Soils 100. Nwli.. Noss 70752 4 5121510L7 1.) 51141175. SKETCH TO ACCOMPANY FIELD NOTES W,T6 00 MAY 00 40310e ''061-0 WILL AMSON COUNTY, TEXAS 3013