CM-2014-491 - 8/15/2014City of Round Rock
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Agenda Item Summary
Agenda Number=
Title_ Consider executing a Real Estate Contract with Jorge L_ Gonzalez for the
purchase of a 0.067 acre tract of land for the Creek Bend Extension
Project.
Type= City Manager Item
Governing Body= City Manager Approval
Agenda nate: 8/15/2014
Uept E3irect— Steve Sheets
Cost: $6,267.00
Indexes=
Attachments= 00308512_PIDF
E3epartment= Legal F)epartment
Text of Legislative File CM -2014-491
Consider executing a Real Estate Contract with Jorge L. Gonzalez for the purchase of a 0.Oe7 acre tract
of land for the Creek Bend Extension Project.
The purchase price is equal to the City's appraised value for the right-of-way acquisition.
Staff recommends approval.
City of Rouud RocK Paga -1 Pr/ntad on Bl//20-/4
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Legal Project Name: Creek Bend Extension
Project Mgr/Resource: Don Childs Contractor/Vendor: Jorge L. Gonzalez
Council Action:
ORDINANCE RESOLUTION
Agenda Wording
F71city Manager Approval
I,MA woraing
Consider executing a Real Estate Contract with Jorge L. Gonzalez for the purchase of a 0.067 acre tract of land for the Creek
Bend Extension Project.
Attorney Approval
EfAttorney
Date "7
Notes/Comments '
The purchase price is equal to the City's appraised value for the right-of-way acquisition.
O:\wdox\SCCInts\0199\0105-5\MISC\00308640.XLS Updated 6/3/08
REAL ESTATE CONTRACT
Creek Bend Boulevard Right of Way
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract') is made by and between JORGE L.
GONZALEZ, (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:
All of that certain 0.067 acre tract of land, more or less, out of and situated in the
Elisha McDaniel Survey, Abstract No. 441 in Williamson County; being more
fully described in Exhibit "A", attached hereto and incorporated herein (Parcel 5);
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"), and
any improvements and fixtures situated on and attached to the Property described in Exhibit "A",
for the consideration and upon and subject to the terms, provisions, and conditions set forth
below.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the Property described in Exhibit "A", the acquisition of any
improvements on the Property, and any damage to the remaining property of Seller, shall be the
sum of SIX THOUSAND TWO HUNDRED SIXTY SEVEN and 00/100 Dollars ($6,267.00).
00308401.DOC
C(A- J6l1 - J4611
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).
Miscellaneous Conditions
3.02. 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
4.01. 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:
(a) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than previously disclosed to Purchaser;
(b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof;
4.02. The Property herein is being conveyed to Purchaser under threat of condemnation.
2
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Texas American Title Company on or
before September 26, 2014, 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 or in the contract (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 the City of Round Rock, Texas a duly executed and acknowledged Warranty
Deed conveying good and indefeasible title in fee simple to all of the Property described in
Exhibit "A", free and clear of any and all liens 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.
The deed shall be in the form as shown in Exhibit `B" attached hereto.
(2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued
by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring
Grantee's fee simple and/or easement interests in and 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", if applicable; 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:
(a) 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.
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: (1) enforce specific performance of this Contract; or (2) request that the Escrow
Deposit, if any, shall be forthwith returned by the title company to Purchaser.
9
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 the
Escrow Deposit, if any, 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. If no Escrow
Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any
failure by Purchaser.
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.
Memorandum of Contract
8.08. Upon request of either party, the 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 or city manager, which date is indicated beneath the Mayor's or City Manager's signature
below.
Counterparts
8.11 This Contract may be executed in any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered
effective as originals for purposes of this Contract.
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PURCHASER:
CITY OF ROUND ROCK, TEXAS
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Address: 221 East Main St.
Round Rock, Texas 78664
County: Williamson
Parcel No.: 5
Project: Creek Bend Boulevard
EXHIBIT Page 1 of 2
PROPERTY DESCRIPTION FOR PARCEL 5
DESCRIPTION OF A 0.067 ACRE (2,915 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ELISHA MCDANIEL SURVEY,
ABSTRACT NO. 441, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT 5.985 ACRE TRACT OF LAND
CONVEYED TO JORGE L. GONZALEZ BY INSTRUMENT RECORDED IN 2006030815 OF THE OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS, SAID 0.067 ACRE (2,915 SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 5/8" Iron rod with aluminum cap stamped "CORR-ROW" set, being in the existing southerly right-of-way line of
Hairy Man Road (County Road 174) (right-of-way width varies), same being in the northerly boundary line of said 5.985 acre tract,
for the most northerly comer of the herein described tract and from which a 1" Iron pipe found, being in the northerly boundary line
of said 5.985 acre tract, same being in said southerly right-of-way line bears N 75°49'09" E at a distance of 210.17 feet;
1) THENCE, departing said right-of-way line, through the interior of said 5.985 acre tract, with the proposed easterly right-of-
way line of Creek Bend Boulevard (right-of-way width varies), along a curve to the left, having a delta angle of 05020'16",
a radius of 1070.00 feet, an are length of 99.68 feet, and a chord which bears 8 38°39'38" W for a distance of 99.64 feet
to a calculated point, being in the centerline of Brushy Creek, being the northerly boundary line of that 197 acre remainder
tract (Third Tract) of land conveyed to Clarence Lorenza Sauis by Instrument recorded in Volume 608, Page 936 of the
Deed Records of Williamson County, Texas, same being the southerly boundary line of said 5.985 acre tract, for the
southeasterly comer of the herein described tract;
2) THENCE, with the centerline of said Brushy Creek, same being the common boundary line of said 5.985 acre tract, and
said 197 acre remainder tract, N 78°09'05" W for a distance of 27.58 feet to a calculated point, being an exterior ell comer
of said Hairy Man Road, same being the southwesterly corner of said 5.985 acre tract, for the southwesterly comer of the
herein described tract;
THENCE, departing said common boundary line, with said existing southerly right-of-way line, same being the northerly boundary
line of said 5.985 acre tract, the following (2) two courses:
N 18025'39" E for a distance of 57.08 feet to a calculated point, being an angle point In said Hairy Man Road, same being
the northwesterly comer of said 5.985 acre tract, for the northwesterly corner of the herein described tract;
N 75°49'09" E for a distance of 73.43 feel to the POINT OF BEGINNING, containing 0.067 acres (2,915 square feet) of
land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That i, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and
correct and that the property described herein was determined by a survey made on the ground under my direct supervision.
WITNESS MY HA ND SEAL at Round Rock, Williamso County, Texas.
//K."&
M. Stephefi Tr6esdiffe
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, LP
Finn Registration No: 100591-00
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
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DOC. NO. 2006030815
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CLARE THEI RD TRACT SAULS /toot' OF WATER (CENT ERS NE F e 9
(REMAINDER OF 197 AC.)
VOL. 608, PG. 936
D. R. W. C. T.
NUMBER
IDELTA ANGLE1
RADIUS
I ARC LENGTH I
CHORD LENGTH
CHORD DIRECTION
C I 1
05. 20' 16"
1 1070. OO'l
99.68' 1
99.64'
S 38-39'38" W
1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM, NAD 83. CENTRAL ZONE.
2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT.
THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT
NOT DEPICTED HEREON.
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT •••O••� •.
AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BYTF9
A SURVEY MADE ON THE GROUND UNDER MY DIRECT
SUPERVISION. 3 .:..:,.....,...................
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................ TRUESDAE
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M. EPHEN RUESDALE DATE, SUFZr C
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 —ACRES_
LICENSED STATE LAND SURVEYOR -
INLAND GEODETICS. LP ACOUISITION 0.067 2.915
FIRM REGISTRATION NO. 100591-00
1504 CHISHOLM TRAIL ROAD, SUITE 103 CALC/AREA 5.985 260,707
ROUND ROCK, TX 78681 REMAINDER AREA 5.918 257,792
PARCEL PLAT SHOWING PROPERTY OF
INLAND
GEODETICS JORGE L. GONZALEZ
PROFESSIONAL LAND SIAIYEYORS
1504 CNISMV TRAIL R0. SUITE 103
MIND ROCK, Tx. 18681 SCALE PROJECT COUNTY
RL 1512) 231.12M. TO 15121238.1251 W1I " = 50' CREEK BEND BOULEVARD WILLIAMSON
EXHIBIT
DEED
Creek Bend Boulevard Right of Way
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
Date: .2014
Grantor: JORGE L. GONZALEZ
Grantor's Mailing Address (including county):
County
Grantee: CITY OF ROUND ROCK, TEXAS
Grantee's Mailing Address (including county):
Attn: City Manager
221 East Main Street
Round Rock, Texas 78664
Williamson County
CONSIDERATION: TEN AND NO/100 DOLLARS and other good and valuable
consideration.
PROPERTY (including any improvements):
All of that certain 0.067 acre tract of land, more or less, out of and situated in the
Elisha McDaniel Survey, Abstract No. 441 in Williamson County; being more
fully described in Exhibit "A", attached hereto and incorporated herein (Parcel 5);
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded
restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral
severances, and other instruments, other than liens and conveyances, that affect the property;
rights of adjoining owners in any walls and fences situated on a common boundary; and any
encroachments or overlapping of improvements;
00308047.DOC
Grantor, not joined by my spouse for the Property conveyed herein is my sole and
separate property and forms no part of my homestead owned or occupied, for the consideration
stated herein and other good and valuable consideration, the receipt of which is acknowledged,
and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and
conveys to Grantee the Property, together with all and singular the rights and appurtenances
thereto in anywise belonging, to have and hold it to Grantee, Grantee's heirs, executor,
administrators, successors or assigns forever. Grantor's heirs, executors, administrators and
successors are hereby bound to warrant and forever defend all and singular the property to
Grantee and Grantee's heirs, executors, administrators, successors and assigns against every
person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the
reservations from and exceptions to conveyance and warranty.
This deed is being delivered in lieu of condemnation.
When the context requires, singular nouns and pronouns include
Jorge
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the day of , 2014,
by Jorge L. Gonzalez, in the capacity and for the purposes and consideration recited herein.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock, Texas
Attn: City Manager
221 East Main St.
Round Rock, Texas 78664
AFTER RECORDING RETURN TO: