CM-05-07-123Request for City Council/City Manager Action
City Council v City Manager
REC°
Department Name: Legal
Contact Person: Shelley Gonzales/Rose McMillin
Project Manager/Resource: David Bartels
Project Coordinator: Steve Sheets/Don Childs
Assigned Attorney:
Blue Sheet Wording
Don Childs
D
8JuI-05
Project Name: Sam Bass Road
ContractorNendor:
Funding Source: Go Bonds
Amount: $2,500.00
Authorization for City Manager to execute a Real Estate Contract for the purchase of 0.004 acre of ROW from Ramesh Appareddy for the Sam Bass Road Project.
Finance Information
Is Funding Required?
lx
Finance Approval
QFinance
Ei Finance
0Purchasing
EJBudget
Yes
No
Initial Construction Contract
Construction Contract Amendment
Change Order
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. Agr.
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Amount
Other (Please clearly identify action on lines below)
City Manager to execute Real Estate Contract with Ramesh
Appareddy for the purchase of ROW on Sam Bass Road.
L. Olsen
N/A E. Wilson
N/A HB
N/A CYD
rb `i sio?i �oF,7k L t Cofiff cr kei ditvI*na'$er
Project Mgr. Signature_
$2,500.00
Date 7/6/2005
Date 7/5/2005
Date 7/5/2005
Date
7/5/2005
Date: 41tai aCIC)
Date:
Date%
Date:
Updated 6-9-05
BLUE SHEET FORMAT
(City Manager Submission)
DATE: July 1, 2005
SUBJECT: City Manager Approval - July 8, 2005
ITEM: Authorization for City Manager to execute a Real Estate Contract
for the purchase of 0.004 acre of ROW for the Sam Bass Road
Project.
Department: Legal
Staff Person: Steve Sheets/Don Childs
Justification: Purchase Right -of -Way from Ramesh Appareddy for the
improvement of Sam Bass Road.
Funding:
Cost: $2,500.00
Source of funds: GO Bonds
Background Information: Increased mobility to the City
Updated 3-10-05
REAL ESTATE CONTRACT
Sam Bass Road project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between RAMESH C.
APPAREDDY AND VIJAYALAKSHMI APPAREDDY, (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:
.004 acre of land out of and a part of the Jacob 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 2).
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 TWO THOUSAND FIVE
HUNDRED and no/100 Dollars ($2,500.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the closing.
C:\Documents and Settings\Ramesh Appareddy\Desktop\AacAREDDY--Reaj estate contract (5-26-05) (00086980). dac/sls
Cm -05-07-/Z3
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 Texas American 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.
Miscellaneous Conditions
3.03. 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;
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and
restrictions relating to the Property, or any part thereof;
2
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 the Title Company, on or before June 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 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)
(c)
Any exceptions approved by Purchaser pursuant to Article III hereof; and
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)
(b)
The boundary and survey exceptions shall be deleted;
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.
3
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.
(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,
4
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.
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.
5
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, 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:
Ramesh C. Appareddy
VijayAppareddy
Date: L' hi 9 S
6
PURCHASER:
CITY OF ROUND ROCK
By:
s Nuse, P.E.
Manager
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date: 1- -o5
7
EXHIBIT "A"
Field Notes for Parcel 2
Ramesh C. Appareddy
Vijavalakshmi Appareddy
To
City of Round Rock
(for Street Purpose)
BEING 0.004 OF ONE ACRE (180 S.F.) 0 LAND, MORE OR LESS, OUT OF AND A
PART OF THE JACOB M. HARREL SURVEY, ABSTRACT No. 284 IN WILLIAMSON
COUNTY, TEXAS, SAME BEING A PORTION OF LOT 1, KILGORE SUBDIVISION,
RECORDED IN CABINET L, SLIDE 350 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, CONVEYED TO RAMESH C. APPAREDDY AND VIJAYALAKSHMI
APPAREDDY BY DEED FILED FOR RECORD CN OCTOBER 30, 2000, RECORDED IN
DOCUMENT 2000072456 OF THE OFFICI_vL PJSLI_C RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 0.004 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 pipe found at the intersection of the proposed north
line of Sam Bass Road with the existing north line of Sam Bass Road, same being
the most easterly corner of Lot 1, Kilgore Subdivision recorded in Cabinet L,
Slide 350 of the Plat Records of Williamson County, Texas conveyed to Ramesh C.
Appareddy and Vijayaiakshmi Appareddy by deed recorded in Document 2000072456 of
the Official Public Records of Williamson County, Texas and in the southwest line
of a 0.3256 acre tract of land conveyed to William R. Crisp Jr. and Sharlyne Crisp
by deed recorded in Document No. 9731010 of the Official Records of Williamson
County, Texas, same also being South 21°22'22" East, a distance of 126.04 feet from
a 1/2 inch iron pipe found at a corner in the east line of said Lot 1, 39.84 feet
left of and at right angles to the Engineer's Centerline Station 8+01.32, for the
Point of Beginning and the most easterly corner of the herein described tract of
land;
1) THENCE, South 70°20'27" West, a distance of 78.40 feet, with the existing
north line of Sam Bass. Road and a southeasterly line of said Lot 1, to a
calculated point for a corner;
2) THENCE, South 87°47'57" West, a distance of 15.28 feet, to a 1/2 inch iron
rod with cap set 35.24 feet left of and at right angles to Engineer's Centerline
Station. 7+00.62, for the most westerly corner of the herein described tract of
land;
3) THENCE, North 73°09'51" East, a distance of 93.09 feet, with the proposed
north line of Sam Bass Road, to the Point of Beginninc and containing an area of
0.004 of one acre of land, more or less.
Eduarddo . ��"
ez
Registered Professional Land Surveyor 5010
Martinez, Wright & Mendez, Inc_
7700 Chevy Chase Drive, Suite 100
Austin, Texas 78752
(512) 453-0767
Bearing Basis: State Pane, Central Sone, NAD 83 (HARN)
WCAD No.: R347963
T:\Projects\?0212\Pi°Id Notes\P3Li2E1d.doc
Page 1 of 2
\
J M HARRE��
A_ 284
SCALE: \
1"=50'
KILGORE SUBDIVISION ,\
CAB. L, SL. 350 ro\ \
PRWCT
n G
�\ \
�n\
LOT 1
RAMESH C. APPAREDDY off\
VIJAYALAKSHMI APPAREDDY
DOC.# 2000072456
OPRWCT
u RVEY
LOT 1'
BLOCK A
R-EPLAT OF LOT 3
ILGORE SUBDIVISION
\ CAB. M, SL. 197
\ PRWCT
/
\
\V /
15' PUBLIC UTILITY EASEMENT
CAB. L, SL. 350
PRWCT
\
\ \� 5' PUBLIC UTILITY EASEMENT
\ \ l CAB. L, SL. 353
PRWCT
\ \
\
\
\
\- (588'40'30"W)
00
11
II
4,
A
V1 J_
om\
m
PARCEL � )
O '\
0.004 ACRES \
•
0
( )
OPRWCT
ORWCT
DRWCT
PRWCT
WLLIAM R. CRISP JR.
SHARLYNE CRISP
DOC.# 9731010
ORWCT
POINT OF
BEGINNING
IN=10162538.34
/E=3128546.21
STA. 8+01.32
' 39.84' LT
(123.41') —.
587'47'57"W 15.28'
(58$'40'30"W)
6+00—
EXISTING: 1.77 ACRES
TAKING: 0.004 ACRES
REMAINDER: 1.756 ACRES
RECORD INFORMATION PROVIDED BY:
AUSTIN TITLE COMPANY
101 E. OLD SETTLERS BLVD., SUITE #100
ROUND ROCK. TEXAS 78664
PHONE (512) 255-3343
GE #224409-J
THE FOLLOWING EASEMENT DOES NOT APPLY TO PARCEL 2 AREA:
/ELECTRIC AND TELEPHONE DISTRIBUTION EASEMENT
\GLUME 566, PAGE 276, DRWCT.
THESE SURFACE COORDINATES WERE MODIFIED FROM GRID
STATE PLANE COORDINATES, CENTRAL ZONE, NAD 83 (HARN)
BY DIVIDING BY AN AD,.USTMENT FACTOR CF 0.99995
3
ILSji�a00i
LEGEND
1/2" IRON CORFOUND
(UNLESS NOTED)
1/2" IRON ROD
SET W/ALUMINUM CAP
60D NAIL FOUND (UNLESS NOTED)
1/2" PIPE FOUND (UNLESS NOTED)
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
WILLIAMSON COUNTY, TEXAS
DEED RECORDS OF
WILUAMSDN COUNTY, TEXAS
PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS
PARCEL NUMBER
cJ 1\\\I% o P9yc
i
MARTINEZ
WRIt1GHTI'&
a A MENDEZ
Civil Eq ineering, Lnnd Surveying, Architecture
CHEW CHASE ONE
7700 Chevy Chas, Or7,e
Suite 100. t;i,.
00.0) 511.+23977 :ex) 5i2 -1.5.17J,4
SKETCH TO ACCOMPANY
FIELD NOTES
SATE: 200P02
JOB NO: 70212-10
FLK ROW/PARS
WILLIAMSON COUNTY, TEXAS
2
2CF2