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CM-05-07-141RECD J U Request for City Council/City Manager Action City Council Eca City Manager Submit completed form for ALL Cit Department Name: Contact Person: Legal Manager and City: Council approvals. Shelley Gonzales/Rose McMillin Project Manager/Resource: Bill Stablein Project Coordinator: Don Childs Assigned Attorney: yid an°pt *a>/ ng Blue Sheet Wording Authorization for the City Manager to execute a real estate contract for the purchase of a 0.660 acre tract of land from Travis and Edelgunde Johnson for the Red Bud Lane Project (Parcel 8). x Don Childs 29 -Jul -05 Project Name: Red Bud Lane Phase ID Contractor/Vendor: Funding Source: 48 Amount: $25,694.00 Finance Information Is Funding Required? Finance Approval ElFinance Finance Purchasing EJBudget X it AAT 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) Authorization for the City Manager to execute a real estate contract for the Red Bud Lane Project - Parcel 8 Travis Johnson. L. Olsen N/A E. wilson N/A HB N/A CYD $25,694.00 Date 7/27/2005 Date Date Date 7/26/2005 7/26/2005 7/26/2005 F'z ygY='y_= ir>Sutxr%itsstors�o A'l�t; �rtyi�Cn�r�icil,aitd.Ci,Niaei;Acn%&&l Project Mgr. Signature: r At City Manager Signature: Eigt ;.41 Ai Dept.. Arrector, Pqd ie+, °pproval;and fa Date: i p� Date: Date: Date: s r., is u. Updated 6-9-05 DATE: SUBJECT: ITEM: CITY MANAGER BLUE SHEET FORMAT July 21, 2005 City Manager Approval - Friday, July 29, 2005 Authorization for the City Manager to execute a real estate contract for the purchase of a 0.660 acre tract of land from Travis and Edelgunde Johnson for the Red Bud Lane Project (Parcel 8). Department: Legal Staff Person: Steve Sheets/Don Childs Justification: Purchase Right -of -Way from Travis and Edelgunde Johnson for the widening and improvement of Red Bud Lane (CR 122 - Parcel 8). Funding: Cost: $25,694.00 Source of funds: 4B Corp. Background Information: N/A Updated 3-10-05 Red Bud (phasell)-parcel8 REAL ESTATE CONTRACT Red Bud Lane State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between TRAVIS D. JOHNSON AND EDELGUNDE JOHNSON, (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: 0.660 acre tract of land situated in the Robert McNutt Survey, Abstract No. 422, in Williamson County, Texas, being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein (Parcel 8); 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 TWENTY FIVE THOUSAND SIX HUNDRED NINETY FOUR and 00/100 Dollars ($25,694.00). Payment of Purchase Price 2.03. The Purchase Price shall be payable in cash at the closing. @PFDesktop\::ODMA/WORLDOX/0:/wdox/CORK/transprt/redbudph3/par8joh son/contract/00073508.WPD/sls Cim-©s -©7-141 Red Bud (phaseIll)—parcel 8 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 Red Bud (phasel10-parcel 8 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 February 15, 2005, or at such time, date, and place as Seller and Purchaser may agree upon (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 (phaselll)—parcel 8 (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 Red Bud (phaseIII)—pareel8 (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 (phaselll)—parcel 8 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. 6 Red Bud (phaseIllj—parcel 8 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. 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 deposit of the Escrow Money with the Title Company and full execution of this contract. 7 Red Bud (phaseBI)-parcel 8 Edel i�de Johnsd��34� Date: PURCHASER: CITY OF ROUND ROCK By: es Nuse, P.E. Manager 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: 1- a9 -O 8 Address: ✓ AO 7~'r Address: M%3 aet" .au,,C1 2zei,TX 7.166fL PARCEL: 8 COUNTY: WILLIAMSON OWNER: TRAVIS D. & EDELGUNDE JOHNSON EXHIBITA PROPERTY DESCRIPTION Page 1 of 4 DESCRIPTION OF A 0.660 ACRE TRACT OF LAND SITUATED IN THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF 31.172 ACRE TRACT OF LAND CONVEYED TO TRAVIS D. JOHNSON AND EDELGUNDE JOHNSON BY INSTRUMENT RECORDED IN VOLUME 663, PAGE 164 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.660 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGIN FOR REFERENCE at a 'h" iron pipe found in the southerly right-of-way line of County Road No. 123 (CR123), being the northwesterly corner of a 1.00 -acre tract of land conveyed to Travis D. Johnson and Edelgunde Johnson by instrument recorded in Volume 812, Page 564 of said Official Records and an ell corner in the northerly boundary line of said 31.172 -acre tract of land, THENCE with the common boundary line of said 31.172 -acre tract and CR123 N 83°44'34" W a distance of 792.98 feet to a capped 1/° iron rod set in the proposed easterly right-of-way line of County Road No. 122 (CR122) for the easterly point of cutback with CR123, same being the northeasterly comer and POINT OF BEGINNING hereof; THENCE departing said southerly right-of-way line, with said proposed right-of-way line and through said 31.172 -acre tract the following (3) courses labeled 1 through 3: 1, S 44°34'19" W for a distance of 62.00 feet to a capped '/i' iron rod set being the beginning of a curve to the right; 2. Along the arc of said curve to the right 335.03 feet, having a radius of 4550.00 feet, a central angle of 493'08", and a chord which bears S 04°41'21" E a distance of 334.96 feet, to a capped'/z° iron rod set being a point of tangency of said curve; 3. S 02°34'47" E for a distance of 435.94 feet to a capped W' iron rod set in the northerly line of Lot 1, Block 1, Greenfields, a subdivision of record in Cabinet D, Slides 166-167 of the Plat Records of Williamson County, Texas, same being in the southerly boundary line of said 31.172 -acre tract for the southeasterly comer hereof and from which a calculated point being the northeasterly corner of said Lot 1 bears N 89°11'55" E a distance of 159.12 feet; PARCEL: 8 COUNTY: WILLIAMSON OWNER: TRAVIS D. & EDELGUNDE JOHNSON Page 2 of 4 4, THENCE with the common boundary line of said Lot 1 and 31.172 -acre tract S 89°11'55" W for a distance of 38.75 feet to a calculated point in the easterly existing right-of-way line of CR122 as described by instrument and conveyed to Williamson County, Texas, recorded in Volume 1181, Page 657 and Volume 1198, Page 723 of the said Official Records, said point being the northwesterly corner of said Lot 1 and southwesterly corner of said 31.172 -acre tract for the southwesterly corner hereof; 5. THENCE with the common boundary line of said 31.172 -acre tract and CR122 N 02°12'34" W for a distance of 821.99 feet to a calculated point in the southerly existing_ right-of-way line of CR123 being the northwesterly corner of said 31.172 -acre tract and northwesterly corner hereof; 6. THENCE with the common boundary line of said 31.172 -acre tract and CR123 S 83°44'34" E for a distance of 67.34 feet to the POINT OF BEGINNING containing 0.660 acre of land more or less. All bearings. recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. This property description is accompanied by a separate plat. That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. M. Stephen'Truesdal Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Civil Associates, L.L.C. 206 West Main Street Suite 107 Round Rock, TX 78664 512-238-1200 CR122-PARCEL8.DOC ,2fPiz L Date 51 r, h TR J 1E ;„.t -';--0..!0j. W 5 t1 7 �LOT 1 GREEK VIEW q I SUBDIVISION V1 q �o CAB. S, SL. 366 367 \ASF P.R.W.C.7. 10' ROW 1 '__ LOT 2 DEDICATION PER ____ �l _ PLAT L3 COUNTY ROAD 123 (R —013° W VARIEg}' • P.O.B. N 8.3°44'..34'` W 792.98' PARCEL 8 25 0 50 100 SCALE 1" = 100 FOREST BLUFF SECTION IC CAB. 0, SL. 346-346 P.R.W.C.T. LEGEND • I/2" IRON ROD FOUND UNLESS NOTED OO 1/2" IRON PIPE FOUND UNLESS NOTED O 1/2" IRON ROD SET W/CAP A CALCULATED POINT R PROPERTY LINE P.O.B. POINT OF BEGINNING B.F.R. BEGIN FOR REFERENCE O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS P_R.W.C.T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS —*--X--- WIRE FENCE 0 3 „Lb,bEoZO S TRAVIS D. JOHNSON EDELGUNDE JOHNSON 31.172 ACRES VOL. 663, PG. 164 O.P.R.W.C.T. MATCHLINE SEE PAGE 4 OF 4 B.F.R. PARCEL. 8 1 TRAVIS D. j JOHNSON a EDELGUNDE 1 JOHNSON 1.00 ACRES 1 VOL. 812, PG. 564 0.P.R.W.C.T. NUMBER CI DELTA 04°13'08" RADIUS 4550.00 ARC 335.03 CHORD 334.96 CHORD BEARING S 04°41'21" E NUMBER DIRECTION DISTANCE LI S 44°34'19" W 62.00' L2 5 89°11'55" W 36.75' L3 S 83°44'34" E 67.34' PAGE 3 OF 4 6 INLAND CIVIL" ASSOCIATES PROFESSIONAL LAND SURVEYORS Y 206 W. MAIN ST. SUITE 107 ROUND ROCK, TX. 78664 PR. 1512) 2313-1200, FAX 1512)238-1251 RIGHT OF WAY SKETCH COUNTY ROAD 122 WILLIAMSON COUNTY, TEXAS PARCEL 8 TRAVIS D. JOHNSON & EDELGUNDE JOHNSON • r= —t-- FOREST 1^ FOREST BLUFF SECTION IC CAB. 0, SL. 346-348 P.R.W.C.T. 3N11 A3'A2!(1S 3191SN31S0 v 0 25 0 50 100 0 0 O SEE PAGE 3 OF 4 SCALE P' = 100' b6'9£17 3 i,L17,17£oZ0 S MATCHLINE TRAVIS D. JOHNSON, et ux 31.172 ACRES VOL. 663, PG. 164 0.P.R.W.C.T. 0.660 ACRE, L2x0 N 89°11'55" E 159.12' LOT 1 GREENFIELDS BLOCK I CAB. D, SL. 166-167 P.R.W.C.T. LOT 2 NOTES: ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012. THIS SURVEY WAS PERFORMED FOR RIGHT-OF-WAY ACQUISITION PURPOSES. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDE: CTION AND SUPERVISION AND THAT THIS PLAT IS TRUE ANDCORRECT TO THE >" r c OFD r ''' ,:LEDGE AND BELIEF. vig t5 CSC 11, 4/4/& RUES' •S ALE /�/� �. M. STEPHEN TRUESDALE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 LICENSED STATE LAND SURVEYOR INLAND CIVIL u V...) PROFESSIONAL. LAND SURVEYORS T 206 W. MAIN 5T. SUITE 107 ROUND ROCK, TX. 78664 PX. 512) 238-1200, FAX 612) 238-1251 ASSOCIATES J PAGE 4 OF 4 RIGHT 0 COUNTY WILLIAMSON COUNTY, TEXAS PARCEL 8 TRAVIS D. JOHNSON 81 EDELGUNDE JOHNSON