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CM-05-09-161Request for City Council/City Manager Action M. City Council City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Contact Person: Project Manager/Resource: Project Coordinator: Assigned Attorney: Legal Department Shelley Gonzales/Rose McMillin Bill Stablein Ashley Dawson Don Childs Council or City Manager Agenda Date: 2 -Sep -05 Blue Sheet Wording Project Name: Contractor/Vendor: Funding Source: GO Bond Amount: $4,000.00 Authorization for the City Manager to execute a real estate contract for the purchase of a 0.022 acre tract from C.M. Collier, L.P. for the Red Bud Lane (CR 122) widening project (Parcel #16, CM Collier). Finance Information Is Funding Required? Cl 0 CI Finance Approval XDFinance Finance EJPurchasing Budget Yes Ej No Initial Construction Contract Construction Contract Amendment # Change Order # Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Svcs. A # Purchasing/Service Agreement Purchase Order Item(s) to be purchased: Amount Other (Please clearly identify action on lines below) Authorization for City Manager to execute Real Estate Contract for the Red Bud Lane Project. (Parcel #16, CM Collier). L. Olsen N/A E. Wilson N/A CYD For Submission to City Manager Only Project Mgr. Signature: Dept. Director Signature: City Attorney Signature*: City Manager Signature: Date Date Date Date 8/31/2005 $4,000.00 8/31/2005 8/30/2005 Date: C(95_ Date: Date: Date: 2 --OS L gal . proval is required for all items requesting City Manager's approval. Updated 3-9-05 DATE: SUBJECT: ITEM: Resource: August 26, 2005 City Manager Submission — September 2, 2005 Authorization for the City Manager to execute a real estate contract for the purchase of a 0.022 acre tract of land from CM Collier, L.P. for the Red Bud Lane Improvement Project. Steve Sheets/Don Childs Justification: This contract with CM Collier, L.P. is for right of way acquisition for the Red Bud Lane improvement project. Funding: Cost: $4,000 Source of funds: GO Bonds Outside Resources: Sheets & Crossfield, P.C. Impact: N/A Background Information: This property was appraised at $2,874.00 Public Comment: @PFDesktop\::ODMA/ WORLDOX/O:/wdox/CORR/transprdredbudlane/par i 6hand/otherdoc/00090378. WPD/sc 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 as Zdt PAUL HORNSBY & COMPANY REAL PROPERTY APPRAISERS AND CONSULTANTS June 7, 2004 City of Round Rock c/o Ms. Laura Levinson Sheets & Crossfield, P.C. 309 B. Main Street Round Rock, Texas 78664-5246 Re: Complete appraisal of and estimated just compensation for a 958 SF tract of land out of a larger ±1.251 acre tract of land, located along the east line of County Road 122, Williamson County, Texas. Project: Parcel #: Property Owner: WCAD Property ID #: Dear Ms. Levinson: County Road 122 Street Improvements, Gattis School Road to Forest Creek Drive 16 CM Collier Partners, LTD, "Trustee" R-16-3914-0000-0001 Pursuant to your request, we have undertaken a complete appraisal of the above -referenced property, the conclusions of which are set forth in this summary appraisal report. This report is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice (USPAP) for a summary appraisal report. As such, it presents only summary discussions ofthe data, reasoning, and analyses that were used in the appraisal process to develop our opinion of value. Additional supporting documentation concerning the data, reasoning, and analyses is retained in our file. The depth of discussion contained in this report is specific to the needs ofthe client and for the intended use stated below. We are not responsible for unauthorized use of this report. We have inspected the above -referenced property and have undertaken the market research and analyses necessary to furnish you with an estimate of market value for: 1) the whole property before the taking with no consideration ofthe condemnation; 2) the part taken; 3) the remainder before the taking; and 4) the remainder after the taking, considering the intended use of the part taken. The intended use of this report is to assist the City of Round Rock in establishing a basis for just compensation. Based upon the market data and analyses contained herein, the following table summarizes our estimate of just compensation as of June 4, 2004, the date of our most recent inspection of the property. 2404 Rio Grande Street • Austin, Texas 78705 s 512/477-6311 • Fax 512/477-1793 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 This appraisal has been undertaken by use of the Jurisdictional Exception Rule of USPAP. In accordance with state law, neither project influence nor non -compensable elements of the remainder were considered, as required by Standards Rule 1-4 (f) of IJSPAP. The value estimate is predicated on a cash or cash -equivalent sale within a three to six month exposure time. The value estimate is also predicated upon the Assumptions and Limiting Conditions listed in this report. Extraordinary assumptions were required for this appraisal, as summarized on page vii. We certify that, to the best of our knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial and unbiased professional analyses, opinions, and conclusions. We have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. Our compensation for completing this assignment is not contingent upon the u ,, ,k ' ' ,. Value C)nc1u szon and Just Compensation ; timate4' 4 Market Value Just Compensation Market Value, Whole Property $147,219 $2,874 $2,874 $0 Market Value, Part Taken: Market Value, Remainder Before Acquisition: $144,345 $144,345 Market Value, Remainder After Acquisition: Damages/(Enhancements) to Remainder: $0 Recommended Just Compensation: $2,874 This appraisal has been undertaken by use of the Jurisdictional Exception Rule of USPAP. In accordance with state law, neither project influence nor non -compensable elements of the remainder were considered, as required by Standards Rule 1-4 (f) of IJSPAP. The value estimate is predicated on a cash or cash -equivalent sale within a three to six month exposure time. The value estimate is also predicated upon the Assumptions and Limiting Conditions listed in this report. Extraordinary assumptions were required for this appraisal, as summarized on page vii. We certify that, to the best of our knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial and unbiased professional analyses, opinions, and conclusions. We have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. Our compensation for completing this assignment is not contingent upon the u 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 development or reporting of a predetermined value or direction in value that favors the cause ofthe client, the amount ofthe value opinion, the attainment ofa stipulated result, or the occurrence ofa subsequent event directly related to the intended use of this appraisal. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice, and the Canons of Professional Ethics and Conduct of the Texas Real Estate Coxumission. Paul Hornsby and Steve Bryant have made a personal inspection of the property that is the subject of this report. As of the date of this report, I, Paul Hornsby, have completed the continuing education program of the Appraisal Institute. No one provided significant real property appraisal assistance to the undersigned. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. This transmittal letter and the following pages constitute our report which contains the data and analyses utilized in formulating these opinions. If you should have any questions concerning this report, please do not hesitate to contact the undersigned. Respectfully Submitted, PAUL HORNSBY & COMPANY 7Paul Hornsby , SRA, CRE Steve Bryant Certified App. #TX -1331989-G Certified App. #TX -1321761-G 111 Red Bud Lane—Parcel 16 REAL ESTATE CONTRACT Red Bud Lane State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between CM COLLIER, 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: 0.022 acre 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 16); 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 and 00/100 Dollars ($4,000.00). Payment of Purchase Price 2.03. The Purchase Price shall be payable in cash at the closing. @PFDesktop\::ODMA/WORLDOX/O:/wdox/CORR/transprt/redbudlane/parl6haird/contract/00084261.WPD/sls Red Bud Lane -Parcel 16 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 maybe 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, 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. 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 Red Bud Lane -Parcel 16 (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 Texas American Title on or before September 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, s, 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) 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 3 Red Bud Lane—Parcel 16 (3) (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." 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. (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. 4 Red Bud Lane -Parcel 16 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. 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. Red Bud Lane—Parcel 16 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. 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. 6 Red Bud Lane -Parcel 16 SELLER: CM MiLIER, L.P. By: CeturtUaLL' Its: �C^JE- AC. PorwiTI+�L`'/L PURCHASER: CITY OF ROUND ROCK By: es Nuse, P.E. y Manager 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: el- 2.O 7 South L25 Acre Tract M & D Fullerton Subdivision 0.022 Acre Tract Page I of 3 EXHIBIT DESCRIPTION FOR A 0.022 ACRE (958 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOHN H. RANDALL SURVEY, ABSTRACT NO. 531, WILLIAMSON COUNTY, TEXAS, BEING THE SOUTH 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 0.022 ACRE TRACT AS SHOWN ON THE ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 1/2" iron rod found for the northwest corner of Lot 12, Highland Estates, a subdivision recorded in Cabinet H, Slides 32 — 33 of the Plat Records of said county, same being on the east right-of-way line of County Road No. 122, also called Red Bud y w THENCE with the east right-of-way line of said County Road No. 122, N 030 35 06" E for a distance of 600.09 feet to a 1/2" iron rod found on the south line of said south 1.250 acre tract, same being on the north line of a caned 0.724 acre tract of land as described in deed to Preston W. Harvey and recorded in Volume 1946, Page 834 of the Official Records of said county, same being the northeast corner of a called 25 foot wide right-of-way dedication described in Volume 1020, Page 407 of the Official Records of said county, same being a 25 foot road widening easement per said M & 0 Fullerton Subdivision, for the southwest comer and POINT OF BEGINNING hereof; THENCE with the east line of said 25 foot wide road widening easement, N 03° 39' 09" E for a distance of 216.31 feet to the north line of said south 1.250 acre tract, same being the south line of the north called 1.25 acre tract, being a portion of Tract No. 4, of said M & 0 Fullerton Subdivision, for the northwest comer hereof, from which a 1/2" iron rod found bears, N 86° 00' 51" W for a distance of 0.17 feet; THENCE with the north line of said south 1.250 acre tract, same being the south line of said north 1.250 acre tract, 5 86° 00' 51" E for a distance of 5.70 feet to a 1/2" iron rod set with Baker- Aicklen cap for the northeast corner hereof; South L25 Acre Tract & D Fullerton Subdivision 0.022 Acre Tract Page 2 of3 THENCE through the interior of said south L25 acre tract, S 04° 19' 32" W for a distance of 216.31 feet to a V2" iron rod set with Baker-Aicklen cap on the south line of said south 1.25 acre tract, same being the north line of said 0.724 acre tract, for the southeast comer hereof; THENCE with the south line of said south 1.250 acre tract, same being the north line of said 0.724 acre tract, N 86° 00' 51" W for a distance of 3.16 feet to the POINT OF BEGINNING and containing 0.022 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. olen Registered Professional Land Surveyor No. 5589 BAKER-AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 Job No,; 0601-2-058-51 Filename: WAPROJECTS\CORPACR,122-RED BUD1ROWWB\PARCEL 16_DOC SKETCH TO ACCOMPANY DESCRIPTION DORIS LANK SCALE: 1" = 40' 1ILIA.MSON COUNTY, TEXAS coco C ' R.O.W. WIDTH) B,SL. 14--15 .j. t r� --� SEE DETAIL NO.. 1 1 POINT OF BEGINNING BEGINNING FOR REFERENCE I 1 I I I 4 0 NORTH CALLED 1.250 ACRE TRACT BEING A PORTION OF' TRACT NO. 4 M D D. FULLERTON SUBDIVISION CAB. 6, SL_ 245 LEGEND • I/2" IRON ROD FOUND ✓ I/2" IRON ROD FOUND WITH CAP (A5 NOTED) t� PIPE FOUND (SIZE NOTED) A MAG NAIL FOUND O I/2" IRON ROD SET WITH BAKER-AICKLEN CAP A CALCULATED POINT ( ) RECORD INFORMATION PER CAB. G. SL. 245 > RECORD INFORMA TION PER VOL, 1020, PG. 407 .J J --J J`NJ J -L h.4 J"NJ J 1 L L LJi A.0.S Tr IRA r 1NJQ. a 1 SOUTH CALLED L250 ACRE TRACT BEING A PORTION OF TRACT NO. 4 M E D. FULLERTON SUBDIVISION CAB, G, SL. 245 PARCEL 16 4.022 ACRE (958 SQ. F'1'.) 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. DETAIL NO. 1 NOT TO SCALE' 1 t----- L3 42 NUMBER BEARING DISTANCE' LI N 136.00.5111W 3.16' (N 89°40' W) L2 S 86°00"51" E 5.70' (5 89°40' E) L3 N 86°00',51" W 0.17' 1LI ~PRE$rON W. --V r,,,HARVEY `" REMAINDER OF A a0 I 0-- CALLED 724 ACRES v ▪ r. VOL (1ME 1946 PAGE 834 Q L(J L) tu 0• 4 I b 1 tu GARY R. MARTIN AND • • io KAREN B. MARTIN it 4 a a CALLED 0, 718 ACRES in ►nc� VOL. 166I, p ct' I NO DOC. G- 540 DOC.N. `9554386, O. 2001013098, $ DOC. NO. 20010133099 LOT 12, HIGHLAND ESTA TES SECTION 11.4 CAB. H. SL. 32 - .3 W:\PROJECTS\CORR\CR122-RED BUO ROM'\SKETCH\PARCEL 16-0 WG [3 OF 31 Fabrvary 23. 2004 - 8:54am DATE: FEBRUARY, 2003 JOB NO.: 0601-2-058=51 BY: TJR PAGE 3 OF 3 BAKER-AlCK.LEN S ASSDc(/irES, INC, ENSINEERs/SURVEYORS