CM-06-01-016Request for City Council/City Manager Action
City Council Egf City Manager
Submit completed form for ALL City Manager and City Council approvals..
Department Name:
Contact Person:
Legal
Shelley Gonzales/Rose McMillin
Project Manager/Resource: Steve Sheets/Don Childs
Project Coordinator:
Assigned Attorney:
Don Childs
Council or-Ctty Manager
Approval/Agenda'Date:i 3 -Feb -06
Blue Sheet Wording
Project Name: Red Bud Lane - Sidewalks
Contractor/Vendor: Bruce and Stephanie Johnson
Funding Source:
Amount:
$25,000
Authorization for the Mayor to execute a Real Estate Contract for the purchase of 0.131 acres of ROW from Bruce & Stephanie Johnson for the Red Bud Lane Project.
Finance Information
Is Funding Required? pi Yes f No
X
Finance Approval
Finance
ElFinance
iPurchasing
El Budget
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:
Other (Please clearly identify action on lines below)
Contract for the purchase of right of way
L. Olsen
N/A E. Wilson
N/A CYD
Date
Date
Date
Date
Amount
$25,000.00
8/24/2005 2-1-06
8/23/2005
8/23/2005
For Submission to ALL City Council and/City Manager Action Items
Project Mgr. Signature:
Dept. Director Signature*:
City Attorney Signature:
City Manager Signature:
1
* Dept. Director and Legal Approval and is required for ALL items requesting City Manager/City Council approval.
Date: 21 , />
Date:
Date: `{ ..1,-.41 O(r
Date:
Updated 6-9-05
DATE:
SUBJECT:
ITEM:
Resource:
CITY MANAGER BLUE SHEET
January 27, 2006
City Council Meeting —February 3, 2006
Consider a resolution authorizing the Mayor to execute a Real Estate Contract
with Bruce & Stephanie Johnson for the purchase of right of way for the Red
Bud Lane Sidewalk project
Steve Sheets/Don Childs
Justification: This contract with Bruce & Stephanie Johnson is for right of way acquisition for
the Red Bud Lane sidewalk project.
Funding:
Cost: $25,000
Source of funds: 2001 GO Bonds
Outside Resources: Sheets & Crossfield, P.C.
Impact:
N/A
Background Information: This property was appraised at $17,349.
Public Comment:
@PFDcsktop\::ODMA/WORLDOX/O:/WDOX/CORK/TRANSPRT/REDBUD-3/PAR2J0--1/OTHERDOC/00095365. WPD/sc
Red Bud Lane Sidewalk -parcel 2
REAL ESTATE CONTRACT
Red Bud Lane/CR 122
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between BRUCE
JOHNSON AND STEPHANIE DORSEY-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:
0.131 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 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 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
and 00/100 Dollars ($25,000.00).
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the closing.
@PFDesktop\::ODMA/WORLDOX/O:/WDOX/CORR/TRANSPRT/REDBUD-3/PAR2J0-1CONTRACT/00089264.WPD/sls
�m-Ocj-Of-Of Co
Red Bud Lane Sidewalk—parcel 2
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 Sidewalk—parcel 2
(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 Title Company on or before February 24, 2006, 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, 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 Sidewalk—parcel 2
(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:
Owner's Title Policy and survey to be paid by Purchaser.
Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
All other closing costs shall be paid by Purchaser.
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 Sidewalk—parcel 2
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 peimitted 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.
5
Red Bud Lane Sidewalk—parcel 2
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.
Possession and Use Agreement
9.10 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 and payment of the Escrow deposit.
6
Red Bud Lane Sidewalk—parcel 2
Effective Date
9.11 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:
Stephanieors -Johnson'
Date: 7
PURCHASER:
CITY OF ROUND ROCK
By:
.James R. N use., PE.
Its: ► I L t '1.i_' �Y
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date: a-5-Oip
7
Address: / (1,1 : 1 i. Zit/
Address:
(S417 Ift,i4e._
Lot 1, Block B
Oak Bluff Estates
0,131 Acre Tract
Page 1 of 3
DESCRIPTION
FOR A 0.131 ACRE (5,719 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422 IN
WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1,
BLOCK B, OAK BLUFF ESTATES, A SUBDIVISION RECORDED IN
CABINET F, SLIDES 125 — 127 OF THE PLAT RECORDS OF SAID
COUNTY, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a %2" iron rod found for the southwest corner of said Lot 1, same being the
northwest comer of Lot 21, Block B, of said Oak Bluff Estates, being on the east right-of-way
line of County Road 122 (right-of-way width varies), for the southwest corner and POINT OF
BEGINNING hereof;
THENCE with the west line of said Lot 1, same being the east right-of-way line of said County
Road 122, the following two (2) courses and distances:
1) N 03° 53' 55" E for a distance of 1.42 feet to a calculated angle point hereof, and
2) N 04° 55' 18" E for a distance of 229.19 feet to a calculated point of curvature hereof;
THENCE with the curving intersection of the east right-of-way line of said County Road 122
and the south right-of-way line of Woodland Loop (50 foot right-of-way width), with the arc of a
curve to the right, having a radius of 20.00 feet, an arc length of 31.89 feet, a central angle of
91° 22' 06", and a chord which bears, N 49° 27' 17" E for a distance of 28.62 feet to a 72" iron
rod found for a point of tangency hereof;
THENCE with the north line of said Lot 1, same being the south right-of-way line of said
Woodland Loop, S 84° 51' 09" E for a distance of 20.07 feet to a V2" iron rod set with "Baker-
Aiclden" cap for the northeast comer hereof, from which a %2 ' iron rod found for the northeast
comer of said Lot 1 bears, S 84° 51' 09" E for a distance of 114.48 feet;
Lot 1, Block 13
Oak Bluff Estates
0.131 Acre Tract
Page 2 of 3
THENCE through the interior of said Lot 1, the following two (2) courses and distances:
1) with the arc of a curve to the left, having a radius of 20.00 feet, an arc length of 32.01 feet,
a central angle of 91° 41' 30", and a chord which bears, S 49° 18' 06" W for a distance of
28.70 feet to a %z" iron rod set with "Baker-Aicklen" cap for a point of tangency hereof,
and
2) S 03° 27' 22" W for a distance of 230.62 feet to a %z" iron rod set with "Baker-Aicklen"
cap on the south line of said Lot 1, same being the north line of said Lot 21, for the
southeast comer hereof;
THENCE with the south line of said Lot 1, same being the north line of said Lot 21,
N 84° 47' 31" W for a distance of 25.94 feet to the POINT OF BEGINNING and containing
0.131 acres 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:
Mar:aret A. Nolen
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
lob No.: 0601-2-05840
Filename: W:IPROJECTS1CORRICR I22\CR122-Recent\ROW TAKEIMETES AND BOUNDS\CR 122 LOT 1 BLOCK B OAK BLUFF_DOC
i
i
i
i
I
i
i
I
i
SKETCH
Na>
NN
NN
fAgliliV,
POINT OF
IBEGINNING
Pe C .E3 E R -r jw J! L.17 -71-
_A a
1T rA.8 TJ AC -I No.
TO ACCOMPANY DESCRIPTION
1
NUMBER
BEARING
DISTANCE
LI
N 03°53'55" E
1.42'
N 01°03'3l" W)
(1.48')
L2
S 84°51'09" E
20.07'
L3
N 84°47'31" W
25.94'
WOODLAND LOOP
(50' R.O.W. mom)
•(S 89°49'30" E /34.65')
L2 S 84°51'09"
4° t
rL -----,-E 134.55,
S 84°51'09" 4 8'
7--
SUBJECT TRACT
0.131 ACRE
(5,719 SQ. FT)
co
0
LOT 1, BLOCK B
OAK BLUFF ESTATES
CAB. F, SLIDES 125-127
LOT 21, BLOCK B
OAK BLUFF ESTATES
CAB. F, SLIDES 125-127
NUMBER
CI
RADIUS
20.00'
(20.00')
ARC J CEN. ANGLE
U.F V F2 Y,
422
I
I
SCALE: 1" = 50'
WILLIAMSON COUNTY, TEXAS
LEGEND
• 1/2" IRON ROD FOUND
O I/2" IRON ROD SET WITH
"BAKER-AICKLEN" CAP
A CALCULATED POINT
( ) RECORD BEARING AND
DISTANCE PER
CAB. F, SLIDES 125-127
CH. BRG.
31.89' 91°22'06"
(31.90') (91°23'09")
C2 20.00' 32.01' 91°41'30"
N 49°27'17" E
(N 44°28156" E)
CHORD
28.62'
(28.62')
S 49°18'06" W
28.70'
GATE: FEB.. 2003
JOB NO.: 0601-2-059-80
BY: M. NOLEN
PAGE 3 OF 3
BAKER .AICKL..EN
& A880CIAIE8.1NC.
ENGINEERS/SURVEYORS
M:\PRODI;CTS\COkR\C17122\CRl2z-R•catf\ROM TAKE\DWG\CR 122 LOT 1 BL0CK B OAK SUIFFdwg IMcd tj Octab.r 19. 2004 - 9_S4e1n