CM-06-06-135Red Bud.—parcel 9
REAL ESTATE CONTRACT
Red Bud Lane
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between LARRY CARR
AND DIANE CARR, (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 ("Property"):
Fee simple interest in a 0.242 acre tract of land, more or less, situated in the John
H. Randall Survey, Abstract No. 531, in Williamson County, Texas, being more
fully described by metes and bounds or shown in Exhibit "A", attached hereto and
incorporated herein (Parcel 9);
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 FIVE THOUSAND and
00/100 Dollars ($5,000.00).
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the closing.
C:\Documents and Settings LARRY E. CARR\My Documents\CARR(9p—Realestatecontract--RedBudLane(00100607).doc
r,��-Ott-DLP- /35
Kiphen Rd —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 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.
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) 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.
2
Kiphen Rd.—parcel 8
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the Title Company on or before July 15, 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 to all of the Property as shown in Exhibit "A", free and clear
of any and all liens and encumbrances, 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) If requested, 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 Purchaser's drainage easement interest 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 if not previously done.
3
Kiphen Rd—parcel 8
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price.
Prorations
5.04. If required, 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.
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.
4
Kiphen Rd.—parcel 8
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.
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.
5
Kiphen Rd.—parcel 8
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, with the exception of the Posession and Use agreement previously executed
regarding this Property, which remains in full force and affect until the closing of this transaction.
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.
[signature pages follow]
6
Kiphen Rd.—parcel 8
SELLER:
arry Carr
Date: e D(
Diane Carr
Date:
PURCHASER:
CITY OF ROUND ROCK
By:
Its: Cidy Maryfr
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date: le
Address: /01 TTP -11/11
/'ovd/d 2g 732 7Pe0
Address: /0/ cia-6/•- Q/b fa'?
SKETCH TO ACCOMPANY DESCRIPTION
KELLMAX VENTURES. LTD.
1 CALLED 7.044 ACRES
(S 88'46'30' DOC. NO. 2001083649
S 83'45'52• E 5158'
SCALE: 1, — 40'
WILLIAMSON COUNTY.
TEXAS
Al I
lux
0 A 7,W
9.1
"o
VO �2
8 5,40 a
1
1e
a
PARCEL 9
0.242 ACRE
(10,554 SQ. Ff.)
MGM
• I/2' IRON ROD FOUND
O L/2' IRON ROD FOUND
WITH CAP (AS NOTED)
O PIPE FOUND (SIZE NOTED)
A MAO NAIL FOUND
O 1/2' IRON ROD SET WITH
BAKER-AICKLEN CAP
0 CALCULATED POINT
( ) RECORD INFORMATION PER
CAB. E. U. 213 - 214
NUMBER
BEAMS
DISTANCE
LI
N 86'0226• I
0108'
1.2
N 86'0226' W
37.91'
L3
8 88645'52' E
47.00'
L4
8 40•51'27• E
2LI5'
L5
8 83'45".12• E
8.58'
NUMBER
RADNS
ARC
DELTA
CK BR6.
CHORD
CI
20.00
31.17
8r1013'
N 41•23109' W
28.4
RONALD STOCKFORD
LOT I, BLOCK ',4'
CALLED 1.62 AC.
DOC. NO. 9643410
BASIS OF BEARINGS IS THE COUNTY
ROAD 122 PROJECT BETWEEN U. S
HIGHWAY NO. 79 AND FOREST CREEK
DRIVE, PERFORMED 8Y
BAKER-AICKLEN, APRIL. 2000.
JOHN H. RANDALL SURVEY,
ABSTRACT" NO. 53 9
N 86'0226• 1,717•99'
... .... .. .. ........, `. (N 68.57' Iv 51.167
Nor TO sours::
---
='-Twirl
N 86'0226' W
0.37'
POINT OF
BEGINNING
BEGINNING FOR
REFERENCE
JACKRABBIT SUBDIVISION
CAB. E, SL. 213-214
JACIOVABBIT RUN
(60' R.O.W. WIDTH)
CAB. E, SL 213-214
ROBERT C. AND
MARJORIE L. BAUMBACH
LOT L BLOCK 9'
CALLED 1.35 AC.
DOC. NO. 9609668 —
BURNELL E. McOUEEN, ET AL.
CALLED 6.25 ACRES
DOC. NO. 9926654
DATE: FEBRUARY, 2003
JOB NO.: 0601-2-058-51
BY: TJR
PAGE 3 OF 3
Ink
BAKER-AICKLEN
O.1waou.s. WC.
ENOINEERB/SURVEYORI
IMPRoic*l1,eaR\aBtJ!-RED Row wTCMPARCE. ~OW (3 OF 31 Mb 01.row - Moe
Lot 1, Block A
Jackrabbit Subdivision
0.242 Acre Tract
Page 1 of 3
DESCRIPTION
FOR A 0.242 ACRE (10,554 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE JOHN H. RANDALL SURVEY, ABSTRACT NO. 531, WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK A,
JACKRABBIT SUBDIVISION, A SUBDIVISION RECORDED IN
CABINET E, SLIDES 213 - 214 OF THE PLAT RECORDS OF SAID
COUNTY, SAID 0.242 ACRE TRACT AS SHOWN ON THE
ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a 'h" iron rod found on a point of tangency on the south
line said Lot 1, same being the north right-of-way line of Jackrabbit Run (60 foot right-of-way
width);
THENCE with the south line of said Lot 1, same being the north right-of-way line of said
Jackrabbit Run, N 86° 02' 26" W for a distance of 13.08 feet to a W' iron rod set with Baker-
Aicklen cap for the southeast corner and POINT OF BEGINNING hereof;
THENCE with the south line of said Lot 1, same being the north right-of-way line of said
Jackrabbit Run, N 86° 02' 26" W pass a %," iron rod found on the intersection of the north right-
of-way line of Jackrabbit Run and the east line of a 25 foot wide road widening easement per
said Jackrabbit Subdivision at a distance of 32.67 feet, continuing for a total distance of
37.91 feet to a calculated point for a point of curvature hereof, from which a ''A" iron rod found
bears, N 86° 02' 26" W for a distance of 0.37 feet;
THENCE with the curving intersection of the north right-of-way line of said Jackrabbit Run and
the east right-of-way line of County Road No. 122, also called Red Bud Lane (right-of-way
width varies), with the arc of a curve to the right, having a radius of 20.00 feet, an arc length of
31.17 feet, a central angle of 89° 18' 33", and a chord which bears, N 41° 23' 09" W for a
distance of 28.11 feet to a calculated point of tangency hereof;
Lot I, Block A
Jackrabbit Subdivision
0.242 Acre Tract
Page 2 of 3
THENCE with the west line of said Lot 1, same being the east right-of-way line of said County
Road No. 122, N 03° 16' 07" E for a distance of 215.13 feet to a calculated point for the
northwest corner of said Lot 1, for the northwest corner hereof;
THENCE with north line of said Lot 1, same being the east right-of-way line of said County
Road No. 122, S 850 45' 52" E pass a %" iron rod found on the intersection of the east right-of-
way line of said County Road No. 122 and the east line of said 25 foot wide road widening
easement at a distance of 25.00 feet, continuing for a total distance of 47.00 feet to a'' 'A" iron rod
set with Baker-Aicklen cap for the northeast corner hereof, from which a %z" iron rod found for
the southwest corner of a called 7.044 acre tract of land as described in that deed to Kellmax
Ventures, Ltd. and recorded in Document No. 2001083649 of the Official Records of said county
bears, S 85° 45' 52" E for a distance of 8.58 feet;
THENCE through the interior of said Lot 1, the following two (2) courses and distances:
00
,-� 1) S 04° 19' 32" W fora distance of 219.65 feet to a''A" iron rod set with Baker-Aicklen cap
co for an angle point hereof, and
VD 2) S 40° 51' 27" E for a distance of 21.15 feet to the POINT OF BEGINNING and
containing 0.242 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:
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
JobNo: 0601-2-058-51
Filename: w:1PROJBCTSICORA1CA122-RED BUDIROW a PARCEL 09D0C
CITY MANAGER BLUE SHEET
DATE: June 12, 2006
SUBJECT: City Manager Approval - June 16, 2006
ITEM: Authorization for the City Manager to execute a Real Estate
Contract for the Purchase of property from Larry and Diane Carr
for the Red Bud Lane Project (Parcel 9).
Department: Legal
Staff Person: Don Childs
Justification: Property needed to be acquired as part of the Red Bud
Lane Widening project.
Funding:
Cost: $5,000.00
Source of funds: Where are the funds coming from to pay for this?
Background Information:
Updated 3-10-05