CM-06-05-11411111111111111
Red Bud Sidewalk
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REAL ESTATE CONTRACT
Red Bud Lane
State of Texas
County of Williamson
IIIHHI
111
CONT
11 PGS
2006043532 11
THIS REAL ESTATE CONTRACT ("Contract") is made by and between MANUEL J.
AND JANELL G. HEINE, (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:
0.153 acre tract of land situated in the Robert McNutt Survey, Abstract No. 422, in
Williamson County, Texas, being a portion of Lot 1, Block Two, Greenfields, a subdivision recorded
in Cabinet D, Slides 166-167 of the Plat Records of said county and being more fully described by
metes and bounds in Exhibit "A", attached hereto and incorporated herein;
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 THIRTY-FOUR THOUSAND
FOUR HUNDRED SEVENTY-FIVE and 00/100 Dollars ($34,475.00).
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the closing.
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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 Title Resources Guaranty
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.
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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 the Title Company, Round Rock office, on or
before April 28, 2006, 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;
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(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 ofTexas 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."
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.
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(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.
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.
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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.
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.
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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 full
execution of this contract, provided, however, that Seller shall be allowed no less than one hundred
(100) days from the date of full execution of this contract to relocate the septic system/drain field
facilities located on the Property before removal or destruction of those existing facilities by
Purchaser.
SELLER:
Manuel J. Heine
G�N% ii, fI
nell
G. Heine
1 Evergreen Drive
Round Rock, Texas 78664
Date:5-11 - 010
PURCHASER:
CITY OF ROUND ROCK
By:
J i es Nuse, P.E., City Manager
221 AIN STREET
ROUND ROCK, TEXAS 78664
Date: 5-I q -Q(o
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Acknowledgments
State of Texas
County of Williamson
This instrument was acknowledged before me on this the '7 day of MC& , 2006
by Manuel J. Heine and Janell G. Heine, for the purposes and consideration stated h ein.
State of Texas
County of Williamson
11/
Staf exas
This instrument was acknowledged before me on this the 2day of I` , 2006 by
James Nuse, City Manager, on behalf of the City of Round Rock, Texas.
/•:::.1!;%;';,,,MICHAEL MASON WEAVER
Notary Public, State of Texas
° My Commission Expires
S:;4;,; .....
Jonuary 31, 2010
1
No .ry Public, Stat of Texas
8
Lot 1, Block Two
Greenfields
0.153 Acre Tract
Page 1 of 3
DESCRIPTION
FOR A 0.153 ACRE (6,644 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 TWO, GREENFIELDS, A SUBDIVISION RECORDED IN
CABINET D, SLIDES 166 - 167 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 '/" iron rod previously found for the southwest comer of said Lot 1, being on
the east right-of-way line of County Road 122 (right-of-way width varies), for the southwest
comer 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° 46' 53" E for a distance of 205.43 feet to a calculated angle point hereof, and
2) N 03° 52' 18" E for a distance of 22.57 feet to a'/2" iron rod found for a 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 Evergreen Drive (50 foot right-of-way width), with the arc of a
curve to the right, having a radius of 19.54 feet, an arc length of 29.49 feet, a central angle of
84° 01' 05", and a chord which bears, N 49° 11' 01" E for a distance of 26.77 feet to a 1/2" 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
Evergreen Drive, S 84° 48' 20" E for a distance of 27.67 feet to a 'h" iron rod set with "Baker-
Aicklen" cap for the northeast comer hereof, from which a 1/2" iron rod found for the northeast
corner of said Lot 1 bears, S 84° 48' 20" E for a distance of 129.37 feet;
THENCE through the interior of said Lot 1, the following two (2) courses and distances:
xh "A"
Lot ',Block Two
Greenfields
0.153 Acre Tract
Page 2 of 3
1) with the arc of a curve to the left, having a radius of 20.00 feet, an arc length of 32.03 feet,
a central angle of 91° 45' 07", and a chord which bears, S 49° 19' 42" W for a distance of
28.71 feet to a 'h" iron rod set with "Baker-Aicklen" cap for a point of tangency hereof,
and
2) S 03° 27' 22" W for a distance of 226.67 feet to a 1/2" iron rod set with "Baker-Aicklen"
cap on the south line of said Lot 1, same being the north line of Lot 1, Block A, Oak Bluff
Estates, a subdivision recorded in Cabinet F, Slides 125 - 127 of the Plat Records of said
county, for the southeast corner hereof, from which a '/2" iron rod found for the southeast
corner of said Lot 1, Block Two, Greenfields Subdivision bears, S 84° 50' 50" E for a
distance of 141.73 feet;
THENCE with the south line of said Lot 1, Block Two, Greenfield Subdivision, same being in
part with the north line of said Lot 1, Block A, Oak Bluff Estates, N 84° 50' 50" W pass a
'h" iron rod found for the northwest corner of said Lot 1, Block A, Oak Bluff Estates at a
distance of 1756 feet, continuing for a total distance of 27.56 feet to the POINT OF
BEGINNING and containing 0.153 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 September, 2005:
Margaret A. Nolen
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN & ASSOCIATES, INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512) 244-9620
r\
•
Job No.: 0601-2-058-80
Filename:
W:\PROJECTS\CORK\CR122\CR122-Receni\ROW TAKE\METES AND BOUNDS\CR 122 LOT 1 BLOCK 2 GREENFIELDS.DOC
1
SKETCH TO ACCOMPANY DESCRIPTION
EVERGREEN DRIVE
Y, (50' R.O.W. WIDTH)
SS88°18'25"4E 15706'
L2 48 20 E 15704'
08ER r NJcJNLrr S UFS
A.8S r 422
N0.
BEARING
MIST.
L!
N 03°52'18" E
22.57'
Cl
(N 00°22'15" E)
(22.5')
L.2
S 84°48'20" E
27.67'
L3
N 84°50'50" W
27.56'
L.4
N 84°50'50" W
17.56'
C rzl
o
0 O
U
POINT OF
BEGINNING
SCALE: 1" = 50'
WILLLAMSON COUNTY, TEXAS
LEGEND
• 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
"BAKER-AICKLEN" CAP
p
re,
•
L4'• S84°50'50" E 141.73'
--�
(5 88°1184°50'50" " E 170.0099'
LOT 1, BLOCK A
OAK BLUFF ESTATES
CAB. F, SLIDES 125-127
(0
N
.41
N
N
!\
N
7c)
O
S 84°48'20" E /29.37'
LOT 1, BLOCK TWO
GREENFIELDS
CAB. D, SLIDES 166-167
SUBJECT TRACT
0.153 ACRE
(6,644 SQ. FT.)
1
1
I
I
I
1
1
t
1
1
1
NO.
RADIUS
ARC
CEN. ANGLE
CH. BRG.
CHORD
Cl
19.54'
29.49'
84°01'05"
N 49°11'01" E
26.77'
_
(19.54')
(31.14')
(9/°!8'20")
(27.90')
C2
20.00'
32.03'
91°45'07"
S 49°19'42" W
28.71'
O 1/2" IRON ROD PREVIOUSLY FOUND
A CALCULATED POINT
RECORD BEARING AND
DISTANCE PER
CAB. F, SLIDES 166-167
DATE: SEPT.. 2005
JOB NO.: 0601-2-106-20
BY: M. NOLEN
PAGE 3 OF 3
BAKER-AICKLEN
Si ASS0CLt8. INC.
ENGINEERS/SURVEYORS
W:\PROJECTS\CORR\CR122\CR122-R.e.nt\ROW TAKE\DW6\CR 122 LOT !BLOCK 2 GREENFIELDS.drp (PAGE 3] SepMmb,r 29. 2005 - 3:46pm
CITY MANAGER BLUE SHEET
DATE: May 17, 2006
SUBJECT: City Manager Approval - May 19, 2006
ITEM: Authorization for the Mayor to execute a Real Estate Contract for
the purchase of 0.153 acres of ROW from Manuel J. and Janeli G.
Heine for the Red Bud Lane Sidewalk (CR 122) Project.
Department: Legal
Staff Person: Steve Sheets/Don Childs
Justification: Purchase of Right -of -Way from Manuel and Janeli Heine for
the Red Bud Lane Sidewalk Project.
Funding:
Cost: $34,475.00
Source of funds: 2001 GO Bonds -2nd Issue
Background Information:
Updated 3-10-05
Heine Acquisition Summary
Property: 0.153 acre fee acquisition out of a 1.067 acre tract of land located at 1 Evergreen
Drive; southeast corner of Red Bud Lane and Evergreen Drive.
Appraisal: Dated October 10, 2005.
Market value of fee acquisition: $ 5,687
Market value of improvements w/in acquisition* 10,682
Cost to cure** 8,762
TOTAL $25,131
* Value of Improvements
Subdivision sign $ 1,400
Fencing 162
Concrete garden border/dog pen 240
Trees and shrubbery 8,880
Total $10,682
** Cost to cure
295' of perimeter and dog pen fence $ 1,962
Reinstall septic system 6.800
Total $ 8,762
Landowners' Counter-offer:
Market value of fee acquisition: $ 6,644
Market value of improvements w/in acquisition* 12,780
Cost to cure** 19.819
TOTAL $39,243
*Value of Improvements
Subdivision sign $ 1,400
2 trees removed for septic system 2,500
Trees and shrubbery 8,880
Total $12,780
**Cost to Cure
Move garden and dog run $ 4,710
Remove 2 large trees 1,800
Replace septic system 8,545
344' of perimeter and dog pen fence 2,064
Grass and seeding of yard 2,500
Finding water line and plug 200
Total $19,819
City's Reevaluation:
I asked our appraiser to consider the landowners' input and to update his
appraisal. On Feb. 2, 2006 the appraiser said that he could justify an increase in
the total recommended compensation from the original amount of $25,131 to
$29,905. The increase of $4,774 is based on the following:
Slight increase of market value of fee acquisition $ 234
Grass and seeding septic drain field 2,500
Relocating dog run 1,840
Plugging water line 200
Total $ 4,774
Original appraisal from 10/10/05 $25,131
Increase due to reevaluation 4.774
Revised Total $29,905
Landowner's response:
Landowner offered to "split the difference" and settle for a total of
$34,475.
Landowner's offer is a little more than 15% above the revised appraisal of
$29,905.