CM-07-05-076Message
Steve Sheets
From: Jim Nuse [jnuse@round-rock.tx.us]
Sent: Thursday, April 12, 2007 2:44 PM
To: Steve Sheets
Subject: RE: Kiphen Rd—parcel 15—Wallin offer
Page 1 of 1
Sure....but how many times are we going to get more property??? ---a rhetorical question.
Original Message
From: Steve Sheets [mailto:slsheets@sheets-crossfield.com]
Sent: Thursday, April 12, 2007 10:40 AM
To: Jim Nuse
Subject: FW: Kiphen Rd --parcel 15 --Wallin offer
Buzz,
I agree with Don that we should accept Jimmy Wallin's offer. What are your thoughts?
Steve
Original Message
From: Don Childs
Sent: Thursday, April 12, 2007 10:32 AM
To: Steve Sheets
Subject: Kiphen Rd --parcel 15 --Wallin offer
Steve,
As part of the latest redesign of Kiphen Road you will recall that the Kiphen Circle connection between existing
Kiphen Rd (CR 113) and the new Kiphen Road was moved a little more to the west, toward 1460. This necessitated
an additional acquisition of 0.044 acre (see attached field notes) from the Wallin Family along the north side of the
existing Kiphen Road.
We acquired the original parcels from the Wallins a couple of years ago. At that time we paid $1.50/foot for the
property we needed. In an effort to avoid the time and expense of getting a new appraisal, and since this additional
parcel was so small I wrote to the Wallins and asked them if they would accept $2.00/foot for the current acquision.
I met with them yesterd
of existing Kiphen a
1460 over a year
total purchase pr
As you know an a • : t several thousand dollars. You will also recall that our appraised value for the
Camco parcel on the corner o iphen Road and 1460 is over $10/foot. Given the past appraisal and sales
information from the TxDoT acquisition, as well as our own, I think this is something that we should complete.
Let me know what you think.
Don
ey gave me a portion of a TxDoT appraisal which valued their property at the corner
•.a/foot (see attached page). This is what TxDoT paid them for the acquisition of
$3.50/foot from us for the property required for Kiphen Road. This equates to a
•o. ey will tak
e of $6685.
sal would
itli -07-t -01 IP
5/3/2007
Kiphen Rd.—parcel 15
REAL ESTATE CONTRACT
Kiphen Road Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between WALLIN
FAMILY INVESTMENTS, 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 ("Property"):
Fee simple interest in 0.044 acre tract of land, more or less, situated in the Willis
Donaho Survey, Abstract No. 173, in Williamson County, Texas; being more
fully described by metes and bounds or shown in Exhibit "A", attached hereto and
incorporated herein (Parcel 15).
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 SIX THOUSAND SIX
HUNDRED EIGHTY FIVE and 00/100 Dollars ($6,685.00).
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the closing.
O:\ WDOx1CORRltransprt\kiphenrd\P 15 WALLINICONTRACT\00114268. DOC
trn-or7- ooq(
Kiphen Rd. -parcel 6
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;
2
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 May 15, 2007, 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
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 herein. 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,
4
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.
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
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 Seller agrees to allow Purchaser to use and possess the Property for the purpose of
relocating utilities and constructing or improving a public road and related facilities, upon full
execution of this contract. Purchaser agrees to execute a separate Possession and Use Agreement
document suitable for recording if requested by Purchaser.
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.
[signature page follows]
6
SELLER:
WALLIN FAMILY INVESTMENTS, L.P.
By: Wallin Management Company, LLC
By:
Ji
llin, Manager
Date:
By:
Vernell Bradley, Manager
Date: 4-,2. 4 -woo 7
PURCHASER:
CITY OF ROUND ROCK
By:
ames Nuse, P.E.
ity Manager
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date: 5-4-a 001
7
1
pi -v4,. fid.
PARCEL: 15
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.044 ACRE (1,910 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE WILLIS DONAHO
SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF THE REMAINDER OF THAT
CALLED 141.591 ACRE TRACT OF LAND CONVEYED TO
WALLIN FAMILY INVESTMENTS, L.P., BY INSTRUMENT
RECORDED IN DOCUMENT NO. 2003057844 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID 0.044 ACRE (1,910 SQUARE FOOT) TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
Page 1 of 4
BEGINNING FOR REFERENCE at a found TxDOT Type I1 monument in the existing easterly
right-of-way line of F.M. 1460 (right-of-way width varies), 96.47 feet left of proposed Kiphen
Circle baseline station 10+46.37, being a angle point in the westerly boundary line of the
remaining portion of said 141:591 acre tract;
THENCE, with said existing easterly right-of-way line of F.M. 1460, same being a westerly
boundary line of the remaining portion of said 141.591 acre tract, S 21°54'52" E for a distance
of 33.92 feet to a calculated point in the southerly boundary line of the remaining portion of said
141.561 acre tract,. same being the existing northerly right-of-way line of Kiphen Road, also
known as County Road 113 (right-of-way width varies), 71.76 feet left of proposed Kiphen Circle
baseline station 10+34.31, being the southwesterly comer of the remaining portion of said
141.591 acre tract;
THENCE, with the southerly boundary line of the remaining portion of said 141.591 acre tract,
same being : said existing northerly right-of-way line of Kiphen Road, N 69°22'25" E for a
distance of 79.22 feet to a set 1/2" iron rod with a City of Round Rock aluminum cap at the
beginning of a curve to the right in the proposed northerly right-of-way line of Kiphen Circle,
25.04 feet left of .proposed Kiphen Circle baseline station 10+76.91, being the southwesterly
corner and POINT OF BEGINNING of the herein described tract;
THENCE, departing the existing northerly right-of-way line of Kiphen Road, through the interior
of the remaining portion of said 141.591 acre tract, with the proposed northerly right-of-way line
of Kiphen Circle, the following two (2) courses::
1) Along said curve to the right, having a delta angle of 21°19'34", a radius of
115.00 feet, an arc length of 42.80 feet, and a chord which bears N 58°39'10" E
for a distance of 42.56 feet to a set 1/2" iron rod with a City of Round Rock
aluminum cap, 25.00 feet left of proposed Kiphen Circle baseline P.T. station
11+10.40, being the northwesterly comer of the herein described tract;
PARCEL: 15
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 2 of 4
2) N 69°16'04" E for a distance of 236.95 feet to a set 1/2" iron rod with a City of
Round Rock aluminum cap at the beginning of a curve to the left in the existing
northerly right-of-way line of Kiphen Road, same being the southerly boundary
line of the remaining portion of said 141.591 acre tract, 25.00 feet left of
proposed Kiphen Circle baseline P.O.T. station 13+47.36, being the northeasterly
corner of the herein described tract;
THENCE, departing the proposed northerly right-of-way line of Kiphen Circle, with the southerly
boundary .line of the remaining portion of said 141.591 acre tract, same being the existing
northerly right-of-way line of Kiphen Road, the following two (2) courses:
3) Along said curve to the left, having a delta angle of 21°52'03", a radius of 115.00
feet, an arc length of 43.89 feet, and a chord which bears S 58°20'03" W for a
distance of 43.63 feet to a calculated point;
4) S 69°22'25" W for a distance of 235.95 feet to the POINT OF BEGINNING,
containing 0.044 acres (1,910 square feet) 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. Ste en Tr3esdaleikt/ttAl
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, L.P.
1504 Chisholm Trail Road
Suite 103
Round Rock, TX 78681
512-238-1200
KIPHEN ROAD — PARCEL 15
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CITY MANAGER BLUE SHEET
DATE: 4/30/07
SUBJECT: City Manager Approval/Approval date 5/4/07
ITEM: Consider a resolution authorizing the mayor to enter into
contracts for the purchase of right of way for completion of the Kiphen Road
improvement project.
Department: Legal
Staff Person: Don Childs
justification: Improvement to mobility in central Round Rock
Funding:
Cost: $6,685.00
Source of funds:
Background Information: The proposed contract is for purchase of a
0.444 acre fee simple tract owned by Wallin
Family Investments, L.P. in connection with the
Kiphen Road expansion project.
Updated 3-10-05