CM-07-09-206Kiphen Rd.—parcel 2
REAL ESTATE CONTRACT
Kiphen Road Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between GCLC LTD, A
TEXAS LIMITED PARTNERSHIP, (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 0.032 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 2).
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 FIVE
HUNDRED TWENTY TWO and 00/100 Dollars ($4,522.00).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the closing.
Special Provisions
2.03. As an obligation which shall survive the closing of this transaction, at the time of the
construction of the Kiphen Road Phase I/II project improvements Purchaser shall construct two
thirty (30) foot wide driveways, each with a thirty five (35) foot radius, between the edge of the
C:\Documents and Settings \twoodmancy\Local Settings\Temporary Internet Files \OLK336\GCLC(2)--Real estate contract--Kiphen (7-31-07) (00119420).DOC
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roadway improvements and the remaining property of Seller. The driveways are to be located at
approximately Station 13+79 RT and 17+75 RT of Phase I of the project, and shall be constructed
in substantial compliance with the plans and specifications as shown on Exhibit "B" attached
hereto and incorporated herein. If necessary, Seller agrees to provide a temporary construction
easement as requested across the remainder property in order to allow Purchaser to complete the
driveway construction, as well as any associated grading and/or drainage construction.
2.04. As an obligation which shall survive the closing of this transaction, at the time of the
construction of the Kiphen Road project improvements Purchaser agrees to construct and install
eight (8) inch waterline extensions in the locations as generally shown on Exhibit "C" attached
hereto and incorporated herein. Seller agrees to provide any necessary water line easements
and/or temporary construction easements necessary to carry out the construction described herein.
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.
2
ff c
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 Title Company on or before August 30, 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
3
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.
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:
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.
4
G
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,
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.
5
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.
Compliance
9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
6
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]
7
SELLER:
GCLC LTD, A TEXAS LIMITED PARTNERSHIP
/
By: la m Address: Z `�, , �,�
Its: 774 766 65Q
Date: 9/1/D 7
PURCHASER:
CITY OF ROUND ROCK
By:
es Nuse, P.E.
Manager
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date: `H
8
PARCEL: 2
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
EXHIBI
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.032 ACRE (1,384 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE WILLIS DONAHO
SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF THAT CALLED 11.301 ACRE
TRACT OF LAND (TRACT I), CONVEYED TO GCLC, LTD., BY
INSTRUMENT RECORDED IN DOCUMENT NO. 2001032406 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS, SAID 0.032 ACRE (1,384 SQUARE FOOT) TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
Page 1 of 5
BEGINNING FOR REFERENCE at a found 1/2" iron rod at an interior ell comer in the easterly
boundary line of the remaining portion of that called 275.214 acre tract of land (Tract 4),
conveyed to Camco Land, Ltd., by instrument recorded in Volume 2491, Page 303 of the Official
Records of Williamson County, Texas same being the northwesterly corner of that called 2.411
acre tract of land conveyed to Texas Power and Light Company by instrument recorded in
Volume 1389, Page 309 of the Official Records of Williamson County, Texas, 418.26 feet right
of proposed Kiphen Road baseline station 12+41.93;
THENCE, with common boundary line of the remaining portion of said 275.214 acre tract and
said 2.411 acre tract, N 80°12'07" E, passing at a distance of 257.88 feet, a found 1/2" iron rod,
and continuing for a total distance of 258.75 feet to a calculated point in the westerly boundary
line of said 11.301 acre tract, being an exterior ell corner in the easterly boundary line of the
remaining portion of said 275.214 acre tract and the northeasterly comer of said 11.301 acre
tract;
THENCE, departing the northerly boundary line of said 2.411 acre tract, with the common
boundary line of the remaining portion of said 275.214 acre tract and said 11.301 acre tract,
N 20°16'19" W for a distance of 351.68 feet to a set 1/2" iron rod with a City of Round Rock
aluminum cap in the proposed curving south right-of-way line of Kiphen Road, 52.00 feet right of
proposed Kiphen Road baseline station 13+58.65, being the southwesterly corner and POINT
OF BEGINNING of the herein described tract;
PARCEL: 2
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 2of5
1) THENCE, departing the proposed south right-of-way line of Kiphen Road,
continuing with the common boundary line of the remaining portion of said
275.214 acre tract and said 11.301 acre tract, N 20°16'19" W for a distance of
2.97 feet to a calculated point at the beginning of a curve to the left, being the
northwesterly corner of said 11.301 acre tract and an exterior ell corner in the
westerly boundary line of that called 46.526 acre tract of land conveyed to
Northpark at Old Settlers, Ltd. By instrument recorded in Document No.
2004068735 of the Official Public Records of Williamson County, Texas, and
being the northwesterly corner of the herein described tract, from which a found
capped iron rod bears S 81°46'40" W, a distance of 0.61 feet;
THENCE, departing the easterly boundary line of the remaining portion of said 275.214 acre
tract, with the northerly boundary line of said 11.301 acre tract, same being a westerly boundary
line of said 46.526 acre tract, the following three (3) courses:
2) Along said curve to the left, having a delta angle of 13°48'45, a radius of 742.00
feet, an arc length of 178.88 feet, and a chord which bears N 74°50'53" E for a
distance of 178.44 feet to a calculated point;
3) N 67°57'01" E for a distance of 228.52 feet to a calculated point at the beginning
of a curve to the right;
4) Along said curve to the right, having a delta angle of 08°53'45', a radius of
642.00 feet, an arc length of 99.68 feet, and a chord which bears N 72°23'35" E
for a distance of 99.58 feet to a found 1/2" iron rod, being the northeasterly
corner of said 11.301 acre tract and an interior ell corner in the westerly
boundary line of said 46.526 acre tract, and being the northeasterly comer of the
herein described tract;
5) THENCE, with the common boundary line of said 11.301 acre tract and said
46.526 acre tract, S 20°10'31" E for a distance of 2.88 feet to a set 1/2" iron rod
with a City of Round Rock aluminum cap in the proposed curving south right-of-
way line of proposed Kiphen Road, 52.00 feet right of proposed Kiphen Road
baseline station 18+61.50, being the southeasterly corner of the herein described
tract;
THENCE, departing said common boundary line, through the interior of said 11.301 acre tract,
with said proposed south right-of-way line of Kiphen Road, the following three (3) courses:
6) Along a curve to the left, having a delta angle of 09°04'13", a radius of 642.49
feet, an arc length of 101.71 feet, and a chord which bears S 72°27'25" W for a
distance of 101.60 feet to a set 1/2" iron rod with a City of Round Rock aluminum
cap, 52.00 feet right of proposed Kiphen Road baseline P.C. station 17+51.56;
PARCEL: 2
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 3 of 5
7) S 67°55'19" W for a distance of 226.72 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, 52.00 feet
right of proposed Kiphen Road baseline P.T. station 15+24.84;
8) Along said curve to the right, having a delta angle of 13°42'37", a radius of
746.49 feet, an arc length of 178.63 feet, and a chord which bears
S 74°46'37" W for a distance of 178.20 feet to the POINT OF BEGINNING,
containing 0.032 acres (1,384 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.
1
StephTruesdale
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Civil Associates, L.L.C.
1504 Chisholm Trail Road
Suite 103
Round Rock, TX 78681
512-238-1200
KIPHEN ROAD — PARCEL 2
Date
LEGEND
■ TYPE I CONCRETE MONUMENT FOUND
O TYPE II MONUMENT SET
• 1/2 " IRON ROD FOUND
O 1/2 " IRON ROD SET W/
CITY OF ROUND ROCK ALUMINUM CAP
A CALCULATED POINT
CENTER LINE
It PROPERTY LINE
( ) RECORD INFORMATION
P.O.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
-�— LINE BREAK
o' A
o'
WALLIN FAMILY INVESTMENTS, L.P.
(141.591 AC.)
DOC. # 2003057844
0. P. R. W.C. T.
c w
z
PROPOSED R.o.W.
010
EXISTING R.O.W
a
S
0 50 100
1" = 100'
PROPOSED R.O.W.
EXISTING C.R. 113 -
KIPHEN ROAD
(PRESCRIPTIVE R.O.W. WIDTH VARIES)
15+006
PC
PROPOSED KIPEN CIRCLE BASELINE
EXISTING R.O.W.
TEMPORARY ACCESS EASEMENT
DOC. NO. 2004068735, 0.P.R.W.C.T.
DOC. NO. 2001032406, TRACT 11
0.P.R.W.C.T.
NORTHPARK AT OLD SETTLERS, LTD.
(46.526 AC.)
DOC. #2004068735
0.P.R.W.C.T
PROPOSED (IPEN 0AD BASELINE
P B
PARCEL 2
13+58.55
52.00' RT
1n
0
-.L
CAMCO LAND, LTD.-
REMAINDER OF
(275.214 AC.)
TRACT 4
VOL. 2491, PG 303
0.1?. W.C. T.
3/8' IRF N8012.07
8Q'0 ..�0.r
�8
`\257 .88 Y.
258.75.
PARCEL 2
12+41.93
418.26' RT
C1
0.032 AC.
1,384 SQ. FT.
N 67'7'01;
E 228.52'
4
S 67'55'19" W 226.72'
15+24.84
52.00' RT
PARCEL 2
13+58.65
52.00' RT
TEXAS POWER AND
LIGHT COMPANY
(2.411 AC.)
VOL 1389, PG. 309
O.R.W.C.T.
V -J
PROFESSIONAL LAND SURVEYORS
. 1504 CHISHOLM TRAIL RD. SUITE 103
ROUND ROCK, TX. 78681
PFI. (512) 238-1200, FAX 1512) 238-1251
INLAND CIVIL u
ASSOCIATES
J
DETAIL 'A'
17+51.56
52.00' RT
GCLC, LTD.
(11.301 AC.)
TRACT I
DOC. # 2001032406
O.P.R. W C. T.
.0.W
PROPOSED Klp
HEN ROAD
C4
C3
(1°°' R.O.W. 11107}{)
L2
18+61.50
52.00' RT
—J
0 V
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0N 03
to• N�
`tom ck
O
RIGHT OF WAY SKETCH
KIPHEN ROAD
WILLIAMSON COUNTY, TEXAS
PARCEL 2
PAGE 4 OF 5
r
NUMBER
DELTA ANGLE
RADIUS
TANGENT
ARC LENGTH
CHORD LENGTH
CHORD DIRECTION
C1
13'42'37"
746.49'
89.74'
178.63
178.20'
S 74'46'37" W
C2
13'48'45"
742.00'
89.87'
178.88'
178.44'
N 74'50'53" E
C3
09'04'13"
642.49'
50.96'
101.71'
101.60'
S 72'27'25" W
C4
08'53'45"
642.00'
49.94'
99.68'
99.58'
N 72'23'35" E
NUMBER
DIRECTION
DISTANCE
L1
N 2016'19" W
2.97'
L2
S 2010'31" E
2.88'
NOTES:
ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES.
COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,
NAD 83, CENTRAL ZONE. USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012.
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS OR OTHER INSTRUMENTS PERTAINING
TO THIS PROPERTY THAT ARE NOT SHOWN HEREON.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
STEPHEN TRU DALE V
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
6 INLAND CIVIL U
IV_,
J
PROFESSIONAL LAND SURVEYORS
' 1504 CHISHOLM TRAIL RD. SUITE 103
ROUND ROCK, TX. 78681
PH. 012) 238-1200, FAX (512) 238-1251
ASSOCIATES
orveli �-
45 'Ti6VP'eki
1
M. STEPHEN TRUESDALE`-i,
1933 TYr'
su;�_.
RIGHT OF WAY SKETCH
KIPHEN ROAD
WILLIAMSON COUNTY, TEXAS
PARCEL 2
720.63
PROP.
721.74
724.64
722.90
725.91
724.39
727.21
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728.52 ' 21
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727.92...'. A
732.25
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732.17
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EXHIBIT
G
24' waterline Existing
CITY MANAGER BLUE SHEET
DATE: 9/10/07
SUBJECT: City Manager Approval/Approval date 9/14/07
ITEM: Authorization for City Manager to enter into a Real Estate
Contract with GCLC LTD. A Texas Limited Partnership. (Kiphen Rd. Parcel 2)
Department: Legal
Staff Person: Don Childs
Justification:
Funding:
Cost: $4,522.00
Source of funds:
Background Information: Authorization for City Manager to enter into a
Real Estate Contract with GCLC LTD. A Texas
Limited Partnership. (Kiphen Rd. Parcel 2)
Updated 3-10-05