Contract - Phillip and Nancy Warner - 1/22/2015REAL ESTATE CONTRACT
Warner Tract
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between Philip Paul
Warner and Nancy Jo Lamb, (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:
Being a 10.415 acre (453,658 square foot tract) of land situated in the P.A. Holder
Survey, Abstract No. 297 in Williamson County, Texas, being that called 10.253
acre tract of land conveyed to Philip Paul Warner (50% undivided interest) and
Nancy Jo Lamb (50% undivided interest) by instrument recorded in Document No.
2012102077 of the Official Public Records of Williamson County, Texas, and
described as a 12.437 acre tract in Exhibit "D", Volume 1878, Page 858 of the
Official Public Records of Williamson County, Texas, said 10.415 acre (453,658
square foot) tract of land being more particularly described by metes and bounds in
Exhibit "A" attached hereto and incorporated herein for all purposes;
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"), and
any improvements and fixtures situated on and attached to the Property, for the consideration and
upon and subject to the terms, provisions, and conditions set forth below. The parties expressly
acknowledge and agree that the actual acreage conveyed pursuant to this Contract shall be that
acreage determined by a survey obtained under this Contract.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the Property and the acquisition of any improvements on the
Property shall be the sum of TWO HUNDRED THIRTY SIX THOUSAND, FOUR HUNDRED
TWENTY and 50/100 Dollars ($236,420.50) (the "Purchase Price").
00315660. DOC
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
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).
Miscellaneous Conditions
3.02. 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
4.01. 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:
(a) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than previously disclosed to Purchaser;
(b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property, or any part thereof;
4.02. The Property herein is beingconveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the offices of Texas American Title Company ("Title
Company") on or before the 30th day from the Effective Date, as defined below, or at such time,
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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 the City of Round Rock, Texas a duly executed and acknowledged Warranty
Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of
any and all liens 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.
The deed shall be in the form as shown in Exhibit "A" attached hereto.
(2) 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
Grantee's fee simple and/or easement interests in and 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 upon receipt of a
current survey provided at Purchaser's sole expense;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record", if applicable; 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.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall:
(a) 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
paid by the Purchaser. 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
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, if any, shall be forthwith returned by the title company to Purchaser.
ARTICLE VII
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, if any, 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. If no Escrow
Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any
failure by Purchaser.
M
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. 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
8.02. 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
8.03. 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
8.04. 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
8.05. 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
8.06. Time is of the essence in this Contract.
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(Tender
8.07. 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
8.08. Upon request of either party, the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
8.09 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
8.10 This Contract shall be effective as of the date it is approved by the Round Rock city
council, which date is indicated beneath the Mayor's signature below.
Naming
8.11 Purchaser agrees that, following the acquisition of the Property and construction of
improvements thereon, Purchaser will submit a request to name an area, facility or accessory on
the Property in honor of Phillip Warner in conformance with the City of Round Rock Policy for
Naming and Renaming City Facilities, Park Lands, and Public Streets attached hereto as Exhibit
B.
Counterparts
8.12 This Contract may be executed in any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered
effective as originals for purposes of this Contract.
(Signatures on the following page.)
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SELLER:
By: /': - Address: 2361 CR 440
Phili Paul Warner Thorndale, Texas 76577
Date:
By: Address: 2009 E. Palm Valley Blvd.
IZ ancy iAarifb Round Rock, Texas 78664
Date: / — .- — /-j—
PURCHASER:
S
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: in Address: 221 East Main St.
Alan McGraw, Mayor Round Rock, Texas 78664
Date: t • t:;>
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Parcel: 10.415 Acre Tract
County: Williamson
Project: Warner Tract
EXHIBIT "A"
PROPERTY DESCRIPTION FOR WARNER TRACT
Page 1 of 3
DESCRIPTION OF A 10.415 ACRE (453,658 SQUARE FOOT) TRACT OF LAND SITUATED IN THE P.A. HOLDER
SURVEY, ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS, BEING THAT CALLED 10.253 ACRE TRACT
OF LAND CONVEYED TO PHILIP PAUL WARNER (50% UNDIVIDED INTEREST) AND NANCY JO LAMB (50%
UNDIVIDED INTEREST) BY INSTRUMENT RECORDED IN DOCUMENT No. 2012102077 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. AND DESCRIBED AS A 12.437 ACRE TRACT IN
EXHIBIT "D", VOLUME 1878, PAGE 858 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID
10.4'15 ACRE (453,658 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 112" iron rod found in the westerly boundary line of that tract of land conveyed to Charles Dumas
and wife, Frances Dumas recorded in Document No. 199972826 of the Official Public Records of Williamson County,
Texas and described in Volume 324, Page 20 of the Deed Records of Williamson County. Texas, same being the
northeast corner of that called Tract 1 conveyed to The City of Round Rock by instrument recorded in Volume 1490,
Page 660 of the Official Records of Williamson County, Texas, same being the southeasterly corner of said 10.253
acre tract for the southeasterly corner of the herein described tract and from which a 112" iron rod with plastic cap
marked "ZWA" found at the northwesterly corner of said Dumas tract, same being in the southerly right-of-way line of
State Highway 79, (right-of-way width varies) also being the northeasterly corner of that 12.397 acre tract of land
(Tract 1 Exhibit A2) conveyed to HR 79 Investment LTD. by instrument recorded in Document 2007061514 of the
Official Public Records of Williamson County, Texas, bears N 01`55'41" W at a distance of 1056.96 feet:
THENCE, departing the westerly boundary line of said Dumas tract, with the southerly boundary line of said 10.253
acre tract, same being the northerly boundary line of said City of Round Rock Tract 1, and City of Round Rock Tract
2 of said Volume 1490 Page 660 the following eleven (11) courses:
1) S 86°49'00" W for a distance of 70.00 feet to a 112" iron rod with plastic cap marked 'INLAND -4933' set for
an angle point;
2) S 07°11'00" E for a distance of 27.24 feet to a 112" iron rod with plastic cap marked "INLAND -4933" set for
an angle point;
3) S 84°43'12" W for a distance of 43.04 feet to a 1/2" iron rod with plastic cap marked "INLAND -4933" set for
an angle point:
4) S 51°11'27" W for a distance of 37.95 feet to a 112" iron rod with plastic cap marked "INLAND -4933" set for
an angle point:
5) S 81°14'58" W for a distance of 99.20 feet to a 1!2" iron rod with plastic cap marked "INLAND -4933" set for
an angle point;
6) S 74°41'40" W for a distance of 107.12 feet to a 1i2" iron rod with plastic cap marked "INLAND -4933° set for
an angle point:
7) S 81°07'32" W for a distance of 166.78 feet to a 112" iron rod with plastic cap marked "INLAND -4933" set for
an angle point;
8) S 86'30'24"W for a distance of 217.16 feet to a 112" iron rod with plastic cap marked "INLAND -4933' set for
an angle point;
9) S 82°12'16" W for a distance of 186.20 feet to a 1,12" iron rod with plastic cap marked "INLAND -4933" set
being the northwest corner of said Tract 1. same being (tie northeast corner of said Tract 2;
10) S 69°22'43" W for a distance of 580.10 feet to a 112" iron rod with plastic cap marked "INLAND -4933" set for
an angle point;
Page 2 of 3
11) S 63°37'37" W for a distance of 103.16 feet to a 112" iron rod with plastic cap marked "INLAND -4933" set for
an angle point, same being the southerly right-of-way line of the Union Pacific Railroad (200' right-of-way
width) as conveyed to the International & Great Northern Railroad Company by instrument recorded in
Volume 17, Page 617 of the Deed Records of Williamson County, Texas, for the most westerly corner of the
herein described tract;
THENCE, with said southerly right-of-way line, same being the northerly boundary line of said 10.253 acre tract.
the following four (4) courses:
12) N 53°41'46" E for a distance of 556.83 feet to a calculated point;
13) N 53°57'55" E for a distance of 135.00 feet to a calculated point of curvature;
14) Along said curve to the right, having a delta angle of 10°01'19", a radius of 5629.65 feet, an arc length of
984.71 feet, and a chord which bears N 58°41'04" E for a distance of 983.45 feet to a calculated point of
tangency;
15) N 63°26'11" E for a distance of 139.21 feet to a 112" iron rod with plastic cap marked "INLAND -4933" set,
being an angle point in said railroad right-of-way same being the westerly boundary line of said Dumas tract,
for the northeasterly comer of the herein described tract, and from which a 318" iron rod found being an
angle point in the southerly right-of-way line of said Union Pacific Railroad bears N 01°5541" W at a
distance of 54.88 feet;
16) THENCE, with the common boundary line of said Dumas tract and said 10.253 acre tract, S 01 °55'41" E for
a distance of 566.44 feet to the POINT OF BEGINNING. containing 10.415 acres (453,658 square feet) of
land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL MEN BY THESE PRESENTS:
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description
is true and correct and that the property described herein was determined by a survey made on the ground under my
direct supervision.
WITNESS MY H ,N, D AND SEAL at Round Rock, Williamson County, Texas.
M. Stephen Trues ale/ rfDate
Registered Professional Land Surveyor No. 4933
Inland Geodetics, LLC
Firm Registration No: 100591-00
1504 Chisholm Trail Road. Suite 103
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Tit
Round Rock. TX 78681
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SPECIAL WARRANTY DEED
Notice of confidentiality rights: If you are a natural person, you may remove or strike any
or all of the following information from any instrument that transfers an interest in real
property before it is filed for record in the public records: your Social Security number or
your driver's license number.
Date:
Grantor: Philip Paul Warner and Nancy Jo Lamb
Grantor's Mailing Address (including county):
2361 CR 440
Thorndale, Texas 76577
Grantee: CITY OF ROUND ROCK, TEXAS
Grantee's Mailing Address (including county):
221 East Main Street
Round Rock, Texas 78664
Williamson County
CONSIDERATION: TEN DOLLARS AND NO/100 ($10.00), and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged.
PROPERTY (INCLUDING ANY IMPROVEMENTS):
Being a 10.415 acre (453,658 square foot tract) of land situated in the P.A. Holder Survey,
Abstract No. 297 in Williamson County, Texas, being that called 10.253 acre tract of land
conveyed to Philip Paul Warner (50% undivided interest) and Nancy Jo Lamb (50% undivided
interest) by instrument recorded in Document No. 2012102077 of the Official Public Records of
Williamson County, Texas.
RESERVATIONS AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements and rights-of-way of record; all presently recorded restrictions, reservations,
covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments,
other than liens and conveyances, that affect the property; rights of adjoining owners in any walls
and fences situated on a common boundary; and any encroachments or overlapping of
improvements.
00315561.doc
Grantor, for the Consideration and subject to the Reservations and Exceptions to Conveyance
and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular
the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and
Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and
successors to warrant and forever defend all and singular the Property to Grantee and Grantee's
heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the
same or any part thereof under Grantor but not otherwise, except as to the Reservations from
Conveyance and the Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR:
LOW
Philip Paul Warner
Nancy Jo Lamb
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of , 2015,
by Philip Paul Warner, in the capacity and for the purposes and consideration recited herein.
Notary Public, State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of , 2015,
by Nancy Jo Lamb, in the capacity and for the purposes and consideration recited herein.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock, Texas
Attn: City Manager
221 East Main St.
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
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