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CM-2015-888 - 9/8/2015REAL ESTATE CONTRACT LAKE CREEK 3 WASTEWATER LINE This Real Estate Contract ("Contract") is entered into between RAKAVI PROPERTIES, LLC—SERIES H, ("Seller"), and the CITY OF ROUND ROCK, a Texas home -rule municipal corporation ("Buyer") upon the terms and conditions set forth as follows: 1. Purchase and Sale of Property 1.01 Seller sells and agrees to convey, and Buyer purchases and agrees to pay for, a permanent wastewater easement easement interest in and to that certain parcel of land totaling approximately 1,575 square feet located in Williamson County, Texas, and being more particularly described by metes and bounds and accompanying plat in Exhibit "A", attached hereto and incorporated herein. 1.02 The real property interests described above, and any rights or appurtenances are referred to in this Contract as the "Property". 2. Sales Price 2.01 Amount of Sales Price. The sales price for the Property shall be the sum of THREE THOUSAND SEVEN HUNDRED THIRTY ONE and NO/100 DOLLARS ($3,731.00)("Sales Price"). 2.02 Payment of Sales Price. The full amount of the Sales Price shall be payable in cash at the closing. 3. Buyers Obligations 3.01 Conditions to Buyer's Obligations. The Buyer's obligations under this Contract are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Buyer at or before the closing). 3.02 Preliminary Title Report. Within 30 days of the execution of this Contract, Seller, at Seller's expense, will obtain from the Title Company a preliminary title report ("Title Report"), accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. (A) Buyer will give Seller written notice on or before 10 days prior to the Closing of this transaction that the condition of title as set forth in the Title Report is not satisfactory. (B) In the event that Buyer states that the condition is not satisfactory, Seller will promptly undertake to assist Buyer, with all costs to be borne by Buyer, to eliminate or modify all unacceptable matters to the reasonable satisfaction of Buyer. Otherwise, any objection by the Buyer may also be waived in writing prior to Closing. 00340172.DOCX 64, zcls-- eel, 3.03 Survey. Buyer, at Buyer's expense, will obtain a current plat or survey of the permanent easement Property, prepared by a licensed Texas land surveyor selected by Buyer. 3.04 Seller's Full Compliance. Seller will have complied with all of the covenants, agreements, and conditions required by this Contract by the closing date. 4. Representations and Warranties of Seller Seller represents and warrants to Buyer, as of the closing date, as follows: 4.01 There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than previously disclosed to Buyer. 4.02 The Property herein is being conveyed to Purchaser under threat of condemnation. 4.03 Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it. 4.04 Seller is not aware of any material physical defects to the Property. 4.05 Seller is not aware of any environmental hazards or conditions that affect the Property. 4.06 Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers. 5. Closing 5.01 Date and Location. The Closing will be held at the office of Texas American Title Company ("Title Company"), on or before September 30, 2015 ("Closing Date"), or at a time, date, and place agreed on by Seller and Buyer. 5.02 Sellers Responsibilities at Closing. At the closing Seller will: (A) Deliver to Buyer a properly executed and acknowledged Wastewater Easement (the "Easement") conveying such property interest in and to all of the Property, free of all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) Any exceptions approved by Buyer in accordance with Section 3 of this Contract; and (ii) Any exceptions approved by Buyer in writing. 2 (B) Deliver to Buyer a Texas Owner's Title Policy, at Buyer's expense, issued by the Title Company in Buyer's favor in the full amount of the Sales Price, insuring Buyer's interest in and to the Property subject to the title exceptions listed in herein, to any other exceptions approved in writing by Buyer, and to those standard printed exceptions contained in the usual form of Texas Owner's Title Policy, with the following exceptions: (i) The boundary and survey exceptions will be deleted; (ii) The exception as to restrictive covenants will be endorsed "None of Record"; and (iii) The exception as to the lien for taxes will be limited to the year of closing and will be endorsed "Not Yet Due and Payable." (C) Deliver to Buyer possession of the Property. (D) The form of the Easement document shall be as shown in Exhibit `B" attached hereto and incorporated herein. 5.03 Buyer's Responsibilities at Closing. At the closing Buyer will pay Seller the Sales Price. 5.04 Prorations. General real estate taxes for the current year relating to the Property, interest on any existing indebtedness, rents, insurance, and utility charges, if any, will be prorated as of the Closing Date and will be adjusted in cash at the closing. If the closing occurs before the tax rate has been fixed for the current year, the apportionment of taxes will be on the basis of the tax rate for the preceding year applied to the latest assessed valuation. All special taxes or assessments to the Closing Date will be paid by Seller. 5.05 Apportionment of Costs. All costs and expenses of closing in consummating the sale and purchase of the Property will be paid as follows: (A) Owner's Title Policy paid by Buyer. (B) Survey paid by Buyer. (C) Easement, tax certificates, and title curative matters, if any, paid by Buyer. (D) All other closing costs to be paid by Buyer. (E) Attorney's fees paid by each respectively. 3 6. Breach by Seller 6.01 Buyer's Rijzhts in the Event of Breach by Seller. If Seller fails to fully and timely perform any of its obligations under this Contract or fails to consummate the sale of the Property for any reason (except for Buyer's default), Buyer will have the right to: (A) Enforce specific performance of this Contract; or (B) Request that the Escrow Deposit, if any, will be returned by the Title Company to Buyer. 7. Breach by Buyer 7.01 Seller's Rights in the Event of Breach buyer. In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Buyer's obligations set forth herein having been satisfied and Buyer 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 Buyer 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 Buyer. 8. Miscellaneous Provisions 8.01 Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated by this Contract, will survive the closing. 8.02 Notice. 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 Buyer, as the case may be, at the address set forth in the signature block below. 8.03 Texas Law to Apply. 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. 8.04 Parties Bound. 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. 4 8.05 Legal Construction. In case any one or more of the provisions contained in this Contract may for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability will not affect any other provision hereof, and this Contract will be construed as if the invalid, illegal, or unenforceable provision had never existed. 8.06 Prior Contracts Superseded. 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 of this Contract. 8.07 Time of Essence. Time is of the essence in this Contract. 8.08 Memorandum of Contract. Upon the request of either party, both parties will promptly execute a memorandum of this Contract suitable for filing of record. 8.9 Compliance. In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Buyer is advised that it should be furnished with or obtain a policy of title insurance, or Buyer should have the abstract covering the Property examined by an attorney of Buyer's own selection. 8.10 Effective Date. This Contract shall be effective as of the date it is approved by the Round Rock City Council or City Manager, which date is indicated beneath the City's signature below. 8.11 Counterparts. 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. 8.12 Signature Warranty Clause. The signatories to this contract represent and warrant that they have the authority to execute this Contract on behalf of Seller and Buyer, respectively. The parties are signing this Contract on the dates indicated. SELLER: RAKAVI PROPERTIES, LLC—SERIES H, a Texas series limited liability company By: Its: �'JoG S Date: Address: /// b/ 0 EN 1 t/ /N/ e4 � j 2— BUYER: CITY OF ROUND ROCK, TEXAS Date:- L7 0 ADDRESS: 221 East Main Street Round Rock, Texas 78664 I EXHIBIT "A" 11575 SQUARE FEET FN. NO. 14-354(MJJ) CITY OF ROUND ROCK SEPTEMBER 5, 2014 15 FOOT WIDE WASTEWATER EASEMENT BURY NO. R010079580001 DESCRIPTION OF A 1,575 SQUARE FOOT TRACT OF LAND OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, BEING A PORTION OF LOT 1, BLOCK A, LAKE CREEK SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET B, SLIDE 283 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID LOT 1 CONVEYED TO JIMMY R. CARTER BY DEED OF RECORD IN VOLUME 1583, PAGE 657 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 1,575 SQUARE FOOT TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, at a 1/2 inch iron rod found at the common westerly corner of Lot 2, Block A, of said Lake Creek Subdivision, and said Lot 1, Block A, being in the easterly line of Lot 2, Block B of Lake Creek Addition Including Replat of Lot 4, Lake Creek Subdivision, a subdivision of record in Cabinet X, Slides 358-360 of said Plat Records, from which a calculated point for the common easterly corner of said Lot 1, Block A and said Lot 2, Block A, in the westerly right-of-way line of Burnet Street (50' R.O.W.) bears, N70035124"E, a distance of 105.00 feet; THENCE, S19023102"E, leaving the southerly line of said Lot 2, Block A, along the westerly line of said Lot 1, Block A, being the easterly line of said Lot 2, Block B, a distance of 93.06 feet to the POINT OF BEGINNING and northwesterly corner hereof; THENCE, N70053110"W, leaving the easterly line of said Lot 2, Block B, over and across said Lot 1, Block A, for the northerly line hereof, a distance of 105.02 feet to a calculated point in the westerly right-of-way line of Burnet Street, for the northeasterly corner hereof; THENCE, S19023'54"E, along the westerly right-of-way line of Burnet Street, being the easterly line of said Lot 1, Block A, for the easterly line hereof, a distance of 15.00 feet to the northeasterly corner of that certain 10 foot wide Sanitary Sewer Easement of record as shown on said Plat of Lake Creek Subdivision, for the southeasterly corner hereof; THENCE, S70053110"E, leaving said westerly right-of-way line of Burnet Street, over and across said Lot 1, Block A, along the northerly line of said 10 foot wide Sanitary Sewer Easement of Record, for the southerly line hereof, a distance of 105.03 feet to the northwesterly corner of said Sanitary Sewer Easement of record, in the easterly line of said Lot 2, Block B, for the southwesterly corner hereof; FN. NO. 14-354(MJJ) SEPTEMBER 5, 2014 PAGE 2 OF 2 THENCE, N19023102"E, leaving the northwesterly corner of said 10 foot wide Sanitary Sewer Easement of record, along the westerly line of said Lot 1, Block A, being the easterly line of said Lot 2, Block B, for the westerly line hereof, a distance of 15.00 feet to the POINT OF BEGINNING, containing an area of 1,575 square feet of land, more or less, within these metes and bounds. BEARING BASIS: TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE 4203, UTILIZING WESTERN DATA SYSTEMS CONTINUALLY OPERATING REFERENCE STATION (CORS) NETWORK AND REFERENCED TO THE CITY OF ROUND ROCK GPS CONTROL MONUMENTION NETWORK. I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY STATE THAT THIS DESCRIPTION IS BASED UPON A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS FIELDNOTE ESCRIPTION. II BURY -AUS, INC. JOHN. BILNOSK 221 WEST SIXTH STREET R.P. .S. NO. 4998 SUITE 600 STATE OF TEXAS AUSTIN, TEXAS 78701 TBPLS # F-10107500 10008S6100t0d :ON TOM WrV 'A9 NMV80 I (rrN)4S£-41NJ:'ON N! 9M0'IX3t00S61001\100\S6L00t\:H ^3l1d' 410Z/S0/631V0^ 'SVX31 'A1N1103 NOSM1111M 'KO,*�`O JO S080038 1Vld 3H1 JO £8Z 30115 '8 13NIBV3 mcm,u,-asraex sro,.dsaasa sxwettQ,sl+•e „aoexclx,sl wa MJOa ONfIOd w 080338 3o No151n1oens V 'Nolswaens in,ex�.a•w•n JO AID N3380 3NVl 'V N0018 '1 101 30 NOIDJOd ros�mr��nr wron,M,u V 0NI38 o I 'ON VI JO 13 A3Aa11S GL9-t \_.� A 3lIM 3H1 j0 1n0 ONVI 30 1333 3aVO0S SLS'L 30 N0I1diblOS30 ANVdW000V 01 H013N8 VV902OS0OZN '000 SWVIIIIM 'N S3wVr V N0018 '61 101 ILZ MIS 'a 'OV3 OMl NOIJ.339 N33NO 3A00 661 G S\ 0 NAS\ E9Z 3011S '8 J.3NI8VO NOISIA109r15 N3390 3NVl 9 M3018 'E l JAl 8 NO019 Z l 101 �^♦ £IZ l5 'a 'BV9 \ 1N3N3SV3 83M3S AHV11NVS ,OL '1SIX3 SI NOIIVw80JNI IVld 080338 (XXX) 1N3w3N3ww03 JO 1NIOd '3'0'd ONINN1038 30 LNIOd '8"0'd ONn03 3dld N081 „Z/1 ON103 0021 N081 „Z/t • ON3031 090-85£ S3011S 'X J3NISV3 NOISIA108f1S N3380 3NV1 'V J.OI j0 1Vld3a ONIQr1l0Nl N0IJJOOV N33a3 3NV1 8 N3018 'Z 101 '8'ad ' 1N3r0SV3 O' 831VM31SVM ,51 \ ,J ld 't7S 5LC; \ 0 o�,n L59 'Od \ N 'o. '£851 IOA e 213121V3 'l A3181HS J R a AWWIr '"c' V N3018 ' t 101 el \ ,.SZ y0� 3 3S ZO \ N p0 t,o EBZ 301"IS 'a J3N18V3\ NOISIAl09r15 A3387 3NVl\ J 2d^ 3 N001e '9 101 EEZ 30115 '9 J3NI8'� NOISIAI09fJS N3380 3NVl 3 N3019 'S J.OI 3 N3018 'L J.OI V N3ols 'Z 101 698EOOZOOZ 'ON '000 N30a ON110a LO A113 '3'ad ,00'91 M„ZO,£Z.6tN tl ,00'91 3,t4S,£Z.6tS Zl ,ZO SOI 3„Ol,£S.OLN Il 30NVISIG 9NI8V38 'ON / \ X V N3018 'E 101 \\ 3113VI 3NI'I LIZ lS 'B 'T iN3rl3SV3 Allllln Onand ,S'L '1SIX3 ,09=.,t 09 0£ EXHIBIT "B" WASTEWATER EASEMENT Lake Creek 3 Wastewater Line THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That RAKAVI PROPERTIES, LLC—SERIES H, a Texas series limited liability company, and its successors and assigns, (hereinafter referred to as "Grantor"), for and in consideration of the sum of TEN .and NO/ 100 DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation, (hereinafter referred to as "Grantee"), whose mailing address is 221 East Main Street, Round Rock, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove a wastewater system and lines, together with all necessary lines, pipes, conduits, valves, vaults, ventilators, manholes, and other equipment, improvements, accessories and appurtenances or operations thereto, in, upon, over, under, above and across the following described property of Grantor, to -wit: Being a 1,575 square foot tract of land in the Wiley Harris Survey, Abstract No. 298, Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A", attached hereto and incorporated herein for all purposes (Parcel 7) This conveyance is made and accepted subject to all conditions and restrictions, if any, relating to the herein above described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual; provided, however, that said easement, rights and privileges shall cease and revert to Grantor in the event the said wastewater line is abandoned, or shall cease to be used, for a period of five (5) consecutive years. Grantor covenants that it will not subsequently convey any other easement or conflicting rights within the area covered by this grant without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use of the easement to determine the effect, if any, on the wastewater lines contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the wastewater lines. As required by this paragraph, express written consent of Grantee shall be obtained by Grantor in the following manner: advance written notice must be given by certified mail to the (1) City of Round Rock City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008 Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the City of 00340177. DOCX Round Rock shall have ten (10) days in which to respond in writing granting consent, conditioning consent upon reasonable safeguards, or denying consent. Grantor further grants to Grantee: (a) the right of ingress to and egress from the easement over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route(s) as shall occasion the least practicable damage or inconvenience to Grantor; provided that such right of ingress and egress shall only be used if access to the easement is not otherwise available from a public road, public right of way, or existing easement; the foregoing right of ingress and egress includes the right of Grantee to disassemble, remove, take down, and clear away any barricade or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such barricade or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as is reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said barricade or other structure is inconsistent with rights conveyed to Grantee herein; (b) the right of construction, maintaining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress; (c) the right to mark the location of the easement by suitable markers; provided that such markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of the easement; (d) the right to grade the easement for the full width thereof and to extend the cuts and fills for such grading into and on the land in the easement to such extent as Grantee may find reasonably necessary; (e) the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the easement and to trim and to cut down and clear away any trees on either side of the easement which now or hereafter in the opinion of Grantee may be a hazard to the pipeline, valves, appliances or fittings, by reason of the danger of falling thereon or root infiltration therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder; provided, however, Grantee will provide written notice to Grantor prior to removal of any trees outside of the easement, and provided that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; 2. (f) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the easement; and (g) the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; (b) Grantee shall promptly backfill any trench made by it on the easement and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) To the extent allowed by law, Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right to build and use the surface of the easement for private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the easement any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well, or construct any reservoir or other obstruction on the easement, or diminish or substantially add to the ground cover over the pipelines. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other use inconsistent with the rights conveyed to Grantee by the easement. Provided however, before constructing any non -interfering improvements listed in this paragraph, at least ten (10) days' written notice shall be provided to Grantee of the general plans of the improvement to be constructed on the easement, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any improvements within the easement. It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall remain the property of Grantee. Grantor hereby dedicates the easement as a public utility wastewater line easement. 3. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns forever, and Grantor does hereby bind itself, and its successors and assigns and legal representatives, to warrant and forever defend, all and singular, the above- described easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. rN WITN�SS WHEREOF, Grantor has caused this instrument to be executed thi��ay of , 2015. GRANTOR: RAKAVI PROPERTIES, LLC—SERIES H, a Texas series limited liability company By: Its: iAt I, 7f' ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF I�nNlnLVj § This instrument was acknowledgedf e me on this the ap day of the month of °j , 2015, by , in the capacity and for the purp ses and consideration therein expres ed. LISA DWORACZYK •.gr r' oss Notary Public. Si01B Of TB%OS •i� My Commission Expires After recording return to: lI! tary Pu ic, State of Texas >stgr3 nria:�mna.'�pgf _ ,,li d iL'S .PS �bJm9tge: �,:.. fk I— — - -- - -- --�.1 City of Round Rock ROUND OUTEXAS ROS Agenda Item Summary Agenda Number: Title: Consider executing a letter agreement with Rakavi Properties, LLC regarding additional compensation for the permament wastewater easement in connection with the Lake Creek 3 WW Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 9/4/2015 Dept Director: Steve Sheets Cost: $3,731.00 Indexes: Attachments: 00341455.PDF, 00341082.PDF Department: Legal Department Text of Legislative File CM -2015-888 Consider executing a letter agreement with Rakavi Properties, LLC regarding additional compensation for the permament wastewater easement in connection with the Lake Creek 3 VWV Project. Staff recommends approval. City of Round Rock Page 1 Printed on 813112015