CM-09-02-024N. Mays parcel 5 -
REAL ESTATE CONTRACT
North Mays Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between ACQUI-CO,
LLC, A TEXAS LIMITED LIABILITY COMPANY, (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"):
All of that certain 0.029 acre tract of land, more or less, situated in the David
Curry Survey, Abstract No. 130, in Williamson County, Texas; being more fully
described by metes and bounds or shown in Exhibit "A", attached hereto and
incorporated herein (Parcel 5).
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 AND ADDITIONAL COMPENSATION
Amount of Purchase Price
2.01. The purchase price for the Property and any improvements situated thereon shall be
the sum of FIVE THOUSAND TWO HUNDRED FIFTY EIGHT and 00/100 Dollars ($5,258.00).
Payment of Purchase Price
2.03. The Purchase Price and shall be payable in cash at the closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
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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;
The Property herein is being conveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
2
5.01. The closing shall be held at the Title Company on or before February 9, 2009, 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.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price.
Prorations
3
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,
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
4
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.
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.
5
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:
ACQUI-CO, LLC,
a Texas Limited Liability Company
By
Its: N\ L vac f-- <
Dater / / o
PURCHASER:
CITY OF ROUND ROCK
By:
Ji se, P.E.
Cit pager
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
w ter
Date: a t `rt.: c`
7
Address: 5_ d Nio M .)-(o ,i
Pk .v07
L-. s7� 300
-77oC 0
PROJECT: NORTH MAYS STREET
PARCEL: 5
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
EXHIBIT A
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.029 ACRE (1,244 SQUARE FOOT), TRACT OF
LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO.
130, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT
3, BLOCK "A", REPLAT OF AMANDA SUBDIVISION LOT 2 & 3 BLOCK
"A", ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET
K, SLIDES 29-30 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND BEING A PORTION OF THAT SAME TRACT
OF LAND CONVEYED TO ACQUI-CO, LLC, BY INSTRUMENT
RECORDED IN DOCUMENT NO. 2007015214 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.029
ACRE (1,244 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 1/2" iron rod at an interior ell corner in the westerly boundary
line of said Lot 3, 893.75 feet left of proposed North Mays Street baseline station 100+78.68, being the
southeasterly corner of Lot 2B, Block "A", of said subdivision;
THENCE, with the common boundary line of said Lot 3 and said Lot 2B, S 69°47'24" W for a distance of
848.75 feet to a set 1/2" iron rod with aluminum cap stamped C.O.R.R. in the proposed easterly right-of-
way line of North Mays Street, 45.00 feet left of proposed North May Street baseline station 100+78.15,
being the northeasterly corner and POINT OF BEGINNING of the herein described tract;
1) THENCE, departing said common boundary line, through the interior of said Lot 3, with
said proposed easterly right-of-way line of North Mays Street, S 20°14'45" E for a
distance of 82.08 feet to a set 1/2" iron rod with aluminum cap stamped C.O.R.R. in the
southerly boundary line of said Lot 3, same being the northerly boundary line of Lot 1 B,
Block "B", TRK Addition (A Replat of Lot 2 Block B of "Replat of Lot 2 Block "B" Crystal
Park) according to the plat thereof recorded in Cabinet P, Slides 144-145 of the Plat
Records of Williamson County, Texas, 45.00 feet left of proposed North Mays Street
baseline station 101+60.23, being the southeasterly corner of the herein described tract;
*See Surveyor's Memo To File at the closing of this description.
2) THENCE, departing said proposed easterly right-of-way line of North Mays Street, with
the common boundary line of said Lot 3 and said Lot 1 B, S 69°59'00" W for a distance of
15.14 feet to a found iron rod in the existing easterly right-of-way line of Tellabs Drive (60
foot right-of-way width), as dedicated by instruments recorded in Volume 1898, Page
839, Volume 1898, Page 844 and Volume 1898, Page 861 of the Official Records of
Williamson County, Texas, being the southwesterly corner of said Lot 3 and the
northwesterly corner of said Lot 1 B, and being the southwesterly corner of the herein
described tract;
PROJECT: NORTH MAYS STREET
PARCEL: 5
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 2 of 4
3) THENCE, departing said common boundary line, with the westerly boundary line of said
Lot 3, same being said existing easterly right-of-way line of Tellabs Drive, N 20°16'09" W
for a distance of 82.03 feet to a found 1/2" iron rod, being an exterior ell corner in the
westerly boundary line of said Lot 3 and the southwesterly corner of said Lot 2B, and
being the northwesterly corner of the herein described tract;
4) THENCE, departing said existing easterly right-of-way line of Tellabs Drive, with the
common boundary line of said Lot 3 and said Lot 2B, N 69°47'24" E for a distance of
15.17 feet to the POINT OF BEGINNING, containing 0.029 acres (1,244 square feet) of
land, more or Tess.
Surveyor's Memo To File: Please note that the record north line of the TRK Addition as monumented on
the ground is not coincident with the monumented south line of the Replat of Amanda Subdivision. This
Surveyor recognizes the monumented north line of the TRK Addition as the record south line of the
Replat of Amanda Subdivision and, as such, is reflected thereon in ensuing Metes and Bounds
descriptions.
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.
/./64,C4--`
M. Stephen Tru sdale
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
/.3lLi�i
Date
REPLAT OF AMANDA
SUBDIVISION
LOT 2&3BLOCK "A"
CAB. K, SLD. 29-30
P.R. W.C. T.
LOT 28
(12.3094 AC.)
BLOCK "A"
PLATTED NORTH LINE OF
TRK ADDITION
(A REPLAT OF LOT 2, BLOCK "R" OF
'REPLAT OF LOT 2, BLOCK 'B",
CRYSTAL PARK)
RECORDED IN
CAB. P, SLD. I44 -I45
P P.U.E P.R.W.C.T.
CAS. `A
�LU. 23-50
PLATTED SOUTH LIN OF
REPLAT OF AMANDA SUBDIVISION
LOT 2 AND 3 BLOCK A',
CAB.EK,SLD 29 30
,2.W.C.T.
0
PARCEL 5
STA. 100+78.15 qj ,
5.00 LT
66A
�,°09'03
ACQUI-CQ. LLC
DOC. NG: -.2007015214
s
0 25 50
SCALE I" = 50'
PARCEL 5
STA. 100+78.68
893.75' L T
25' DRAINAGE
EASEMENT
CAB. K SL.0. ,29-30 ..
„P R.W.C. r ...%
.. --t-OT 3
•- '(7.0374 .4C.)
BLOCK
Q -029 -AC.
..--• :244 50. FT.
k5
55,5 331
5„ 5\e' 9'
12°\30 °%00_
N
(�9 e
/
STA. 101+60.2•,3••
45.00' L�-•
Q
0
00 C.)
C G
o
ft' TEXAS POWKR
LIGHT EASEIVItNT
VOL. 1615, PG 215
C.R.W .C.[.
LOT IB
(5.330 AC.)
TRK ADDITION
(A REPLAT OF LOT 2 BLOCK 8 OF
"REPLAT OF LOT 2 BLOCK "8"
CRYSTAL PARK)
CAB. P, SLD. 144-145
P.R. W. C. T.
DAVID CURRY SURVEY
ABSTRACT NO. 130
I
GEODETICS
PROFESSIONL LAND SURVEYORS
504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PH. (512)238-1200, FAX (512) 238-1251
RIGHT OF WAY SKETCH
PARCEL 5
PAGE 3 OF 4
J
LEGEND
• 1/2" IRON ROD FOUND
O 1/2 " IRON ROD SET W/ ALUMINUM CAP STAMPED CORR
OO TXDOT TYPE I 1 CONCRETE MONUMENT W/ BRASS DISK FOUND
O IRON ROD W/PLASTIC CAP FOUND
O CALCULATED POINT
E PROPERTY LINE
( ) RECORD INFORMATION
P.O.R. POINT OF REFERENCE
P.O.B. POINT OF BEGINNING
0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
O.R.W.C.T. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
NO.
BEARING
DISTANCE
LI
S 20°14'45" E
82.08'
L2
S 69°59'00" W
15.14'
L3
N 20°16'09" W
82.03'
(L3)
(N I8°52'59" W)
(74.97)
L4
N 69°47'24" E
15.17'
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 +.., AND BELIEF.
M. STEPHEN tRUESDALE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
/,/'7i1ofei
INLAND
GEODETICS
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. STE. 103
ROUND ROCK, TX. 78681
PH. (512) 238-1200, FAX (512) 238-1251
RIGHT OF WAY SKETCH
PARCEL 5
PAGE 4 OF 4
DATE: 2/19/2009
SUBJECT: City Manager Approval — 2/27/2009
ITEM: Consider request for City Manager to execute a real estate contract with Acqui-
Co, LLC for the purchase of right of way required for the N. Mays improvement.
Department: Legal
Staff Person: Don Childs
Justification: Completion of N. Mays roadway project
Funding:
Cost:
Source of funds:
Outside Resources:
$5,258
Background Information: This is a request for execution of a contract to acquire 0.029 acre
of land and associated improvements necessary for the widening of N. Mays. The original
appraised value was $3,765. The landowners originally wanted $10,000. Mike Krusee knew the
owners of the property and helped us lower their demand to $5,258. The City Attorney has
recommended acceptance of this amount.
Public Comment:
UPDATED APRIL 2008