CM-09-08-159Chisholm Trail ---parcel 9
REAL ESTATE CONTRACT
Chisholm Trail Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between Gregory M.
Small, (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 0.0337 of one acre (1,467 square feet) of land, more or less, out
of Lot 25, Round Rock Industrial Park, a Subdivision of record in Cabinet C,
Slide 293-294, plat records, Williamson County, Texas, and out of that tract
described in a deed to Gregory M. Small, of record in document number 9870543,
official records, Williamson County, Texas; said 0.0337 of one acre of land being
more particularly described by metes and bounds in Exhibit A attached hereto and
incorporated herein:
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 shall be the sum of FIFTEEN THOUSAND
SEVEN HUNDRED NINETY and 00/100 Dollars ($15,790.00).
Payment of Purchase Price
2.03. The Purchase Price and Additional Compensation, if any, shall be payable in cash at
the closing.
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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 August 24, 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 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) If applicable, 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.
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.
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.
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.
5
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
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.
6
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
Address: / 3 0 0
Date: 7 25 O 5
PURCHASER:
CITY OF ROUND ROCK
B
es R. Nuse
y Manager
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
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EXHIBIT l
PROPERTY DESCRIPTION FOR PARCEL 9
Page 1 of 3
ROW
March 5, 2009
DESCRIPTION OF 0.0337 OF ONE ACRE (1,467 SQUARE FEET) OF LAND OUT
OF LOT 25, ROUND ROCK INDUSTRIAL PARK, A SUBDIVISION OF RECORD IN
CABINET C, SLIDE 293-294, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS,
AND OUT OF THAT TRACT DESCRIBED IN A DEED TO GREGORY M. SMALL,
OF RECORD IN DOCUMENT NUMBER 9870543, OFFICIAL RECORDS,
WILLIAMSON COUNTY, TEXAS; SAID 0.0337 OF ONE ACRE OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod set with a plastic cap at the southwest corner of this tract,
sante being in the south line of said Lot 25 and said Small tract and the existing north
right-of-way (ROW) line of South Industrial Boulevard, from which a 1/2" iron rod
found at the southwest corner of said Lot 25 and said Small tract bears S68°19'26"W
173.24 feet;
THENCE, with the west line of this tract, crossing said Lot 25 and said Small tract, the
following two (2) courses, numbered 1 and 2;
1) with a curve to the left, whose intersection angle is 89°46'01", radius is 15.00 feet,
an arc distance of 23.50 feet, the chord of which bears N23°26'10"E 21.17 feet to
a 1/2" iron rod set with a plastic cap; and
2) N21°27'06"W 108.19 feet to a 1/2" iron rod set with a plastic cap at the northwest
corner of this tract, same being in the north line of said Lot 25 and said Small tract
and the south line of Lot 24 of said Round Rock Industrial Park and of that tract
described in a deed to Jimmy C. Brown and wife, Sharron Brown, of record in
Volume 882, Page 796, Deed Records, Williamson County, Texas;
3) THENCE, with the north line of this tract, said Lot 25, and said Small tract and the
south line of said Lot 24 and said Brown tract, N68°17'35"E 11.64 feet to a 1/2" iron
rod set with a plastic cap at the northeast corner of this tract, said Lot 25, and said
Small tract and the southeast corner of said Lot 24 and said Brown tract, same being
in the existing west ROW line of Chisholm Trail;
THENCE, with the cast line of this tract, said Lot 25, and said Small tract and the
existing west ROW line of Chisholm Trail, the following two (2) courses, numbered 4
and 5;
4) S21°42'22"E 108.05 feet to a 1/2" iron rod found; and
EXHIBIT
Page2of3
ROW
March 5, 2009
5) with a curve to the right, whose intersection angle is 90°41'13", radius is 15.00
feet, an arc distance of 23.74 feet, the chord of which bears S23°19'49"W 21.34
feet to a 1/2" iron rod found in the existing north ROW line of South Industrial
Boulevard;
6) THENCE, with the south line of this tract, said Lot 25, and said Small tract and the
existing north ROW line of south Industrial Boulevard, S68°19'26"W 12.03 feet to
the POINT OF BEGINNING and containing 0.0337 of one acre (1,467 square feet)
within these metes and bounds, more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone,
NAD83(93 HARN). All distances and coordinates were adjusted to surface using a
combined scale factor of 1.00012.
STATE OF TEXAS §
COUNTY OF TRAVIS §
KNOW ALL MEN BY THESE PRESENTS:
That I, Chris Conrad, 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 Austin, Travis County, Texas, this the
5t" day of March, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite Austin, Texas 28731
(512) 451-8591 (ly C
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description. (RR!P25_ROW) Issued 3/5/2009
RE: CITY Of ROUND ROCK SK' 'H TO ACCOMPANY DESCRIPTION ,
OF 0...47 AC. OR 1,467 SQ. FT. OF LAi..I
OUT OF LOT 25, ROUND ROCK INDUSTRIAL PARK
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
ROUND ROCK INDUSTRIAL PARK
CAB. C, SL. 293-294
P.R.W.C.
/
LINE TABLE
LINE
BEARING
LENGTH
L1
L2
N68'17'35`E
S68'19'26'W
11.64
12.03
LOT 24
JIMMY C. BROWN AND WIFE,
SHARRON BROWN
VOL. 882, PG. 798
D.R.W.C.
Zoo
LOT 25
GREGORY M. SMALL
DOC. 9870543
o.R.W C.
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
TANGENT
BEARING
CHORD
C1
23.50
15.00
89'46'01"
14.94
N2326110"E
21.17
C2
23.74
15.00
90'41'13"
15.18
S2319149"W
21.34
(C2)
(23.56)
(15.00)
(90'00')
(15.001
(21.21)
LOT 28
J,•
/
/
\ a
\
0.0337 AC.
1,467 SQ. FT.
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NAD83 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABUSHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RRO1-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01-007", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61. HAVING A GRID BEARING OF
N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF AN OWNERSHIP AND EASEMENT
REPORT.
03/05/09
CHRIS CONRAD, REG. PROF. LAND SURVEYOR NO. 5623 DATE
Note: This copy of this plat is not valid unless an original signature
through an original seal appears on its face. There is a description to
accompany this plat.
M:\SOSKPROJ\CHISHOLM—RTG\DWG\PARCELS\RRIP25_ROW.DWG
SCALE 1"= 40'
RICHT-OF-WAY
DEOICA1ION
PATAL SUBDIVISION
CAB. D, SL. 209
•
P.R.W.C.
•
COUNTY ROAD 173
CHISHOLM TRAIL
(R.o.W. VARIES)
\
P.O.R.
00.16ciit.w>
soy (6
LEGEND
d 1/2" IRON ROD FOUND
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O.B. POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILUAMSON COUNTY, TEXAS
O.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
SURVEYED BY:
ISSUED: 03/05/09
PAGE 3 OF 3
McGRAY & McGRAY
LAND SURVEYORS. INC.
3301 HANCOCK'DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
JOB NO.: 08-112
DATE: August 17, 2009
SUBJECT: City Manager Approval — August 21, 2009
ITEM: Consider executing a Real Estate Contract with Gregory M. Small for the purchase of
0.0337 of one acre of land necessary for the Chisholm Trail Project (Parcel 9).
Department:
Staff Person:
Legal
Don Childs/Steve Sheets
Justification: This right-of-way is necessary for the improvement to Chisholm Trail.
Funding:
Cost: $15,790.00
Source of funds: Round Rock Transportation Development Corp. Construction
Outside Resources:
Background Information: This is a request for execution of a contract to acquire 0.0337 of
one acre of land for the Chisholm Trail Project. The purchase price is for the appraised value of
the proposed acquisition.
Public Comment:
UPDATED APRIL 2008
05/12/2009
Request for City CounciUCity Manager Action
City Council` City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Legal
Contact Person: Don Childs / Lisa Dworaczyk / Rose McMillin
Project Mgr/Resource:
Project Coordinator:
Assigned Attorney: Don Childs/Steve Sheets
City Council or City Manager Approval Date:
Agenda Wording
For fitEnetetiv ES!PNLY
istr,‘
Received: Aug 19 2009
Tag #: ..
Original Documents Received:
Project Name: Chisholm Trail - Parcel 9
ContractorNendor: Gregory M. Small
Funding Source: RR Trans Dev Corp Constriction
Additional funding Source:
Amount:
Account Number:
21 -Aug -09
$15,790.00
Consider executing a Real Estate Contract with Gregory M. Small for the purchase of 0.0337 of one acre of land necessary for the Chisholm Trail Project (Parcel 9).
Finance Information
Is Funding Required? Yes in No
Initial Construction Contract
Construction Contract Amendment
Change Order #
oChange in Quantity 11JUnforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Other (Please clearly identify action on lines below)
Real Estate Contract
Amount
$15,790.00
Recuired for Submission of ALL City Council and Citw Manager Items
Project Mgr. Signature: --
Dept. Director Signature:
*City Attorney Signatu
City Manager Signature:
e
Date: 3/ ,i foci -
Date:
Dater '�..
REVISED 08/19/2009
\rmcmillin\LocalSettingsq.eFnporary Internet Piles \OLK352\08-21-09_Rose_Legal_ RFA RE Contract w -Small P9 (00169130).XLS
Date:
*City Attorney signature is required for all items.
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Legal
Project Mgr/Resource: Don Childs
DCouncil Action:
ORDINANCE
Agenda Wording
Project Name: Chisholm Trail - Parcel 9
ContractorNendor: Gregory M. Small
n RESOLUTION
City Manager Approval
CMA Wording
Consider executing a Real Estate Contract with Gregory M. Small for the purchase of 0.0337 of one acre of land necessary for
the Chisholm Trail Project (Parcel 9).
Attorney Approval
Attorney
Notes/Comments
Date
The purchase price is for the appraised value of the proposed acquisition.
O:\wdox\SCCInts\91199\0009\M I SC\00169139.XLS
Updated 6/3/08