CM-10-01-026Chisholm Trail—parcel 3
REAL ESTATE CONTRACT
Chisholm Trail Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between THE BOARD
OF DIRECTORS OF THE CHISHOLM TRAIL BUSINESS CENTER CONDOMINIUM
OWNER'S ASSOCIATION, INC., as Trustee, (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 tenns 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 0.0216 of one acre (942 square feet) of land, more or less, out
of Lot 1, Block A, Chisholm Trail Industrial Park, a Subdivision of record in
Cabinet R, Slide 99-110, plat records, Williamson County, Texas, and out of that
tract described in a Declaration of Condominium Regime for Chisholm Trial
Business Center Condominium of Record in Document Number 2005022834,
Official Public Records, Williamson County, Texas; said 0.0216 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 FIVE THOUSAND SEVEN
HUNDRED TWENTY THREE and 00/100 Dollars ($5,723.00).
2.01.1. As additional compensation Purchaser shall pay the amount of FIVE THOUSAND
SEVEN HUNDERED FORTY FOUR and 00/100 Dollars ($5,744.00) for any improvements
located on the Property and for any damages to the remaining property of Seller.
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Payment of Purchase Price
2.03. The Purchase Price and Additional Compensation, if any, 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.):
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
2
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 January 26, 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
3
(3)
(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."
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 and
Additional Compensation.
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 consununating 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.
4
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, if necessary
to start the road construction project, 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.
SELLER:
THE BOARD OF DIRECTORS OF THE CHISHOLM TRAIL BUSINESS CENTER
CONDOMINIUM OWNER'S ASSOCIATION, INC.,
as Trustee
By:
Printed Name: k,e l�t (j CArac--
Title:
✓ ` (ecc,i t- ev
Address: i'30;; -t
OTWA-d- (IC
Date: " 'Pio
PURCHASER:
CITY OF ROUND ROCK
By:
les R. Nuse
Manager
J* -w
$(- ietb(
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date: 1-2.1.1
7
EXHIBIT 1
Page 1 of 3
ROW
April 13, 2009
PROPERTY DESCRIPTION FOR PARCEL 3
DESCRIPTION OF 0.0216 OF ONE ACRE (942 SQUARE FEET) OF LAND OUT OF
LOT 1, BLOCK A, CHISHOLM TRAIL INDUSTRIAL PARK, A SUBDIVISION OF
RECORD IN CABINET R, SLIDE 99-110, PLAT RECORDS, WILLIAMSON
COUNTY, TEXAS, AND OUT OF THAT TRACT DESCRIBED IN A
DECLARATION OF CONDOMINIUM REGIME FOR CHISOLM TRAIL BUSINESS
CENTER CONDOMINIUM OF RECORD IN DOCUMENT NUMBER 2005022834,
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 0.0216 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 northwest corner of this tract,
same being in the north line of said Lot 1 and said Chisolin Trail Business Center
Condominium tract and the south line of Lot 1, Round Rock Industrial Park, a
subdivision of record in Cabinet C, Slide 293-294, Plat Records, Williamson County,
Texas and of that tract described in a deed to Charles H. Gerhart and wife, Helen A.
Gerhart, of record in Volume 1068, Page 827, Deed Records, Williamson County, Texas,
from which a 1/2" iron rod found at the southwest corner of said Lot 1, Round Rock
Industrial Park bears S68°24'03"W 182.51 feet;
1) THENCE, with the north line of this tract, said Lot 1, Chisholm Trail Industrial Park,
and said Chisolrn Trait Business Center Condominium tract and the south line of said
Lot 1, Round Rock Industrial Park and said Gerhart tract, N68°24'03"E 3.28 feet to
a 1/2" iron rod found at the northeast corner of this tract, said Lot 1, Chisholm Trail
Industrial Park and said Chisolm Trail Business Center Condominium tract and at an
angle point in the existing west right-of-way (ROW) line of Chisholm Trail and the
northwest corner of that tract dedicated as right-of-way on said plat of Chisholm
Trail Industrial Park from which a 3/4" iron pipe found at the southeast corner of said
Lot 1, Round Rock Industrial Park and said Gerhart tract bears N68°09'55"E 14.13
feet;
THENCE, with the east line of this tract, said Lot 1, Chisholm Trail Industrial Park, and
said Chisolm Trail Business Center Condominium tract and the existing west ROW line
of Chisholm Trail and of said tract dedicated as right-of-way, the following two (2)
courses, numbered 2 and 3;
2) S21°16'32"E 102.41 feet to a 1/2" iron rod found; and
3) with a curve to the right whose intersection angle is 07°35'39", radius is 360.00
feet, an arc distance of 47.72 feet, the chord of which bears 517°28'02"E 47.68
EXHIBIT 14,
Page 2 of 3
ROW
April 13, 2009
feet to a 1/2" iron rod found at the southeast corner of this tract, said Lot 1,
Chisholm Trail Industrial Park, and said Chisolm Trail Business Center
Condominium tract and the northeast corner of Lot 2, Block A, of said Chisholm
Trail Industrial Park and of that tract described in a deed to Tri Dal Real Estate,
Ltd,, of record in Document Number 2000051387, Official Public Records,
Williamson County, Texas from which a 1/2" iron rocs found in the east line of
said Lot 2 and said Tri Dal tract bears S12°49'01"W 10.96 feet;
4) THENCE, with the south line of this tract, said Lot 1, Chisholm Trail Industrial Park,
and said Chisolm Trail Business Center Condominium tract and the north line of said
Lot 2 and said Tri Dal tract, S68°24'03"W 6.79 feet to a 1/2" iron rod set with a
plastic cap at the southwest corner of this tract;
5) THENCE, with the west line of this tract, crossing said Lot 1, Chisholm Trail
Industrial Park, and said Chisolm Trail Business Center Condominium tract,
N18°43'35"W 150.16 feet to the POINT OF BEGINNING and containing 0.0216 of
one acre (942 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
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
Tliat 1, 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
13th day of April, 2009 A.D.
SURVEYED BY:
McGRAY & McGRAY LAND SURVEYORS, INC.
3301 Hancock Drive, Suite 6 Austin, Texas 78731
(512) 451-8591
Chris Conrad, Reg. Professional Land Surveyor No. 5623
Note: There is a plat to accompany this description, (CTIPIA ROW)
Issued 3/5/2009 Revised 4/15/2009
RE: CITY OF ROUND ROCK
OF
LOT
SKETCH TO ACCOMPANY DESCRIPTION
0.0216 AC. OR 942 SQ. FT. OF LAND OUT OF
1, BLOCK A, CHISHOLM TRAIL INDUSTRIAL PARK
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
LOT 1 ''u.\ __\ \
CHARLES H. GERHART AND �3
551FE, HELEN A. CERHART -- L , 3/4"
VOL. 1068, P0. 827 \ .O!'
D.R.Yr.C. / .-- 1 COUNTY ROAD 173
— / t CHISHOLM TRAIL
(R.O.W. VARIES)
ROUND ROCK INDUSTRIAL PARK
CAB. C, SL. 293-294
P.R.�.C.
il SCALE 1" = 40'
Oil /
`%/ / \�
�r6/83v--> -i.e.
i /0.5-1)i i W o '
i ----,..0.--$4"-
ta — y / �'0 • .•
/ /Q. .•.
_ .. /.. I' �, 6
`1�I�I
/ % •n
I ! I
\Q I
�''
P.O.B.
/
/
CHISHOLM TRAIL INDUSTRIAL PARK
CAB. R, SL. 99-1001.%1
SE��E•
0 O,P;
LOT 1, BLOCK A
CALLED 1.456 ACRES
0.0216 AC.
942 SQ.FT.
CHISHOLM TRAIL BUSINESS CENTER CONDOMINIUM
DOC. 2005022834
0.P.R.W.C.
LINE TABLE
LINE
BEARING
LENGTH
LI
L2
L3
N68.24'03'E
S68'24'03'W
N68'09'55'E
3,28
6.79
14.13
0
Ni
CURVE
CURVE TABLE
C1
(CO
C2
(C2)
LENGTH
47,72
(47.76)
10.96
(10.95)
RADIUS
360.00
(360.00)
360.00
(360.00)
DELTA
TANGENT
BEARING
CHORD
07'35'39"
(07'36'05")
01'44'41"
(01'44'31")
23.89
5.48
S 17'28'O2"E
(S15'06'37"£)
S12'49'01"E
(S10'26'19"E)
(4778
.73) CHISHOLM TRAIL INDUSTRIAL PARK \
10.96 CAH, R, SL. 99-100
(10.95) P,R.1Y, C.
/
LOT 2, BLOCK A
TRI DAL REAL ESTATE. LTD.
DOC. 2000051387
0.P.R.W.C.
NOTES:
1. THE COORDINATES SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE, NA083 (93 HARN) DATUM. THE BEARINGS SHOWN ARE GRID
BEARINGS. THESE COORDINATES WERE ESTABLISHED FROM CITY OF ROUND ROCK CONTROL
MONUMENTS, "RR01-002", A FIXED CONTROL POINT HAVING COORDINATE VALUES OF
N=10156747.30, E=3128487.39, AND "RR01—OO7", A FIXED CONTROL POINT HAVING
COORDINATE VALUES OF N=10165784.07, E=3126054.61, HAVING A GRID BEARING OF
N15'04'02"W, AND A GRID DISTANCE OF 9359.62 FEET. THE COMBINED SCALE FACTOR IS
1.00012. ALL DISTANCES SHOWN ARE SURFACE DISTANCES.
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF AN OWNERSHIP AND EASEMENT
REPORT.
J`� C) 1- �Tii(.'''c' '?*$:(*:
fy
�( cit l
`j
'3 LCs
l)U`
04/13/09
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:\SDSKPROJ\CHISHOLM—RTG\DWG\PARCELS\CTIP 1 A—ROW_REVI .DWG
LEGEND
• 1/2" IRON ROD FOUND
O IRON PIPE FOUND (SIZE NOTED)
O 1/2" IRON ROD SET WITH
PLASTIC CAP "MCGRAY MCGRAY"
P.O,B, POINT OF BEGINNING
D.R.W.C. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
0.P.R.W.C. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
SURVEYED BY:
REVISED: 04/13/09
ISSUED: 03/05/09
PAGE 3 OF 3
MoGRAY & McGRAY
LAND SURVEYORS, INC.
3301 HANCOCK DRIVE #6
AUSTIN, TEXAS 78731
(512) 451-8591
J08 NO.: 08-112
DATE: January 29, 2010
SUBJECT: City Manager Approval —
ITEM: Consider executing a Real Estate Contract with Chisholm Trail Business Center
Condominium for the purchase of 0.0216 of one acre of land necessary for the
Chisholm Trail Project (Parcel 3).
Department:
Staff Person:
Legal
Don Childs/Steve Sheets
Justification: This right-of-way is necessary for the improvement to Chisholm Trail.
Strategic Plan Relevance:
Funding:
Cost: $11,467.00
Source of funds: Round Rock Transportation Development Corp. Construction
Outside Resources (if applicable):
Public Comment (if applicable):
UPDATED APRIL 2008
1019 09
Request for City Council/City Manager Action
t ll City Council En 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 Adtrriiiistraltign�sQ ONLY
r L J ✓
Received:
Tag #: Ctn. O -ICS- 02„U
Original Documents Received:
Project Name: Chisholm Trail Parcel 3
ContractorNendor: Chisholm Trail Business Center Condo.
Funding Source: RR Trans Dev Corp Construction
Additional funding Source:
Amount:
Account Number:
Januray 29, 2010
$11,926.00
Consider executing a Real Estate Contract with Chisholm Trail Business Center Condominiums for the purchase of 0.0216 of one acre of land necessary for the Chisholm Trail Project (Parcel 3).
Finance Information
Is Funding Required?
Initial Construction Contract
Construction Contract Amendment
Change Order
=Change in Quantity
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Yes
No
u
=Unforeseen Circumstances
101
Other (Please clearly identify action below)
Real Estate Contract
APPROVALS
(to be completed ONLYby Finance)
Final finance Approval Ri
Amount
$11,467.00
Appraisal $13,250
FINANCE
N/A approved
E3
ED
El
Ell El
CheryI Delaney
Finance Director
01/26/2010
Date
e 01/26/2010'
ince approvals have been obtained, please forward the RFA, blue sheef back up information and originals io C �..
ITEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOIIT.FINANCE AND LEGAL APPROVAL PR
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signature: Lisa Dworaczyk
Dept. Director Signature:
*City Attorney Signat
City Manager Signature:
Date:
Date:
Date:
Date:
01/25/2010
Sara'
UBMISSION
*City Attorney signature is required for all items.
REVISED 01/27/2010
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
nCouncil Action:
ORDINANCE
Agenda Wording
Project Name: Chisholm Trail - Parcel 3
ContractorNendor: Chishol Trail Business Center Condominiums
1-1 RESOLUTION
City Manager Approval
CMA Wording
Consider executing a Real Estate Contract with Chisholm Trail Business Center Condominiums for the purchase of 0.0216 of one
acre of land necessary for the Chisholm Trail Project (Parcel 3).
Attorney Approval
0Attorney
Notes/Comments
Date //02d)// 6
The purchase price is an approved counter-offer with the land owner.
O:\wdox\SCCInts\91199\0003\M ISC\00181405.XLS
Updated 6/3/08