CM-13-06-090ROUND ROCK, TEXAS
PONPOY IgWON PM%PiNTY
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a Real Estate Contract with SAR Western Center
Plaza, LP for the Chisholm Trail Road Improvements Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/21/2013
Dept Director: Steve Sheets
Cost: $26,513.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: 00276997.PDF, 00277002.PDF
Text of Legislative File CM -13-06-090
This right of way is required for construction of the Chisholm Trail (Phase III) Roadway Expansion Project. The
original appraised value for the acquisition was $20,785 ($9.35/SF).
Staff Recommends Approval.
City of Round Rock Page 1 Printed on 6/20/2013
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Legal
Project Name: Chisholm Trail Road Improvements
Project Mgr/Resource: Steve Sheets/Don Childs
Council Action:
ORDINANCE
Agenda Wording
ContractorNendor: SAR Westem Center Plaza, LP
I-1 RESOLUTION
City Manager Approval
CMA Wording
Consider executing a Real Estate Contract with SAR Western Center Plaza, LP for the Chisholm Trail Road Improvements
Project.
Attorney Approval
Attorney
Notes/Comments
Date
O:\wdox\SCCInts\0199\7280-051\MISC\00277002.XLS Updated 6/3/08
REAL ESTATE CONTRACT
Chisholm Trail Road (Phase III) Right of Way
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between SAR
WESTERN CENTER PLAZA, LP, a Texas limited partnership, (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:
All of that certain tract of land containing a total of 0.051 acre, more or less, being
a part of and out of the David Curry Survey, Abstract No. 130, Williamson
County, Texas, being more fully described by metes and bounds in Exhibit "A",
attached hereto and incorporated herein;
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 described in Exhibit "A",
for the consideration and upon and subject to the terms, provisions, and conditions set forth
below.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the Property described in Exhibit "A" and the acquisition of
any improvements on the Property shall be the sum of TWENTY SIX THOUSAND FIVE
HUNDRED THIRTEEN and 00/100 Dollars ($26,513.00).
SAR--purchase contract for 0.051 acre --Chisholm Trail (6-13-13) (00276754)
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 being conveyed to Purchaser under threat of condemnation.
2
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Texas American Title Company on or
before July 31, 2013, 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 or in the contract (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 Special
Warranty Deed conveying good and indefeasible title in fee simple to all of the Property described
in Exhibit "A", 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 "B" 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;
(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
(3) Deliver to Purchaser possession of the Property if not previously done.
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
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.
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.
4
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.
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.
5
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.
Gender
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 or city manager, which date is indicated beneath the Mayor's or City Manager's signature
below.
Counterparts
8.11 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.
6
SELLER:
SAR WESTERN CENTER PLAZA, LP,
a Texas limited partnership
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PURCHASER:
CITY OF ROUND ROCK, TEXAS
By:
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Date: 6-21- /S
7
Address: (A 101 Sv'14'"v-14' 1314
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Address: 221 East Main St.
Round Rock, Texas 78664
EXHIBIT "A"
Right -Of -Way Parcel
ME1ES AND BOUNDS DESCRIPTION
OF A
0.051 ACRE TRACT OF LAND OUT OF THE
SAR WESTERN CENTER PLAZA, LP TRACT
LOCATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING a 0.051 acre (2,223 square feet) tract of land situated in the David Curry Survey, Abstract No.
130, City of Round Rock, Williamson County, Texas; said 0.051 acre tract being a portion of that
certain tract of land described in a Special Warranty Deed With Vendor's Lien to SAR
Western Center Plaza, LP, filed on January 8, 2008, and recorded in Document No. 2008002151,
Official Public Records of Williamson County, Texas (O.P.R.W.C.T.); said 0.051 acre tract also
being a portion of Lot 3-B, Block B, Plat Amendment of Lots 3 -Al & 3-A2, Block B, Encino Plan
filed on December 15, 2000, and recorded in Cabinet T, Slides 272-273, Plat Records of Williamson
County, Texas (P.R.W.C.T.); said 0.051 acre tract being more particularly described by metes and
bounds as follows:
BEGINNING at a 1/2 inch iron rod found for the northwest corner of said Lot 3-B and the herein
described tract, same marking the southwest corner of Lot 3-A3, Block B, Replat of Lot 3-A, Block
B, Encino Plaza, filed on October 28, 1998, and recorded in Cabinet Q, Slides 184-185,
P.R.W.C.T., said point also being on the existing east right-of-way (R.O.W.) line of Chisholm Trail
(having a. variable width);
THENCE, North 89° 23' 28" East, departing the east R.O.W. line of said Chisholm Trail, and with the
common north line of said Lot 3-B and the south line of said Lot 3-A3, a distance of 4.10 feet to a 1/2 inch
iron rod with orange plastic cap stamped "Wallace Group" (hereafter referred to as "Wallace cap") set for
the northeast comer of the herein described tract;
THENCE, South 00° 48' 04" West, departing said common line, and traveling across the interior of said
Lot 3-B, a distance of 435.30 feet to a 1/2 inch iron rod with "Wallace cap" set for the southeast corner of
the herein described tract, said point being on the common south line of said Lot 3-B and the north line of
Lot 2-A, Block B, Replgt of Lots 1, 2 & 3, Block B, Encino Plaza, filed on August 4, 1997, and recorded in
Cabinet 0, Slides 336-337, P.R.W.C.T.;
THENCE, South 89° 23' 28" West, with the common south line of said Lot 3-B and the north line of
said Lot 2-A, a distance of 0.82 feet to a 1/2 inch iron rod found for the southwest comer of said Lot 3-B
and the herein described tract, same marking the northwest corner of said Lot 2-A, said point also being on
the existing east R.O.W. line of said Chisholm Trail;
THENCE, with the common east R.O.W. line of said Chisholm Trail and the west line of said Lot 3-B, the
following two (2) courses and distances:
1) North 00° 37' 48" West, a distance of 304.21 feet to a 1/2 inch iron rod found marking an
angle point along the west line of said Lot 3-B and the herein described tract;
Page 1 of 3
Exhibit "A" continued
Description of a 0.051 acre tract
2) North 02° 41' 06" East, a distance of 131.17 feet to the POINT OF BEGINNING of the herein
described tract, delineating and encompassing within the metes recited 0.051 acre (2,223 square
feet) of land, more or less, based on the survey and exhibit drawing made by The Wallace
Group, Inc., Round Rock, Texas in March of 2013.
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central
Zone, NAD83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
An exhibit drawing of even survey date herewith accompanies this metes and bounds description.
I, Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas, do hereby
certify that this metes and bounds description and exhibit drawing A-4540 attached hereto were
prepared from an actual survey of the property performed on the ground and that the same is true and
correct.
aniel M. Flaherty, R.P.L.S. #5004
The Wallace Group, Inc.
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 218-0065
Work Order No. 22587
See attached Plat No. A-4540
22587-FN04.doc
Page 2 of 3
03-22-2013
Date
EXHIBIT "A"
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF
A PROPOSED 0.051 ACRE RIGHT-OF-WAY PARCEL
LOCATED IN THE DAVID CURRY SURVEY, ABSTRACT 130
AND BEING A PORTION LOT 3-B, BLOCK B, PLAT AMENDMENT OF LOTS 3 -Al AND LOTS 3-A2,
BLOCK B, ENCINO PLAZA, RECORDED IN CABINET T, SLIDES 272 AND 273 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
E
g 3/22/2013 -
FIELD NOTE
POINT OF
BEGINNING
GENERAL NOTES:
1. ALL PROPERTY CORNERS FOUND ARE
CONTROL MONUMENTS.
2. SUBJECT TO ANY AND ALL COVENANTS,
RESTRICTIONS, EASEMENTS AND CONDITIONS
THAT MAY BE APPUCABLE.
3. THE SURVEYOR DID NOT ABSTRACT THE
SUBJECT TRACT.
4. THIS DRAWING IS ACCOMPANIED BY A METES
AND BOUNDS DESCRIPTION.
5. BEARINGS ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM (CENTRAL ZONE,
NAD83) WHICH IS BASED ON LEICA'S CENTRAL
TEXAS GPS COOPERATIVE CORS RTK NETWORK.
DETAIL "A"
LEGEND
O SET 1/2' IRON ROD WITH
ORANGE PLASTIC CAP
STAMPED "WALLACE GROUP"
• - FOUND 1/2' IRON ROD
UNLESS OTHERWISE NOTED
P.R.W.C.T..• PLAT RECORDS -
WILUAMSON COUNTY, TEXAS
0.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS -
VAWAMSON COUNTY, TEXAS
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4.10'
N 89'23'28' E
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LOT 3-A3
BLOCK B
REPLAT OF
LOT 3-A, BLOCK 8
ENCINO PLAZA
CABINET Q, SUDES 184-185
P.R.W.C.T.
FILED: OCTOBER 28, 1998
SUBDIVISION/LOT UNE
0.051 ACRE RIGHT—OF—WAY)
PARCEL (2,223 SQ. FT.)
LOT 3—B
BLOCK B
PLAT AMENDMENT OF
LOTS 3—Al & 3—A2, BLOCK B
ENCINO PLAZA
CABINET T, SUDES 272 & 273
P.R.W.C.T.
FILED: DECEMBER 15, 2000
/
SAR WESTERN CENTER PLAZA, LP
DOCUMENT NO. 2008002151
0.P.R.W.C.T.
FILED: JANUARY 8, 2008
SEE DETAIL
,1
S 89'23'28' W
0.82'
is,0'1\13°4
EY
1401. TO'
Dpv 9S1 sa C GDU16
SUBDIVISION/LOT UNE
LOT 2-A
BLOCK B
REPLAT OF
LOTS 1, 2, & 3 - BLOCK B
ENCINO PLAZA
CABINET 0, SUDES 336 & 337
P.R.W.C.T.
FILED: AUGUST 4, 1997
The Wallace Group, Inc.
One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065
Engineers • Architects • Planners • Surveyors
Waco * Killeen * Dallas * Round Rock
I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND
SURVEYS IN THE STATE OF TEXAS. THIS THE 22ND DAY OF MARCH , 2011
SURVEYED: 10-17-12
SCALE
® 2013 ALL RIGHTS RESERVED
DANIEL M. FLAHERTY, RP 0. 500
0 PLAT NO. A-4540 DRAFT 'ATE 03-22-2013 DRAWN BY TAB
WORK ORDER NO 22587 F1ELDBOOK/PG144 52 TAB # A-4540
DIGITAL FILE 22587R -ROW TRACTS F/N # 22587-FNO4
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3 OF 3
THE STATE OF TEXAS
SPECIAL WARRANTY DEED
Chisholm Trail Road (Phase III)
§
COUNTY OF WILLIAMSON §
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other
property rights deemed necessary or convenient for the construction, expansion, enlargement,
extension, improvement, or operation of a portion of the proposed Chisholm Trail Road
expansion project ("Project"); and,
WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary or
convenient for the construction, expansion, enlargement, extension, improvement, or operation
of the Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, SAR WESTERN CENTER PLAZA, LP, a Texas limited partnership, hereinafter
referred to as Grantor, whether one or more, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the City
of Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which
no lien is retained, either expressed or implied, have this day Sold and by these presents do
Grant, Bargain, Sell and Convey unto the CITY OF ROUND ROCK, TEXAS all that certain
tract or parcel of land lying and being situated in the County of Williamson, State of Texas,
being more particularly described as follows:
All of that certain tract of land containing a total of 0.051 acre, more or less, being
part of and out of the David Curry Survey, Abstract No. 130, City of Round Rock,
Williamson County, Texas, and being more fully described by metes and bounds
in Exhibit "A", attached hereto and incorporated herein.
RESERVATIONS FROM 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.
00276755.DOC
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with
all and singular the rights and appurtenances thereto in any wise belonging unto the City of
Round Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs,
executors, administrators, successors and assigns to Warrant and Forever Defend all and singular
the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against
every person whomsoever lawfully claiming or to claim the same or any part thereof by, through,
or under Grantor, but not otherwise.
This deed is being delivered in lieu of condemnation.
1)1
INS, WITNESS WHEREOF, this instrument is executed on this the 1 day of
Junve, , 2013.
GRANTOR:
SAR WESTERN CENTER PLAZA, LP,
a Texas limited partnership
B
Its: (\it f ckr+h'e/
State of Texas
County of
Acknowledgment
This instrument was acknowledged before me on this the day of
2013 by , in the capacity and for the consideration and purposes
recited herein.
Notary Public, State of Texas
2
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
GRANTEE'S ADDRESS:
City of Round Rock
221 East Main
Round Rock, Texas 78664
AFTER RECORDING RETURN TO: