R-06-12-21-9D3 - 12/21/2006RESOLUTION NO. R -06-12-21-9D3
WHEREAS, the City of Round Rock ("City") owns a tract of excess
land described as follows: Lot 10, Block R, Chisholm Valley West, Sec.
3 Amended, as shown by the plat recorded in Cabinet F, Slides 7 and 8,
Plat Records of Williamson County, Texas, the "Property";
WHEREAS, the City proposes to sell the Property to Habitat for
Humanity of Greater Round Rock ("Habitat") for the purpose of erecting
affordable housing; and
WHEREAS, Habitat wishes to buy the land for the purpose of
erecting affordable housing thereon; and
WHEREAS, Texas Local Government Code ("TLGC") Section 253.010(a)
provides that the governing body of a municipality may provide for the
manner in which property owned by the municipality may be sold if the
conveyance is to a nonprofit organization meeting all the required
criteria; and
WHEREAS, TLGC Section 253.010(a)(2) provides for the criteria
that Habitat must satisfy in order for the City to sell the property to
Habitat without being required to comply with the ordinary procedures
governing the sale of land by a municipality; Now Therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the City Council hereby determines that Habitat meets the
legal requirements of a qualified nonprofit organization under the
TLGC Section 253.010(a)(2) in that it:
(i) is a nonprofit organization as described by 26 U.S.C.
Section 501(c)(3),
0:\wdox\RESOLUTI\R61221D3.WPD/rmc
(ii) has been incorporated in this state for at least one year,
(iii) has a corporate purpose to develop affordable housing that
is stated in its bylaws,
(iv) has at least one-fourth of its board of directors residing
in the municipality, and
(v) engages primarily in the building of housing for low-income
individuals and families.
BE IT FURTHER RESOLVED
That the Mayor is hereby authorized and directed to execute on
behalf of the City any and all documents necessary for the conveyance
of the Property, including a Deed Without Warranty, a copy of said Deed
being attached hereto as Exhibit "A" and incorporate herein for all
purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 21st day of December
NYLE
Cites
A ST,:
_Uk I Ai —1�1 e ) R -
CHRISTINE R. MARTINEZ, City Se retary
V,
WELY5, Mayor
Round Rock, Texas
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON § KNOB' ALL BY THESE PRESENTS:
DEED WITHOUT WARRANTY
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.
Date: December 21, 2006
Grantor: City of Round Rock, Texas
Grantor's Mailing Address:
City of Round Rock, Texas
221 E. Main Street
Round Rock, Texas 78664
Grantees: Habitat for Humanity of Greater Round Rock
Grantees' Mailing Addresses:
Habitat for Humanity of Greater Round Rock
555 Round Rock West Drive
Round Rock, Texas 78681
Consideration:
TEN AND NO/100 DOLLARS ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged.
Property (including any improvements):
Lot 10, Block R, Chisholm Valley West, Section 3 Amended, as shown by the
plat recorded in Cabinet F, Slides 7 & 8, Plat Records of Williamson County,
Texas.
Reservations from Conveyance:
None.
00107862. doc/rmc
EXHIBIT
nAn
Exceptions to Conveyance:
Validly existing easements, rights-of-way, and prescriptive rights, whether of record or
not; all presently recorded and validly existing restrictions, reservations, covenants, conditions,
oil and gas leases, mineral interests, and water interests outstanding in persons other than
Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the
Property; validly existing rights of adjoining owners in any walls and fences situated on a
common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any
encroachments or overlapping of improvements; all rights, obligations, and other matters arising
from and existing by reason of the Upper Brushy Creek Water Control and Improvement
District; and taxes for 2006, which Grantee assumes and agrees to pay and subsequent
assessments for that and prior years due to change in land usage, ownership, or both, the
payment of which Grantee assumes.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance, grants, sells, and conveys to Grantee the Property, together with all
and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to
Grantee and Grantee's heirs, successors, and assigns forever, without express or implied
warranty. All warranties that might arise by common law as well as the warranties in section
5.023 of the Texas Property Code (or its successor) are excluded.
As a material part of the Consideration for this deed, Grantor and Grantee agree that
Grantee is taking the Property "AS IS" with any and all latent and patent defects and that there is
no warranty by Grantor that the Property has a particular financial value or is fit for a particular
purpose. Grantee acknowledges and stipulates that Grantee is not relying on any representation,
statement, or other assertion with respect to the Property condition but is relying on Grantee's
examination of the Property. Grantee takes the Property with the express understanding and
stipulation that there are no express or implied warranties.
When the context requires, singular nouns and pronouns include the plural.
IN WITNESS WHEREOF, this Deed without Warranty is executed by Grantor on this
the day of the month of , 2006.
ATTEST:
Christine Martinez, City Secretary
2
GRANTOR:
CITY OF ROUND ROCK, TEXAS
Nyle Maxwell, Mayor
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the day of the month of
2006, by Nyle Maxwell, Mayor of the City of Round Rock,
Texas, on behalf of said municipality.
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, TX 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
Attention: Steve Sheets
309 East Main Street
Round Rock, TX 78664
3
Notary Public, State of Texas
DATE: December 15, 2006
SUBJECT: City Council Meeting - December 21, 2006
ITEM: 9.D.3. Consider a resolution authorizing the Mayor to execute a Deed
Without Warranty for excess property to Habitat for Humanity of
Greater Round Rock.
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning and Community Development Director
Justification:
This lot would be used by Habitat for Humanity to construct a new home. Habitat for
Humanity has access to $60,000 of federal Bootstrap program funding for the construction
of the home (including the cost of the lot). The sale of this lot to Habitat for Humanity will
provide affordable housing and put this surplus lot on the tax roles.
Funding•
Cost:
Source of funds:
Outside Resources:
Background Information:
N/A
N/A
Dick King - Habitat for Humanity
This lot (Lot 10, Block R, Chisholm Valley West, Section 3 Amended -701 Broken Bow Drive)
is only 50 feet wide and is further limited by a 10 foot PUE along the North side of the lot,
leaving room for a 35 -foot wide home.
Public Comment: N/A
EXECUTED
DOCUMENT
]FOLLOWS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
DEED 2007001166
3 PGS
§ KNOW ALL BY THESE PRESENTS:
DEED WITHOUT WARRANTY
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.
Date: December 21, 2006
Grantor: City of Round Rock, Texas
Grantor's Mailing Address:
City of Round Rock, Texas
221 E. Main Street
Round Rock, Texas 78664
Grantees: Habitat for Humanity of Greater Round Rock
Grantees' Mailing Addresses:
Habitat for Humanity of Greater Round Rock
555 Round Rock West Drive
Round Rock, Texas 78681
Consideration:
TEN AND N01100 DOLLARS r$1 n.00 a_nd other good wnd aluat�l,
consideration, the receipt and sufficiency of which are hereby acknowledged.
Property (including any improvements):
Lot 10, Block R, Chisholm Valley West, Section 3 Amended, as shown by the
plat recorded in Cabinet F, Slides 7 & 8, Plat Records of Williamson County,
Texas.
Reservations from Conveyance:
None.
R-off-ta ai-`1D3
00107862. doe/rmc
Exceptions to Conveyance:
Validly existing easements, rights-of-way, and prescriptive rights, whether of record or
not; all presently recorded and validly existing restrictions, reservations, covenants, conditions,
oil and gas leases, mineral interests, and water interests outstanding in persons other than
Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the
Property; validly existing rights of adjoining owners in any walls and fences situated on a
common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any
encroachments or overlapping of improvements; all rights, obligations, and other matters arising
from and existing by reason of the Upper Brushy Creek Water Control and Improvement
District; and taxes for 2006, which Grantee assumes and agrees to pay and subsequent
assessments for that and prior years due to change in land usage, ownership, or both, the
payment of which Grantee assumes.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance, grants, sells, and conveys to Grantee the Property, together with all
and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to
Grantee and Grantee's heirs, successors, and assigns forever, without express or implied
warranty. All warranties that might arise by common law as well as the warranties in section
5.023 of the Texas Property Code (or its successor) are excluded.
As a material part of the Consideration for this deed, Grantor and Grantee agree that
Grantee is taking the Property "AS IS" with any and all latent and patent defects and that there is
no warranty by Grantor that the Property has a particular financial value or is fit for a particular
Purpose. Grantee acknowledges and stipulates that Grantee is not relying on any representation,
statement, or other assertion with respect to the Property condition but is relying on Grantee's
examination of the Property. Grantee takes the Property with the express understanding and
stipulation that there are no express or implied warranties.
When the context requires, singular nouns and pronouns include the plural.
IN WITNESS WHEREOF, this Deed without Warranty is executed by Grantor on this
the n. 11 ST day of the month of 2006.
GRANTOR:
ATTEST:
Christine Martinez, City Secretary
4FA 66,� �� 6
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
ACKNOWLEDGMENT
,
hThis instrument was acknowledged before me on this the -�7 day of the month of
:-'rEC)r\P-R' e 2006, by Nyle Maxwell, Mayor of the City of Round Rock,
Texas, on behalf of said municipality.
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, TX 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
Attention: Steve Sheets
309 East Main Street
Round Rock, TX 78664
N aryPublic, tateof exas
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2007001166
01/04/2007 08:43 AM
F-! V2 Li,'+ c) �� SURRATT $24.00
j 3 NANCY E. RISTER, COUNTY CLERK
12-G:•LtIl1) iU-<-K.) -7-K- -7F&S (f) WILLIAMSON COUNTY, TEXAS