R-13-01-10-F1 - 1/10/2013RESOLUTION NO. R -13-01-10-F1
WHEREAS, the City desires to purchase a 0.077 acre tract of land located at the corner of
Liberty Avenue and Lampasas Street required for the construction of additional public parking
facilities, and
WHEREAS, Mellownie Johnson, the owner of the Property, has agreed to sell said Property to
the City, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate
Contract with Mellownie Johnson, for the purchase of the above described Property, a copy of said
Real Estate Contract being attached hereto as Exhibit "A" and incorporated 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 10th day of January, 2013.
1' &—,,
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
U'0*
SARA L. WHITE, City Clerk
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EXHIBIT
„A»
REAL ESTATE CONTRACT
Downtown Parking Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between MELLOWNIE
JOHNSON, (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 0.077 acre, more or less, being
portions of Lots 14 and 15 Block 22 Original Town of Round Rock, in 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 NINETY THOUSAND and 00/100 Dollars
($90,000.00).
00264529.DOC
M
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
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 Ben Salazar previously disclosed to Purchaser;
(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.
4
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Texas American Title Company on or
before January 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.
rd
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.
5
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.
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, which date is indicated beneath the Mayor's signature below.
0
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.
SELLER:
Mellownie Johnson
Date:
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
Date:
7
Address:
Address: 221 East Main St.
Round Rock, Texas 78664
EXHIBIT
CRICHTON AND ASSOCIATES, INC.
LAND SURVEYORS
6448 HIGHWAY 290 E. SUITE B-105
AUSTIN, TEXAS 78723
512-244-3395
FIELD NOTES
FIELD NOTES FOR 0.077 ACRES BEING PORTIONS OF LOTS 14
AND 15 BLOCK 22 ORIGINAL TOWN OF ROUND ROCK AS
RECORDED IN CAB. A SLIDE 190-191 OF THE WILLIAMSON
COUNTY, TEXAS PLAT RECORDS. BEING THE SAME TRACT
RECORDED IN VOLUME 503, PAGE 140 BY DEED RECORDED IN
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS. SAID TRACT BEING MORE PAR'T'ICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING ATA 1/2" IRON PIN FOUND on the South R.O.W. of Liberty Avenue, at lice
Northeast corner of lot 13, BLOCK 22 ORIGINAL TOWN OF ROUND ROCK AS RECORDED IN
CAB. A SLIDE 190-191 OF THE WILLIAMSON COUNTY, TEXAS PLAT RECORDS for the
Northwest corner of this tract, same being the POINT OF BEGINNING of this tract.
THENCE N 720 41'27" E with the common R.O.W line of Liberty Avenue, and this tract, a
distance of 90.00 feet to a %," iron pin found at the intersection of Liberty Avenue and Lampasas Street, for
the North east corner of this tract.
THENCE S 170 23'2 1 " E with the common R.O.W. litre of Lampasas Street, and this tract, a
distance of 49.94 feet to a point on the said eonunon line, at the Northeast corner of n 7886 sq. R tract
conveyed to the City ol'Round Rock, by deed recorded in Doc. No. 2012049804, Official Public Records,
Williamson County, Texas, for the Southeast corner of this tract.
THENCE S 720 52' IG' W, along the conunon line of the said 7886 Sq. N. City of Round Rock
tract, a distance of 45.16 feet to a!/2" iron pin found on the common line of lots 14 & 15, BLOCK 22
ORIGINAL TOWN OF ROUND ROCK AS RECORDED IN CAB. A SLIDE 190-191 OF THE
WILLIAMSON COUNTY, TEXAS PLAT RECORDS, for an interior corner of the said 7886 Sq. Ft. City
of Round Rock tract, being the most Southerly Southwest corner of this tract.
THENCF, N 170 58' 04" W with the cotntnon line of the said 7886 Sq. Ft. City of Round Rock
tract, and this tract, a distance of 25.32 feet, a %z" iron pin found at the most Northerly Northeast corner of
the said 7886 Sq. Ft. City of Round Rock tract, for an interior corner of this tract.
THENCE S 720 26' 34" W, along the common line of the said 7886 Sq. Ft. City of Round Rock
tract, and this tract, a distance of 44.52 feet to a %" iron pin set on the east litre of the said lot 13, for (lie
most Northerly Southwest corner of this tract.
THENCE N 170 14' 00" W, along the common line of the said lot 13, and this tract, a distance of
24.67 feet to the POINT OF BEGINNING, and containing 0.077 acres more or less.
I hereby certify that the foregoing field notes were prepared fi-ont a survey on the ground, under
my supervision and are true and correct to the best of my knowledge and belief.
Witness my hand and seal Nov. 27, 2012
Haman Crichton R.P.L.S. 4046
03 508 UD2012
Plot of survey of property of l:kan!A es StreeL And Liberty Avenue
described as Lot e • Block of ORIGINAL TOWN OF ROUND ROCK
a subdivision of record In Mop or Plat Volume/Book/Cabinet/Documenf Number of Pago(e)/Sllde(s)
of the County, Texas Plat records.
C.F. Number: 9891-12-1270 Doled: 09-25-2012 Roference:Clt,v of Round Rook
Certify To: TITLE RESOURCFS GUARANTY COMPANY AND TEXAS AMERICAN TITLE COMPANY
10.077 ACRES BEING PORTIONS OF LOTS 14 AND 15 SCALE: 1" = 30'
BLOCK 22 ORIGINAL TOWN OF ROUND ROCK AS RECORDED
IN CAB. A SLIDE 190-191 OF THE WILLIAMSON COUNTY,
TEXAS PLAT RECORDS. BEING THE SAME TRACT RECORDED
IN VOLUME 503, PAGE 140 BY DEED RECORDED IN
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
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NOTES:
1) SUBJECT TO TERMS. PROVISIONS AND CONDITIONS OF A BOUNDARY
LINE AGREEMENT RECORDED IN VOL. 1137• PG. 945. OFFICIAL PUBLIC
RECORDS, VALLIAMSON COUNTY. TEXAS.
The undersigned does hereby certifythat the plot shown represents iho results of a survey on the ground u der my supervision
and Is True and correct arkd that Iisro oro no disoreponeles, eonflic s, shortsgos In ores, boundary line conf�lef, eneroaehmenls,
overlapping of Improvements, visible utility easements, except as shown and Iho properly has sasses to and from a dedicated
roadway.
The properly shown hereon Is located In Zone "IC Area outside 500 yaer11andp1 In
as shown on Community Panel Number 481045 0495 F of the Flood Insurance Rote Mop prepared
for.ClLX_ar Rannd Renkr by the Federal Emergency Management Agency. Mop Doled: s»"1- 29- 2005
This Information Is based solely on sold mop and the surveyor does not assume responsibility as to any Information provided
and does not represent accuracy or Inaccuracy of sold map.
This survey is copyright 2011 by Crlehion and Assaeloles• Inc., and 1s
being provided solely for Ohs use of the current pa les and no
license has been created, exp{oss or Implied, to copy the survey JOB NUM8ER:03-508
except as Is necessary In con unction with Ihis ,fa
only. LEGEND
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Austin, Texas 78723=oy��"aoOAw°iENCE►ENCE
PHONE: (612) 244-3395 —x—x—LURE FENCE U
FAX: (612) 244-9508—E—E—DvrnikEAo tt[CINc LINE DADA Oc(. "O • Z 7 2012
() RECORD INFORUADd7
EXHIBIT
a 5
SPECIAL WARRANTY DEED
Downtown Parking Improvement Project
THE STATE OF TEXAS §
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 downtown parking improvement 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, MELLOWNIE JOHNSON, 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 laird 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 0.077 acre, more or less, being portions of
Lots 14 and 15 Block 22 Original Town of Round Rock, in Williamson County, Texas, 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.
00263762.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 ourselves, our 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.
IN WITNESS WHEREOF, this instrument is executed on this the _ day of , 20_.
GRANTOR:
Mellownie Johnson
Acknowledgment
State of Texas §
County of Williamson §
This instrument was acknowledged before me on this the day of , 20_ by
Mellownie Johnson, in the capacity and for the consideration and purposes recited herein.
Notary Public, State of
2
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
GRANTEE'S ADDRESS:
Round Rock, Texas 78664
City of Round Rock
221 East Main
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main St.
Round Rock, Texas 78664
;1, City Council Agenda Summary Sheet
C PROSPERITY.
Agenda Item No. F1.
Consider a resolution authorizing the Mayor to execute a Real Estate Contract with
Agenda Caption: Mellownie Johnson for the Downtown Parking Improvement Project.
Meeting Date: January 10, 2013
rtment: Legal
Staff Person making presentation: Steve Sheets
City Attorney
Item Summary:
This real estate contract is for the purchase of 0.077 acre of property at the corner of Liberty Ave. and Lampasas
Street required for the construction of additional public parking facilities to support the City's downtown and main
street areas. The property is improved with a 260 SF building which is currently used as a barber shop. This is the last
remaining parcel of property to be acquired for the project. The City's appraised value for the property was $70,900.
Cost: $90,000.00
Source of Funds: General Self -Financed Construction Fund
Recommended Action: Approval
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REAL ESTATE CONTRACT
Downtown Parking Improvement Project
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between MELLOWNIE
JOHNSON, (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 0.077 acre, more or less, being
portions of Lots 14 and 15 Block 22 Original Town of Round Rock, in 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 NINETY THOUSAND and 00/100 Dollars
($90,000.00).
00264529.DOC
E
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
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 Ben Salazar previously disclosed to Purchaser;
(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.
2
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Texas American Title Company on or
before January 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) 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.
2
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.
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, which date is indicated beneath the Mayor's signature below.
IN
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.
SELLER:
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Date: _/,7 ',
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
Date: -ID-I—S
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Address: - 05 f . Ay& AyeyiyA
lzoll 'A &C V,Tkq0 lbc61
Address: 221 East Main St.
Round Rock, Texas 78664
EXHIBIT
- 1
CRICHTON AND ASSOCIATES, INC.
LAND SURVEYORS
6448 HIGHWAY 290 E. SUITE B-105
AUSTIN, TEXAS 78723
512-244-3395
FIELD NOTES
FIELD NOTES FOR 0.077 ACRES BEING PORTIONS OF LOTS 14
AND 15 BLOCK 22 ORIGINAL TOWN OF ROUND ROCK AS
RECORDED 1N CAB, A SLIDE 190-191 OF THE WILLIAMSON
COUNTY, TEXAS PLAT RECORDS. BEING THE SAME TRACT
RECORDED IN VOLUME 503, PAGE 140 BY DEED RECORDED IN
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS. SAID TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A''/2" IRON PIN FOUND on the South R.O.W. of Liberty Avenue, at the
Northeast corner of lot 13, BLOCK 22 ORIGINAL TOWN OF ROUND ROCK AS RECORDED IN
CAB. A SLIDE 190-191 OF THE WILLIAMSON COUNTY, TEXAS PLAT RECORDS for the
Northwest corner of this tract, same being the POINT OF BEGINNING of this tract.
THENCE N 720 41' 27" E with the common R.O.W line of Liberty Avcnue, and this tract, a
distance of 90.00 feet to a'/2" iron pin found at the intersection of Liberty Avenue and Lampasas Street, for
the North east corner of this tract.
THENCE S 170 23'2 1 " E with the common R.O.W. line of Lampasas Street, and this tract, a
distance of 49.94 feet to a point on the said common line, at the Northeast corner of a 7886 sq. ft tract
conveyed to the City of Round Rock, by deed recorded in Doc. No. 2012049804, Official Public Records,
Williamson County, Texas, for the Southeast corner of this tract.
THENCE S 720 52' 16" W, along the common line of the said 7886 Sq. Ft. City of Round Rock
tract, a distance of 45.16 feet to a %2" iron pin found on the common line of lots 14 & 15, BLOCK 22
ORIGINAL TOWN OF ROUND ROCK AS RECORDED IN CAB. A SLIDE 190-191 OF THE
WILLIAMSON COUN'T'Y, TEXAS PLAT RECORDS, for an interior corner of the said 7886 Sq. Ft. City
of Round Rock tract, being the most Southerly Southwest corner of this tract.
THENCE, N 170 58' 04" W with the common line of the said 7886 Sq. Ft. City of Round Rock
tract, and this tract, a distance of 25.32 feet, a %2" iron pin found at the most Northerly Northeast corner of
the said 7886 Sq. Ft. City of Round Rock tract, for an interior corner of this tract.
THENCE S 720 26' 34" W, along the common line of the said 7886 Sq. Ft. City of Round Rock
tract, and this tract, a distance of 44.52 feet to a'/2" iron pin set on the east line of the said lot 13, for the
most Northerly Southwest corner of this tract.
THENCE N 170 14' 00" W, along the common line of the said lot 13, and this tract, a distance of
24.67 feet to the POINT OF BEGINNING, and containing 0.077 acres more or less.
I hereby certify that the foregoing field notes were prepared from a survey on the ground, under
my supervision and are true and correct to the best of my knowledge and belief.
Witness my hand and seal Nov. 27, 2012
Herman Crichton R.P.L.S. 4046
03 508 UD2012
Plat of survey of property of I:kXC =-= streat And .lberty Avenue
described as Lot • Block , of ORIGINAL TOWN OF ROUND ROCK
a subdivision of record In Mop or Plat Volume/Book/Cabinet/Document Number of Page(s)/Slide(s)
of the Williamason County County, Texas Plat records.
C.F. Number: 9691-12-1270 Dated: 09-25-2012 Reference:Clty of Round Rock
Certify To.,TITLE RESOURCES GUARANTY COMPANY AND TEXAS AMESiCAN TITLE COMPANY
• 0.077 ACRES BEING PORTIONS OF LOTS 14 AND 15 SCALE: 1" =30'
BLOCK 22 ORIGINAL TOWN OF ROUND ROCK AS RECORDED
IN CAB. A SLIDE 190-191 OF THE MLLIAMSON COUNTY,
TEXAS PLAT RECORDS. BEING THE SAME TRACT RECORDED
IN VOLUME 503, PAGE 140 BY DEED RECORDED IN
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS.
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NOTES:
1) SUBJECT TO TERMS, PROVISIONS AND CONDITIONS OF A BOUNDARY
LINE AGREEMENT RECORDED IN VOL. 1137, PG. 945, OFFICIAL PUBLIC
RECORDS, WILLIAMSON COUNTY, TEXAS.
The undersigned does hereby certify that the plot shown represents the results of a survey on the ground under my supervision
and Is true and correct and that there are no discrepancies, conflicts, shortages in area, boundary line confllcf, encroachments,
overlapping of improvements, visible utility sossments, except as shown and the properly has access to and from a dedicated
roadway.
The property shown hereon Is located in Zone ")(' Area outside500 year Dacdpl in
as shown on Community Panel Number 481048 0405 F of the Flood Insurance Rale Mop prepared
for 931 of Round Reck by the Federal Emergency Management Agency. Mop Doled: Sept 26 2008
This inform -Non Is based solely on said map and the surveyor does not assume responsibility as to any information provided
and does not represent accuracy or Inaccuracy of said map.
This survey Is copyright 2011 by Crichton and Associates. Inc., and Is
being provided solely for the use of the current parties and no
It 5e has been created, express or Implied, to copy the survey JOB NUMBER:03-508
except as is necessary In con)unclion with lhls transaction only. LEGEND
Q. 1/2• IRON PIN FOUND
OIO% IRON E SETA NNL FOND'II,GUY W POLE�SCRICHTION
ASSOCIATES INC. 9 WT HYDRANT® wATl a viv�E .ter. .......:r.,.D SURVEYORS ® GAS DETER HERMAN CRICHTON
® SEWER CLEANOUT ............................
El UTILITY PEDESTAL •�'�� 4046 1-
6448 East Highway 290 ®uc uniiry wiRwxc MANHOLE 9i(� . PCsST� `P 10�
.Suite 81.05 ®CONC. PAD WTt1 ELEC Q'••••• v4
Austin, Texas 78723=/ _ ENCS SUR
PHONE: (612) 244-3395—x—x—vARE FENCE
FAX: (512) 244-9508 —E—E—OVERHEAD ELECTRIC LINE UPDATED: NOV. 27. 2012
f I RECORD RIFORLIARON DATE: Oct. 29, 2003
EXHIBIT
SPECIAL WARRANTY DEED
Downtown Parking Improvement Project
THE STATE OF TEXAS §
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 downtown parking improvement 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, MELLOWNIE JOHNSON, 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 0.077 acre, more or less, being portions of
Lots 14 and 15 Block 22 Original Town of Round Rock, in Williamson County, Texas, 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.
00263762.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 ourselves, our 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.
IN WITNESS WHEREOF, this instrument is executed on this the day of , 20_.
GRANTOR:
Mellownie Johnson
Acknowledgment
State of Texas
County of Williamson
This instrument was acknowledged before me on this the day of , 20_ by
Mellownie Johnson, in the capacity and for the consideration and purposes recited herein.
Notary Public, State of
2
PREPARED IN THE OFFICE OF:
GRANTEE'S ADDRESS:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
City of Round Rock
221 East Main
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Sheets & Crossfield, P.C.
309 East Main St.
Round Rock, Texas 78664