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R-05-09-08-11D1 - 9/8/2005RESOLUTION NO. R -05-09-08-11D1 WHEREAS, the City desires to purchase a 0.131 acre tract of land for additional right-of-way for the Red Bud Lane Project, and WHEREAS, Bruce and Stephanie Johnson, the owners of the property, have 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 Bruce and Stephanie 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 8th day of September, AT T : . R 71n NYLE, LL, M or Cit o- Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R50908D1.WPD/ Red Bud Lane Sidewalk—parcel 2 REAL ESTATE CONTRACT Red Bud Lane/CR 122 State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between BRUCE JOHNSON AND STEPHANIE DORSEY-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: 0.131 acre tract of land situated in the Robert McNutt Survey, Abstract No. 422, in Williamson County, Texas, being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein (Parcel 2); 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"). 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 Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of TWENTY ` ": THOUSAND and 00/100 Dollars ($25,000.00). ;0)000 .00) Payment of Purchase Price 2.03. The Purchase Price shall be payable in cash at the closing. @PFDesktop\::ODMA/WORLDOX/0:/wdox/CORK/transprt/redbudside/par2joiLson/contract/00089264.WPD/sls 5i .^3 EXHIBIT tIAtI Red Bud Lane Sidewalk—parcel 2 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 maybe 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. In the event Seller is unable to do so prior to the closing date or by other date as agreed to between the parties, Purchaser may terminate this Contract and it shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser, as provided in Article VI. Survey 3.03. Purchaser, at Purchaser's expense, hascausedto be delivered a current plat of survey of the Property, prepared by a duly licensed Texas land surveyor. Miscellaneous Conditions 3.04. Seller shall have performed, .observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and .warrants to Purchaser as follows, which representations and warranties shall be deemed made by.Seller `to Purchaser also as of the closing date, to the best of Seller's knowledge: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than as previously disclosed; 2 Red Bud Lane Sidewalk -parcel 2 (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 September 30, 2005, 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 in fee simple to all of the Property, free and clear of any and all liens, encumbrances, 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 Ill hereof; and (c) Any exceptions approved by Purchaser in writing. (2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Austin Title, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title 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;" and 3 Red Bud Lane Sidewalk—parcel 2 (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 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 yearr applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. Agricultural roll -back taxes, if any, shall be paid by Purchaser. Closing Costs 5.05. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (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 in Article IX hereof. At the closing, the Escraw .eposit-shall be paid -over - to Sellerand 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 Red Bud Lane Sidewalk—parcel2 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 Inr 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, andobligations 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 ie -binding -upon -and inure -to -the benefit of-theparties .and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. 5 Red Bud Lane Sidewalk -parcel 2 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 herebyy 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 By signing this Contract, Seller agrees to allow Purchaser to use and possess the Property for the purpose of constructing and/or improving a public road and 'related facilities, upon full execution •of this contract and payment of the Escrow deposit. 6 Red Bud Lane Sidewalk—parcel 2 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: Bruce Johnson Date: Stephanie Dorsey -Johnson Date: PURCHASER: CITY OF ROUND ROCK By: Its: 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Date: 7 Address: Address: Lot 1, Block B Oak Bluff Estates 0.131 Acre Tract Page 1 of 3 DESCRIPTION FOR A 0.131 ACRE (5,719 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK B, OAK BLUFF ESTATES, A SUBDIVISION RECORDED IN CABINET F, SLIDES 125 — 127 OF THE PLAT RECORDS OF SAID COUNTY, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod found for the southwest comer of said Lot 1, same being the northwest comer of Lot 21, Block B, of said Oak Bluff Estates, being on the east right-of-way line of County Road 122 (right-of-way width varies), for the southwest comer and POINT OF BEGINNING hereof; THENCE with the west line of said Lot 1, same being the east right-of-way line of said County Road 122, the following two (2) courses and distances: 1) N 03° 53' 55" E for a distance of 1.42 feet to a calculated angle point hereof, and 2) N 04° 55' 18" E for a distance of 229.19 feet to a calculated point of curvature hereof; THENCE with the curving intersection of the east right-of-way line of said County Road 122 and the south right-of-way line of Woodland Loop (50 foot right-of-way width), with the arc of a curve to the right, having a radius of 20.00 feet, an arc length of 31.89 feet, a central angle of 91° 22' 06", and a chord which bears, N 49° 27' 17" E for a distance of 28.62 feet to a %z" iron rod found for a point of tangency hereof; THENCE with the north line of said Lot 1, same being the south right-of-way line of said Woodland Loop, S 84° 51' 09" E for a distance of 20.07 feet to a'/x" iron rod set with `Baker- Aicklen" cap for the northeast corner hereof, from which a 1/2" iron rod found for the northeast comer of said Lot 1 bears, S 84° 51' 09" E for a distance of 114.48 feet; Lot 1, Block B Oak B1uff Estates 0.131 Acre Tract Page 2 of 3 THENCE through the interior of said Lot 1, the following two (2) courses and distances: 1) with the arc of a curve to the Left, having a radius of 20.00 feet, an arc length of 32.01 feet, a central angle of 91° 41' 30", and a chord which bears, S 49° 18' 06" W for a distance of 28.70 feet to a '/z" iron rod set with "Baker-Aicklen" cap for a point of tangency hereof, and 2) S 03° 27' 22" W for a distance of 230.62 feet to a %a" iron rod set with "Baker-Aicklen" cap on the south line of said Lot 1, same being the north line of said Lot 21, for the southeast comer hereof; THENCE with the south line of said Lot 1, same being the north line of said Lot 21, N 84° 47' 31" W for a distance of 25.94 feet to the POINT OF BEGINNING and containing 0.131 acres of land. Basis of bearings is the County Road 122 Project between U. S. Highway No. 79 and Forest Creek Drive, performed by Baker-Aicklen, April, 2000. Surveyed under the direct supervision of the undersigned during February, 2003: Mar;aret A. Nolen —�-� Registered Professional Land Surveyor No. 5589 BAKER-AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 Job No.: 0601-2-058-80 Filename: W:IPROJECTSICORRlCRI22\CR122-ReceMIROW TAKE\METES AND BOUNDS\CR 122 LOT I BLOCK B OAK BLUFF.DOC i i i i i i SKETCH TO ACCOMPANY DESCRIPTION I I NUMBER BEARING DISTANCE LI N 03°53'55" E 1.42' � N 01°03'31" W) (L48') L2 S 84°51'09" E 20.07' L3 N 84°47'31" W 25.94' WOODLAND LOOP (50' R. o. W. WIDTH) L2 (S 89,49'30" E 134.65'1 v � 5845/09"E --�-�,� /34.55' G2 S 84°5i`O9"8' 03A OAK BLUFF ESTATES tij CAB. F, SLIDES 125-127 tv o SUBJECT TRACT 0.131 ACRE (5,719 SQ. FT.) POINT OF IBEGINNING f2CD.8EF'T LJ7"1- SUfzVP2Y, AFS?'J?Ac-r No. 4.22 LOT 21, BLOCK B OAK BLUFF ESTATES CAB. F, SLIDES 125-127 NUMBER RADIUS ARC CEN. ANGLE CI 20.00' 31.89' 91°22'06" (20.00') (31.90') (91°23`09") C2 20.00' 32.0!' 91°41'30" CH. BRG. i 1 SCALE: 1" 50' WILLIAMSON COUNTY, TEXAS LEGEND • l/2" IRON ROD FOUND O I/2" IRON ROD SET WITH "BAKER-AICKLEN" CAP • CALCULATED POINT ( ) RECORD BEARING AND DISTANCE PER CAB. F. SLIDES 125-127 CHORD N 49°27'17" E (N 44°28'56" E) S 49°18'06" W 28.62' (28.62') 28.70' 1 DATE: FEB.. 2003 JOB NO.: 0601-2-058-80 8Y: M. NOLEN PAGE 3 OF 3 BAKER-AICKLEN s A$BOCIA rEB. INC. ENGINEERS/SURVEYORS WAPRO.ECTACORRNCR122\CH/2Z-it•oent\qOM TAK£\OWG\CR 122 LOT 1 BLOCK 8 OAK B1,1IFF.d"9 (ModNJ Octabir 19. 2004 - 9:S4o DATE: September 1, 2005 SUBJECT: City Council Meeting - September 8, 2005 ITEM: 11.D.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Bruce and Stephanie Johnson for the purchase of 0.131 acres for the Red Bud Lane Project. Department: Legal Department Staff Person: Steve Sheets, City Attorney Justification: This contract with Bruce and Stephanie Johnson is for right-of-way acquisition for the Red Bud Lane sidewalk project. Funding: Cost: $A04 000,00 COun ) Source of funds: 2001 GO Bonds Outside Resources: N/A Background Information: This property was appraised at $17,349.00 Public Comment: N/A CITY OF ROUND ROCK INTEROFFICE MEMORANDUM DATE: February 7, 2006 TO: File - R -05-09-08-11D1 FROM: Christine Martinez, City Secretary This file does not have a final original Real Estate Contract. The Council approved a purchase price of $20,000 for a 0.131 acre tract from Bruce and Stephanie Johnson for right-of-way for the Red Bud Lane Project on September 8, 2005. Negotiations continued after the approval by Council. On February 3, 2006, the City Manager approved and signed a Real Estate Contract for $25,000 to purchase the 0.131 acre tract from Bruce and Stephanie Johnson. The original Real Estate Contract is filed with the City Manager authorization documents file number CM -06-01-016.