R-06-05-25-11F1 - 5/25/2006RESOLUTION NO. R -06-05-25-11F1
WHEREAS, the City desires to purchase a 0.661 acre tract of land
for additional right-of-way for the Kiphen Road Project, and
WHEREAS, Whitney Partnership, James P. O'Connor, as custodian
for Patrick T. O'Connor and Nicholas E. O'Connor, Christopher A.
Wilson, as custodian for Colin A. Wilson and Parker L. Wilson, 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 Whitney Partnership,
James P. O'Connor, as custodian for Patrick T. O'Connor and Nicholas E.
O'Connor, Christopher A. Wilson, as custodian for Colin A. Wilson and
Parker L. Wilson, 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 25th day of May, 2006.
R
•
NYLE
ayor
City o Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secrtary
@PFDesktop\:: ODMA/WORLDOX/0:/WDOX/RESOLUTI/R60525F1.WPD/so
Kiphen Rd.—parcel 8
REAL ESTATE CONTRACT
Kiphen Road
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between WHITNEY
PARTNERSHIP, JAMES P. O'CONNOR, AS CUSTODIAN FOR PATRICK T. O'CONNOR
AND NICHOLAS E. O'CONNOR, CHRISTOPHER A. WILSON, AS CUSTODIAN FOR
COLIN A. WILSON AND PARKER L. WILSON, (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 ("Property"):
Fee simple interest in 0.661 acre tract of land, more or less, situated in the Willis Donaho
Survey, Abstract No. 173, in Williamson County, Texas, being more fully described by metes
and bounds or shown in Exhibit "A", attached hereto and incorporated herein (Parcel 8);
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 EIGHTY FOUR
THOUSAND FIVE HUNDRED FORTY SIX and 00/100 Dollars ($84,546.00).
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the closing.
O:\wdox\CORR\transprtUciphenrd\whitney\contract\00099322. DOC
1
EXHIBIT
"A"
Kiphen Rd.—parcel 8
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the closing.)
Preliminary Title Commitment
3.02. Purchaser, at Purchaser's sole cost and expense, has caused the Texas American
Title Company, ("Title Company") to issue a preliminary title report (the "Title Commitment")
accompanied by copies of all recorded documents relating to easements, rights-of-way, etc.,
affecting the Property. In the event that title to the property is not satisfactory to Purchaser, after
notice of such unsatisfactory condition Seller shall provide Purchaser with any assistance
reasonably requested as necessary to eliminate or modify such matters.
Survey
3.03. Purchaser, at Purchaser's expense, has caused to be delivered a current plat of survey
of the Property, prepared by a duly licensed Texas land surveyor.
Miscellaneous Conditions
3.04. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed, and complied
with by Seller prior to or as of the closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
Seller hereby represents and warrants to Purchaser as follows, which representations and
warranties shall be deemed made by Seller to Purchaser also as of the closing date, to the best of
Seller's knowledge:
(1) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than as previously disclosed;
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and
restrictions relating to the Property, or any part thereof;
The Property herein is being conveyed to Purchaser under threat of condemnation.
2
Kiphen Rd.—parcel 8
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the Title Company on or before June 1, 2006, or at such
time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the
completion of any title curative matters if necessary for items as shown on the Title Commitment
(which date is herein referred to as the "closing date").
Seller's Obligations at Closing
5.02. At the closing Seller shall:
(1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed
conveying good and marketable title to all of the Property as shown in Exhibit "A", free and clear
of any and all liens and encumbrances, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
(2) If requested, deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole
expense, issued by Title Company, in Purchaser's favor in the full amount of the
purchase price, insuring Purchaser's drainage easement interest to the Property
subject only to those title exceptions listed herein, such other exceptions as may be
approved in writing by Purchaser, and the standard printed exceptions contained in
the usual form of Texas Owner's Title Policy, provided, however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record;" and
(3)
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Payable."
Deliver to Purchaser possession of the Property if not previously done.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price.
3
Kiphen Rd.—parcel 8
Prorations
5.04. If required, general real estate taxes for the then current year relating to the Property
shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing
shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall
be upon the basis of the tax rate for the next preceding year applied to the latest assessed
valuation. All special taxes or assessments to the closing date shall be paid by Seller. Agricultural
roll -back taxes, if any, shall be paid by Purchaser.
Closing Costs
5.05. All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
Owner's Title Policy and survey to be paid by Purchaser.
Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
All other closing costs shall be paid by Purchaser.
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 Escrow
Deposit shall be paid over to Seller and applied to the cash portion of the purchase price,
provided, however, that in the event the Purchaser shall have given written notice to the title
company that one or more of the conditions to its obligations set forth in Article III have not been
met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in
Article III, then the Escrow Deposit shall be forthwith returned by the title company to Purchaser.
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.
4
Kiphen Rd. -parcel 8
ARTICLE VIII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
Escrow Deposit from the title company, the sum being agreed on as liquidated damages for the
failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms
and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total
damages and relief and as Seller's sole remedy hereunder in such event.
ARTICLE IX
MISCELLANEOUS
Notice
9.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Apply
9.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
9.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
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.
5
Kiphen Rd.- parcel 8
Time of Essence
9.06. Time is of the essence in this Contract.
Gender
9.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
9.08. Upon request of either party, both parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Possession and Use Agreement
9.10 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. Purchaser agrees to execute a separate Possession and Use
Agreement document suitable for recording if requested by Purchaser.
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.
[signature pages follow]
6
Kiphrn IU. p i I x
SELLER:
WHITNEY PARTNERSHIP
Ey" `dai/
Kaytney
Managing Partner
Date; fMY 200S-
JAMES
005
JAMES P. O'CONNOR, as custodian
for Patrick T. O'Connor
Date:
JAMES P. O'CONNOR, as custodian
for Nicholas E. O'Connor
Dale:
CHRISTOPHER A. WILSON, as
custodian far Colin A. Wilson
Dale:
CHRISTOPHER A. WILSON, as
custodian for Parker L. Wilson
Date:
Address: 210-5- .7(;OS7�Xf Z flie#0l
foss/y, rx 78757
Address:
Address:
Address:
Address:
Kiphen Rd.—parcel 8
SELLER:
WHITNEY PARTNERSHIP
By: Address:
Kay Whitney
Managing Partner
Date:
014,!2 C /Fi r
JAMES P. O'CONNOR, as custodian
for Patrick T. O'Connor
Date: IfIty y 20((,
,e4 71-; 174W C 77idd!
1/7/.7
/JAMES P. O'CONNOR, as custodian
4/ for Nicholas E. O'Connor
Date: /r y 2a6
CHRISTOPHER A. WILSON, as
custodian for Colin A. Wilson
Date:
CHRISTOPHER A. WILSON, as
custodian for Parker L. Wilson
8
Address: 600 �i ��f� 4c res /'
8 epi/ a1n l X 7 7473.5
Address: l (>C entl" 4rej
greri air, TAI- 77133
Address:
Address:
Kiphen Rd,—parcel8
SELLER:
WHITNEY PARTNERSHIP
By:
Kay Whitney
Managing Partner
Date:
JAMES P. O'CONNOR, as custodian
for Patrick T. O'Connor
Date:
JAMES P. O'CONNOR, as custodian
for Nicholas E. O'Connor
Date:
D
K �
fV
Gly c% --i 4/4,, -
CHRISTOPHER A. WILSON, as
custodian for Colin A. Wilson
Date: r/1/96
C4;44647(1e.-7
CHRISTOPHER A. WILSON, as
custodian for Parker L. Wilson
7
Address:
Address:
Address:
Address: ry S Sker-buq,Q Lr ivt
b- l I t S )1--t-)ca S 75 -31
Address: 683 Sk'rturne brItre
ba- ((as) -t xas 7S-0)3)
Kiphen Rd.—parcel 8
PURCHASER:
CITY OF ROUND ROCK
By:
Its:
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
8
PARCEL: 8
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
EXHIBIA
T
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.661 ACRE (28,795 SQUARE FOOT), TRACT OF
LAND SITUATED IN THE WILLIS DONAHO SURVEY, ABSTRACT NO.
173, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT
CALLED 6.770 ACRE TRACT OF LAND CONVEYED TO WHITNEY
PARTNERSHIP BY INSTRUMENT RECORDED IN DOCUMENT NO.
2001036787 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 0.661 ACRE (28,795 SQUARE FOOT) TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
Page 1 of 3
BEGINNING FOR REFERENCE at a found 1/2" iron rod with plastic cap in the existing northerly right-of-
way line of Kiphen Road (right-of-way width varies), 48.28 feet left of proposed Kiphen Road baseline
station 144+03.61, being the most southerly southwest comer of Lot 28, Block F, Settlers Crossing
Section 1, according to the plat thereof recorded in Cabinet X, Slide 266 of the Plat Records of
Williamson County, Texas;
THENCE, with the southerly boundary line of said Lot 28, same being the existing northerly right-of-way
line of Kiphen Road, N 87°11'41' E for a distance of 60.37 feet to a set P.K. nail on top of a rock column
in the westerly boundary line of said 6.770 acre tract, 48.29 feet left of proposed Kiphen Road baseline
station 144+63.98, being the southeasterly corner of said Lot 28 and the northwesterly corner and POINT
OF BEGINNING of the herein described tract, from which a found 1/2" iron rod with plastic cap bears N
78°14'45" E, a distance of 0.40 feet;
THENCE, departing the existing northerly right-of-way line of Kiphen Road, through the interior of said
6.770 acre tract, with the proposed northerly right-of-way line of Kiphen Road, the following two (2)
courses:
1) N 87°11'41" E for a distance of 974.22 feet to a set 1/2" iron rod with a City of Round
Rock aluminum cap at an interior ell corner in the northerly boundary line of the herein
described tract, 48.36 feet left of proposed Kiphen Road baseline station 154+38.20;
2) N 02°43'52' W for a distance of 276.87 feet to a set 1/2" iron rod with a City of Round
Rock aluminum cap in the northerly boundary line of said 6.770 acre tract, 325.23 feet left
. of proposed Kiphen Road baseline station 154+38.54, being an ell corner in the existing
westerly right-of-way line of County Road 122 (right-of-way width varies), and being the
southeasterly corner of Lot 29 (fence and landscape lot), Block F, of said Settlers
Crossing Section 3, according to the plat thereof recorded in Cabinet AA, Slide 375 of the
Plat Records of Williamson County, Texas, and being an exterior ell corner in the
northerly boundary line of the herein described tract;
3) THENCE, with the northerly boundary line of said 6.770 acre tract and said existing
westerly boundary line of County Road 122, N 86°45'45" E for a distance of 25.51 feet to
a found 1/2" iron rod with plastic cap, being the northeasterly corner of said 6.770 acre
tract and the northeasterly corner of the herein described tract;
PARCEL: 8
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 2of3
4) THENCE, with the easterly boundary line of said 6.770 acre tract, same being said
existing westerly right-of-way line of County Road 122, S 02°39'10' E for a distance of
295.02 feet to a calculated point at the intersection of said existing westerly right -of- way
line of County Road 122 with the existing northerly right-of-way line of Kiphen Road,
being the southeasterly corner of said 6.770 acre tract and the southeasterly corner of
the herein described tract, from which a found 1/2' iron rod bears S 87°28'43" E, a
distance of 0.26 feet;
THENCE, with the southerly boundary line of said 6.770 acre tract, same being the existing
northerly right-of-way line of Kiphen Road, the following two (2) courses:
5) S 86°45'13" W for a distance of 947.87 feet to a found 1/2" iron rod, being an angle point
in the southerly boundary line of the herein described tract;
6) S 87°13'48" W for a distance of 51.47 feet to a calculated point, being the southwesterly
corner of said 6.770 acre tract and the southwesterly corner of the herein described tract;
7) THENCE, with the westerly boundary line of said 6.770 acre tract and said existing
northerly right-of-way line of Kiphen Road, N 02°46'12" W for a distance of 25.23 feet to
the POINT OF BEGINNING, containing 0.661 acres (28,795 square feet) of land, more or
less.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.
4203, NAD 83.
This property description is accompanied by a separate plat.
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described
herein was determined by a survey made onthe ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
M. Stephen True dale
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Civil Associates, L.L.C.
1504 Chisholm Trail Road
Suite 103
Round Rock, TX 78681
512-238-1200
KIPHEN ROAD — PARCEL 8
C
Date
WILLIS DONAHO SURVEY
ABSTRACT NO. 173
z �
SETTLERS CROSSING
SEC11ON%1
CAB. X,.SS 266
T.
s e Qw
SETTLERS CROSSING
SECTION 3
CAB. AA, SL. 375
P.R.W.C.T.
CORRIGAN LANE (50' ROW) E705nnG R.G.w
LOT LOT
27 26
LOT
25
LOT LOT
24 23
LOT LOT LOT
22 21 20
BLOCK F
LOT LOT LOT
25 26 27
I _I
EXISTING KIPHEN, ROAD
R.O.W. MOTH VARIES
L4
P.O.R.
STA 144+03,61
48.28' LT
CITY OF ROUND ROCK, TEXAS
(427.956 AC.)
VOL. 1760, PG. 451
O.R.W.C.T.
NCj1 4,6
N
ID
N
P.O.B.
STA 144+63.98
48.29' LT
SEE DETAIL A"
43 145+00
(L3
LOT LO198T LOT
1LO6T LOT LOT L13
BLOCK F
S 86.45'45' W
(5 8918'09'
949.66'
949.74')
WHITNEY PARTNERSHIP
(6.770 AC.)
DOC. NO. 2001036787
O.P.R.W.C.T.
N 8711'41" E
S 86'45'33" W EXISTING R.O.W.
:A Si,
(5 B9'38'D9'
LOT
~O 11
J
LOT
s
LOT
10
M'o'a ONLLSD(3
LOT 29
L2
STA 154+38.54
325.23' LT
0.661 AC.
28,795 SQ. FT.
STA 154+38.20
48.36' LT
974.22'
pROpOSEO KIPHEN ROAD BASDJH
PROPOSED R.D.W.
LEGEND
• 1/2" IRON ROD FOUND
O 1/2 " IRON ROD SET W/CITY OF
ROUND ROCK ALUMINUM CAP
® IRON ROD W/PLASTIC CAP FOUND
• P.K. NAIL SET
L, CALCULATED POINT
Q PROPERTY LINE
( ) RECORD INFORMATION
P.O.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
O.R.W.C.T. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
CITY OF ROUND ROCK, TEXAS
(47.413 AC.)
DOC. NO. 199950368
0-P.R.W.C.T-
9,47.87'
947.83'}
I SEE DETAIL "8'
CITY OF ROUND ROCK, TEXA
(1.698 AC.)
DOC. NO. 2000009011
0.P.R.W.C.T.
NO.
BEARING
DISTANCE
L1
N 8711'41- E
60.37'
L2
N 86'45'45" E
25.51'
L3
S 8213'48" W
51.47'
(L3)(S
89'55'06" W
(51.45)
L4
N 02'46'12" W
25.23'
NOTES: DETAIL AA"
LL BEARINGS
IN IESRGRID ON BEARINGS.
DETEXS ARE
SURFACE
DISTANCES.
COORDTES ARAFC VAES BASEDONTHASSTATE PLANE COORDINATE SYSTEM.
NAL/ 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012.
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS
OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON.
HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER. MY DIRECTION AND
SUPERVISION AND THAT THIS PLAT IS TRUE ANO CORRECT TO THE BEST OF MY KNOWLEDGE ANO BELIEF.
11.
5 87'28'43" E
0.26'
DETAIL "8"
l�l lAicu2A-
/3
M. STE'HEN TRU SDALE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
6 INLAND CIVIL"
Vir-J
PROFESSIONAL LAND SURVEYORS
1504 CHISHOLM TRAIL RD. SUITE 103
ROUND ROCK, TX. 78681
PH. (5111238-1200, FAX (512) 238-1251
ASSOCIATES
N
S
50 0 100 200
SCALE 1" = 200'
2
n
PAGE 3 OF 3
RIGHT OF WAY SKETCH
KIPHEN ROAD
WILLIAMSON COUNTY, TEXAS
PARCEL 8
DATE: May 18, 2006
SUBJECT: City Council Meeting - May 25, 2006
ITEM: * 11.F.1. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with Whitney Partnership, et al for the purchase of
a 0.661 -acre tract of land for the Kiphen Road Improvement
Project.
Department: Legal
Staff Person: Steve Sheets, City Attorney
Justification:
Whitney Partnership has proposed to sell to the City right-of-way for the Kiphen Road
expansion project at a price of $2.94/foot. An appraisal for this property has not been
completed due to time constraints, but the City Attorney's office undertook an investigation
of land prices in the area in order to confirm that this price is within an acceptable range.
The following items were considered in determining that this was a fair market price range
and should be accepted:
1. Appraisals for Phase I of the Kiphen Road project have been recently completed. The
Camco parcel, located at the corner of CR 113 and 1460, was appraised at
$5.00/foot. This property is at a more favorable location, and represents the upper
end of values for this area for properties of this size. The Park Central Property,
located further along Kiphen Road and not at a corner, appraised for $2.00/foot. This
property has a slightly inferior location when compared to the Whitney property
because it is not on the corner of Kiphen Road and CR 122.
2. We consulted with our appraiser and searched for comparable sales of properties of
similar size, even though detailed adjustments to those were not made. These
indicated a range of value consistent with the proposed contract price.
3. We also investigated the listing prices for properties being offered for sale in this
area. These also indicated that the proposed contract price was within an
acceptable range of value.
Funding:
Cost: $84,546.00
Source of funds: 4B Transportation Corporation Funds
Outside Resources: N/A
Background Information:
This real estate contract is for the Kiphen Road widening project.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
Kiphen Rd.—parcel 8
REAL ESTATE CONTRACT
Kiphen Road
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between WHITNEY
PARTNERSHIP, JAMES P. O'CONNOR, AS CUSTODIAN FOR PATRICK T. O'CONNOR
AND NICHOLAS E. O'CONNOR, CHRISTOPHER A. WILSON, AS CUSTODIAN FOR
COLIN A. WILSON AND PARKER L. WILSON, (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 ("Property"):
Fee simple interest in 0.661 acre tract of land, more or less, situated in the Willis Donaho
Survey, Abstract No. 173, in Williamson County, Texas, being more fully described by metes
and bounds or shown in Exhibit "A", attached hereto and incorporated herein (Parcel 8);
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 EIGHTY FOUR
THOUSAND FIVE HUNDRED FORTY SIX and 00/100 Dollars ($84,546.00).
Payment of Purchase Price
2.03. The Purchase Price shall be payable in cash at the closing.
O:\wdox\CORR\transprt\ciphenrd\whitney\contract\00099322. DOC
R-CXo- 05.25- 111 F!
1
Kiphen Rd. -parcel 8
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the closing.)
Preliminary Title Commitment
3.02. Purchaser, at Purchaser's sole cost and expense, has caused the Texas American
Title Company, ("Title Company") to issue a preliminary title report (the "Title Commitment")
accompanied by copies of all recorded documents relating to easements, rights-of-way, etc.,
affecting the Property. In the event that title to the property is not satisfactory to Purchaser, after
notice of such unsatisfactory condition Seller shall provide Purchaser with any assistance
reasonably requested as necessary to eliminate or modify such matters.
Survey
3.03. Purchaser, at Purchaser's expense, has caused to be delivered a current plat of survey
of the Property, prepared by a duly licensed Texas land surveyor.
Miscellaneous Conditions
3.04. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed, and complied
with by Seller prior to or as of the closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
Seller hereby represents and warrants to Purchaser as follows, which representations and
warranties shall be deemed made by Seller to Purchaser also as of the closing date, to the best of
Seller's knowledge:
(1) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers, other than as previously disclosed;
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and
restrictions relating to the Property, or any part thereof;
The Property herein is being conveyed to Purchaser under threat of condemnation.
2
Kiphen Rd. -parcel 8
ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at the Title Company on or before June 1, 2006, or at such
time, date, and place as Seller and Purchaser may agree upon, or within 10 days after the
completion of any title curative matters if necessary for items as shown on the Title Commitment
(which date is herein referred to as the "closing date").
Seller's Obligations at Closing
5.02. At the closing Seller shall:
(1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed
conveying good and marketable title to all of the Property as shown in Exhibit "A", free and clear
of any and all liens and encumbrances, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions approved by Purchaser in writing.
(2) If requested, deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole
expense, issued by Title Company, in Purchaser's favor in the full amount of the
purchase price, insuring Purchaser's drainage easement interest to the Property
subject only to those title exceptions listed herein, such other exceptions as may be
approved in writing by Purchaser, and the standard printed exceptions contained in
the usual form of Texas Owner's Title Policy, provided, however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record;" and
(3)
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Payable."
Deliver to Purchaser possession of the Property if not previously done.
Purchaser's Obligations at Closing
5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price.
3
Kiphen Rd.—parcel 8
Prorations
5.04. If required, general real estate taxes for the then current year relating to the Property
shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing
shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall
be upon the basis of the tax rate for the next preceding year applied to the latest assessed
valuation. All special taxes or assessments to the closing date shall be paid by Seller. Agricultural
roll -back taxes, if any, shall be paid by Purchaser.
Closing Costs
5.05. All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
Owner's Title Policy and survey to be paid by Purchaser.
Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
All other closing costs shall be paid by Purchaser.
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 Escrow
Deposit shall be paid over to Seller and applied to the cash portion of the purchase price,
provided, however, that in the event the Purchaser shall have given written notice to the title
company that one or more of the conditions to its obligations set forth in Article III have not been
met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in
Article III, then the Escrow Deposit shall be forthwith returned by the title company to Purchaser.
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.
4
Kiphen Rd. -parcel 8
ARTICLE VIII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
Escrow Deposit from the title company, the sum being agreed on as liquidated damages for the
failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms
and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total
damages and relief and as Seller's sole remedy hereunder in such event.
ARTICLE IX
MISCELLANEOUS
Notice
9.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Apply
9.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
9.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
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.
5
Kiphen Rd.—parcel
Time of Essence
9.06. Time is of the essence in this Contract.
Gender
9.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
9.08. Upon request of either party, both parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
Compliance
9.09 In accordance with the requirements of Section 20 of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Possession and Use Agreement
9.10 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. Purchaser agrees to execute a separate Possession and Use
Agreement document suitable for recording if requested by Purchaser.
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.
[signature pages follow]
6
xipbra na parcel
SELLER:
WHITNEY PARTNERSHIP
B
Kay WWMirney
Managing Partner
Date; S; 2006-"
JAMES P. O'CONNOR, as custodian
for Patrick T. O'Coiuior
Date:
JAMES 1'. O'CONNOR, as custodian
for Nicholas E. O'Connor
Date:
CHRISTOPHER A. WILSON, as
custodian far Colin A. Wilson
Date:
CHRISTOPHER A. WILSON, as
custodian for Parker L. Wilson
Date:
7
Address: 2/06",70.5-i/1/ L I/ /J#0/
ItUs7/N, 7X 7g757
Address:
Address:
Address:
Address:
Kiphen Rd.—parcel 8
SELLER:
WHITNEY PARTNERSHIP
By: Address:
Kay Whitney
Managing Partner
Date:
JAMES P. O'CONNOR, as custodian
for Patrick T. O'Connor
Date: Mi y y 2 G et
1'�7 77i
;/%1�l'% L//F
/JAMES P. O'CONNOR, as custodian
for Nicholas E. O'Connor
Date: rile y 2 a)6
CHRISTOPHER A. WILSON, as
custodian for Colin A. Wilson
Date:
CHRISTOPHER A. WILSON, as
custodian for Parker L. Wilson
8
Address: t (� t(/;l';,1/ 4cref i(1
/�
)reoli m, l/K 7 78.-.
eZeiAddress: (r(' eid/ ref
gretilidoi TX 7i5
Address:
Address:
Kiphen Rd—parcel 8
SELLER:
WHITNEY PARTNERSHIP
By:
Kay Whitney
Managing Partner
Date:
JAMES P. O'CONNOR, as custodian
for Patrick T. O'Connor
Date:
JAMES P. O'CONNOR, as custodian
for Nicholas E. O'Connor
Date:
elt-t-t=r A/%-,
CHRISTOPHER A. WILSON, as
custodian for Colin A. Wilson
Date: c/`{ 06
C4;44647(//e/ 61
C/F per,. �. 41 --
CHRISTOPHER A. WILSON, as
custodian for Parker L. Wilson
Date: --
Address:
Address:
Address:
Address: ro 3 33- S%b wQ L.r^ i vy
be—I (A. S S I -e.)ca S 75e3 I
Address: 6g 3,- S er6urne A -;"e.
1cp.- ((as) f-e-tca.s
Kiphen Rd.—parcel8
PURCHASER:
CITY OF ROUND ROCK
Its: Ill AV 0/2.
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date: 5 -A5 -oto
8
PARCEL: 8
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
EXHIBIA
T
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.661 ACRE (28,795 SQUARE FOOT), TRACT OF
LAND SITUATED IN THE WILLIS DONAHO SURVEY, ABSTRACT NO.
173, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT
CALLED 6.770 ACRE TRACT OF LAND CONVEYED TO WHITNEY
PARTNERSHIP BY INSTRUMENT RECORDED IN DOCUMENT NO.
2001036787 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 0.661 ACRE (28,795 SQUARE FOOT) TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
Page 1 of 3
BEGINNING FOR REFERENCE at a found 1/2" iron rod with plastic cap in the existing northerly right-of-
way line of Kiphen Road (right-of-way width varies), 48.28 feet left of proposed Kiphen Road baseline
station 144+03.61, being the most southerly southwest comer of Lot 28, Block F, Settlers Crossing
Section 1, according to the plat thereof recorded in Cabinet X, Slide 266 of the Plat Records of
Williamson County, Texas;
THENCE, with the southerly boundary line of said Lot 28, same being the existing northerly right-of-way
line of Kiphen Road, N 87°11'41' E for a distance of 60.37 feet to a set P.K. nail on top of a rock column
in the westerly boundary line of said 6.770 acre tract, 48.29 feet left of proposed Kiphen Road baseline
station 144+63.98, being the southeasterly comer of said Lot 28 and the northwesterly corner and POINT
OF BEGINNING of the herein described tract, from which a found 1/2" iron rod with plastic cap bears N
78°14'45" E, a distance of 0.40 feet;
THENCE, departing the existing northerly right-of-way line of Kiphen Road, through the interior of said
6.770 acre tract, with the proposed northerly right-of-way line of Kiphen Road, the following two (2)
courses:
1) N 87°11'41" E for a distance of 974.22 feet to a set 1/2' iron rod with a City of Round
Rock aluminum cap at an interior ell comer in the northerly boundary line of the herein
described tract, 48.36 feet left of proposed Kiphen Road baseline station 154+38.20;
2) N 02°43'52' W for a distance of 276.87 feet to a set 1/2" iron rod with a City of Round
Rock aluminum cap in the northerly boundary line of said 6.770 acre tract, 325.23 feet left
of proposed Kiphen Road baseline station 154+38.54, being an ell corner in the existing
westerly right-of-way line of County Road 122 (right-of-way width varies), and being the
southeasterly corner of Lot 29 (fence and landscape lot), Block F, of said Settlers
Crossing Section 3, according to the plat thereof recorded in Cabinet AA, Slide 375 of the
Plat Records of Williamson County, Texas, and being an exterior ell corner in the
northerly boundary line of the herein described tract;
3) THENCE, with the northerly boundary line of said 6.770 acre tract and said existing
westerly boundary line of County Road 122, N 86°45'45" E for a distance of 25.51 feet to
a found 1/2" iron rod with plastic cap, being the northeasterly corner of said 6.770 acre
tract and the northeasterly corner of the herein described tract;
PARCEL: 8
COUNTY: WILLIAMSON
OWNER: CITY OF ROUND ROCK
Page 2 of 3
4) THENCE, with the easterly boundary line of said 6.770 acre tract, same being said
existing westerly right-of-way line of County Road 122, S 02°39'10' E for a distance of
295.02 feet to a calculated point at the intersection of said existing westerly right -of- way
line of County Road 122 with the existing northerly right-of-way line of Kiphen Road,
being the southeasterly corner of said 6.770 acre tract and the southeasterly corner of.
the herein described tract, from which a found 1/2" iron rod bears S 87°28'43" E, a
distance of 0.26 feet;
THENCE, with the southerly boundary line of said 6.770 acre tract, same being the existing
northerly right-of-way line of Kiphen Road, the following two (2) courses:
5) S 86°45'13" W for a distance of 947.87 feet to a found 1/2" iron rod, being an angle point
in the southerly boundary line of the herein described tract;
6) S 87°13'48" W for a distance of 51.47 feet to a calculated point, being the southwesterly
corner of said 6.770 acre tract and the southwesterly corner of the herein described tract;
7) THENCE, with the westerly boundary line of said 6.770 acre tract and said existing
northerly right-of-way line of Kiphen Road, N 02°46'12" W for a distance of 25.23 feet to
the POINT OF BEGINNING, containing 0.661 acres (28,795 square feet) of land, more or
less.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.
4203, NAD 83.
This property description is accompanied by a separate plat.
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described
herein was determined by a survey made onthe ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
l
M. Ste-phen True dale
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Civil Associates, L.L.C.
1504 Chisholm Trail Road
Suite 103
Round Rock, TX 78681
512-238-1200
KIPHEN ROAD — PARCEL 8
WILLIS DONAHO S UFc VE Y
ABSTRACT NO. 173
Ia
5
SETTLERS CROSSING
SECT1ONJ 1
CAB. X, �S(L
as
0
LOT LOT LOT
27 26 25
266 EA-OCK F
LOT 2
w 'T n 28;,
-X
Al `�� 8.4i.
AF -31m
L1
Z
LOT51 25 1 LOT LOT 7
VL
EXISTING KIPHEN ROAD
R.O.W. WIDTH VARIES
V.
P.O.R.
STA 144+03.61
48.28' LT
CITY OF ROUND ROCK, TEXAS
(427.956 AC.)
VOL 1760, PG. 451
O.R.W.C.T.
L4
/'e
LOT
24
LOT
LOT
23 22
P.O.B.
STA 144+63.98
48.29' LT
SEE DETAIL "A"
1_3 145+00
LEGEN D
• 1/2" IRON ROD FOUND
O 1/2 " IRON ROD SET W/CITY OF
ROUND ROCK ALUMINUM CAP
O IRON ROD W/PLASTIC CAP FOUND
• P.K. NAIL SET
• CALCULATED POINT
E PROPERTY UNE
( ) RECORD INFORMATION
P.O.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY. TEXAS
O.R.W_C_T. OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY, TEXAS
CORRIGAN
LOT LOT21 20
S
SETTLERS CROSSING
SECTION 3
CAB. AA, SL. 375
P.R. W. C.T.
LANE (50' Roth DOSING R.O.W.
LOT I LOT LOT LOT LOT I LOQ
19 18 17 16 15
86'5' W
(5 8953e'099' W
LOT
949.66'
949.74')
WHITNEY PARTNERSHIP
(6.770 AC.)
DOC. NO. 2001036787
0.P.R.W.C.T.
N 8711'41" E
W
£19519113 R.O.W.
6�45'a3"
.,.w. (S 6936o9"
PROPOSED KIF4€N ROAD BASELN
CITY OF ROUND ROCK, TEXAS
(47.413 AC.)
DOC. NO. 199950368
0.P.R.W.C.T.
13
J
LOT
11
LOT
9
LOT
10
STA 154+38.54
325.23' LT
0.661 AC.
28,795 SQ. FT.
STA 154+38.20
48.36' LT
974.22'
R.O.W.
CITY OF ROUND ROCK, TEXA
(1.698 AC.)
DOC. NO. 2000009011
0. P.R.W.C.T.
NO.
BEARING
DISTANCE
L1
N 87'11'41" E
60.37'
L2
N 86'45'45" E
25.51'
L3
5 8713'48" W
51.47'
(L3XS
89'55'06" W
(51.45)
L4
N 02'46'12" W
25.23'
DETAIL "A"
NOTES:
ALL BEARINGS ARE BASED ON GRID BEARINGS. DISTANCES ARE SURFACE DISTANCES.
COORDINATES ARE SURFACE VALUES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,
NAD 83, CENTRAL ZONE, USING A COMBINED SURFACE ADJUSTMENT FACTOR OF 1.00012.
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS
OR OTHER INSTRUMENTS PERTAINING TO THIS PROPERTY THAT ARE NOT SHOWN HEREON.
DETAIL "B"
1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER. MY DIRECTION AND
SUPERVIS10N ANO THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
/('-//
/1,2/14, le/Gu2A.
M. STE HEN TRU SDALE
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
0
E • LOT 29
L2
9,47.87' ,
947.63
SEE DETAIL "B"
W
N
E
.11
S
50 0 100 200
SCALE 1" = 200'
0
0
PAGE 3 OF 3
INLAND CIVIL °
ASSOCIATES
PROFESSIONAL LAND SURVEYORS
' 1 SO4 CHISHOLM TRAIL RD. SUITE 103
ROUND ROCK, TX 78681
PH. M2)238-1200. FAX 1512) 238-1251
RIGHT OF WAY SKETCH
KIPHEN ROAD
WILLIAMSON COUNTY, TEXAS
PARCEL 8