R-02-07-25-14E1 - 7/25/2002RESOLUTION NO. R -02-07-25-14E1
WHEREAS, the City desires to purchase a 0.9608 acre tract of
land at the corner of Emmanuel Street and Wonder Drive for parkland,
and
WHEREAS, TXRR, LLC, 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 TXRR, LLC, for the
purchase of the above described property.
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 July, 2002.
ATTEST:
e(lr)
•
WELL, Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secret
::ODMA\WORLDOX\O:\WDOX\RESOLUTI\R20725E1.WPD/SC
y
DATE: July 19, 2002
SUBJECT: City Council Meeting — July 25, 2002
ITEM: 14.E.1. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with TXRR, LLC for the purchase of 0.9608 acres
out of the J.M. Harrell Survey located at the corner of Emmanuel
Street and Wonder Drive.
Resource: Sharon Prete, Parks and Recreation Director
History: PARD has been acquiring property along Brushy Creek, for the city wide trail
system, which is also part of the Brushy Creek Regional Trail System. This tract
is located to the west of the Bathing Beach Property that we purchased recently
and will be a welcomed addition to our area holdings, to include The Crossing
and Round Rock Memorial Park
Funding:
Cost:
Source of funds: Self Financed General Construction Funds
Outside Resources: N/A
Impact/Benefit: This property is zoned to accommodate 3.5- 4 duplex units. Acquisition of
this property will enhance the transition of the areas and will allow us ample
room to provide a needed trailhead at this location.
Public Comment: N/A
Sponsor: PARD
EXECUTED
DOCUMENT
FOLLOWS
0/ - aippogliAL
NOTICE TO PURCHASERS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AND MILAM
a
CASH / STAI
',ITER RECORDING RETURN TO:
ATTN: DLI G _
STEWART TI i`LE
P. O. BOX 1806
AUSTIN, TX 78767
-73
The real property, described below, which you are about to purchase is located within the Brushy Creek Water Control and
Improvement District No. 1A of Williamson and Milam Counties (the "District"
). The s taxing authority
separate from any other taxing authority and may, subject to voter approval, issue an unlimiteedi amicount of bonds and levy
an unlimited rate of tax in payment of such bonds. As of this date, the most recent rate on taxes levied by the District on
real property located in the District was $0.06 on each $100 of assessed valuation from 1957 through 1972 and has been
$0.00 on each $100 of assessed valuation thereafter. The total amount of bonds which has been approved by the voters and
which have been or may, at this date, be issued is $0.00, and the aggregate initial principal amount of all bonds issued for
one or more of the specified facilities of the District and payable in whole or in part from property taxes is $0.00. The
purpose of the District is to provide water, sewer, drainage and flood control facilities and services within the District
through the issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not
included in the purchase price of your property, and these utility facilities are owned or to be owned by the District. The
legal description of the property which you are acquiring is as follows:
0.9608 ACRE TRACT OUT OF THE J. M. HARRELL SURVEY
Z ABSTRACT NO. 284 IN WILLIAMSON COUNTY, TEXAS,
BEING THE SAME TRACT AS FENCED AND USED ON THE
C/) GROUND, DESCRIBED IN DOC. NO. 199970749 OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS.
etC
The District also has the authority to adopt and impose a standby fee on property in the District that has District -financed
water or sewer facilities and services available but not connected. The District may exercise the authority without holding
an election on the matter. As of this date, the most recent amount of the standby fee is $0.00. An unpaid standby fee is a
personal obligation of the person that owned the property at the time of imposition and is secured by a lien on the property.
Any person may request a certificate from the District stating the amount, if any, of unpaid standby fees on a tract of
property in the District.
September 13, 2002
TXRR, LLC, a Texas limited liability
company
BY:
JOHNj AVERY
PRES NT
"PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE
BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE
MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN
WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT
THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE
INFORMATION SHOWN ON THIS FORM."
IQ— oaID17-a (E
NOTICE TO PURCHASERS continued (GF 02 080411
The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding
contract for the purchase of the real property described in such notice or at closing of purchase of the real property.
September 13, 2002
CITY OF ROUND ROCK
BY:
STATE OF TEXAS §
COUNTY OF TRAVIS §
This instrument was acknowledged before me on the
JOHN S . AVERY Preside day of
President TXRR, LLC, a Texas limited
behalf of said company.
STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
4)-00 ;)--;by
lability company on
Notary Public, State of TEXAS
Commission Expiration
This instrument was acknowledged before me on the
day of
the of the City of Round Rock,
on behalf of said City.
SHARON KELLER
Notary public
STATE OF TEXAS
My Comm, Exp, 08.02.2004
Notary Public, State of
Commission Expiration
, by
THIS FORM IS PROVIDED AS A CONVENIENCE TO CLIENTS OF STEWART TITLE AUSTIN, INC.
ACCORDING TO SECTION 50.301 OF THE TEXAS WATER CODE, ANY SELLER OF PROPERTY LOCATED IN
A DISTRICT AS DEFINED WITHIN THE CODE, MUST GIVE WRITTEN NOTICE TO THE PURCHASER AS
PROVIDED FOR IN THE CODE. THE INFORMATION CONTAINED HEREIN IS THE MOST CURRENT OF
RECORD TO THE BEST OF STEWART TITLE AUSTIN, INC.'S KNOWLEDGE. THE SELLER IS ENCOURAGED
TO VERIFY THE ACCURACY OF THE INFORMATION BY CONTACTING THE DISTRICT PRIOR TO USING
THIS FORM.
SELLER'S INITIALS
SEP -12-2002, THU 12:45 PM STEWART TITLE EXECUTIVE
FAX NO, 5122389168 P. 06
NOTICE. TO PURCHASERS continued (GF 02080411 )
The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to exe.Ution of a binding,
'contract for the purchase of the real properly described in such notice or at closing of purchase of the real property,
September 13, 2002
CITY OF R t ROCK
BY;
STA Fi:.4, OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before ine on the _ day of
JOH S , AVERY , president, TXRR, I,GC, a Texas limited liability company on
behalf of said company.
fi
§
Notary Public, State of _ TEXAS
Commission Expiration
STATE OF TEXAS
COUNTY OF AMSON
'F1riti i�tstrument was acknowledged before me on the 13 'ay of
54-phart Lt5hthe _,�'.�+�
on bcli;alf of, said City.
by
ber , , DQ _.by
he City of Round Rock,
MciAnka
Notary Public, Stare of
Commission Expiration
THIS FORM IS PROVIDED AS A CONVENIENCE TO CLIE> SOLS LER ART O11t TI LE LOCATED, IC.
ACCORDING TO SECTION 50.301 OF THE TEXAS WATER CODE,
ANY IN
DISTRICT AS DEFINED WITHIN THE CODE, MUST GIVE WRI1TEN NOTICE TO THE PURCIASER AS
RRENT OF
PROVIDED I OR BESTN SDE. THE ART TITLLt AUSTIN INC S KNOWLEDGE,ATION CONTAINED N IS TI1F, MOST THE SELLERS ENCOURAGED
AGED
ItLCOi�I:)'CO THE OF STEW
ART
VERIFY THE ACCURACY OF THE INFORMATION BY CONTACTING THE DISTRICT PRIOR TC) USING
r Ti rn
11.1-
nFFICIAL PUBLIC RECORDS
k
ri4jeth-421,
3
09-17-200r-03;34 PM 2007071606.
MSTANLEY $15.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSnN COUNTY, TEXAS
4 P gs
or- Of I/sem
Date:
Grantor: TXRR, LLC, a Texas limited liability company
General Warranty Deed
2002
Grantor's Mailing Address:
TXRR, LLC
1508 S. Lamar Blvd.
Austin, Texas 78704
Travis County
Grantee: City of Round Rock, a Texas Home Rule City
Grantee's Mailing Address:
City of Round Rock
221 E. Main Street
CD Round Rock, Texas 78664
Williamson County
ett
J Consideration:
_.1
TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration.
Property (including any improvements):
0.9608 acres of land, more or less, out of the Jacob M. Harrell Survey, Abstract No.
284, in Williamson County, Texas, and being more fully described by metes and bounds in
Exhibit "A" attached hereto and made a part hereof.
Together with all of Grantor's right, title and interest, if any, in and to: (i) all
licenses, permits, certificates and intangible property of any nature whatsoever relating to
Grantor's use, development, maintenance, occupancy, ownership or operation of the Property,
including, without limitation, the water and wastewater and other utility yconnections,
if d
an
currently servicing the Property; (ii) all easements, tenements, hereditaments, privileges con td
appurtenances in any way belonging or pertaining to the Property; (iii) i )
encroachment onto land owned by others; (iv) all land to the midpoint of the bed of any
highway, street, road or avenue, open or proposed, in front of or abutting or adjoining the
Property; and (v) all land lying between any fences on the Property and the record boundary
line of the Property and all adjoining lands owned by others.
Reservations from Conveyance:
None
12_ va-0'-as-I4 41
August 21, 2002
1
0CASH / STAB
'2 AFTER RECORDING RETURN TO:
ATTN: POL• 1.4- 1
STEVVART TLE
P. 0. BOX 1806
AUSTIN, TX 78767
Exceptions to Conveyance and Warranty:
Validly existing easements, rights-of-way, and prescriptive rights, whether of record or not;
all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and
gas leases, mineral interests outstanding in persons other than Grantor, and other instruments, other
than conveyances of the surface fee estate, that affect the Property; any discrepancies, conflicts, or
shortages in area or boundary lines; rights of Brushy Creek Water Control and Improvement District
No. IA; and taxes for 2002, which Grantee assumes and agrees to pay, and subsequent assessments
for that and prior years due to change in land usage, ownership, or both, the payment of which
Grantee assumes.
This conveyance is made and accepted in its as -is condition, with no representation or
warranty, express or implied (other than the general warranty of title contained herein), as to the
condition of the Property or any improvements thereon.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together
with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold
it to Grantee and Grantee's successors, and assigns forever. Grantor binds Grantor and Grantor's
heirs and successors to warrant and forever defend all and singular the Property to Grantee and
Grantee's successors, and assigns against every person whomsoever lawfully claiming or to claim
the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty.
Grantor, for the same Consideration and subject to the Reservations from Conveyance and
the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee, without express
or implied warranty, the strips or gores, if any, between the Property and abutting properties and land
lying in or under any public thoroughfare, opened or proposed, abutting or adjacent to the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have and
to hold it to Grantee and Grantee's heirs, successors, and assigns forever. All warranties that might
arise by common law as well as the warranties in section 5.023 of the Texas Property Code (or its
successor) are excluded as to the property conveyed by this paragraph.
When the context requires, singular nouns and pronouns include the plural.
TXRR, LLC, a Texas limite liability company
4d4
John S. Avery, Its Presiden
STATE OF TEXAS
COUNTY OF TRAVIS )
This instrument was acknowledged before me on
President of TXRR, LLC, a Texas limited liabi)ity company.
, 2002, by John S. Avery,
August 21, 2002
CYNTHIA LIN HILL
1106 MUCSTATEOFTEXAS
COaUISS10R EXPIRES:
APRIL 10. 2006
NotaI' Public, State of Texts
2
CRICHTON AND ASSOCIATES
LAND SURVEYORS
107 NORTII LAMPASAS
ROUND ROCK, TEXAS 78664
512-244-3395
FIELD NOTES
FIELD NOTES FOR A 0.9608 ACRE TRACT OUT OF THE J.M.
IIARRELL SURVEY ABSTRACT NO. 284 IN WILLIAMSON COUNTY,
TEXAS BEING THE SAME TRACT AS FENCED AND USED ON THE
GROUND, DESCRIBED IN DOC. NO. 199970749 OFFICIAL RECORDS
OF WILLIAMSON COUNTY, TEXAS. SAID TRACT MORE
PARTICULARLY DESCRIBED 13Y METES AND BOUNDS AS
FOLLOWS.
Beginning at a 5/8" rebar found at the intersection of the South R.O.W. of Etnannuel Street and the East
R.O.W. of Wonder Drive for the Northwest corner of this tract and the POINT OF BEGINNING.
THENCE N 67° 14' 18" E at 3.3 feet passing a fence corner continuing ‘vith the fenced South R.O.W. of
Emannuel Street also being the North line of this tract a total distance of 222.74 feet to a fence corner for the
Northeast corner of this tract and from which a'' 'A" rebar found bears N 56° 03' 17" E, 19.46 feet.
THENCE S 24° 06' 46" E with the fenced East line of this tract also being the apparent West line of a 1.50
acre tract conveyed to I lamilton in Volume 324 Page 502 Deed Records of Williamson County, Texas 193.68feet to
a fence corner for the Southeast corner of this tract also being the apparent Northeast corner of a 0.50 acre tract
conveyed to Corona in Volume 495 Page 474 Deed Records of Williamson County, Texas.
THENCE S 70° 00' 00" W (bearing basis as scaled from tax appraisal map) with the fenced South line of
this tract also being the apparent North line of said 0.50 acre tract 222.29 feet to a fence corner on the East R.O.W.
of Wonder Drive for the Southwest corner of this tract also being the apparent Northwest corner of said 0.50 acre
tract and from which a 3/4" pipe found bears S 23° 03' 17" E, 96.90 feet.
THENCE N 24° 27' 19" W leaving said fence and with the East R.O.W. of Wonder Drive 182.99 feet to
the POINT OF BEGINNING and containing 0.9608 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 this the 11th day of lune, 2002
Richard Brock R.P.L.S. # 5288
L—Xh, b; f 11I
rT1 !'n
t.. L H
11-6U
OFFICIAL POUT RECORDS
kAktic.
09-17-200-0(i4 PM 2002071607
MSTANLEY $15.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON nOUNTY, TEXAS
08-23-021'02:56 ;CVD
John S. Avery
Attorney at Law
1508 S. Lamar Blvd.
Austin, Texas 78704
Telephone: 512-442-3869 Facsimile: 512-445-7064
Email: johnsaveryAmsn.com
Stephen L. Sheets
City Attorney
309 E. Main Street
Round Rock, Tx 78664
Dear Steve:
August 21, 2002
Re: Sale of 0.9608 acres in Williamson
County, Texas
Attached is the duly executed Real Estate Contract between TXRR, LLC (as Seller) and
the City of Round Rock (as Purchaser) for the purchase and sale of the above referenced
Property. Please have Mayor Maxwell sign and return a copy to me and Sharon Keller,
Commercial Loan Officer, Stewart Title of Austin, 336 South Congress Avenue, Suite 300,
Austin, Texas 78704, along with the Earnest Money check in the amount of $1,000.00.
By copy of this letter, I am requesting Ms. Keller prepare a Commitment for Title
Insurance on the Property and forward it to you at her earliest convenience. I will be ready to
close on or before September 13, 2002. We will use the existing survey and field notes for the
transaction.
I have taken the liberty of preparing a sample deed for your review and approval. Thanks
for your help in this transaction.
cc: Ms. Sharon Keller
Commercial Loan Officer
Stewart Title of Austin
336 South Congress Avenue, Suite 300
Austin, Texas 78704 Re: your prior GF No. 02050099
ery truly yours,
taw- aA'W.vd/
S. Avery
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS CONTRACT OF SALE ("Contract") is made by and between TXRR, LLC,
a Texas Limited Liability Company (referred to in this Contract as "Seller")
and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round
Rock, Williamson County, 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 of land situated in Williamson
County, Texas, being more particularly described as follows:
0.9608 acres of land, more or less, out of the Jacob M. Harrell
Survey, Abstract No. 284, in Williamson County, Texas, and being
more fully described by metes and bounds in Exhibit "A" attached
hereto and made a part hereof, including all of Seller's right,
title and interest, if any, in and to: (i) all licenses,
permits, certificates and intangible property of any nature
whatsoever relating to Seller's use, development, maintenance,
occupancy, ownership or operation of the Property, including,
without limitation, the water and wastewater and other utility
connections, if any, currently servicing the Property; (ii) all
easements, tenements, hereditaments, privileges and
appurtenances in any way belonging or pertaining to the
Property; (iii) all consents to encroachment onto land owned by
others; (iv) all land to the midpoint of the bed of any highway,
street, road or avenue, open or proposed, in front of or
abutting or adjoining the Property; and (v) all land lying
between any fences on the Property and the record boundary line
of the Property and all adjoining land owned by others,
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"), together with any improvements, fixtures, and personal property
situated on and attached to the Property, for the consideration and upon and
subject to the terms, provisions, and conditions set forth below.
P:\Avery\John\My Files\TXRR, LLC\Sale to City\Draft8-07-02(00032526) j].wpd/sls
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of Forty-
five Thousand and no/100 Dollars ($45,000.00).
Payment of Purchase Price
2.02. The Purchase Price shall be paid 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
transaction 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. Within ten (10) days after the date hereof, Seller, at Seller's
sole cost and expense, shall have caused Stewart Title Company, Austin,
Texas (the "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. Purchaser shall give
Seller written notice on or before the expiration of three (3) days after
Purchaser receives the Title Commitment that the condition of title as set
forth therein is or is not satisfactory, and in the event Purchaser states
that the condition is not satisfactory, Seller shall promptly undertake to
eliminate or modify all unacceptable matters to the reasonable satisfaction
of Purchaser. In the event Seller is unable to do so within ten (10) days
after receipt of written notice, Purchaser shall have the option to declare
this Contract to be null and void for all purposes and the Escrow Deposit
shall be forthwith returned by the Title Company to Purchaser. Purchaser's
failure to give Seller this written notice shall be deemed to be Purchaser's
acceptance of the Title Commitment.
Miscellaneous Conditions
3.05. 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.
2
ARTICLE IV
CLOSING
The closing shall be held at the Title Company, on or before September
13, 2002, or at such time, date, and place as Seller and Purchaser may agree
upon (which date is herein referred to as the "closing date").
Seller's Obligations
4.01. At the closing Seller shall:
(a) Deliver to Purchaser a duly executed and acknowledged General
Warranty Deed conveying good and marketable title in fee simple to all of
the Property, free and clear of any and all liens, encumbrances, conditions,
easements, assessments, and restrictions, except for the following:
(i) General real estate taxes for the year of closing and
subsequent years not yet due and payable;
(ii) Any exceptions approved by Purchaser pursuant to
Article III hereof; and
(iii) Any exceptions approved by Purchaser in writing.
(b) 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 fee
simple title to the Property subject only to those title
exceptions listed above, 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.
(c) Deliver to Purchaser possession of the Property.
Purchaser's Obligations
4.02 At the Closing, Purchaser shall pay the cash portion of the
purchase price.
Prorations
4.03 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.
3
Closing Costs
4.04 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 paid by Seller;
Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Seller;
Title curative matters, if any, paid by Seller;
Attorney's fees paid by each respectively.
ARTICLE V
REAL ESTATE COMMISSIONS
It is understood and agreed that there are no brokers involved in the
negotiation and consummation of this Contract.
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 One Thousand Dollars ($1,000), the Escrow Deposit, which
shall be paid by the title company to Seller in the event Purchaser breaches
this Contract as provided in Article VIII 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; (2) request that the Escrow Deposit
shall be forthwith returned by the title company to Purchaser; or (3) bring
suit for damages against Seller.
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 (1) bring suit for
damages against Purchaser; or (2) receive the Escrow Deposit from the title
4
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
Assignment of Contract
9.01. (a) This Contract may not be assigned without the express
written consent of Seller.
Survival of Covenants
(b) Any of the representations, warranties, covenants, and agreements
of the parties, as well as any rights and benefits of the parties,
pertaining to a period of time following the closing of the transactions
contemplated hereby shall survive the closing and shall not be merged
therein.
Notice
(c) 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
(d) 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
(e) 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
(f) 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
5
Contract shall be construed as if the invalid, illegal, or unenforceable
provision had never been contained herein.
Prior Agreements Superseded
(g) 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
(h) Time is of the essence in this Contract.
Gender
(i) 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
(j) Upon request of either party, both parties shall promptly execute
a memorandum of this Contract suitable for filing of record.
/
Dated this l —day of August, 2002.
SELLER:
TXRR, LLC
By:
Joh ir Avery, its
Pre- :ent
1508 S. Lamar Blvd.
Austin, Texas 78704
PURCHASER:
CITY OF 'OUND 'ei
TEXA
By. /��
Ny 4jt'-axwell, Mayor
40
221 E. Main Street
Round Rock, Texas
78664
CRICHTON AND ASSOCIATES
LAND SURVEYORS
107 NORTH LAMPASAS
ROUND ROCK, TEXAS 78664
512-244-3395
FIELD NOTES
FIELD NOTES FOR A 0.9608 ACRE TRACT OUT OF THE J.M.
IIARRELL SURVEY ABSTRACT NO. 284 IN WILLIAMSON COUNTY,
TEXAS BEING THE SAME TRACT AS FENCED AND USED ON TIIE
GROUND, DESCRIBED IN DOC. NO. 199970749 OFFICIAL RECORDS
OF WILLIAMSON COUNTY, TEXAS. SAID TRACT MORE
('ARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS.
Beginning at a 5/8" rebar found at the intersection of the South R.O.W. of Emannuel Street and the East
R.O.W. of Wonder Drive for the Northwest corner of this tract and the POINT OF BEGINNING.
THENCE N 67° 14' 18" E at 3.3 feet passing a fence corner continuing with the fenced South R.O.W. of
Einannuel Street also being the North line of this tract a total distance of 222.74 feet to a fence corner for the
Northeast corner of this Jract and from which a'' 'A" rebar found bears N 56° 03' 17" E, 19.46 feet.
THENCE S 24° 06' 46" E with the fenced East line of this tract also being the apparent West line of a 1.50
acre tract conveyed to I lamilton in Volume 324 Page 502 Deed Records of Williamson County, Texas 193.68feet to
a fence corner for the Southeast corner of this tract also being the apparent Northeast corner of a 0.50 acre tract
conveyed to Corona in Volume 495 Page 474 Deed Records of Williamson County, Texas.
TI IENCE S 70° 00' 00" W (bearing basis as scaled from tax appraisal map) with the fenced South line of
this tract also being the apparent North line of said 0.50 acre tract 222.29 feet to a fence corner on the East R.O.W.
of Wonder Drive for the Southwest corner of this tract also being the apparent Northwest corner of said 0.50 acre
tract and from which a 3/4" pipe found bears S 23' 03' 17" E, 96.90 feet.
THENCE N 24° 27' 19" W leaving said fence and with the East R.O.W. of Wonder Drive 182.99 feet to
the POINT OF BEGINNING and containing 0.9608 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 this the I I ih day of June, 2002
Richard Brock R.P.L.S. 11 5288
L x1-1; , ; f it
RICHARD BROCK
General Warranty Deed
Date: SEprOM0CRIp, 2002
Grantor: TXRR, LLC, a Texas limited liability company
Grantor's Mailing Address:
TXRR, LLC
1508 S. Lamar Blvd.
Austin, Texas 78704
Travis County
Grantee: City of Round Rock, a Texas Home Rule City
Grantee's Mailing Address:
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
Williamson County
Consideration:
TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration.
Property (including any improvements):
0.9608 acres of land, more or less, out of the Jacob M. Harrell Survey, Abstract No.
284, in Williamson County, Texas, and being more fully described by metes and bounds in
Exhibit "A" attached hereto and made a part hereof.
Together with all of Grantor's right, title and interest, if any, in and to: (i) all
licenses, permits, certificates and intangible property of any nature whatsoever relating to
Grantor's use, development, maintenance, occupancy, ownership or operation of the Property,
including, without limitation, the water and wastewater and other utility connections, if any,
currently servicing the Property; (ii) all easements, tenements, hereditaments, privileges and
appurtenances in any way belonging or pertaining to the Property; (iii) all consents to
encroachment onto land owned by others; (iv) all land to the midpoint of the bed of any
highway, street, road or avenue, open or proposed, in front of or abutting or adjoining the
Property; and (v) all land lying between any fences on the Property and the record boundary
line of the Property and all adjoining lands owned by others.
Reservations from Conveyance:
None
August 21, 2002 1
Exceptions to Conveyance and Warranty:
Validly existing easements, rights-of-way, and prescriptive rights, whether of record or not;
all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and
gas leases, mineral interests outstanding in persons other than Grantor, and other instruments, other
than conveyances of the surface fee estate, that affect the Property; any discrepancies, conflicts, or
shortages in area or boundary lines; rights of Brushy Creek Water Control and Improvement District
No. 1A; and taxes for 2002, which Grantee assumes and agrees to pay, and subsequent assessments
for that and prior years due to change in land usage, ownership, or both, the payment of which
Grantee assumes.
This conveyance is made and accepted in its as -is condition, with no representation or
warranty, express or implied (other than the general warranty of title contained herein), as to the
condition of the Property or any improvements thereon.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together
with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold
it to Grantee and Grantee's successors, and assigns forever. Grantor binds Grantor and Grantor's
heirs and successors to warrant and forever defend all and singular the Property to Grantee and
Grantee's successors, and assigns against every person whomsoever lawfully claiming or to claim
the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty.
Grantor, for the same Consideration and subject to the Reservations from Conveyance and
the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee, without express
or implied warranty, the strips or gores, if any, between the Property and abutting properties and land
lying in or under any public thoroughfare, opened or proposed, abutting or adjacent to the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have and
to hold it to Grantee and Grantee's heirs, successors, and assigns forever. All warranties that might
arise by common law as well as the warranties in section 5.023 of the Texas Property Code (or its
successor) are excluded as to the property conveyed by this paragraph.
When the context requires, singular nouns and pronouns include the plural.
TXRR, LLC, a Texas limited liability company
John S. Avery, Its President
STATE OF TEXAS
COUNTY OF TRAVIS )
This instrument was acknowledged before me on , 2002, by John S. Avery,
President of TXRR, LLC, a Texas limited liability company.
Notary Public, State of Texas
August 21, 2002 2