R-04-05-13-13D1 - 5/13/2004RESOLUTION NO. R -04-05-13-13D1
WHEREAS, the City desires to purchase a 0.1988 acre tract of
land for additional right-of-way for the A.W. Grimes Expansion Project,
and
WHEREAS, Sycamore Trail, Ltd. (Carlin -parcel 6), 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 Sycamore Trail, Ltd.,
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.
RESMNEI)this 13th day of May, 2004.
akiii/tiL)Je. ))/AJE/—
CHRISTINE R. MARTINEZ, City Secret
@PFDesktop\ ODMA/WORLDOX/O:NDOX/RESOLUTI/R40513D1 PD/sc
NY , Mayor
Cit f Round Rock, Texas
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between SYCAMORE
TRAIL, LTD., A TEXAS LIMITED PARTNERSHIP, (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:
.1988 acre, more or less, situated in the P.A. Holder Survey, Abstract No. 297,
Williamson County, Texas, being a portion of a called 4.83 acre tract of land as
described in the deed to David L. Carlin and wife, Mary C. Carlin as recorded in
Volume 1155, Page 286 of the Official Records of said county, more fully described
by metes and bounds in Exhibit "A", attached hereto and incorporated herein (A.W.
Grimes—Parcel 6).
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, 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 EIGHTEEN THOUSAND SIX
HUNDRED EIGHTEEN and 42/100 Dollars ($18,618.42).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the closing.
@PFDesktop\::0DMA/WORLDOX/0:/WDOX/CORR/TRANSPRT/GR/MES/PAR6CARLIN)CONTRACT/00066866.WPD/sls
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. Within twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and
expense, shall have caused the Austin 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, Seller shall promptly undertake to eliminate or modify all unacceptable
matters to the reasonable satisfaction of Purchaser, or 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 within thirty (30) days after receipt of notice, 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 VII. Purchaser's failure to give Seller this
notice shall not be deemed to be Purchaser's acceptance of the Title Commitment.
Survey
3.03. Within ten (10) days from the date hereof, Purchaser, at Purchaser's sole cost and
expense, shall cause to be delivered a current plat of survey of the Property, prepared by a duly
licensed Texas land surveyor. The survey shall be staked on the ground, and the plat shall show the
location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses,
fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall set forth the
number of total acres comprising the Property, together with a metes and bounds description thereof.
If any portion of the survey is unacceptable to Purchaser, then Purchaser shall give Seller
written notice of this fact. Seller shall promptly undertake to eliminate or modify all the unacceptable
portions 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 may terminate this Contract, and the Contract shall
thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the title
company to Purchaser, as provided in Article VII. Purchaser's failure to give Seller this written notice
shall not be deemed to be Purchaser's acceptance of the survey.
2
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;
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and
restrictions relating to the Property, or any part thereof;
(3) 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 office of Austin Title, Round Rock office, on or before
June 15, 2004, 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 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:
(a) General real estate taxes for the year of closing and subsequent years not yet
due and payable;
3
(b) Any exceptions approved by Purchaser pursuant to Article III 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:
(3)
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of Record;"
and
(c) The exception as to the lien for taxes shall be limited to the year of closing and
shall be endorsed "Not Yet Due and Payable."
Deliver to Purchaser possession of the Property, unless otherwise provided herein..
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 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:
(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.
4
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
ARTICLE VI
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations hereunder or
shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser
may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit shall
be forthwith returned by the title company to Purchaser.
ARTICLE VII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the conditions
to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default
and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit
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 VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed
to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party.
Texas Law to Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Williamson County,
Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
5
Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties respecting the within subject
matter.
Time of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
8.08. Upon request of either party, both parties shall promptly execute a memorandum of this
Contract suitable for filing of record.
Compliance
8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act,
Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or
Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own
selection.
Effective Date
8.10 This Contract shall be effective as of the date it is approved by the Round Rock City
Council, which date is indicated beneath the Mayor's signature below.
6
Possession and Use Agreement
8.11 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.
By:
By:
SELLER:
SYCAMORE TRAIL, LTD.
Texas Limited Partnership
./6
Its General Partner, ASHTON OAKS, L.L.C.
A Texas Corporation
L
ROBERT D. WUNSCH, PRESIDENT
PURCHASER:
CITY OF ROUND ROCK
By:
Nyle Maxwell, Mayor
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
7
0.1988 Acre Right -of -Way
(8660 Square Feet)
P.A. Holder Survey A-297
Williamson County, Texas
EXHIBIT
FN 2098R2 (MLQ)
April 1, 2003
SAM, Inc. Job No. 23103-20
DESCRIPTION OF A 0.1988 ACRE TRACT (8660 SQ. FT.) OF LAND LOCATED IN THE P.A. HOLDER
SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 4.83
ACRE TRACT OF LAND DESCRIBED IN THE DEED TO DAVID L. CARLIN AND WIFE, MARY C. CARLIN
AS RECORDED IN VOLUME 1155, PAGE 286 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY,
TEXAS, SAID 0.1988 ACRE TRACT (8660 SQ. FT.) OF LAND AS SHOWN ON THE ACCOMPANYING
RIGHT-OF-WAY SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
COMMENCING at a 1/2 -inch iron rod found for an angle point in a
acre tract of land described in the deed to Sycamore Trail, LTD. as
Official Public Records Williamson County, Texas and said 4.83 acre
THENCE with said common line, N 370 50' 50" E, a distance of
INC." plastic cap set for the POINT OF BEGINNING;
THENCE leaving said common line and crossing said 4.83 acre tract
common line of the remainder of a called 27.61
recorded in Document No. 2001007249 of the
tract;
157.61 feet to a 1/2 -inch iron rod with "SAM,
the following two (2) courses and distances:
1. N 25° 50' 49" W, a distance of 55.56 feet to a brass disk in concrete set for a point of curvature, and
2. with the arc of a curve to the right 119.75 feet through a central angle of 080 40' 59", having a radius of
790.20 feet, and whose chord bears N 21° 30' 19" W, a distance of 119.64 feet to a 1/2 -inch iron rod
with "SAM, INC." plastic cap set in the north line of said 4.83 acre tract, same being the south line of a
called 5.631 acre tract of land described in the deed to M&M Equities IV, Inc. as recorded in Document
No. 1999633931 of the Official Public Records Williamson County, Texas, from which a 1/2 -inch iron
rod found for a point of curvature in the south line of the Missouri Pacific Railroad Right -of -Way (a 100
foot wide ROW), as found monumented and occupied on the ground, bears, N 710 37' 47" W, a
distance of 3.83 feet to a calculated point, and S 530 39' 45" W, a distance of 405.16 feet;
THENCE with the common line of said 4.83 and 5.631 acre tracts, S 71° 37' 47" E, a distance of 126.18 feet to a
calculated point for the northeast corner of said 4.83 acre tract, same being the northwest corner of said 27.61 acre
tract;
Page 1 of 3
0.1988 Acre Right -of -Way
(8660 Square Feet)
P.A. Holder Survey A-297
Williamson County, Texas
FN 2098R2 (MLQ)
April 1, 2003
SAM, Inc. Job No. 23103-20
THENCE leaving said common line with the common line of said 4.83 and 27.61 acre tracts the following three (3)
courses and distances:
1. S 23° 41' 52" W, a distance of 113.97 to a 1/2 -inch iron rod found,
2. S 14° 49' 00" W, a distance of 15.11 feet (called S 17° 00' 30" W, a distance of 15.07 feet in Volume
1155, Page 286 of the Official Records Williamson County, Texas) to a 1/2 -inch iron rod found, and
3. S 370 50' 50" W, a distance of 3.27 feet to the POINT OF BEGINNING and containing 0.1988 acre
(8660 sq. ft.) of land, more or less.
Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted
to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc.
THE STATE OF TEXAS
COUNTY OF 'WILLIAMSON
KNOW ALL MEN BY THESE PRESENTS:
That I, Michael R. Hatcher, 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 on the ground during December 2001 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 2nd day of April 2003 A.D.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
Page 2 of 3
Mic ael R. Hatcher
Registered Professional Land Surveyor
No. 4259 - State of Texas
OF
iha iTtr
*
MOittELR HA t ;
i
4289 e'./.•"„
.ficaterie'
irepp•
Sulk
/BEARING BASIS: BEARINGS ARE ' =D ON THE TEXAS STATE PLANE COORDI, IE SYSTEM, NAD 83, CENTRAL
ZONE AND ADJUSTED TO SURFA— USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG
ANDERSON, RPLS, SURVCON, INC.
L1
N71 37'47"W
3.83'
L2
S37'50'50"W
3.27'
C1
A=0840'59"
R=790.20'
L=119.75'
T=59.99'
CB= N21'30'19"W
C=119.64'
1.9
tix9 41
\ 1,„ se-
,
V.):3
4e0
7•7
LEGEND
L1
Ade
CALLED 4.83 ACRES
DAVID L. CARLIN AND WIFE,
MARY C. CARLIN
VOLUME 1155, PAGE 286
O.R.W.C.TX.
A CALCULATED POINT
o BRASS DISK IN
CONCRETE SET
o 1/2" IRON ROD WITH
"SAM, INC." PLASTIC CAP SET
1/2" IRON ROD FOUND
(UNLESS NOTED)
OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
OFFICIAL RECORDS
KILLIAAASON COUNTY, TEXAS
P.0.8. POINT -OF -BEGINNING
P.O. C. POINT -OF -COMMENCING
RECORD INFORMATION
•
0.P.R.T.C. Tx.
O.R. T.C. Tx.
)
1
30 20 10 0
30
GRAPHIC SCALE
SCALE: 1" = 30 FEET
APRIL 2003
PA. HOLDER SURVEY
ABSTRACT NO. 297
WILLIAMSON COUNTY, TEXAS
CALLED 5.631 ACRES
M&M EQUITIES IV, INC.
DOC. NO. 1999633931
0.P.R.W.C. TX.
*4-
0.1988 ACRE
(8660 SQ. FT.)
RIGHT—OF—WAY
PARCEL
I CERTIFY THAT THIS SURVEY WAS MADE ON
THE GROUND AND UNDER MY DIRECTION AND
SUPERVISION AND THAT THIS PLAT IS TRUE A
CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF.
P . 0 . B
MICHAEL R. HAT E
REGI TERED PROFESSIONAL
LAND SURVEYOR
NO. 4259, STATE OF TEXAS
PROJECT; ARTERIAL A
JOB NUMBElb 23103-20
DATE: APRIL 1,2003
SURYETOIM
PARTY CHEF: MA
FIEL000011: MA
FIELDNOTE: Rama.?
TECHNICIAN: MLO
11420943112.0WG
SCALE: I -=317'
12 Z --/C23
DATE
SURVEYING • AERIAL NAPPING • ENGINEERING
5500 WEST HIGHWAY 290
MCA BUILDING 13
Atis-nr4 TEXAS, 76735
(512) 447-0575
FAX: (512) 326-3029
EMAIL: SAMOSAM I NCAUS. C
0).
S1449'001'W
L2 15.11'
(S17'00'30"W
15.07')
PAGE .3 OF 3
REFERENCE FIELDNOTE 2098R2
RIGHT-OF-WAY PLAT
SHOWING PROPERTY
OF
DAVID L. CARLIN AND
WIFE,
MARY C. CARLIN
DATE: May 7, 2004
SUBJECT: City Council Meeting - May 13, 2004
ITEM: *13.D.1. Consider a resolution authorizing the Mayor to execute a
Real Estate Contract with Sycamore Trail, Ltd. for the
purchase of right-of-way for the A.W. Grimes Expansion
Project.
Department:
Staff Person:
Justification:
Legal Department
Steve Sheets, City Attorney
Increased mobility in the northern part of Round Rock.
Funding:
Cost: $18,618.42
Source of Funds: TCIP
Outside Resources: Sheets & Crossfield, P.C.
Background Information: Increased mobility in the northern section of Round
Rock by building a six -lane curbed and guttered
through street.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS REAL ESTATE CONTRACT ("Contract") is made by and between SYCAMORE
TRAIL, LTD., A TEXAS LIMITED PARTNERSHIP, (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:
.1988 acre, more or less, situated in the P.A. Holder Survey, Abstract No. 297,
Williamson County, Texas, being a portion of a called 4.83 acre tract of land as
described in the deed to David L. Carlin and wife, Mary C. Carlin as recorded in
Volume 1155, Page 286 of the Official Records of said county, more fully described
by metes and bounds in Exhibit "A", attached hereto and incorporated herein (A.W.
Grimes—Parcel 6).
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, 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 EIGHTEEN THOUSAND SIX
HUNDRED EIGHTEEN and 42/100 Dollars ($18,618.42).
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the closing.
@PFDesktop\.:0DMA/WORLDOX/0:/ DOX/CORR/TRANSPRT/GRIMES/PAR6CARLINCONTRACT/00066866.WPD/sls
ie -04-05-)3-13/>1
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 o f 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 twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and
expense, shall have caused the Austin 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, Seller shall promptly undertake to eliminate or modify all unacceptable
matters to the reasonable satisfaction of Purchaser, or 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 within thirty (30) days after receipt of notice, 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 VII. Purchaser's failure to give Seller this
notice shall not be deemed to be Purchaser's acceptance of the Title Commitment.
Survey
3.03. Within ten (10) days from the date hereof, Purchaser, at Purchaser's sole cost and
expense, shall cause to be delivered a current plat of survey of the Property, prepared by a duly
licensed Texas land surveyor. The survey shall be staked on the ground, and the plat shall show the
location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses,
fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall set forth the
number of total acres comprising the Property, together with a metes and bounds description thereof.
If any portion of the survey is unacceptable to Purchaser, then Purchaser shall give Seller
written notice of this fact. Seller shall promptly undertake to eliminate or modify all the unacceptable
portions 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 may terminate this Contract, and the Contract shall
thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the title
company to Purchaser, as provided in Article VII. Purchaser's failure to give Seller this written notice
shall not be deemed to be Purchaser's acceptance of the survey.
2
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;
(2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and
restrictions relating to the Property, or any part thereof;
(3) 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 office of Austin Title, Round Rock office, on or before
June 15, 2004, 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 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:
(a) General real estate taxes for the year of closing and subsequent years not yet
due and payable;
3
(b) Any exceptions approved by Purchaser pursuant to Article III 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 ofTexas 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
(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, unless otherwise provided herein..
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 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:
(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.
4
(3) All other closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
ARTICLE VI
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations hereunder or
shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser
may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit shall
be forthwith returned by the title company to Purchaser.
ARTICLE VII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the conditions
to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default
and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit
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 VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed
to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party.
Texas Law to Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Williamson County,
Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
5
Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties respecting the within subject
matter.
Time of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
8.08. Upon request of either party, both parties shall promptly execute a memorandum of this
Contract suitable for filing of record.
Compliance
8.09 In accordance with the requirements of Section 20 of the Texas Real Estate License Act,
Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or
Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own
selection.
Effective Date
8.10 This Contract shall be effective as of the date it is approved by the Round Rock City
Council, which date is indicated beneath the Mayor's signature below.
6
Possession and Use Agreement
8.11 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.
By:
By:
SELLER:
SYCAMORE TRAIL, LTD.
Texas Limited Partnership
Its General Partner, ASHTON OAKS, L.L.C.
A Texas Corporation
ROBERT D. WUNSCH, PRESIDENT
PURCHASER:
CITY OF ROUND ROCK
a ay
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
Date:
7
0.1988 Acre Right -of -Way
(8660 Square Feet)
P.A. Holder Survey A-297
Williamson County, Texas
EXHIBIT
FN 2098R2 (MLQ)
April 1, 2003
SAM, Inc. Job No. 23103-20
DESCRIPTION OF A 0.1988 ACRE TRACT (8660 SQ. FT.) OF LAND LOCATED IN THE P.A. HOLDER
SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 4.83
ACRE TRACT OF LAND DESCRIBED IN THE DEED TO DAVID L. CARLIN AND WIFE, MARY C. CARLIN
AS RECORDED IN VOLUME 1155, PAGE 286 OF THE OFFICIAL RECORDS WILLIAMSON COUNTY,
TEXAS, SAID 0.1988 ACRE TRACT (8660 SQ. FT.) OF LAND AS SHOWN ON THE ACCOMPANYING
RIGHT-OF-WAY SKETCH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
COMMENCING at a 1/2 -inch iron rod found for an angle point in a common line of the remainder of a called 27.61
acre tract of land described in the deed to Sycamore Trail, LTD. as recorded in Document No. 2001007249 of the
Official Public Records Williamson County, Texas and said 4.83 acre tract;
THENCE with said common line, N 370 50' 50" E, a distance of 157.61 feet to a 1/2 -inch iron rod with "SAM,
INC." plastic cap set for the POINT OF BEGINNING;
THENCE leaving said common line and crossing said 4.83 acre tract the following two (2) courses and distances:
1. N 25° 50' 49" W, a distance of 55.56 feet to a brass disk in concrete set for a point of curvature, and
2. with the arc of a curve to the right 119.75 feet through a central angle of 080 40' 59", having a radius of
790.20 feet, and whose chord bears N 21° 30' 19" W, a distance of 119.64 feet to a 1/2 -inch iron rod
with "SAM, INC." plastic cap set in the north line of said 4.83 acre tract, same being the south line of a
called 5.631 acre tract of land described in the deed to M&M Equities IV, Inc. as recorded in Document
No. 1999633931 of the Official Public Records Williamson County, Texas, from which a 1/2 -inch iron
rod found for a point of curvature in the south line of the Missouri Pacific Railroad Right -of -Way (a 100
foot wide ROW), as found monumented and occupied on the ground, bears, N 710 37 47" W, a
distance of 3.83 feet to a calculated point, and S 53° 39' 45" W, a distance of 405.16 feet;
THENCE with the common line of said 4.83 and 5.631 acre tracts, S 71° 37' 47" E, a distance of 126.18 feet to a
calculated point for the northeast corner of said 4.83 acre tract, same being the northwest corner of said 27.61 acre
tract;
Page 1 of 3
0.1988 Acre Right -of -Way
(8660 Square Feet)
P.A. Holder Survey A-297
Williamson County, Texas
FN 2098R2 (MLQ)
April 1, 2003
SAM, Inc. Job No. 23103-20
THENCE leaving said common line with the common line of said 4.83 and 27.61 acre tracts the following three (3)
courses and distances:
1. S 23° 41' 52" W, a distance of 113.97 to a 1/2 -inch iron rod found,
2. S 14° 49' 00" W, a distance of 15.11 feet (called S 17° 00' 30" W, a distance of 15.07 feet in Volume
1155, Page 286 of the Official Records Williamson County, Texas) to a 1/2 -inch iron rod found, and
3. S 370 50' 50" W, a distance of 3.27 feet to the POINT OF BEGINNING and containing 0.1988 acre
(8660 sq. ft) of land, more or less.
Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted
to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL MEN BY THESE PRESENTS:
That I, Michael R. Hatcher, 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 on the ground during December 2001 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 2nd day of April 2003 A.D.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
Page 2 of 3
MicIae1 R. Hatcher
Registered Professional Land Surveyor
No. 4259 - State of Texas
OF
11=1„
*
asia' mr"..."81.42fig
4, * egto•"45''
470441
suit
•
BEARING BASIS: BEARINGS ARE 0 ON THE TEXAS STATE PLANE COORDI. st SYSTEM, NAD 83, CENTRAL
• ZONE AND ADJUSTED TO SURFA— USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG
ANDERSON, RPLS, SURVCON, INC.
L1
N 71'37'47"W
3.83'
L2
S3750'50"W
3.27'
A=08'40'59"
R=790.20'
L=119.75'
T=59.99'
CB= N21'30'19"W
C=119.64'
1•9
\
RI> • \c,` .'‘ •
•Sk1 C, 7
.:213, AP
t•t.‘,00
Ll
LEGEND
•4.
0.
CALLED 4.83 ACRES
DAVID L. CARLIN AND WIFE,
MARY C. CARLIN
VOLUME 1155, PAGE 286
O.R.W.C. TX.
• CALCULATED POINT
o BRASS DISK IN
CONCRETE SET
o 1/2" IRON ROD MTH
"SAM, INC." PLASTIC CAP SET
1/2" IRON ROD FOUND
(UNLESS NOTED)
OFFICIAL PUBLIC RECORDS
VVILLIAMSON COUNTY, TEXAS
OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
P.O.B. POINT -OF -BEGINNING
P.O.C. POINT -OF -COMMENCING
( ) RECORD INFORMATION
•
0.P.R.T.C.Tx.
0.R.T. C. Tx.
I CERTIFY THAT THIS SURVEY WAS MADE ON ‘)
THE GROUND AND UNDER MY DIRECTION AND
SUPERVISION AND THAT THIS PLAT IS TRUE A
CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF.
•0 ' i
MICH EL R. HAT E DATE DV/0 21,93
, - — —.TAMARA!
REGI TERED PROFESSIONAL
LAND SURVEYOR
NO. 4259, STATE OF TEXAS
PROJECT: ARTER1M. A
JOG NUMIDEIR 23103-20
30 20 10 0 30
INE
GRAPHIC SCALE
SCALE: 1" =30 FEET
APRIL 2003
P.A. HOLDER SURVEY
ABSTRACT NO. 297
WIT JIAMSON COUNTY, TEXAS
CALLED 5.631 ACRES
M&M EQUITIES IV, INC,
DOC. NO. 1999633931
0.P.R. W. C. TX.
ise
0.1988 ACRE
(8660 SQ. FT.)
RIGHT-OF-WAY
PARCEL
P.0.13
614'49'00"W
L2 15.11'
(S17'00.30"W
(.(4. 15.07')
0
•<,) •
0 ••
-40
•
P.O.C.
DATE: APRIL 1,2003
SURVEYOft INTH
PARTY MEI: NA
FIELOBOOK: NA
F1ELDNOTE: 114209842
TECHNICIAN: %ILO
FN2098R2.0WG
SCALE: 1.:30'
SA
SURVEYING • AERIAL NAPPING • ENGINEERING
•
5508 WEST HIGHWAY 290
BUILDING B
AusTR, TexAs. 78735
(512) 447-0575
FAA: (512) 326-3029
EMAIL: SAMBISAMINCAUS.COM
PAGE 3 OF 3
REFERENCE FIELDNOTE 2098R2
RIGHT—OF—WAY PLAT
SHOWING PROPERTY
OF
DAVID L. CARLIN AND
WIFE,
MARY C. CARLIN