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R-01-01-11-13F1 - 1/11/2001 RESOLUTION NO. R-01-01-11-13F1 WHEREAS, Warren W. Jones and wife, Vicki D. Jones desire to purchase from the City of Round Rock approximately 2, 201 square feet of land which is adjacent to property they currently own, and WHEREAS, the City of Round Rock desires to sell said property to the Jones' , 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 Warren W. Jones and wife, Vicki D. Jones for the sale of the above described property, a copy of said Real Estate Contract being attached hereto 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, and the Act . RESOLVED this 11th day of Jan 2001 . R RT A. STLUKA, UR. , Mayor A ST: City of Round Rock, Texas JdANNE LAND, City Secretary K:\WPDOCS\RESOLUTI\R10111F1.WPD/SC f McCluskey & Associates, Inc. ' 13625 Pond Springs Road, Suite 108 Austin, Texas 78729 (512) 3314822 Fax: (512) 331-6782 December 14, 1999 Vicki Jones 3819 Bent Brook Drive Round Rock, Texas 78664 RE: The appraisal of 2,201 square feet of land located behind the lot located at 3819 Bent Brook Drive, Round Rock, Williamson County, Texas 78664. Dear Ms. Jones: At the request of the client, Patrick McCluskey, MAI, has inspected and appraised the subject property which contains 2,201 square feet of land located behind the lot at 3819 Bent Brook Drive, Round Rock, Williamson County, Texas 78664. Predicated on the data and analysis contained within this report, the estimated market value of the fee simple interest of the subject property as of December 14, 1999, is in the amount of: THREE THOUSAND SEVEN HUNDRED EIGHT-FIVE DOLLARS ($3,785) Please refer to the following report for the appraiser's rationale in arriving at the above opinion. Respectfully submitted, McCluskey &Associates Inc. 96iA Yn t Patrick McCluskey, MAI State Certified General Real Estate Appraiser No. TX-1320170-G Real Estate Appraisers and Consultants REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT OF SALE("Contract")is made by and between the City of Round Rock, Texas home rule city, of 221 E. Main St., Round Rock, Williamson County, Texas (referred to in this Contract as "Seller") and WARREN W. JONES and wife, VICKI D. JONES, of 3819 Bent Brook Drive,Round Rock,Texas 78664,(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: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES; together with all and singular the rights and appurtenances pertaining to the property,(all of such real property, rights, and appurtenances being referred to in this Contract as 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 THREE THOUSAND SEVEN HUNDRED EIGHTY-FIVE AND N0/100 DOLLARS ($3,785.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. It shall be a condition to Purchaser's performance of its obligations hereunder that Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this agreement to be performed,observed,and complied with by Seller prior to or as of the closing. REAL ESTATE CONTRACT-PAGE 1 ARTICLE IV CLOSING The closing shall be held at the office of MCNERY&VOELKER,P.C., 101 E. Old Settlers Blvd., Suite 200B,Round Rock,Texas 78664,on or before thirty (30)days from date hereof, or at such time,date,and place as Seller and Purchaser may agree upon(which date is herein referred to as the"closing date"). (1) At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, 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. The aforesaid Special Warranty Deed shall contain the following paragraph: GRANTOR HAS EXECUTED AND DELIVERED THIS SPECIAL WARRANTY DEED AND HAS CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND ACCEPTED THIS SPECIAL WARRANTY DEED AND HAS PURCHASED THE PROPERTY "AS IS", "WHERE IS", AND "WITH ALL FAULTS" AND WITHOUT REPRESENTATIONS OR WARRANTIES WHATSOEVER,EXPRESS OR IMPLIED,WRITTEN OR ORAL(EXCEPT FOR THE WARRANTY OF TITLE EXPRESSLY SET FORTH HEREIN.) WITHOUT LIMITATION ON THE FOREGOING,GRANTEE,BY ACCEPTANCE OF THIS DEED ACKNOWLEDGES THAT(EXCEPT FOR THE WARRANTY OF TITLE EXPRESSLY SET FORTH HEREIN)GRANTOR HAS NOT MADE,DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST,PRESENT OR FUTURE,OF,AS TO,CONCERNING OR WITH RESPECT TO THE PROPERTY OR THE CONDITION OF THE PROPERTY. GRANTEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED TO GRANTEE BY GRANTOR WITH RESPECT TO THE PROPERTY HAS NOT BE INDEPENDENTLY INVESTIGATED OR VERIFIED BY GRANTOR; THAT GRANTOR IS MAKING NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION;AND THAT GRANTOR IS NOT, AND SHALL NOT BE, LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS, REPORTS, SURVEYS OR OTHER INFORMATION OF ANY KIND OR NATURE PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF, REAL ESTATE CONTRACT-PAGE 2 FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT, OR OTHER PERSON. GRANTOR AND GRANTEE EXPRESSLY CONFIRM AND AGREE THAT THE PURCHASE PRICE PAID BY GRANTEE AND TO GRANTOR FOR THE PROPERTY HAS BEEN ADJUSTED AND AGREED UPON BY GRANTEE AND GRANTOR IN PART AS A RESULT OF GRANTEE'S AGREEING TO PURCHASE THE PROPERTY IN ITS CURRENT CONDITION,AND SUBJECT TO THE DISCLAIMER OF REPRESENTATIONS, AND WARRANTIES SET FORTH HEREIN. (b) Deliver to Purchaser possession of the property. (2) At the Closing, Purchaser shall pay the cash portion of the purchase price. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid by Purchaser. ARTICLE V REAL ESTATE COMMISSIONS It is understood and agreed that there are no brokers involved in the negotiation and consummation of this Contract. Any real estate commission due shall be the sole responsibility of Purchaser. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this agreement, Purchaser has delivered to BROWN,MCCARROLL, SHEETS & CROSSFIELD, LLP,the sum of FIVE HUNDRED AND NO/100 DOLLARS($500.00),the Escrow Deposit,which shall be paid by BROWN,MCCARROLL, SHEETS&CROSSFIELD,LLP,to Seller in the event Purchaser breaches this agreement 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 BROWN,MCCARROLL, SHEETS & CROSSFIELD, LLP, 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 request that the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property,the conditions REAL ESTATE CONTRACT-PAGE 3 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 agreement, and Seller agrees to accept and take this cash payment as its total damages and relief as Seller's sole remedy hereunder in such event. ARTICLE IX MISCELLANEOUS 9.01. Assignment of Contract. (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 parry. 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 Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. REAL ESTATE CONTRACT-PAGE 4 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. Compliance (j) In accordance with the requirements of Section 20 of the Texas Real Estate License Act,Purchaser is hereby advised that he 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. Dated this l day of J mkuo l/ I SELLER CITY OF ROUND ROCK, TEXAS BY: 4 RO T A. STLUKA, R. , MAYOR 221 E. Main St. Round Rock, Texas 78664 —RURCHASER WARREN W. O�iE VICKI D. JONES Address: `3819 Bent Brook Drive Round Rock, Texas 78664 REAL ESTATE CONTRACT-PAGE 5 RECEIPT Receipt of$500.00 earnest Money is acknowledged. Date: January 3 , 2000. BROWN, MCCARROLL, SHEETS & CROSSFIELD, LLP BY: (Im Name: harl 'Crossfield Title: Assistant City Attorney FAd\cityrt.contract REAL ESTATE CONTRACT—PAGE 6 CRICHTON AND ASSOCIATES LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK,TEXAS 78664 512-244-3395 FIELD NOTES FIELD NOTES FOR A 0.0505 ACRE(2,201 SQ. FT.)TRACT BEING A PORTION OF A 0.1192 ACRE TRACT CONVEYED TO THE CITY OF ROUND ROCK IN VOLUME 2675 PAGE 35 OFFICIAL RECORDS OF WILLIAMSON COUNTY,TEXAS SAID TRACT MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. Beginning at a 1/2"rebar found on the West line of said 0.1192 acre tract and at the Southeast corner of Lot 20 also being the Northeast corner of Lot 19 both of Forest Creek Phase Three a subdivision recorded in Cabinet M Slide 32 Plat Records of Williamson County,Texas. THENCE N 19° 51'43"E with the East line of said Lot 20 also being the West line of said 0.1192 acre tract and this tract 74.02 feet to a 1/2"rebar found at the most Easterly corner of said Lot 20 and the most Northerly corner of said 0.1192 acre tract and this tract. THENCE with the North and East lines of said 0.1192 acre tract and this tract the following two(2) courses. 1) S 19° 08'20"E,67.19 feet to a P.K.nail found on top of a rock column for the Northeast corner of this tract and said 0.1192 acre tract. 2) S 19° 48'36"W,30.07 feet to a 1/2"rebar found for the Southeast comer of this tract THENCE N 590 04'42"W through the interior of said 0.1192 acre tract 43.11 feet to the POINT OF BEGINNING and containing 0.0505 acres(2,201 sq.Ft.)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 25th day of July,2000 Richard Brock RP.L.S.#5288 F•. F R15 UARD BRQCK� 9 5288 r�Q �2•.0FEs s O SUF�� EXHIBIT "A" DATE: January 3, 2001 SUBJECT: City Council Meeting—January 11, 2001 ITEM: 13.F.1. Consider a resolution authorizing the Mayor to enter into an agreement granting the City to sell 2,201 square feet of land to Warren W. and Vicki D. Jones. Resource: Sharon Prete, Parks and Recreation Director/Charlie Crossfield, City Attorney History: The Jones' inadvertently built a portion of their pool on the Forest Creek Golf Course property. Funding: Cost: N/A Source of funds: N/A Outside Resources: McCluskey and Associates Inc. performed the appraisal. Impact: The sale of this property does not adversely affect the golf course. Benefit: It rectifies a mistake by legally transferring ownership of the property. Public Comment: N/A Sponsor: PARD/Legal NOTE: The City will receive $3,785 as compensation for the land.