R-01-01-25-10C11 - 1/25/2001 RESOLUTION NO. R-01-01-25-10C11
WHEREAS, the City desires to purchase a 0 . 061 acre tract of land
for additional right-of-way for SH 45, and
WHEREAS, QRS11-29 (TX) , Inc . , 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 QRS11-29 (TX) , Inc. , for
the purchase 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 25th day of January, 2001 .
RO A. STLUKA, J Mayor
AT ST: City of Round Rock, Texas
JOGiNE LAND, City Secretary
K:\WPDOCS\RESOLUTI\R10125C.11/SC
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS CONTRACT OF SALE ("Contract") is made by and between QRS11-29
(TX) , Inc. a Texas corporation (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, that certain parcel of land containing
approximately 0 . 061 acres of land (2, 657 square feet) situated in
Williamson County, Texas, being more particularly described as follows :
Parcel #81 : 0. 061 acre tract, (2, 657 square feet) as more
particularly described in Exhibit A, attached hereto and
incorporated herein;
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.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2 . 01 . The purchase price for the Property shall be the sum of
Thirty-one Thousand, Eight Hundred Eighty-four and No/100 Dollars
($31, 884 . 00 . ) The purchase price is based on a price of $12 . 00 times the
number of square feet of the Property (2, 657 square feet . )
C:\WPDOCS\ACITY\SH 45\QRS11-29\K-1_11_01.wpd/sls
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 First American Title
Company (the "Title Company") of 2120 N. Mays, Suite 450, Round Rock,
Texas 78664, to issue an updated preliminary title report (the "Title
Commitment") . Purchaser shall give Seller written notice on or before
the expiration of three (3) days after Purchaser receives the updated
Title Commitment that the condition of title as set forth in the title
binder 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, this Contract shall
thereupon 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.
ARTICLE IV
CLOSING
The closing shall be held at the Title Company on or before February
9, 2001, 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,
2
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 Seller' s
sole expense, issued by the 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) As provided in paragraph 9. O1 below, Seller is delivering to
Purchaser possession of the Property as of the date of this Contract.
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. Purchaser will
bear the burden of paying any rollback taxes, if any, resulting from a
change of use of the Property.
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;
3
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
Seller will be solely responsible for all real estate brokerage
commissions due to any brokers representing the Seller.
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 the
Title Company, the sum of One Thousand Dollars ($1, 000. 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 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, as
its sole and exclusive remedy, either: (1) enforce specific performance
of this Contract; or (2) request that the Escrow Deposit shall be
forthwith returned by the Title Company to Purchaser.
ARTICLE VIII
BREACH BY PURCHASER
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 Company, the sum being agreed on as liquidated damages for the
failure of Purchaser to perform the duties, liabilities, and obligations
4
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
SPECIAL PROVISIONS
Possession and Use Agreement
9 . 01. For the consideration to be paid by the City which is set
forth in Paragraph 2 . 01 above, Grantor hereby grants, bargains, sells and
conveys to the City exclusive immediate possession and use of the
Property for the purpose of constructing a highway or turnpike project
and appurtenances thereto and the right to remove any improvements. The
foregoing grant will extend to the City, its contractors, assigns and/or
owners of any existing utilities on the Property and those which may be
lawfully permitted on the Property by the City in the future. This grant
will allow the construction, relocation, replacement, repair,
improvement, operation and maintenance of these utilities on the
Property, to begin immediately and prior to the closing date. The
purpose of this grant is to allow the City to proceed with its
construction project without delay.
Landscape Regulations
9. 02 . The City hereby agrees that the conveyance of the Property and
the associated reduction in landscaped area, if any, will not result in
a present violation of the City' s Landscape Ordinance, nor will said
conveyance result in a future violation if Grantor wishes to increase the
size of the existing building on the remaining property owned by Grantor.
ARTICLE X
MISCELLANEOUS
Assignment of Contract
10 . 01. (a) This Contract may not be assigned without the express
written consent of Seller. Regardless of the foregoing, Purchaser may
assign this Contract to the Round Rock Transportation Development
Corporation.
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
5
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
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
6
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.
Effective Date
(k) This Contract shall be effective as of the date it is approved
by the City Council, which date is indicated beneath the Mayor' s
signature below.
SELLER:
QRS11-29 (Tx. ) , Inc.
By:
its
Date:
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By:
Robert A. Stluka, Jr. , Mayor
221 E. Main Street
Round Rock, Texas 78664
Date:
7
EXHIBIT_ Page ( of 2 Pages
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Property Description for Parcel 81
Being a 0.061 of one acre tract (2,657 square feet) of land situated in the Jacob M. Harrell
Survey A-284, Williamson County, Texas and being a portion of Lot 1, TOWN AND
COUNTRY MALL SUBDIVISION, recorded in Cabinet L, Slide 57 of the Williamson County
Plat Records (W.C.P.R.) as conveyed by Woodmen of the World Life Insurance Society to
QRS11-29 (Tx), Inc., recorded in Volume 2427, Page 328 of the Official Records of Williamson
County, Texas (O.R.W.C.T.). Said 0.061 of one acre tract being more particularly described by
metes and bounds as follows with all bearings and coordinates based on the Texas State Plane
Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment
factor of 1.00012:
COMMENCING at a 1/2-inch iron rod found for the northwest corner of said Lot 1 and the
northeast corner of a called 14.625 acre tract of land conveyed to DDR DB Development
Ventures, LP, a Texas limited partnership, recorded in Document No. 9844186 O.R.W.C.T.;
THENCE, South 05°34'03" East (N 03°04'19" W) along the line common to said Lot 1 and said
14.625 acre tract, a distance of 819.17 feet to a Texas Department of Transportation (TxDOT)
brass disk in concrete set(X = 3,133,266.30, Y = 10,149,734.70) in the proposed northerly right-
of-way line of State Highway 45 at 212.04 feet left of and perpendicular to State Highway 45
Baseline Station 541+39.73 for the northwest corner and POINT OF BEGINNING of the
herein described tract;
1. THENCE, North 84°27'37" East, along the proposed northerly right-of-way line of State
Highway 45, a distance of 483.88 feet to a 1/2-inch iron rod with a TxDOT aluminum cap set
at 216.38 feet left of and perpendicular to State Highway 45 Baseline Station 546+23.59 for
the northeast corner of the herein described tract and in the northwesterly line of Lot 2, of
said TOWN AND COUNTRY MALL SUBDIVISION;
2. THENCE, South 53°15'53" West, along the line common to said Lot 1 and said Lot 2, a
distance of 10.69 feet to a point for the southwest corner of said Lot 2, the southeast corner of
the herein described tract and being in the north line of a called 7.1610 acre tract of land as
conveyed to the State of Texas (Parcel 2), recorded in Volume 1656, Page 810 O.R.W.C.T.;
3. THENCE, South 84°26'59" West (S 86°55'08" W), along the line common to said Lot 1, said
7.1610 acre tract of land as conveyed to the State of Texas (Parcel 2) and a 2.2540 acre tract
of land as conveyed to the State of Texas (Parcel 3), recorded in Volume 1656, Page 810
O.R.W.C.T, a distance of 474.73 feet to a 5/8-inch iron rod found for the southwest corner of
said Lot 1 and being an exterior corner of said 14.625 acre tract;
EXHIBIT
41765 8lparce 1 sldoc\PA R81.d oc
LXHIBIT A Page z of 2 Pages
4. THENCE, North 05°34'03" West (N 03°04'19" W), departing said 2.2540 acre tract of land
as conveyed to the State of Texas (Parcel 3) and along the line common to said 14.625 acre
tract and said Lot 1, a distance of 5.63 feet to the POINT OF BEGINNING and containing
a computed area of 0.061 of one acre (2,657 square feet)of land more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
Jay Dean Canine
Registered Professional Land Surveyor "'�` ••
Texas Registration Number 4345
SURVCON INC
5316 Highway 290, Suite 480
Austin,Texas 78735
(512) 899-8282
April 17, 2000
417658\parce1s\doc\PA R8 I.doc
PAR8ICLOSURE.TXT
Z: \417658\PARCELS\FINALS\CLOSURES\CLOSE-81 Job Description:
15: 32: 45 04/13/00 Page No
. . 1
-----------------------------------------------------------------------
Lot Z: \417658\PARCELS\FINALS\Closures\81 .clo
From PNT Bearing Distance Northing Easting To Pnt
1 N84027 ' 37"E 483. 88 0.000 0.000 2
2 S53015' 53"W 10. 69 46.712 481. 620 3
3 S84026' 59"W 474 . 73 40. 318 473.053 4
4 N05034103"W 5. 63 -5. 598 0. 549 5
Square Feet 2674 .7 Acres 0.061
Square Metres: 248 . 48 Hectares 0. 025
TOTAL Traverse Distance : 974 . 93
TOTAL Traverse Perimeter: 974 . 93
TOTAL Traverse Stations : 5
CLOSURE Direction : S22056'01"W
CLOSURE Distance 0.01
ERROR of Closure 1: 154671
Frontage: 974 . 930000.
Page 1
SURVEY LEGEND
+
- FOUND TXDOT BRASS DISK IN CONCRETE PROPOSED R.O.W.
JACOB M. HARRELL Ne4•x7'3j"E
❑ - .SET TXDOT BRASS DISK IN CONCRETE SURVEY, A-284 4 N84.27'37"E
Q - SET 1"2' IRON ROD W/TXOOT ALUM. CAP SFOUN IC FOUND 483.88'
- FOUND 112 IRON ROD UNLESS OTHERWISE NOTED 5.63'(NO3.04'19"W) 553'0.693"W
® - FOUND 4" x 4" CONCRETE MONUMENT 584.26'59"W
0 = CALCULATED POINT LOT 1 EXISTING R.O.W. 584•x. N
TOWN AND COUNTRY 474 '
'T373'
MALL SUB. DETAIL "B"
R = PROPERTY LINE P.O.C. PARCEL 81 CAB. L. SL. 57 DETAIL =A= LOT 2 N.T.S.
EL - BASELINE W.C.P.R. N.T.S. TOWN AND COUNTRY
CONVEYED TO MALL SUB.
- UTILITY POLE ORS11-29(TX),INC. CABW.C,PSR, 57 ACREAGE
CALLED 13.337 ACRES
TRACTS 1 AND 2 / DEDICATED TO \ SUMMARY
DOR 08 DEVELOPMENT VENTURES'. = 2427/328 \/\CITY OF ROUND ROCK JI (SO.FT.
LP. A TEXAS LIMITED'.PARTNE RS HIP a.; O.R.W.C.T. FOR RIGHT-OF-WAY
CALLED 14.625 ACRES .. PER PLAT ,` PROPERTY
DOC. ++9844186 .m^' AO WHOLE (570.026)
O.R.W.C.T;. .W//' -SEE
XP.=3.B. PARCEL 1 \ \ 10' ELECTi11C STA. 546+23.59
EASEMENT•10.149.734.70 \ \ 1030/837!-STA541+39.73 \ O.R.w.C:Y.. SEE DETAIL "B" ,y'S•�`'� ACOUERED (2.657)
1- PROPOSED R.O.W. 9LT. 212.04' ,.oSARE MINDER (567.369)
0ETAIL "A" \ 81 / ;;!" 5� LEFT
• (SB6'55"OBW. 474.92'1 \ \
N84.27'37"E. \ \ 483.88' SS
584.26'59"W... ZlEXISTING
4 --_.•99 (N85.40'26"E)
7(N85.40'26'E. 347.21') \FOUND 5•�" I.R. UTILI7.TY EASEMENT \BLIC \ R.O.W. 7.5 PUBLIC
\ CAIB.1 6.ESL.ME
5
CAB.W C.SL. 365 \ \ ;; W.C.P.R, o
LARTNEC INVESTMENT CO. \ c 8a e
REMAINDER OF
A CALLED 40.00 ACRE .-1 ! 101
824/572
STATE OF TEXAS W.C.DR. m?i ( N STATE OF TEXAS v
CALLED 2.2540 ACRES OND1 I N N CALLED 7.1610 ACRES 78
PARCEL 3 PARCEL 2
1656/810 I 40' ACCESS EASEMENT 1656/810
O.R.W.C.T. =Wi " Ws CALLED 0 255 ACRES O.R.W.C.T.
TRACT 3
o„�,I ;I on 2427/328 •.S
O.R.W.C.T.
n�
S.H.45 N 00
2I •1 NZ
—'-7-—-—-—-—-�—-—-— �_________ 1 ,1_� ___j___—_____-.—-—-—-—�-—
545+00 WHOLE PROPERTY
INSET
NOT TO SCALE
i
NOTES:
1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE S.H.4 5
COORDINATE SYSTEM. HAD 83. CENTRAL ZONE AND ADJUSTED TO PARCEL PLAT
SURFACE USING AN ADJUSTMENT FACTOR OF 1.00012. FOR PARCEL 81
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COUNTY: WILLIAMSON
COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE GRANTOR: ORS11-29(TX), INC.
EASEMENTS AND INFORMATION PERTAINING TO THIS TRACT.
RECORD INFORMATION SHOWN ON THIS PLAT IS BASED ON PUBLIC
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THIS TRACT.
SURVCON INC.
3. THIS PLAT
DESCRIPTIONS ACCOMPANIED BY A SEPARATE METES AND BOUNDS PROFESSIONAL SURVEYORS
4. THE BASELINE SHOWN HEREON IS PER A DESIGN SCHEMATIC FILE 5316 HWY. 290 WEST, SUITE 480
PROVIDED BY TURNER, COLLIE AND BRADEN. INC.
-��" AUSTIN. TEXAS 78701
5. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON TELEPHONE (512) 899-8282. FAX (512) 899-9390
COUNTY. TEXAS.
6. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS. EMAIL: oustln@survcon.com
7. W.C.D.R. INDICATES/W SO OU TY DEED RECORDS. SCALE: 1 " = 100' JOB #: 417-658
DATE: MAR 2000 F.B. #: HWY 45
DATE:
JAY DEAN CANINE DRAWN BY: TC CAD FILE: S45PAR-81
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO. 4345 CHECKED BY: WJM
01/19/2001 09:52 FAX 5122185563 CORR PUBLIC WORI{S CITY HALL 1&006 W
f~~ cp
G
� d
w Z
N r — --
�' m
a
10
a
� o
t0 �
`-1 f
f
✓ _'� BOG
p f /J Z
JAN-19-2001 013:05 5122165563 98% P.06
DATE: January 19, 2001
SUBJECT: City Council Meeting—January 25, 2001
ITEM: 10.C.11. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with QRSII-29 (TX),Inc.for right-of-way for the
SH 45 Frontage Road Project.
Resource: Jim Nuse, Public Works Director
Tom Word, Traffic Engineer
History: The City has the responsibility of acquiring the necessary right-of-way for the
SH-45 frontage road project.
Funding:
Cost: $31,884.00
Source of funds: Round Rock Transportation Development Corporation Sales Tax
Outside Resources: N/A
Impact: N/A
Benefit: Allow construction of the SH-45 frontage road project to begin.
Public Comment: N/A
Sponsor: N/A