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R-01-07-26-14C2 - 7/26/2001 RESOLUTION NO. R-01-07-26-14C2 WHEREAS, the City desires to purchase a 0 . 384 acre tract of land for right-of-way for the CR 113 Project, and WHEREAS, Alan and Julie Staub, the owners of the property, have agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Alan and Julie Staub, 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 26th day of Jul 1 . n RO RT A. STLUKA, J Mayor City of Round Rock, Texas ATST: /YUYc� J&INE LAND, City Secretary 0:\WPDOCS\RESOLUTI\R10726C2.WPD/sc REAL ESTATE CONTRACT STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT OF SALE ("Contract") is made by and between Alan Staub and wife, Julie Staub of 3602 County Road 113 Round Rock, Texas 78664, (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 1 . 01 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 . 384 acres of land situated in Williamson County, Texas, being 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 TWENTY FOUR THOUSAND TWO HUNDRED FIFTY and no/100 Dollars ($24, 250. 00 . ) Payment of Purchase Price 2 . 02 . The Purchase Price shall be paid in cash at the closing. 1 ::0D14P.AW0RLD0X\C:ATEXT\ROUNDR0CK\C0NDE14NATION\CR113\C0NVEYANCED0CU14ENTS\S TAUBEARNESTMONEYCONTRACTROW2.WPD/sIs ARTICLE III PURCHASER'S AND SELLER'S OBLIGATIONS Conditions to Purchaser's Obligations 3 . 01 . The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the consent of Seller's lender to release the Property from its lien and financing statement, and to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing) . Preliminary Title Commitment 3. 02. Purchaser, at Purchaser's sole cost and expense, has caused Austin Title Company (the "Title Company") of 101 E. Old Settlers Blvd. , Suite 100, Round Rock, Texas 78664, to issue a preliminary title report (the "Title Commitment") . Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives this contract following execution by Seller 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 may, but shall not be obligated, to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable, or unwilling 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 August 15, 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 indefeasible 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: 2 ::ODMA\WORLDOX\C:\TEXT\ROUNDROCK\CONDEMNATION\CR113\CONVEYANCEDOCUMENTS\S TAUBEARNES TMONEYCONTRACT ROW2.W PD/s is (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; Any exceptions approved by Purchaser pursuant to Article III hereof; and Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser'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) The aforesaid General Warranty Deed will include provisions that it is being delivered in lieu of condemnation. (d) As provided in paragraph 9. 01 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 relating to the Property and then due and payable, 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 Purchaser; 3 ::ODMA\WORLDOX\C:ATEXT\ROT NDROCKVCONDEMNATION\CR113\CONVEYANCE DOCUMENTS\STAOHEARNESTMONEYCONTRACTROW2.WPD/s1s 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 5 . 01 Seller will be solely responsible for all real estate brokerage commissions due to any brokers representing the Seller. ARTICLE VI ESCROW DEPOSIT 6. 01 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 Five Hundred Dollars ($500 . 00) , the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article 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 7 . 01 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, or the failure of any condition to Seller's obligations provided herein, 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 8 . 01 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) bring suit for specific performance, or (3) receive the Escrow Deposit from 4 ::ODMA\WOR.LDOX\C:ATEXT\ROUNDROCK\CONDEMNATION\CR113\CONVEYANCEDOCIII4ENT5AS TAI TPEARNESTMONEYCONTRACTROW2.WPD/sIs the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event . ARTICLE IX SPECIAL PROVISIONS Possession, Use and Right of Entry Agreement 9. 01 . For the consideration to be paid by the City which is set forth in Paragraph 2 . 01 above, Grantor, upon executing this contract by affixing his signature hereto, hereby grants, bargains, sells and conveys to the City exclusive and immediate possession, use and right of entry onto the Property for the purpose of constructing a roadway 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. Purchaser shall cause to be installed along the new right of way line along County Road 113, a temporary fence, sufficient to protect the property of Seller from all construction activities as well as to serve as a deterrent against the loss of Seller' s property or stock due to theft . 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 S ::ODMA\WORLDOX\C:ATEXT\ROUNDROCK\CONDEMNATION\CR113\CONVEYANCEDOCUMENTS\STAUBEARNESTMONEYCONTPACTROW2.WPD/sIs 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 ::ODMA\WORLDOX\C:\TEXT\ROIINDROCK\CONDEMNATION\CR113\CONVEYANCEDOCUMENTS\STAIJBEARNESTMONEYCONTRACTROW2.WPD/s1s 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, with the exception of Article IX shall be effective as of the date it is approved by the City Council, which date is indicated beneath the Mayor's signature below. Article IX shall be effective immediately upon the execution of this Contract by Seller. I represent that I have read and understood each of the terms and conditions of the foregoing document and by affixing my signature hereto agree to be bound thereby. SELLER: Crfi�" e J�� Alan L. Staub Date: I Z- 0 2001 Jul taub Date: © 'Z Z — 2001 PURCHASER: CIT F R UNDJOCKPTEXAS By. 'I A V1 Z011 14 VA 4n, rt A. Luka, Mayor 221 E. Main Street Round Rock, Texas 78664 Date: 7 ::ODMA\WORLDOXVC:ATEXT\ROUNDROCKVCONDEMNATION\CR113V CONVEYANCEDOCIJMENTSA STAUBEARNESTMONEYCONTRACTROW2.WPP/sI, FIELD NOTE DESCRIPTION:A 0.382 ACRE TRACT BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS,AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, AND BEING A PART OF THAT CERTAIN 0.65 ACRE TRACT,DESCRIBED AS TRACT H,AND CONVEYED TO THEODORE STAUB IN DOCUMENT NO. 9629245, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,TEXAS,AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found in the north right-of-way of County Road 1]3,known locally as Kiphen Road, for the southeast comer of said 0.65 acre tract, same being the southwest corner of that certain tract of land conveyed to MTV Investments Limited in Document No. 9608169, of the Official Records of Williamson County, Texas, for the southeast corner and POINT OF BEGINNING of the herein described tract; THENCE North 63°22'01"West,with the north line of said County Road 113,the south line of said 0.65 acre tract,a distance of 383.31 feet to a calculated point in the south line of that certain tract of land conveyed to Rockin' J Corporation, in Volume 1753, Page 835,of the Deed Records of Williamson County, Texas, for the west comer of said 0.65 acre tract,and for the northwest corner of this tract; THENCE departing the north line of said County Road 113, South 88°51'18"East,with the north line of said 0.65 acre tract,the south line of said Rockin' J Corporation tract,a distance of 18.24 feet passing the southeast comer of said Rockin' J Corporation tract, same being the southwest corner of that certain tract of land said to contain 3.00 acres, described as Tract 1, and conveyed to Theodore Staub in said Document No. 9629245, continue with the south line of said Tract I,the north line of said Tract H, in all a total distance of 56.73 feet to a calculated point in the arc of a curve, for the northeast corner of this tract; THENCE along said curve to the right a distance of 305.18 feet, having a radius of 1050.00 feet,a central angle of 16°39'11",a chord which bears South 7014'43"East, a chord distance of 304.11 feet to a calculated point in the east line of said 0.65 acre tract, the west line of said MTV Investments Limited tract,for the northeast corner of this tract; THENCE South 00014'46"West,with the west line of said MTV Investments tract,the east line of said 0.65 acre tract,a distance of 67.91 feet to the POINT OF BEGINNING. Containing 0.382 acres of land more or less. �)(�-coS C57_Pi 7? 2/ DI P'(o,OT�q (•'�. Randall S.Jones Date a Fa N Registered Professi 1 Land Surveyor No.4391 —••RANDALLAONES ••••• S State of Texas S.JONES <'q 4391 P Q RJ Surveying Inc. 9�0 FS s\,` �o 1212 E.Braker Lane Austin,Texas 78753 SALand Projects R216581docs\Staub II.doc Revised:February 21,2001 Page IofI I ROCKIN170RATION 53/83 ?�N81-01'33"E) SKETCH TO ACCOMPANY FIELD NOTES: I W.C.D.R. fa S88'51'18"E TRACT I oI 56,73' THEODORE B DOC. No.962924I (N81'01'33"E)(343.40') N88_51'18"W�__ W.C.O.R. S88'5118"E 343.60' o V— DEED LINE REMAINDER OF LEGEND: SCALE 1'=50' TRACT II C7 THEODORE STAUB W,C.O.R.=WILLIAMSON COUNTY OFFICIAL RECORDS _ DOC. No.9629245 W,C.D.R.=WILLIAMSON COUNTY DEED RECORDS C W.C.O.R. o O rn O W.C.P.R.=WILLIAMSON COUNTY PLAT RECORDS RECORD PER VOL. 2336, PG. 22 W.C.D.R. /V�22�� 0.382 Ac. • = IRON ROD FOUND ` _ \ 7777,33�b373e 3 w Q = CALCULATED POINT to he LJ 10 Ln inz .� �Q ,� m � MTV INVESTMENTS Q� o 0 1D DOC. No,9608169 ^ 0 W.C.O.R. CURVE TABLE --POINT OF BEGINNING IN FIELD NOTES CURVE LENGTH RADIUSITAGENT CHORD DIRECTION DELTA Ct 305.18' 11050.001153.67' 304.11' 1 S70'14'43"E 16'39'11" NOTE: NO EASEMENT RESEARCH WAS PERFORMED BY RJ SURVEYING INC. J DATE: SEPTEMBER 28, 2000 REVISED: FEBRUARY 21, 2001 A 0.382 ACRE TRACT OF LAND, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT No.173, AND RJ ENGINEERING BEING A 0.65 TRACOF LAND CONVEYED TOTHEODORE SRTAUOB INHAT DO UME TNNo.9629245T OF THE OFFICIAL SURVEYI IICIAL RECORDS OF SURVEYING INC. URVEYIG SNG WILLIAMSON COUNTY, TEXAS. S,\Land Projects R2\658\dwg\658rowBW.dwg 02/21/01 02112j32 PM CST 1212 BRAKER UTNE AUSTIN, TEXAS 78753 (512) 836-4793 FIELD NOTE DESCRIPTION:A 0.002 ACRE TRACT BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173,AND BEING A PART OF THAT CERTAIN 3.0 ACRE TRACT DESCRIBED AS TRACT I, AND CONVEYED TO THEODORE STAUB IN DOCUMENT NO. 9629245,OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point at the southwest corner of said 3.0 acre tract, the same being a point in the north line of that certain tract said to contain 0.65 acres, described as Tract II,conveyed to Theodore Staub in said Document No. 9629245, same being the southeast corner of that certain tract of land conveyed to Rockin'J Corporation, and recorded in Volume 1753,Page 835,of the Official Records of Williamson County, Texas, for the southwest comer and POINT OF BEGINNING of the herein described tract; THENCE North 00°22'22"East,with the west line of said Tract I,the east line of said Rockin' J Corporation tract, a distance of 6.26 feet to a calculated point in the arc of a curve; THENCE along the arc of said curve to the right a distance of 39.09 feet,having a radius of 1050.00 feet,a central angle of 02°07'58",a chord which bears South 79°38'17"East, a chord distance of 39.08 feet to a calculated point in the south line of said Tract I,the north line of said Tract II; THENCE North 88°51'18"West, with the north line of said Tract 11,the south line of said Tract I,a distance of 38.49 feet,to the POINT OF BEGINNING. Containing 0.002 acres of land more or less. S (fi• 2 Z!�{1 �EOF.rF Randall S.Jones Date �P�°`S'F, Registered Profession and Surveyor No.4391 ?. State of Texas ^NES RJ Surveying Inc. 1212 E.Braker Lane Austin,Texas 78753 OF rF e *► o N RANDALL S.JONES A 4391 ri Q 9i.;0.�Ess�� SUFt� S:\Land Projects R2\65&docs\Staub I.doc Revised:February 21,2001 Page I of 1 i E i t SKETCH TO ACCOMPANY FIELD NOTES: I LEGEND: W.C.O.R.=WILLIAMSON COUNTY OFFICIAL RECORDS W.C.D.R.=WILLIAMSON COUNTY DEED RECORDS ROCKIN'J CORPORATION I W.C.P.R.=WILLIAMSON COUNTY PLAT RECORDS SCALE 1"=50' 1753/835 REMAINDER OF ( ) RECORD PER VOL. 2336, PG. 22 W.C.D.R. W.C.O.R. TRACT I 0 = IRON ROD FOUND THEODORE STAUB DOC. No.9629245 D = CALCULATED POINT W.C.0.R. (N00'31'00"E) 10.002 Ac. N00'22'22"E 6.26' — — — _ oEEo UNE Cl — (N88'53'00"W) N88'51'18"W 437,17' — — — — — _ 29 LINE S88'51'18"E 325.18' — — \ I y POINT OF BEGINNING IN FIELD (325.02')ELO NOTES \ Co. R d_ 113 — "K i p h e n Road" (N8 53 00"W)\ THEOTRACT 11 DORE STAUB — — — — — — — --� 88'51'18"W \ DOC. No.9629245 \ \ 38.49' \ W.C.0.R. CURVE TABLE NOTE: CURVE LENGTH RADIUS ANGENTJ CHORD I DIRECTION I DELTA NO EASEMENT RESEARCH WAS PERFORMED Cl 1 39.09' 11050.001 19.55' 1 39.08' 1 S79'38'17"E 1 2'07'58" BY RJ SURVEYING INC. DATE: SEPTEMBER 28, 2000 A 0.002 ACRE TRACT OF LAND, SITUATED IN WILLIAMSON COUNTY, TEXAS, REVISED: FEBRUARY 21, 2001 AND BEING OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT No.173, AND BEING A PART OF THAT CERTAIN TRACT OF LAND CONVEYED TO THEODORE RJ ENGINEERING ,STAUB IN DOCUMENT No.9629245, OF THE OFFICIAL RECORDS OF PLANNING WILLIAMSON COUNTY, TEXAS. SURVEYING INC. Si�Lnnd Protects R2\658\dwg\658rowBW.dwg 02/21/01 111843 AM CST 1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836-4793 DATE: July 20, 2001, 2001 SUBJECT: City Council Meeting—July 26, 2001 ITEM: *14.C.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Alan and Julie Staub for right-of-way for the CR 113 Project. Resource: Steve Sheets, City Attorney Julie Wolff, Legal Assistant History: This contract with Mr. and Mrs. Staub is for right of way acquisition for the CR 113 project. On April 12, 2001, the City Council approved an ordinance determining the need and necessity for this acquisition. Funding: Cost: $24,250.00 Source of funds: Williamson County, Transportation System Development Corporation Sales Tax, Developers Outside Resources: Randall Jones Engineering, Sheets & Crossfield, P.C. Impact: N/A Benefit: Improved mobility on CR 113 and a new waterline. Public Comment: Several meetings with affected property owners. Sponsor: N/A