R-01-08-09-13D4 - 8/9/2001 RESOLUTION NO. R-01-08-09-13D4
WHEREAS, the City desires to purchase a 0 . 040 acre tract of land
for additional right-of-way for the SH 45 Roadway Project, and
WHEREAS, Merit Round Rock Properties Limited Partnership, 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 Merit Round Rock
Properties Limited Partnership, 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 9th day of Aug4RT4bASTLUKA,,.
01 .
46R. , Mayor
ATTEST: City of Round Rock, Texas
(14 All Lmd'
J&NE LAND, City Secretary
::ODMA\WORLDOX\O:\WDOX\RESOLUTI\00008636.WPD/sC
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS CONTRACT OF SALE ("Contract") is made by and between Merit
Round Rock Properties Limited Partnership, a Texas limited partnership
(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 . 040 acres of land (1, 722 square feet) situated in
Williamson County, Texas, being more particularly described as follows :
Parcel # 150 : 0 . 040 acre tract, (1, 722 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 Seven
Thousand, Four Hundred Seventy-four and No/100 Dollars ($7, 474 . 00 . )
Payment of Purchase Price
2 . 02 . The Purchase Price shall be paid in cash at the closing.
ARTICLE III
PURCHASER' S AND SELLER' S OBLIGATIONS
Conditions to Purchaser' s Obligations
C:\ClientDoc=ents\Merit\Roundrock\RoadTaking\contractfinal.wpd/sls 1
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) .
Conditions to Seller' s Obligations
3 . 02 . The obligations of Seller 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.
Preliminary Title Commitment
3 . 03 . Within ten (10) days after the date hereof, Purchaser, 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 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 Special
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:
(i) General real estate taxes for the year of closing
and subsequent years not yet due and payable;
2
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 Special Warranty Deed will include provisions
that (1) it is being delivered in lieu of condemnation and (2)
Seller has made no representations or warranties concerning
the Property and that Purchaser is purchasing the Property AS
IS .
(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 Seller;
Filing fees for deed paid by Purchaser;
Filing fees for release (s) paid by Purchaser;
Title curative matters, if any, paid by Purchaser;
Attorney' s fees paid by each respectively.
3
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, 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
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 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
4
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.
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
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,
5
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
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:
Meritand Rock Properties Limited
Partnersh
By: MTP, c , s e ral Partner
By i ' —
Da ' d `7. R7oelke, CFO
Dat
6
PURCHASER:
CITY OUND R09K, TEXAS
By( 45;�... �-)dtx- �- - L.
Rl5bert A. Stluka, QJr. , Mayor
221 E. Main Street
Round Rock, Texas 78664
Date : y1
7
Page 1 of 3
April 18,2000
EXHIBIT A
County: Williamson
Parcel No.: 150
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CSJ:
FIELD NOTE DESCRIPTION FOR PARCEL 150
DESCRIPTION OF A 0.040 ACRE (1,722 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA
THOMAS SURVEY ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS,BEING A PORTION OF LOT
1, BLOCK A OF THE FINAL PLAT OF "THE HOMESTEAD" (HOMESTEAD), A SUBDIVISION OF RECORD
IN CABINET P, SLIDE 89 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING THAT
SAME TRACT OF LAND CONVEYED IN THE SPECIAL WARRANTY DEED TO MERIT ROUND ROCK
PROPERTIES, L.P., AS RECORDED IN DOCUMENT NO. 9749312 OF THE OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS, SAID 0.040 ACRE (1,722 SQUARE FEET) TRACT, AS SHOWN ON A
RIGHT-OF-WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod with a Texas Department of Transportation(TxDOT) aluminum cap set 218.14
feet left of Survey Baseline Station 623+51.26 for the northwest comer of the tract described herein,also being in the
proposed north right-of-way(ROW)line of State Highway 45 (S.H.45), and being in the east line of Lot 1,Block A,
Final Plat of Stonehaven (Stonehaven), a subdivision of record in Cabinet R, Slide 156 of the Plat Records of
Williamson County,Texas,being that same tract of land conveyed in the deed to 2300 MacArthur, LTD., as recorded
in Document No. 199953439 of the Official Public Records Williamson County,Texas, also being in the west line of
said Homestead tract,from which a 1/2-inch iron rod found bears N 00°26'06"E,a distance 345.62 feet;
THENCE leaving said common line and crossing said Homestead Tract with the north proposed right-of-way(ROW)
line of State Highway 45 the following three(3)courses and distances numbered 1,2,and 3;
1) with the arc of a curve to the right a distance of 15.93 feet through a central angle of 00° 09' 28",having a
radius of 5788.00 feet, and whose chord bears N 75°04'33"E, a distance of 15.93 feet to a TxDOT Type II
concrete monument set for a Point of Reverse Curvature,being 216.91 feet left of Survey Baseline Station
623+67.14;
2) with the arc of a curve to the left a distance of 446.09 feet through a central angle of 041 28' 34", having a
radius of 5710.00, and whose chord bears N 72° 54' 59" E, a distance of 445.98 feet to a TxDOT Type II
concrete monument set,being 199.50 feet left of Survey Baseline Station 628+12.78 for a Point of Tangency,
and
3) N 70°40'42" E, a distance of 30.55 feet to a TxDOT Type II concrete monument set in the east line of Lot
1,Block A of said Homestead Tract, same being the northwest comer of Lot 4,Block A George Subdivision,
a subdivision as recorded in Cabinet O, Slide 228 of the Plat Records of Williamson County, Texas as
conveyed in the deed to J17 Fortune, L.P., as recorded in Document No. 9725716 of the Official Records
Williamson County, Texas, being 199.50 feet left of Survey Baseline Station 628+43.33; also being the
northwest corner of the tract described herein;
EXHIBIT
FN17ss
20081-20
Page 2 of 3
April 18,2000
4) THENCE with said common line S 00°07'35"W, a distance of 10.24 feet to a calculated point in the north
ROW line of S.H. 45, conveyed to the State of Texas as recorded in Volume 1544, Page 20 of the Official
Records Williamson County,Texas, from which a 5/8-inch iron rod found bears S 00°07'35"W,a distance
of 148.65 feet;
5) THENCE leaving said common line and with the north ROW line of said S.H. 45 same being the south line
of said Homestead Tract S 73°30'05"W, a distance of 490.74 feet to a 1/2-inch iron rod found for the south
common corner of said Stonehaven Tract and said Homestead Tract, same being the southeast corner of the
tract described herein;
6) THENCE leaving said common line and with the east line of said Stonehaven Tract, same being the west
line of said Homestead Tract N 00° 26' 06" E, a distance of 4.38 feet to the POINT OF BEGINNING and
containing 0.040 acre(1,722 square feet)of land,more or less.
BEARING BASIS: Texas State Plane Coordinate System,Central Zone,NAD 83.
THE STATE OF TEXAS I
# KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS I
That I, John E Brautigam, 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 April 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin,Travis County,Texas this the 19th day of April,2000.
SURVEYING AND MAPPING,Inc. ,
4029 Capital Of Texas Hwy.,So.Suite 125 JoE Brauti
Austin,Texas 78704 R istered Pr ssional Land Surveyor
N 5057-S,a e of Texas
OF
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Q� F�•�
JOHN E BRAUTIGAM
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:4 5057
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FN1758
20081-20
WILLIAMSON COUNTY, TEXAS -----�-- t---
SCALE P.O.R./ AA,A THOMAS SURVEY A- 609 ,
/•'-100•
ff
VE I7 SOUND FLOCK PR PeRTIES, L.P.
N OCU .ENTWNo.T9 49312
t5.Y u E.
P` ,0 t X, FINAL PLA�tF •TME HOMESTEAD: t (y-. /�
V� tE�.^' T f(�.'-` .,1 CABINET R. SI IDE 156 }__ �/`�V� vI.
/ \ N I /`Y ..
O��O ` [/ �AIL
'/ P.U.E. rT 1BLR A PIAT OF •THE NUESTEADCABINET R. SLIDE 156P.R.W.C.T.+ PL T E HOMESTEAD" �
�,�P�� ` z G INET `P, SLI $9 P.RX C.TX.
Q �� ,gyp• ;' ?. vi °',; 'q?ci
15 P .E\ SAfT O'S c,� OSI
-"FINAL PLAT
'TN E H STEAD' / S,1 S44• �/� ^ O p
011ET R.SLI 156 j '.S. (n (�P {{{'''���43 , 25P.U.E. J , O�apc
VO
' " II OF "THE HOMESTEAD" dx O\ �^O
G J T CABINET R. SLIDE 156
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`Lt
O 150, 629+12.78
33
0.040.'ACRE 199.50'LT 6 9.50' T
' rl 6 •67.14 - (1722 199.50'LTLOT 1
PROPOSED t, s.9r LT - ------------------�:-f
�, •-- --------------- - - _ -; S
- - -----
F T-),%
;= S73°30'05"W 490.74' EXISTING R.O.W. LINE '._ 'DETAIL B
?•- EN75.52'28"E 492.18'7
RETAIL A
3
STATE OF.-TEXAS 2 = LOT 4
1.620 ACRS 40
Cl C2 VOL. 1544, PG. 20oCO
0-04°28'34" 0
00°09' 8" 0•R.W.C_Tx. W o
R-5710.00' -5788.0 '
L-446.09' :_. -15..93'
T-233.16' STATE HIGHWAY 45
CB-N72°54'59"E °
C-445.98' Bl 9 0 33'E LOUIS HENNA BLVD. -
' (VARIABLE WIDTH R.O.W.)
i IS
_._—.. ------ ----- ----- — - -—-- ----------- ---i
�� 6 IVa 1N._ IN
----___._--.----_-..i APP XIhr1 E-iOGATIBfiV-O ...SLLRVEY_.LINE
_......... ___........._..._._....__—._._.__._.7V--..ZO--4CJ"4"3 DETIUL C
SURVEY BASELINE --
_._.-+------------------------
------------
62S ---
----(-----------------
} - 7 p -
- -
-__._....-_ .. .......................
623.51.26 �� °
218.14,LTN
N-10151639.56742 i N70°40'42"E
E-3141173.56224 // I
_-V '1 30.55'
IN00°26'06"E--,r°��i X00°07'35"W
MEMUCA N HUNT SURVEY A- 314 4.38' 10.24'
NOTES: ,
"'
BEARINGS AND COORDINATES ARE BASED ON THEDETAIL C -------- 1------------
---------___
TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, I LEGEND
CENTRAL ZONE AND ADJUSTED TO SURFACE USING ■
A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS P.O.R. TYPE
PROVIDED BY DOUG ANDERSON,RPLS, SURVCON,INC. 5/E IRF S O TYPE NI CONCRETE MONUMENT FOUND
CONCRETE MONUMENT FOUND
63° IB TYPE ACONCRETE MONUMENT SET
• Y'PIPE FOUND UNLESS NOTED
IMPROVEMENTS SHOWN HEREON ARE BASED UPON SA O %z"IRON ROD SET W/ TXDOT CAP UNLESS NOTED
TXDOT AERIAL SURVEY DIGITAL FILES. THERE MAY BE 9S.�'6 • 1/z'IRON ROD FOUND UNLESS NOTED
ADDITIONAL UNDERGROUND,OR OTHER, IMPROVEMENTS F A 60 D NAIL SET UNLESS NOTED
NOT SHOWN. �' D C60 D ALCUNA EDOUND UNLESS NOTED
t PROPERTY LINE
DETAILS ARE NOT DRAWN TO SCALE. It CENTER LINE
[ 3 RECORD INFORMATION
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE OF
.�E,......-r
GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT S T F P.O.B. POINT OF BEGINNING
THI PLAT IS T I AND CORRECT TO THE BEST OF MY �P'�C'1 F'9�•+y P.O.0 POINT OF P.O.R. POINT OF REFERENCECOMMENCING
KN WLEDGE AN BELIEF. GJ;N p P.C. POINT OF CURVATURE
JO .°��°wNN°°°•w P . POINT OF TANGENCY
HN E BRAUTIGAM "T NON-TANGENT CURVE
'�.y•� IRF IRON ROD FOUND
^` f •+V °""""1'•- «•'•°°•••°•"°•°
FF IRON PIPE FOUND
• 5057 �i P.U.E. PUBLIC UTILITY EASEMENT
JO E BRAU GAM DATE '90P ar De O.P.R.W.C.T..OFFICIAL PUBLI RECORDS WILLIAMSON
RE ISTERED OFESSIONAL LAND SURVEYOR /� • FSS%o°•!•>L
I
N0. 5057, ST l OF TEXAS Q•...... V O.R.W.C.T.. OFFICIAL RECORDS WILLIAMSON COUNTY,TEXAS
C� P.R.W.c.T:. PLAT RECORDS WILLIAMSON COUNTY,TEXAS
o.R.W.C.T- DEED RECORDS WLLIAMSON COUNTY,TEXAS
S� 4029 CalAw o1 Teas Highway,So. RIGHT-OF-WAY PLAT PAGE 3 OF 3
,pC E1Fodi Oaks Professional Plaza,Sake 725
Austin,,Texas 78704 SHOWING PROPERTY OF REF. FIELD
SURVETING•AERIAL MAVPING•ENGINEEHING Fa c 447-0575� MERIT ROUND ROCK PROPERTIES, L.P. NOTE N 1 0 8
PARCEL 150
DATE: August 6, 2001
SUBJECT: City Council Meeting—August 9, 2001
ITEM: 13.D.4. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with Merit Round Rock Properties Limited
Partnership for right-of-way for the SH 45 roadway project.
Resource: Steve Sheets, City Attorney
Julie Wolff, Legal Assistant
History: This contract with Merit Round Rock Properties Limited Partnership is for the
acquisition of right of way for the SH45 project. Additional compensation of
$500 was agreed upon in the negotiations to assist with their attorney fees
incurred to obtain HUD approval. On October 26, 2001 the City Council
approved an ordinance determining the need and necessity for the acquisition.
Funding:
Cost: $7,474.00 (Appraised Value: $6,974)
Source of funds: Round Rock Transportation Development Corporation Sales Tax
Outside Resources: None
Impact/Benefit: Increased mobility in the south quadrant of the City.
Public Comment: N/A
Sponsor: N/A
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS CONTRACT OF SALE ("Contract") is made by and between Merit
Round Rock Properties Limited Partnership, a Texas limited partnership
(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 . 040 acres of land (1, 722 square feet) situated in
Williamson County, Texas, being more particularly described as follows :
Parcel # 150 : 0 . 040 acre tract, (1, 722 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 Seven
Thousand, Four Hundred Seventy-four and No/100 Dollars ($7, 474 . 00 . )
Payment of Purchase Price
2 . 02 . The Purchase Price shall be paid in cash at the closing.
ARTICLE III
PURCHASER' S AND SELLER' S OBLIGATIONS
Conditions to Purchaser' s Obligations
C:\ClientDoc=ents\Merit\Roundrock\RoadTaking\contractfinal.wpd/sls 1
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) .
Conditions to Seller' s Obligations
3 . 02 . The obligations of Seller 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.
Preliminary Title Commitment
3 . 03 . Within ten (10) days after the date hereof, Purchaser, 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 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 Special
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:
(i) General real estate taxes for the year of closing
and subsequent years not yet due and payable;
2
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 Special Warranty Deed will include provisions
that (1) it is being delivered in lieu of condemnation and (2)
Seller has made no representations or warranties concerning
the Property and that Purchaser is purchasing the Property AS
IS .
(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 nextpreceding
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 Seller;
Filing fees for deed paid by Purchaser;
Filing fees for release (s) paid by Purchaser;
Title curative matters, if any, paid by Purchaser;
Attorney' s fees paid by each respectively.
3
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, 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
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 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
4
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.
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
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,
5
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
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:
Merit Round Rock Properties Limited
Partner ip
By: MTP, I c.-, s eral Partner
�
By:
av' . Roelke, CFO
Date :
6
PURCHASER:
CITY O UND ROC , TEXAS
By:
ert A. Stluka, r. , Mayor
221 E. Main Street
Round Rock, Texas 78664
Date:
7
Page 1 of 3
April 18,2000
EXHIBIT A
County: Williamson
Parcel No.: 150
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CSJ:
FIELD NOTE DESCRIPTION FOR PARCEL 150
DESCRIPTION OF A 0.040 ACRE (1,722 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA
THOMAS SURVEY ABSTRACT NO. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT
1,BLOCK A OF THE FINAL PLAT OF "THE HOMESTEAD" (HOMESTEAD), A SUBDIVISION OF RECORD
IN CABINET P, SLIDE 89 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING THAT
SAME TRACT OF LAND CONVEYED IN THE SPECIAL WARRANTY DEED TO MERIT ROUND ROCK
PROPERTIES, L.P., AS RECORDED IN DOCUMENT NO. 9749312 OF THE OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS, SAID 0.040 ACRE (1,722 SQUARE FEET) TRACT, AS SHOWN ON A
RIGHT-OF-WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod with a Texas Department of Transportation(TxDOT) aluminum cap set 218.14
feet left of Survey Baseline Station 623+51.26 for the northwest corner of the tract described herein, also being in the
proposed north right-of-way(ROW)line of State Highway 45 (S.H.45), and being in the east line of Lot 1, Block A,
Final Plat of Stonehaven (Stonehaven), a subdivision of record in Cabinet R, Slide 156 of the Plat Records of
Williamson County,Texas,being that same tract of land conveyed in the deed to 2300 MacArthur, LTD., as recorded
in Document No. 199953439 of the Official Public Records Williamson County,Texas, also being in the west line of
said Homestead tract,from which a 1/2-inch iron rod found bears N 00°26'06"E,a distance 345.62 feet;
THENCE leaving said common line and crossing said Homestead Tract with the north proposed right-of-way(ROW)
line of State Highway 45 the following three(3)courses and distances numbered 1,2,and 3;
1) with the arc of a curve to the right a distance of 15.93 feet through a central angle of 00° 09' 28", having a
radius of 5788.00 feet, and whose chord bears N 75°04' 33" E, a distance of 15.93 feet to a TxDOT Type II
concrete monument set for a Point of Reverse Curvature, being 216.91 feet left.of Survey Baseline Station
623+67.14;
2) with the arc of a curve to the left a distance of 446.09 feet through a central angle of 04° 28' 34", having a
radius of 5710.00, and whose chord bears N 72° 54' 59" E, a distance of 445.98 feet to a TxDOT Type II
concrete monument set,being 199.50 feet left of Survey Baseline Station 628+12.78 for a Point of Tangency,
and
3) N 70°40'42" E, a distance of 30.55 feet to a TxDOT Type II concrete monument set in the east line of Lot
1,Block A of said Homestead Tract, same being the northwest corner of Lot 4, Block A George Subdivision,
a subdivision as recorded in Cabinet O, Slide 228 of the Plat Records of Williamson County, Texas as
conveyed in the deed to J17 Fortune, L.P., as recorded in Document No. 9725716 of the Official Records
Williamson County, Texas, being 199.50 feet left of Survey Baseline Station 628+43.33; also being the
northwest comer of the tract described herein;
EXHIBIT
FN1758
20081-20
Page 2 of 3
April 18,2000
4) THENCE with said common line S 00°07'35" W, a distance of 10.24 feet to a calculated point in the north
ROW line of S.H. 45, conveyed to the State of Texas as recorded in Volume 1544, Page 20 of the Official
Records Williamson County, Texas, from which a 5/8-inch iron rod found bears S 00°07'35"W,a distance
of 148.65 feet;
5) THENCE leaving said common line and with the north ROW line of said S.H. 45 same being the south line
of said Homestead Tract S 73°30'05"W, a distance of 490.74 feet to a 1/2-inch iron rod found for the south
common corner of said Stonehaven Tract and said Homestead Tract, same being the southeast comer of the
tract described herein;
6) THENCE leaving said common line and with the east line of said Stonehaven Tract, same being the west
line of said Homestead Tract N 00° 26' 06" E, a distance of 4.38 feet to the POINT OF BEGINNING and
containing 0.040 acre(1,722 square feet)of land,more or less.
BEARING BASIS: Texas State Plane Coordinate System,Central Zone,NAD 83.
THE STATE OF TEXAS #
# KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS 0
That I, John E Brautigam, 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 April 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin,Travis County,Texas this the 19`x'day of April,2000.
SURVEYING AND MAPPING,Inc. ",
4029 Capital Of Texas Hwy.,So. Suite 125 JoE Brauti
Austin,Texas 78704 R istered Pr ssional Land Surveyor
N 5057-S.a e of Texas
.0 .TF
.JOHN E BRAUTIGAM
9 5057 Q
9tiO.,o�p SU
s
FN1758 20081-20
%
WILLIAMSON COUNTY, TEXAS
SCALE P.O.R" A,) A THOMAS SURVEY A-- 609 %
1"=100' j j J
1 Fj CK PR�PERTIES, L.P.
S
MER4T FOUND
OCU .EMIT No. 949312
N t 'SRR 15 F U.E-
0. W.C.T
P�P j FINAL PLAJF 'iNE pOLESTEAD } j CO;6 �/ �,,,� _� .,/v• CAB 11![T A. SLIDE ,56 �` `^(V
II 4_'__......_,__ f 4 I P p.V.C.Tx. ,Y
G� G \� LO ) 25 P.U.E. (v
PLAT OF 'TBE HOMESTEAD"' CO
T 1 BLOK A
CABINET R. SLIDE
N
PL T fE kiOMESTEAD" Q�� �;Nk
CABINET ,P NSLt ' 84 P.R.W.C.TX.
' - S
Qf.TO
\ G E.
`�:!^ � - FINAL PIA,5P T THE BgiE5TEA0 'b�
' jj{ •� :':
�iL z "'�f.i ..�tABINET fl.SII 156 }.'\, /''
'R.M.C-Tx. ff ♦ 4• %,O �Q �-
P^��� 25' P.U.E. p'ptiS�Q+ O ` �A O O
F I T DF 'TNE..STE..'JJ�JJ y� V d; ,,• /}\C� J,^`
CABINET R. SLIDE 156 j {,AAV //��� W
P.fl .Tz ! 4., ral"Qp VQ Q7Q
0. +
� (;' - ', 150.•
628.12.78 628.43.33
I /I 6 67.14 :' (O.0'40••ACRE 199.50 L .50 LT LOT 1
f'' % % 6.91'L T 1722.S0.FT.)% j
P R 0 P 0 S E D `f . ; /-- -- --------------___:_:_.:w- ; ------------------------ - f
T '
1
F�.Q.al1�.--Llht€ {� •, -= =- - -=----------:1------ -
°µ 'I
_.. ;
S73'30'05"IN 490.74' EXISTING R.O.W. LINE LINE ------- DETAIL 8
CN75.52'28"E 492.181
;DETAIL A 4/
STATE OF; TEXAS Z? LOT 4
1.620 ACRES
C1 C2 VOL. 1544, 1G_ 20
A-04'28'34" 00`09' 8" O.R.W.C.Tx. L10 0�
R-5710.00' -5788.0
L-446.09' -]5..93' ,
T-233.16' g 'o '33"E STATE HIGHWAY 45
CB•N72'54'59"E 1 LOUIS HENNA BLVD. - - E
C-445.98' N__._,_,F
(VARIABLE WIDTH R.O.W.)
—XjS44tY�--
.__
APP yiztl:�-3UCA7-��rV'0� SIJRVEY_LINE _ w TAIL C
ro4D
s2� SURVEY BASELINE ----+-------------- ------------
--
. ------ -
-1------------------ DETAIL A _ DET Aq r
------------
------------------- f
--
,r �
3.51.26
7 218.14 LT........ ;
N-10151639.56742 /N70'40'42"E
E-3141173.56224 ; C2 % 30,55'
INO0'26'06"Ey X00'07'35"W '
MEMUCA N HUNT SURVEY A- 314 4.38' ' 10.24'
NOTES11""',.—
_ %
DETAIL C ------------- i----------
BEARINGS AND COORDINATES ARE BASED ON THE = LEGEND
TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, J
CENTRAL ZONE AND ADJUSTED TO SURFACE USING PDR : ■ TYPE [CONCRETE MONUMENT FOUND
A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS S/,B" IRF O TYPE N CONCRETE MONUMENT FOUND
PROVIDED BY DOUG ANDERSON,RPLS, SURVCON, INC. `S6 18 TYPE 11CONCRETE MONUMENT SET
IMPROVEMENTS SHOWN HEREON ARE BASED UPON 0� ' 0 Vz'PIPE FOUND UNLESS NOTED
sy O % IRON ON ROO SET wA Tx00T CAP UNLESS NOTED
TXDOT AERIAL SURVEY DIGITAL FILES. THERE MAY BE 9'5 �'6 • '/i'IRON ROD FOUND UNLESS NOTED
ADDITIONAL UNDERGROUND,OR OTHER, IMPROVEMENTS F�_�' : 60 D NAIL SET UNLESS NOTED
NOT SHOWN. 60 D NAIL FOUND UNLESS NOTED
D CALCULATED POINT
_ t PROPERTY LINE
DETAILS ARE NOT DRAWN TO SCALE. t CENTER LINE
[ 7 RECORD INFORMATION
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE -(F..,0F 1F P.O.BI POINT of INFORMABEGINIaNTION
GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT Q• G1 S T f ••.-f' P.O.C. POINT OF COMMENCING
THI PLAT IS T UE AND CORRECT TO THE BEST OF MY �.� '4F:•� P.o.R. POINT OF REFERENCE
KN WLEDGE AN BELIEF_ Q• P.C. POINT OF CURVATURE
JOHN E BRAUTIGAM RT NON-TANGENT CURVE
41110
/ / IRF IRON ROD FOUND
4// 0 •...«•..«•«•••.••..•••.•••.N IPF RON PIPE FOUND
-Q �� P.U.E. PUBLIC UTILITY EASEMENT
;9 5057
JO E BRAU GAM DATE O v%d o-P.R.W.C.Tx.OFFICIAL PUBLIC RECORDS WILLIAMSON
[RE ISTERED OFESSIONAL LAND SURVEYOR �i�•. FESS%O•.• 0 COUNTY,TEXAS
o.R.w.C.Tx. OFFICIAL RECORDS WILLIAMSON COUNTY,TEXAS
No. 5057,STl OF TEXAS O•�c�UaJ� P.R.w.C.T.. PLAT RECORDS WILLIAMSON COUNTY,TEXAS
Sul. O.R.w.C.T.. DEED RECORDS WILLIAMSON COUNTY,TEXAS
SA ® 4029 Capital of Texas Highway,So. RIGHT-OF-WAY PLAT PAGE 3 OF 3
8rodie Oaks PTOIesBlonal Plaza.Suite 125 SHOWING PROPERTY 0 F REF. FIELD
Austin,Texas 78704
SURVEYING-AERIAL MAPPING-ENGINEERING l (5) 058Fax (512)326-3029 ROUND ROCK PROPERTIES, L.P. PARCEL150