CM-2018-1899 - 10/5/2018Exhibit A-1
Easement Purchase Agreement
This contract to buy and sell real property interests is between Seller and BuYer as
identified below and is effective on the date ("Effective Date") of the last of the signatures by
Seller and Buyer as parties to this contract.
Seller: John W. Henderson. Jr. and Sarah M. Henderson. Trustees of the Jahn W. and Sarah M.
Henderson Living Trust Dated Mav 23.2007
Address: 17132 Northlake Hills Drive, Jonestown, TX 78645-4453
Phone: (512) 699-8336
Buyer: City of Round Rock. a Texas home rule cite
Address: 22I E. Main St.
Round Rock, TX 78664
Williamson Count},
Casement Property: that certain tractor land consisting of 0.125 acre 5.445 square feet). more
or less, out of the Benjamin Leavctt Survey. Abstract 497. in Travis County, Texas, more
particularly described by metes and bounds and sketcli in Exhibit "A", attached hereto and
incorporated herein for all purposes (the "Easement Propert) ");
Title Company-: Texas National 3 itic
Escrom Agent: Katie Deason Address: 305 Denali Pass Drive, Suite A
Cedar Park, Texas 78613
Phonc:(512) 337-0300 Fax:(512) 853-5810
E-mail: Katie.Dea,,on,,6jTexasNationall'itte.com
Purchase Price:
$5,000.00
County for Performance: Travis County, Texas
Easement Purchase Agreement — BCRUA Parcel 059 Page IIs
Gam-Zofe-f9gq
A. Closing Documents
A.1. At Closing, Seller will deliver the following items:
Subsurface Raw Water Line Easement
A.2. At Closing, Buyer will deliver the folio%%ing items:
Balance of Purchase Price
The documents listed in this section A are collectively Icno%%n as the "Closing Documents."
B. Exhibits
The following are attached to and are made a part of this contract:
Exhibit A—Subsurface Raw Water Line Easement
C. Purchase and Sale of Property Interests
Purchase and Sale,Igi-eemew. Seller agrees to sell and convey the Property Interests to
Buyer, and Buyer agrees to buy and pay Seller for the Property Interests. The promises by Buyer
and Seller stated in this contract are the consideration far the formation of this contract.
D. Closing
D.1. Closing. I his transaction %N ill close ("Closing") at Title Company's offices at the Closing
Date and Closing `Time. At Closing, the follo%Ning %%ill occur:
D.I.a. ClosingDocuments; Title Coinjm t3' Documents. The parties N% ill execute and
deliver the Closing Documents and any documents required by Title Company.
DJA Payment of Put -chase Price. Buyer %%ill deliver the Purchase Price and other
Amounts that Buyer is obligated to pay under this contract to Title Company in funds
acceptable to Title Company.
D.I.c. Disbiu•semem of funds; Recording; Copies. Title Company %%ill be instructed to
disburse the Purchase Price and other fiends in accordance N%ith this contract, record the
easement and the other Closing Documents as directed, and distribute documents and
copies in accordance with the parties' written instructions.
D.l.d. Possession Seller will deliver possession of the Property Interests to Buy er, subject
to the Permitted Title Exceptions existing at Closing.
Easement Purchase Agreement — ECRUA Parcel 059 Face 216
D.2. Transaction Costs
D.2.ct. Buyer's Costs. Buyer will pay the basic charge for the Title Policy; the escro%t fee
charged by Title Company; the costs to prepare the easement; the costs to obtain. deliver,
and record releases of any liens required to be released in connection with the sale; the
costs to record documents to cure Title Objections required to be cured by Buyer and to
resolve matters shown in Schedule C of the Title Commitment; the costs to obtain the
certificates or reports of ad valorem taxes; the costs to deliver copies of the instruments
described in paragraph A; any other costs expressly required to be paid by Buyer in this
contract, including Buyer's attorney's fees and expenses.
D. 2.b. Seller's Costs. Seller will pay any costs expressly required to be paid by Seller in
this contract, including SelIer's attorney's fees and expenses.
D.3. Bi-okets'Cormnissions. No Broker's commissions or fees will be paid as a part of this
transaction and Closing.
D.4. Issuance of Title Policy. Buyer will cause Title Company to issue the Title Policy to Buyer
as soon as practicable after Closing.
E. Default and Remedies
E 1. Speck Performance. Buyer may demand specific performance of this contract.
E 2 Aclual Damages. If Seller com'eys or encumbers any portion of the Property before
Closing so that Buyer's ability to enforce specific performance of Seller's obligations under this
contract is precluded or impaired, Buyer will be entitled to seek recovery from Seller for the actual
damages sustained by Buyer by reason of Seller's Default, including attorney's Pecs and expenses
and court costs.
E.3. Seller's Defatill; Retrtedif s rrf er f "lasing, If Sellers representations are not true and correct
at Closing due to circumstances reasonably %vithin Seller's control and Buyer does not become
aware of the untruth or incorrectness of such representations until after Closing, Buyer %%ill have
all the rights and remedies available at law or in equity. If Seller fails to perform any of its
obligations under this contract that survive Closing, Buyer will have all rights and remedies
available at lay% or in equity unless otherwise provided by the Closing Documents.
E.4. Buyer's Default; Remedies. If Buyer fails to perl'orm any of its obligations under this
contract ("Bu)er's Default"), Seller may terminate this contract by giving notice to Buyer on or
before Closing. The foregoing constitutes Seller's sole and exclusive remedies for a default by
Buyer.
E.S. Attorneys Fees. If either party retains an attorney to enforce this contract, the party
prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs.
Easement Purchase Agreement — BCRUA Parcel 059 316
F. Miscellaneous Provisions
F.1. Notices. Any notice required by or permitted under this contract must be in writing.
F.2. Entire Agreement. 'this contract, its exhibits, and any Closing Documents delivered at
Closing; are the entire agreement of the parties concerning the sale of the Property by Seller to
Buyer. There are no representations, warranties, agreements, or promises pertaining to the
Property or the sale of the Property by Seller to Buyer, and Buyer is not rel} ing on any statements
or representations of Seller or any agent of Seller, that are not in those documents.
F.3. Amenchneni. This contract may be amended only by a signed, written agreement.
F4. Assignment. Buyer may assign this contract and Buyer's rights under it.
17.5. Conflicts. If there is any conflict between the Closing Documents and this contract, the
Closing Documents will control. The representations made by the parties as of Closing survive
Closing.
F.6. Choice of Lair; Venue. This contract is to be construed under the iaws of the State of
Texas. Venue is in the county for performance.
F.7. Raiver of Default. Default is not waived if the non -defaulting parte fails to declare a
default immediately or delays taking any action with respect to the default.
F.8. Severabilit},. If a provision in this contract is unenforceable for an% reason, to the extent
the unenforceability docs not destroy the basis of the bargain among the parties, the
unenforceability does not affect any other provision of this contract, and this contract is to be
construed as if the unenforceable provision is not a part of the contract.
F.9. Ambiguities Riot to Be Consl►•ueel againsl Nn), Who Drafted Conti -act. The rule of
construction that ambiguities in a document are construed against the party v%ho drafted it does not
apply in interpreting this contract.
F. 10. Countei-lyaYs. If this contract is executed in multiple counterparts, all counterparts taken
together Constitute this contract. Copies of signatures to this contract are effective as original
signatures.
F.11. Biudbig Effect. This contract binds, benefits and matt be enforced by the parties and their
respective heirs, successors, and permitted assigns.
Easement Purchase Agreement — SCRUA Parcel 059 Page 416
SELLER: John W. Henderson. Jr. and Sarah M. Henderson. Trustees of the John W. and
Snrah M. Henderson Living Trust Dated May 23. 2007
BUYER: Citv of Round Rock. a Texas home rule city
BY: Laurie Hadley, City Manage�D•s��
Agreed to and Acknowledged by the Brushy Creck Regional Utility Authority (BCRUA)
By:
Easement Purchase AGreenient — DCRUA Parcel OSS PaP,r' 516
t
BUYER: Citv of Round Rock. a Texas home rule city
BY: Laurie Hadley, City Manage�D•s��
Agreed to and Acknowledged by the Brushy Creck Regional Utility Authority (BCRUA)
By:
Easement Purchase AGreenient — DCRUA Parcel OSS PaP,r' 516
Title Company acknowledges receipt of a cope of this contract executed by both Buyer and Seller.
By
Name:
Title:
Date:
Easement Purchase Agreement - BCRUA Parcel 059 Pa};e 616
BCRUA 059
JOHN W. AND SARAH M. HENDERSON LIVING TRUST
Nr ROIL RODMTNCAP
N iTALYED'IERRAFALW
FWII()ATtiORIHWE51
CDRNERCFLOT I
CALCULATED PWIT AT SOUTHAUF COUIER
CF LOT 1 FEARS S 332131' W • 53 21'FROM
0—THE NORTMVEST CCRHER OF LOT 1
LOT 7
PORTHLAXE MILS SECT'ON THREE
VOLUSC 101 PAGE 100
A.•b VClUME 102 PAGES 1.5
PRTCT
U2'IRON ROD FWJO D4
LINEFORREFEREHCE
IFr IRON RaoN.TH CAP
STA►PEO'TETIRA FRMA'FOU1
`Ox UfIE FOR REFERVICE
LOTS
NORTHLAIIE HILLS SECTION FEE
VOLUME 101 PAGE 400
AND VOLUME 102 PAGES 1•5
PJRTCT
JOHN w. AND SARAH IT. HEHOERSCN
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CALLED2013ACRES
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VOLU4E M7 PAGE 401
AhOVOLUIVE 102. PAGES 12i
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POINT OF BEGINNING s24 s13o w 49s
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PRTCT
.FLAT RECWS
SURVEYED CCTOBER1T2417 =-s'
TRAvOCOUNIV TEXAS
OFR -TC?
• OFFICIAL PUBLIC RECCROS
THAT ALL EASEMENFS,RESTRICTICTIS OR E12720ROCESIEINEACF
RECORD OR NOT OFRECORD) NHSHWAY AFFEECTTHE SL8*0TRACT ARE
TRAVIS COUNTY TEXAS
Q.EASELENTAREA
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VOLUME 4 PAGES 91
/ PRTCT
RELEASE DATE JURE? 202
THAT ALL EASEMENFS,RESTRICTICTIS OR E12720ROCESIEINEACF
RECORD OR NOT OFRECORD) NHSHWAY AFFEECTTHE SL8*0TRACT ARE
EXHIBIT
FIELD NOTES ATTACHED NERIM. MADE A PART HFAEGF AND DRIED
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It$ACRE SUBSURFACE FASENENTLOCATED MTHE BEN MmILEAVETT
OF A 0.125 ACRE SUBSURFACE EASEMENT
SURVET.A1SiMCT41T TRAWSCOUNTF.TF.XAS.
LOCATED EN TETE BENJAMIN LEAVETT SURVET,
THE SURVEYOR 010 NGT ABSTRACT THE SUB2ECTTM40 TMSSMEVWAS
ABSTRACT 497, IN TRAVIS OOUNTY,TEXAS
PERFORMED WRHDUT TIE BENEFIT OFA TilM RMAI, THEREFORE THE
RAVEYORCEWFIES114AT EASEUE71TS1WTHEH49BEENAONSEDOFH4VE
BEEN ADDRESSEDHEWccOII HOWEVER.THESURvEYOROCESuOIGL'APinTEE
THAT ALL EASEMENFS,RESTRICTICTIS OR E12720ROCESIEINEACF
RECORD OR NOT OFRECORD) NHSHWAY AFFEECTTHE SL8*0TRACT ARE
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SHOWN HEREON
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City of Round Rock
P'-- rlc Agenda Item Summary
Agenda Number:
Title: Consider execution of an Easement Purchase Agreement with John W.
Henderson, Jr. and Sarah M. Henderson for the acquisition of certain
easement interests required for the construction of the BCRUA's proposed
water line and tunnel project (Parcel 59).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/5/2018
Dept Director: Steve Sheets
Cost: $5,000.00
Indexes:
Attachments: 00410634.PDF, 00410644.PDF
Department: Legal Department
Text of Legislative File CM -2018-1899
Consider execution of an Easement Purchase Agreement with John W. Henderson, Jr.
and Sarah M. Henderson for the acquisition of certain easement interests required for the
construction of the BCRUA's proposed water line and tunnel project (Parcel 59).
The purchase price of $5,000 is the minimum BCRUA offer amount for the tunnel
easement acquisitions.
Cost: $5,000.00
Source of Funds: BCRUA Phase 2 Property Acquisition
City of ftund Flock Page 1 Printed on 10/5,2018