CM-2019-0152 - 5/24/2019Easement Purchase Agreement
This contract to buy and sell real property interests is between Seller and Bayer 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: Daniel Davila, III and Lucy Davila, Husbgnd and Wife
Address: 8329 Lime Creek Road, Volente, Texas 78641
Phone: (512)258-6637
Buyer: City of Round R2gk._a Texas home rulg c4
Address: 221 E. Main St.
Round Rock, TX 78664
Williamson County
Easement Property: that certain tract of land consisting of 0.014 acres (610 Square Feet), more
or less, out of the Sulk Trans o�rtat R QUIpeny Surv4Y, Abstract 68 1. in Travis County, Texas,
more particularly described by metes and bounds and sketch in Exhibit "A", attached hereto and
Incorporated herein for all purposes (the "Easement Property")
Title Company: Texas National Title
Escrow Agent: Kristi Dobrinski Address: 305 Denali Pass Drive, Suite A
Cedar Park, Texas 78613
Phone:(512) 337-0300 Fax:(512) 853-5810
E-mail: rkrjsti,Dobrinski(a lmosNationalTitle.cgm
Purchase Price: I I dP
YMKM $6,000.00
County for Performance: Travis County, Texas
Easement Purchase Agreement — 6CRUA Parcel LJ33
A. Closing Documents
A.I. At Closing, Seller will deliver the following items:
Executed Subsurface Raw Water Line Easement, a copy of which is attached
hereto as Exhibit A.
A.Z At Closing, Buyer will deliver the following items:
Purchase Price
The documents listed in this section A are collectively known 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 ALweeirmant. Seller agrees to sell and convey the Property Interests to
Buyer, and Buyer agrees to buy and pay Seller for the Easement Property.
As Is Sale. BUYER ACCEPTS THE EASEMENT PROPERTY "AS IS," "WHERE IS," AND
"WITH ALL FAULTS," WITHOUT WARRANTY OR REPRESENTATION FROM
SELLER. BUYER AGREES AND REPRESENTS:
(a) BUYER IS NOT RELYING ON ANY WRITTEN, ORAL, OR IMPLIED
STATEMENT OR REPRESENTATION BY SELLER OR ANY REPRESENTATIVE OF
SELLER ABOUT OR RELATED TO THE EASEMENT PROPERTY, INCLUDING, BUT
NOT LIMITED TO STATEMENTS OR REPRESENTATIONS ABOUT: (i) THE NATURE,
USE, VALUE, DEVELOPMENTAL POTENTIAL, SUITABILITY OR FITNESS FOR ANY
USE, COMPLIANCE WITH RESTRICTIONS OR ZONING ORDINANCES,
COMPLIANCE WITH ANY REGULATIONS OR LAWS, HABITABILITY,
MARKETABILITY, ACCESS TO, EGRESS FROM, QUALITY OF IMPROVEMENTS,
CONDITION OF IMPROVEMENTS ORTHE LAND, SIZE OFTHE IMPROVEMENTS OR
LAND, SOILS, OR DRAINAGE (ON OR FROM); OR (ii) THE PRESENCE OF ANY
ENVIRONMENTAL CONDITIONS, ENVIRONMENTAL CONTAMINANTS, UTILITIES,
FLOOD HAZARD AREAS, FLOOD PRONE AREAS, EASEMENTS, RIGHTS-OF-WAY,
ROADS;
(b) BUYER HAS THE OPPORTUNITY TO INSPECT THE EASEMENT
PROPERTY, IS FAMILIAR WITH THE PROPERTY, IS SATISFIED WITH THE
CONDITION OF THE EASEMENT PROPERTY, AND IS RELYING ON BUYER'S OWN
DETERMINATION AND INVESTIGATION OF THE EASEMENT PROPERTY;
(c) BUYER IS EXPERIENCED 1N THE PURCHASE OF PROPERTIES
SIMILAR TO THE EASEMENT PROPERTY; AND
(d) THE SALES PRICE HAS BEEN NEGOTIATED BETWEEN THE
Easement Purchase Agreement — BCRUA Parce 121 Pare 216
PARTIES AS A RESULT OF BUYER AGREEING TO TAKE THE EASEMENT
PROPERTY IN AN ASdS CONDITION.
D. Closing
D.L Closing. This transaction will close ("Closing") at Title Company's oMces at the Closing
Date and Closing Time. At Closing, the following will occur:
D.l.a. Closing Documents, Title Company Documents. The parties will execute and
deliver the Closing Documents and any documents required by Title Company.
D.l.b. Payment of Purchaser Price. Buyer will deliver the Purchase Price and other
amounts that Buyer is obligated to pay tinder this contract to Title Company in funds
acceptable to Title Company.
D.l.c. Dlsbursemew of Funds: Recording; Copies. Title Company will be Instructed to
disburse the Purchase Price and other funds in accordance with 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.rl. Possession. Seller will deliver possession of the Easement Property to Buyer, subject
to the Permitted Title Exceptions existing at Closing.
Easement Purchase Agreement — BCRUA P2rce -._' Page 316
D.3. Transaction Costs
D.?a. Bz(var's Costs. Buyer will pay the basic charge for the Title Policy, the escrow fee
charged by Title Company; the costs to prepare the easement; the costs to obtain, deliver.
and record releases or 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 orad 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.3.b. Seller's Costs. Seller will pay Seller's attorney's fees and expenses. Seller will not
pay any other closing costs.
D.?c. Brokers' Canunissions. No Broker's commissions or fees will be paid as a part of this
transaction and Closing.
RM Issnartce ofTltle, Policy Buyer will cause Title Company to issue the Title Policy to Buyer
as soon as practicable after Closing.
C. Derault and Remedies
E 1. Actual Damages. Buyer will be entitled to seek recovery rrom Seiler for the actual damages
sustained by Buyer by reason ofSeller's Default, including attorney's Fees and expenses and court
costs.
E.? Seller's Defirtilt; Resirdies tier Closing If Seiler fails to perform any of its obliptions
under this contract that survive Closing, Buyer will have all rights and remedies available at late
or in equity unless otherwise provided by the Closing Documents.
E3. Bu3vr's Default; Remedies. if Buyer fails to perform any or its obligations under this
contract ("Buyer`s Default"), Seller may terminate this contract by giving notice to Buyer on or
berore Closing. The foregoing constitutes Seller's sole and exclusive remedies for a default by
Buyer.
E.4. 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 othercosts.
Easement Purchase Ag(eenient — SCRUA Parcel "G r -L! 4 6
F. Miscellaneous Provisions
F.1. Notices. Any notice required by or permitted under this contract must be in writing
F.?. Entire Agreement. This contract, its exhibits, and any Closing Documents delivered at
Closing are the entire agreement of the parties concerning the sale ofthe Easement property by
Seller to Buyer. There are no representatians. warranties, agreements, or promises pertaining to
the Easement Property or the sale of the Easement Property by Seller to Buyer, and Buyer is not
relying on any statements or representations of Seller or any agent of Seller, that are not in those
documents.
F.3, Anrendnrenl This contract may be amended only by a signed, written agreement
F.,l. ttrvf �a1vc- rants. Any of the representations, warranties, covenants, and agreements
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.
F.5. Condemnation. Buyer and Seller agree that said real property is being conveyed to the
County under the imminence of condemnation, as that term is used in the United States Internal
Revenue Code.
F. 6. 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.7. Choice oftair: ; Venue. This contract is to be construed under the laws of the State ofTexas.
Venue is in Travis County.
FS JValvei-of Default. Default is not waived il'the non -defaulting party fails to declare a default
immediately or delays taking any action %kith respect to the default.
F.9. Severabflfq� Ira provision in this contract is unenforceable for any reason, to the extent
the unenforceability does 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. 10. Amblguftim Not to Be Constrained against Parry Who Drcfed Contract. The rule of
construction that ambiguities in a document are construed against the party who drafted it does not
apply in interpreting this contract.
F.11. Counterparts. 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.1?. Bfnrling Effect. This contract binds, benefits and maybe enforced by the parties and their
respective heirs, successors, and permitted assigns.
Easement Purchase A;reement — SCRUA Parcei +... 516
SELLER: Daniel bnvila, III and Lucy Davila, Husband and Wife
Dale:
By: Lucy Davila
i
4_ s -h
Date:
BUYER: City of Round Rock, a Texas home rule city
y: Title:
vb
Date:
Easement Purchase Agreement -- BCRUA Parcel '-'? Page 616
Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA)
By: Karen Bon y, Qeneral Maer
--
<lg�I
Date:
Title Company acknowledges receipt of a copy of this contract executed by both Buyer and
Seller.
By:
Name:
Title:
Date:
:asemer.t Pu -chase Agreerent — EC?!+r Parte " 71C
Exhibit A
SUBSURFACE RAW WATER LINE EASEMENT
BCRUA Phase 11 Intake Tunnel
STATE OF TEXAS §
§
COUNTY OF TRAVIS §
DATE: , 2019
GRANTOR: Daniel Davila, III and Lucy Davila, Husband and Wife
GRANTOR'S MAILING ADDRESS: 8329 Lime Creek Road
Volente, Texas 78641
Travis County
GRANTEE: City of Round Rock, a Texas home rule city
GRANTEE'S MAILING ADDRESS: 221 E. Main St.
Round Rock, TX 78664
Williamson County
CONSIDERATION: Ten dollars ($10.00) and other valuable consideration, the receipt and
sufficiency of which is hereby acknowledged.
Easement Property: that certain tract of land consisting of 0.014 acres (6 10 square feet), more or
less, out of the Rusk Transportation Company Survey. Abstract 681. in Travis County, Texas,
more particularly described by metes and bounds and sketch in Exhibit "A", attached hereto and
incorporated herein for all purposes (the "Easement Property"); and
SUBSURFACE EASEMENT GRANT:
Grantor, for the consideration paid to Grantor by Grantee, hereby grants, sells, and conveys
to Grantee a permanent and exclusive subsurface easement under the Easement Property, together
with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold
to Grantee and Grantee's successors and assigns forever. The subsurface easement, rights, and
privileges herein granted shall be used for the purposes of boring, constricting, placing, operating,
maintaining, reconstructing, replacing, rebuilding, upgrading, renewing, removing, inspecting,
cleaning, changing, modifying, or repairing subsurface raw water intake facilities, including but
not limited to bored tunnels, liners, pipelines, and any other necessary or desirable appurtenances
thereto; provided, however, that Grantee's rights in the Easement Property shall be limited solely
to that part of the subsurface lying at or below 550' msl. Grantee also acknowledges that it shall
be responsible for the reasonable market value of repairing or paying to repair any damage or
subsidence caused to the surface of Grantor's property, including but not limited to Grantor's
residential improvements constructed thereon, which are directly and proximately caused by the
construction or installation of Grantee's subsurface ran- water intake facilities contemplated
herein, or other uses of the Easement Property ►►hick are outside of the rights conveyed herein.
Parcel No. 033
1.
In no event shall Grantee have the right to use the surface of the Easement Property for
drilling, boring, excavation, or any other use, except that Grantee shall be permitted to do
geotechnical testing, including soil and surface testing and boring, only prior to construction of the
proposed underground intake facilities. After completion of any and all such geotechnical testing,
Grantee shall restore the surface of the Easement Property to the condition it was in immediately
prior to the testing. Grantee shall not place or construct any above -ground facilities or
appurtenances whatsoever upon the surface of the Easement Property.
RIGHTS AND RESERVATIONS OF GRANTOR:
Grantor shall retain all existing rights to use the surface of the Easement Property for any
and all purposes which do not endanger or unreasonably interfere with the rights of Grantee,
including without limitation the right to place buildings or other permanent structures on the
surface of the Permanent Easement. Construction or installation of subsurface well facilities of
any kind within the Easement Property is specificallxprohibited.
Grantor expressly reserves all water, oil, gas, and other minerals owned by Grantor, in, on,
and under the Easement Property, provided that Grantor shall not be permitted to drill or excavate
for water, oil, gas and minerals from the surface of the Easement Property, but Grantor may extract
water, oil, gas, or other minerals from and under the Easement Property by directional drilling
originated outside of the Easement Property, or other means which do not unreasonably interfere
with or disturb the rights granted to Grantee herein.
EXCLUSIVITY:
Grantee's easement rights within the subsurface of the Easement Property (at or below
550' msl for the Easement Property) shall be exclusive.
SUCCESSORS AND ASSIGNS; TERMINATION:
This instrument, and the terms and conditions contained herein. shall inure to the benefit
of and be binding upon Grantee and Grantor, and their heirs, successors, and assigns.
WARRANTY:
Subject to existing matters of record affecting the Easement Property, Grantor warrants
and shall forever defend this Subsurface Easement to Grantee against anyone lawfully claiming or
to claim the Permanent Easement or an}, part thereof when the claim is by, through or under
Grantor, but not othcnvise. Grantor makes no representation or warranty to Grantee with respect
to the condition of the easement property, whether express, statutory, implied or otherwise, and
Grantor expressly disclaims any implied ►►arranty that such easement property is or will be suitable
for Grantee's intended purposes.
Parcel No. 033
2.
When the context requires, singular nouns and pronouns include the plural. When
appropriate, the terms "Grantee" and "Grantor" include their respective employees, agents,
subsidiaries, officers, servants, contractors, successors and assigns.
GRANTOR:
Daniel Davila, III
THE STATE OF TEXAS §
COUNTY OF §
Lucy Davila
ACKNOWLEDGMENT
This instrument was acknowledged before me on this day
of , 2019, by Daniel Davila, III, in the capacity and for the purposes and
consideration recited herein.
Notary Public, State of Texas
ACKNOWLEDGMFNT
THE STATE OF TEXAS §
COUNTY OF §
This instrument %vas acknowledged before me on this day
of '2019, by Lucy Davila, in the capacity and for the purposes and
consideration recited herein.
Notary Public, State of Texas
Parcel No. 033
3.
After recording return to:
Cobb, Fendley & Associates, Inc. / Right of Way Department
505 E. Huntland Drive, Suite 100
Austin, TX 78752
Parcel No. 033
Exh'bil A BCRUA 033
DANIEL DAVILA, III AND LUCY DAVILA, HUSBAND AND WIFE
(gilFal kerPneers * surveyors
804 Los Cimas Pkwy. 5uile 15,:�
Austin, Texas 78746
0,014 ACRE
SUBSURFACE EASEMENT
LOCATED IN LOT 7, OF VOLENTE PEAK, PHASE ONE,
IN THE RUSK TRANSPORTATION COAIPAN7' SURVEY, ABSTRACT 681
IN TRAVIS COUNTY, TEXAS
FIELD NOTES FOR A 0.014 ACRE (610 SQUARE FEET) STRIP OF LAND LOCATED IN THE RUSK TRANSPORTATION
COMPANY SURVEY, ABSTRACT 681, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF LOT 7, OF VOLENTE PEAK,
PHASE ONE, PLAT OF RECORD IN TRAVIS COUNTY CLERK'S DOCUMENT (T C.0 D.) 200800208 OF THE OFFICIAL
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND DESCRIBED AS TRACT 1A, A CALLED 1. 164 ACRE
TRACT AND TRACT 1B, A CALLED 9.347 ACRE TRACT, IN A DEED TO DANIEL DAVILA, III AND LUCY DAVILA,
HUSBAND AND WIFE, OF RECORD IN T.C.C.D. 2005058607 OF THE O.P.R.T.C.T- SAID 0.014 ACRE EASEMENT BEING
MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING, MADE A PART HEREOF AND FURTHER
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING A POINT IN A COMMON LINE OF SAID LOT 7, AND LOT 8 OF SAID VOLENTE PEAK PHASE ONE. AT THE
SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 112" IRON ROD FOUND AT THE
SOUTHWEST CORNER OF SAID LOT 7, BEARS S 80'39'55"W -152 40' TO A 112' IRON ROD WITH CAP STAMPED
"CHAPARRAL 4995" FOUND AT AN ANGLE POINT IN THE EAST LINE OF SAID LOT 7, AND S 29°00'40" W -203 60' TO A
112' IRON ROD WITH CAP STAMPED "WEST 4188" FOUND AT THE SOUTHEAST CORNER OF SAID TRACT 1 B. AND
S 29'03'57'W -- 330.21
THENCE WITH A CURVE TO THE LEFT, AN ARC LENGTH OF 12.32' HAVING A RADIUS OF 1175.00', A CENTRAL
ANGLE OF 0°36'04' AND A CHORD WHICH BEARS N 26'29'38' E --12 32' TO A POINT IN THE NORTH LINE OF SAID
LOT 7, AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 112' IRON ROD WITH
CAP STAMPED "CHAPARRAL 4995' FOUND AT AN ANGLE POINT IN THE COMMON LINE OF SAID LOT 7 AND LOT 6 OF
SAID VOLENTE PEAK PHASE ONE, BEARS S 80°39'55' W - 228.17';
THENCE N 80039'55" E - 60.81' WITH COMMON LINE OF SAID LOTS 6 AND 7. TO A POINT AT THE NORTHEAST
CORNER OF THE HEREIN DESCRIBED EASEMENT,
THENCE WITH A CURVE TO THE RIGHT, AN ARC LENGTH OF 12.08', HAVING A RADIUS OF 1225 00', A CENTRAL
ANGLE OF 0°33'53' AND A CHORD WHICH BEARS S 24'49'22"W -12.08' TO A POINT AT THE SOUTHEAST CORNER
OF THE HEREIN DESCRIBED EASEMENT,
THENCE S 80'39'55" W- 61.25' WITH THE COMMON LINE OF SAID LOT 7 AND LOTS OF SAID VOLENTE PEAK PHASE
ONE, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.014 ACRE OF LAND.
THIS DESCRIPTION IS BASED ON THE ATTACHED SURVEY AND EXHIBIT DRAWING MADE BY WARREN L. SIMPSON,
REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 4122.
BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD
83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.
SURVEYED SEPTEMBER 28, 2017
R EASED APRIL25, 2018
WARREN L SIMPSON. R P L 9 4122
PROJ NO 3-00619
PLAT NO. Al -1391
FIELD NOTE NO 033
MAP CHECKED 412412018-JBM
www.WalkerPadners.com
TOPE Registrabon No. 8053 1 TBPLS Registration No. 10194317
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6114 ACRE SUBSURFACE EASEMENT LOCATED 0 LOT f, OF VOLENFE
PEAIL PHASE ONE. IN THE RUBK IRANSPORTATON COMPANY
SURVEY, ABSTRACT 91. TRAVIS OMIT. KFA1.
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EXHIBIT
OF A O.DL4 ACRE (610 SOUANE FEET) SUBSURFACE
EASEMENT LOCATED IN THE RUSX TRANSPORTATION
COMPANY SURVEI, ABSTRACT 681 IN TRAVIS COUNTY,
TEXAS, BEING A PORTION OF LOT 7, OF VOLENTE PEAT
PHASE ONE. PLAT OF RECORD IN TRAVIS COUNTY CLERXS
DOCUMENT 200800208 OF THE OFFICIAL PUBLIC RECORDS
OF TRAVIS COUNTY, TEXAS AND DESCRIBED AS TRACT IAL
A CALLED L164 ACRE TRACT AND TRACT 18. A CALLED 9.347
ACRE TRACT IN A DEED TO DANIEL DAVILA III AND LUCY
DAVILA. HUSBAND AND WIFE OF RECORD IN TRAVIS
COUNTY CLERXS DOCUMENT 1005038607 OF THE OFFICIAL
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS.
INE OrSTA�CE4 SrvOAYNHEBEONAR's SURFACEVA•sIES TO AtSF1C1'l L. SRV
CWPUTEGMVALUES 4JLTIPLYSURFACE BSIAYCEBYAVERAGE ,} .R�..L..R.R-•
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City of Round Rock
RQVNO ROCK Agenda Item Summary
T-_XAS
Agenda Number:
Title: Consider execution of an Easement Purchase Agreement with Daniel Davila,
III and Lucy Davila for the acquisition of a 0.014 acre subsurface raw water
line easement required for the BCRUA Phase II Construction Project (Parcel
33).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/24/2019
Dept Director: Michael Thane
Cost: $6,000.00
Indexes: Regional Water Fund
Attachments: Agreement-00424234.PDF, Map-00424238.PDF, IAF-00424276.PDF
Department: Utilities and Environmental Services
Text of Legislative File CM -2019-0152
The purchase price of $6,000 is the negotiated BCRUA purchase amount above the initial
appraised value for the tunnel easement acquisition, which was recommended by the project
engineers and approved by the BCRUA General Manager.
Cost. $6,000.00
Source of Funds: Regional Water Fund
City of Round Rack Pelle
Printed on 5/24/200