CM-2020-059 - 2/28/2020Easement Purchase Agreement
This contract to buy and sell real property interests is bchveen 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: Leroy S. Bergeron and Barbara F. Bergeron
Address: 12016 Trails End Road
Leander, Texas, 78641
Travis County
Buyer: City of Round Rock, a Texas home rule citx
Address: 221 E. Main St.
Round Rock, TX 78664
Williamson County
Easement Property, that certain tract of land consisting of 0.146_acre, more or less, out of the
R. Blackwell Survey, Abstract 83, 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
Phone: (512) 337-0300
E-mail: Kristi.Dobrinski 'fcxasNational'ritic.com
Purchase Price:
$ 3,500.00
County for Performance: Travis County, Texas
Address: 305 Denali Pass Drive,
Suite A
Cedar Park, Texas 78613
Fax:(512) 853-5810
Easement purchase Agreement — BClit]A Parcel 75
&M, 20 W-0'57
Page I16
A. Closing Documents
A.1. At Closing, Seller will deliver the following items:
Electric Utility Easement
A.2. At Closing, Buyer will deliver the following items:
Balance of 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 "B" — Electric Utility Easement
C. Purchase and Sale of Property Interests
Purchase and Sale Agreement. 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 for the formation of this contract.
D. Closing
D.J. Closing. This transaction will close ("Closing") at Title Company's offices at the Closing
Date and Closing Time. At Closing, the following will occur:
D. I.a. Closing Documents; Title Company Documents. The parties will execute and
deliver the Closing Documents and any documents required by Title Company.
DJA Payment of Purchase Price. Buyer will 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. Disbursement 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. Ld. Possession. Seller will deliver possession of the Property Interests to Buyer, subject
to the Permitted Title Exceptions existing at Closing.
Easement Purchase A@reeinztit BCRUA pa►ceI Pape 216
D. 2. Transaction Costs
D.2.a. Buyer'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 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 casts 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 Seller's attorney's fees and expenses.
D.3. Brokers' Commissions. 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. L Speck Performance. Buyer may demand specific performance of this contract.
E.2. Actual Damages. [f Seller conveys 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 fees and expenses
and court costs.
E.3. Seller's Default; Remedies after Closing, If Seller's representations are not true and correct
at Closing due to circumstances reasonably within Seller's control and Buyer does not become
aware of the untruth or incorrectness of such representations until after Closing, Buyer will 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 law or in equity unless otherwise provided by the Closing Documents.
E.4. Buyer's Default, Remedies. If Buyer fails to perform any of its obligations under this
contract ("Buyer'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.5. Attorney's Fees. If either party retains an attorney to enforce this contract, the party
prevailing in litigation is entitled to recover reasonable attomey's fees and court and other costs.
Easement P JtdiaSe Agret'merti — Bt RUA Par(:,�l 75 Page 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 relying on any statements
or representations of Seller or any agent of Seller, that are not in those documents.
F.3. Amendment. This contract may be amended only by a signed, written agreement.
F.4, Assignment. Buyer may assign this contract and Buyer's rights under it.
F.S. 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 Law; Venue. This contract is to be construed under the laws of the State of
Texas. Venue is in the county for performance.
F.7. Waiver of Default. Default is not waived if the non -defaulting party fails to declare a
default immediately or delays taking any action with respect to the default.
F.8. Severability. If a 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
unenforeeability 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 Not to Be Construed against Party Who Drafted 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.10. 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.11. Binding Effect. This contract binds, benefits and maybe enforced by the parties and their
respective heirs, successors, and permitted assigns.
Casem-- Ot Purch Ise Agreement - BCRUA Parcel '?5 Page 416
SELLER: Leroy S. Bergeron and Barbara F. Bergeron
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f.
S. Bergeron
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Date:
A�� P,
a 0: � 01 �-
By: Barbara F. Bergeron
Date:
City of Round Rock, a Texas home rule city
xI, ip,�Ir 1111� I
By:
Date:
M.&z.,6a i
Ea sernent PurLhaSe Ag, 2rmer,i - HC11t1A 11arceI I Page 516
Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA)
By: Karen Bondy, General Manager
2/19/2020
Date:
Title Company acknowledges receipt of a copy of this contract executed by both Buyer and Seller.
By:
Name:
Title:
Date:
Easement Purchase Agreement - BCRUA P:ircel 15 °age 616
BCRUA 075
LEROY S. BERGERON AND BARBARA F. BERGERON
Talker P=ners
engineers * surveyors
804 Los Cimos Pkwy„ Suite 150
Austin, Texas 78746
20 FOOT WIDE (0.146 ACRE)
ELECTRIC EASEMENT
LOCATED IN THE THE R. BLACKWEL L SURVEY, ABSTRACT 83
IN TRAVIS COUNTY, TEXAS
FIELD NOTES FOR A 20 FOOT WIDE (0.146 ACRE) STRIP OF LAND LOCATED IN THE R BLACKWELL SURVEY, ABSTRACT
83. IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 11,50 ACRE TRACT DESCRIBED IN A DEED TO LEROY S.
BERGERON AND BARBARA F. BERGERON. OF RECORD IN VOLUME 13379, PAGE 4839, OF THE REAL PROPERTY
RECORDS OF TRAVIS COUNTY, TEXAS (R.P.R.T.C.T.). SAID 0.146 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 IW IRON ROD FOUND IN THE WEST RIGHT-OF-WAY LINE OF TRAILS END ROAD, MARKING THE MOST
SOUTHERLY SOUTHEAST CORNER OF SAID 11.50 ACRE TRACT AND THE SOUTHEAST CORNER OF THE HEREIN
DESCRIBED EASEMENT, BEING THE NORTHEAST CORNER OF A CALLED 2 ACRE TRACT DESCRIBED IN A DEED TO
DANIELLE Y. MUNSELLE, OF RECORD UNDER T.C.C.D. 2008016521 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
COUNTY, TEXAS (O.P.R.T.C.T.);
THENCE N 46'34'06" W — 22.87' WITH THE COMMON LINE BETWEEN SAID 11.50 ACRE TRACTAND SAID 2 ACRE TRACT TO
A POINT FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 112" IRON ROD FOUND
MARKING A SOUTHEAST CORNER OF SAID 11.50 ACRE TRACT BEARS N 46'34'05' W — 320.35' AND S 14'29'43" W—157.67 ;
THENCE N 14025'25" E — 313.86' THROUGH THE INTERIOR OF SAID 11.50 ACRE TRACT, WEST OF, 20 FEETAT RIGHT
ANGLES FROM AND PARALLEL TO THE EAST LINE OF SAID 11.50 ACRE TRACT AND THE WEST RIGHT-OF-WAY LINE OF
TRAILS END ROAD, TO A POINT IN THE COMMON LINE BETWEEN SAID 11.50 ACRE TRACT AND A CALLED 49.820 ACRE
TRACT DESCRIBED IN A DEED TO MARK L. ETHERIDGE, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT
2003261029 OF SAID O.P.R.T.C.T., FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH
A 1r2" IRON ROD FOUND MARKING THE NORTHWEST CORNER OF SAID 11.50 ACRE TRACT BEARS
N 67'27'15' W — 1260.01';
THENCE S 57'27'15" E -- 20.20' WITH THE COMMON LINE BETWEEN SAID 11,50 ACRE TRACT AND SAID 49.820 ACRE
TRACT, TO A M" IRON ROD WITH CAP STAMPED WALKER PARTNERS" SET IN THE WEST RIGHT-OF-WAY LINE OF
TRAILS END ROAD, FOR THE NORTHEAST CORNER OF SAID 11.60 ACRE TRACT AND THE HEREIN DESCRIBED
EASEMENT;
THENCE S 14'25'26" W — 322.09' WITH THE EAST LINE OF SAID 11.50 ACRE TRACT ALONG THE WEST RIGHT-OF-WAY LINE
OF TRAILS END ROAD, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.146 ACRE OF LAND.
THIS DESCRIPTION IS BASED ON THE ATTACHED 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: AUGUST 28, 2017
RE EASED: JANUARY 25, 2018
WARREN L SI PSON. R.P.L.S. 122
PROJ NO.3.00619
PLAT NO. Al-1323
FIELD NOTE NO.075
MAP CHECKED: 01/16/2018-JBM
www.WalkerForfners.com
18PE Registration No. 8053 1 18PLS Registration No 10194317
G:\PMecls\3-00519\3 Phase 2 Land Rights\I Survey\1.5 Final Copies\field Notes\FN-75.docx
HCRUA 076
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l ELECTR
IC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS §
That Leroy S. Bergeron and Barbara F. Bergeron, for and in consideration of ONE DOLLAR ($1.00) in
hand paid by the City of Round Rock, Texas, has granted, sold, and conveyed and by these presents does
grant, sell, and convey unto CITY OF ROUND ROCK, TEXAS ("Grantee"} an easement and right-of-
way as hereinafter described for the purpose of an electric distribution line consisting of variable number
of wires, and all necessary or desirable appurtenances (including poles made of wood, metal or other
materials, telephone and cable television wires, props, guys, and anchors) over, across and upon the
following described lands located in Travis County, Texas, to -wit:
All of that certain 0.146 acre tract in the R. Blackwell Survey, Abstract No. 83, Travis County,
Texas; being more fully described by metes and bounds in Exhibit "A", attached hereto and
incorporated herein.
With guying easements as needed, together with the right of ingress and egress over Grantor's adjacent
lands to or from said right-of-way for the purpose of constructing, reconstructing, inspecting, patrolling,
hanging new wire on, maintaining and removing said lines and appurtenances; provided however the right
to use such adjacent lands shall only be permitted if there is no reasonably available access to the
easement area from a public right of way; the right to relocate the lines within the limits of said easement
and right-of-way; the right to remove from said lands all trees and parts thereof, or other obstructions
which endanger or may interfere with the efficiency of said lines or their appurtenances.
Grantor warrants that Grantor is the owner of said property and has the right to execute this easement.
TO HAVE AND TO HOLD the above described easement and rights unto Grantee and its successors and
assigns, until said easement and rights shall be relinquished. This easement may be assigned by Grantee.
Grantor, Grantor's heirs and legal representatives do hereby bind themselves to warrant and forever
defend all and singular the above described easement and rights unto Grantee, its successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS my hand this day of l a yr , 20M
[signalure page follows]
Parcel 075 Bergeron
GRANTOR:
Leroy S. rgeron
THE STATE OF TEXAS
COUNTY OF
BEFORE W, the undersigned authority, on this day personally appeared Leroy S. Bergeron, known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged that they executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
may
;• CORKLIUS LAMLDAVISMy Notary ID # 13Expires Febnsary Notary Public in and for
The State of Texas
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared Barbara F. Bergeron, known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged that they executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
.20
Please Return to:
Notary Public in and for
The State of Texas
Cobb, Fendley & Associates, Inc. / Right of Way Department
505 E. Hundand Drive, Suite 100
Austin, TX 78752
Parcel #75 Bergeron
City of Round Rock
r
?ROUNOROCK Agenda Item Summary
Agenda Number:
Title: Consider execution of an Easement Purchase Agreement with Leroy and
Barbara Bergeron for acquisition of a 0.146 acre electric utility easement
required for the BCRUA. Phase 2 Raw Water Delivery Project (Parcel 75).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/28/2020
Dept Director: Michael Thane, Utilities & Environmental Services Director
Cost: $3,500.00
Indexes: Regional Water Fund
Attachments: LAF-00440313.PDF, Agreement-00440220.PDF, Exhibit-00440222.PDF
Department: Utilities and Environmental Services
Text of Legislative File CM-2020-059
The negotiated purchase price of $3,500 has been reviewed and approved by the BCRUA
Operations Committee, and the proposed purchase agreement has been recommended for
approval and executed by the BCRUA General Manager.
Cost: $3,500.00
Source of Funds: Regional Water Fund
City of Round Rock Page 1 Pdnted on 2/27/2020
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