CM-2020-096 - 4/3/2020Easement 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: Matthew P. Schepper and Amber D. Schepper
Address: 12509 Trails End Road
Leander, Texas 78641
Travis County
Buyer: City of Round Rock a Texas home rule city
Address: 221 E. Main St.
Round Rock, TX 78664
Williamson County
Easement Property: that certain tract of land consisting of 0.113 acre, more or less, out of the
C.T. & M.C. R.R. Company Survey, Abstract 2590 and G.C. & S.F. R.R. Company Survey,
Abstract 2215, 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@rexasNationalTitle.com
Purchase Price:
$ 6,500.00
County for Performance: Travis County, Texas
Address: 305 Denali Pass Drive,
Suite A
Cedar Park, Texas 78613
Fax:(512)853-5810
Easement Purchase Agreement — BCRUA Parcel 171 Page 116
N,�2_02_0-6%
A. Closing Documents
A.I. 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.1. 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.
D.Lb. 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.1. 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.1.d. Possession. Seller will deliver possession of the Property Interests to Buyer, subject
to the Permitted Title Exceptions existing at Closing.
Easema�nt Purchase Agreement - BCRUA Parcel 1 71 Page 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 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 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.1. Specific Performance. Buyer may demand specific performance of this contract.
E.2. Actual Damages. If 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.S. Attorney's 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 171 Page316
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
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 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.H. Binding Effect. This contract binds, benefits and maybe enforced by the parties and their
respective heirs, successors, and permitted assigns.
Easement Pur -ha.e Agreement -• BCRUA Parcel 1.Y1 t'age416
SELLER: Matthew P. Schepper and Amber D. Schepper
,r
By: Matthew P. Schepper
Date:
A,4�ko��
By: Amber D. Schep er
Date:
BUYER: City of Round Rock, a Texas home rule city
By:
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/ 5 54,
Title:
Date:
Ea5<m!eni. Purchase Agree rilenl - 8CROA, Parcel 1 71 Page 516
Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA)
By: Karen Bondy, General Manager
03/16/2020
Date:
Title Company acknowledges receipt of a copy of this contract executed by both Buyer and Seller.
By: _
Name:
Title:
Date:
Easement Purchase Agreern(2nt • BCRt.IA Parcel 1.71 Page 616
BCRUA 171
MATTHEW P. SCHEPPER AND AMBER D. SCHEPPER
(9
Walker Partners
engineers * surveyors
804 Las Cimas Pkwy., Suite 150
Austin, Texas 78746
20 FOOT WIDE (0.113 ACRE)
ELECTRIC EASEMENT LOCATED IN THE
C.T. & M.C. R.R. COMPANY SURVEY, ABSTRACT 2590
AND G.C. & S.F. R.R. COMPANY SURVEY, ABSTRACT 2215
IN TRAVIS COUNTY, TEXAS
FIELD NOTES FOR A 20 FOOT WIDE (0.113 ACRE) ELECTRIC EASEMENT LOCATED IN THE C.T. & M.C. R.R. COMPANY
SURVEY, ABSTRACT 2590, AND G.C. & S.F. R.R. COMPANY SURVEY, ABSTRACT 2215 IN TRAVIS COUNTY, TEXAS, BEING A
PORTION OF LOT 1, OF VILLAS OF THE HILLS SUBDIVISION, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT
200300064 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND CONVEYED TO MATTHEW
P. SCHEPPER AND AMBER D. SCHEPPER, BY DEED RECORDED UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.)
2014013897. SAID 0.113 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 AT A POINT IN THE EAST MARGIN OF TRAILS END ROAD (80' WIDE), AT THE SOUTHWEST CORNER OF SAID
LOT 1 AND THE HEREIN DESCRIBED EASEMENT, BEING THE NORTHWEST CORNER OF LOT 2, OF SAID VILLAS OF THE
HILLS SUBDIVISION, FROM WHICH A 2" FENCE CORNER POST BEARS S 52°48'29" E— 0.35' AND A 1/2" IRON ROD FOUND
THE WEST LINE OF LOT 12 OF SAID VILLAS OF THE HILLS SUBDIVISION, AT THE BEGINNING OF A CURVE TO THE LEFT
BEARS S 16'32'05" W — 912.32;
THENCE N 16°32'05" E— 245.34'WITH THE EAST RIGHT-OF-WAY LINE OF TRAILS END ROAD, ALONG THE WEST LINE OF
SAID LOT 1, TO A POINT AT THE NORTHWEST CORNER OF SAID LOT 1 AND THE HEREIN DESCRIBED EASEMENT, FROM
WHICH A 1/2" IRON ROD WITH CAP STAMPED "LENZ ASSOC." FOUND MARKING THE SOUTHWEST CORNER OF A CALLED
1.565 ACRE TRACT DESCRIBED IN EXHIBIT "A-V RECORDED UNDER T.C.C.D. 2012116130 OF SAID O.P.R.T.C.T. BEARS N
55°12'40" W —2.33%
THENCE S 55°12'40" E — 21.06' WITH THE COMMON LINE BETWEEN SAID LOT LOT 1 AND SAID 1.565 ACRE TRACT, TO A
POINT AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT;
THENCE S 16°32'05" W — 246.28' EAST OF, PARALLEL TO AND 20' AT RIGHT ANGLES FROM THE WEST LINE OF SAID LOT
1, TO A POINT IN THE COMMON LINE BETWEEN SAID LOT I AND SAID LOT 2, AT THE SOUTHEAST CORNER OF THE
HEREIN DESCRIBED EASEMENT;
THENCE N 52°48'29" W — 21.37' WITH SAID COMMON LINE, RETURNING TO THE POINT OF BEGINNING AND CONTAINING
0.113 ACRE OF LAND. SURVEYED BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO.4122 ON
NOVEMBER 04, 2019. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE
SYSTEM, NAD 83, CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.
FWARREN
L. SIMPSON,RP 1 -S, 4122L.
CCWA�RENSIMPSON
PROJ NO. 3-00619
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NOTE NO. 171Rv
MAP CHECKED: 11/2112019-JBM
www.WalkerPariners.com
TBPE Registration No. 8053 1 TBPLS Registration No. 10194317
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MATTHEW P. SCHEPPER AND AMBER D. SCHEPPER
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EXHIBIT
OF A 20 FOOT WIDE (0.113 ACRE) ELECTRIC
EASBMEN? LOCATED IN THS GT A M.C. R.R.
COMPANY SURVEY, ABSTRACT 2590 AND G.C. & S.F.
RM COMPANY SURVEY, ABSTRACT 2215, IN TRAVIS
COUNTY, TEXAS, BEING A PORTION OF LOT I, OF
VILLAS OF THE HILLS SUBDIVISION, OF RECORD
UNDER TRAVIS COUNTY CLERKS DOCUMENT
200300094, OF THE OFFICIAL PUBLIC RECORDS OF
TRAVIS COUNTY, TEXAS, AND CONVEYED TO
MATTHEW P. SCHEPPER AND AMBER D. SCHEPPER, BY
DEED RECORDED UNDER TRAVIS COUNTY CLERK`S
DOCUMENT 2014013M OF THE OFFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY, TEXAS
/SURVEYORS NOTES
/ SURVEYED: NOVEMBER 04, 2019
FIELD NOTES ATTACHED HERETO, MADEA PART HEREOF ANDTRLEO:
20 FOOT WIDE (0.1I S ACRE) ELECTRIC EASEMENiTLOCATED IN THE C.T. i
/ M.C.R.RCONPANYSURVEY, ABSTRACT 25I1AND G.6 d S.F. RR.COMPANY
SURVEY, ABSTRACT 2215, IN TRANS COUNTYJEXAS.
THE SURVEYOR DID NOTA13STTACT THE SUBJECT TRACT. THIS SURVEY WAS
PERFORMED WITHOUTTHE BENEFIT OFA TITLE REPORT, THEREFORE THE
SURVEYORCERTIFIESTNAT EASEMENTS THAT HE HAS BEEN ADVISED OF
HAVE BEEN ADDRESSED HEREON HOWEVER THE SURVEYOR DOES NOT
GUARAMUTHATALLEASEWNTS,RESIRICTIONSOR ENCUMBRANCES
(EITHER OF RECORD OR NOT OF RECORD) WHWH MAY AFFECT THE SUBJECT
TRACT ARE SHOWN HEREON.
THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THE
TEXAS STATE PLANE COORDINATE SYST-EK HAD 93, CENTRAL ZONE
ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.
DSTANCESARE SURFACE VALUES,
LOT 1 OF VILLAS OF THE HILLS SUBONSXINOF RECORD UNDER TRANS
COUNTY CLERKS DOCUMENT 200300064 OF THE OFFICIAL PUBLIC RECORDS
OF TRAVIS COUNTY, TEXAS, IS SUBJECT TO A 20' WIDE PEDERNALES
ELECTRIC COOPERATIVE, INC. OF RECORD N TRAVIS COUNTY CLERKS
DOCUMENT 2DI4129M OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
COUNTY. TEXAS.
QCOPYRIGHTALL RIGHTSRESERVED pwn0w apa►erscom .4122
walker Partners
engineers *surveyors
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GILAPJ41C SCALE IN FEET
PLAT NO. Al-172D PROf.NO. 3-W619 DRAFL'CD T
TAB NA F/N NO. 171 FB/PG 3-16/60-62 DRA"
BY
DWG. ZNIAP
NAIAIF. 3-00619 5W-PAR4EL 171- SDiGMDM CHKD 1
9
ELECTRIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS §
That Matthew P. Schepper and Amber D. Schepper, 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 0.113 acre tract in the C.T. & M.C. R.R. Company Survey, Abstract No. 2590,
and G.C. & S.F. R.R. Company Survey, Abstract No. 2215, 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 Z 0 day of 20 Zvi
[signature page follows]
Parcel 171 Schepper
GRANTOR:
Matthew P. Schepper
THE STATE OF TEXAS
COUNTY OF
Am er D. Schepper
BEFORE ME, the undersigned authority, on this day personally appeared Matthew P. Schepper, 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
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 Amber D. Schepper, 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. Huntland Drive, Suite 100
Austin, TX 78752
Parcel171 Schepper
City of Round Rock
ROUND ROCI(
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider execution of an Easement Purchase Agreement with Matthew P.
Schepper and Amber D. Schepper for the acquisition of a 0.113 acre electric
utility easement required for BCRUA Phase 2 Raw Water Delivery project
(Parcel 171).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/3/2020
Dept Director: Michael Thane, Utilities & Environmental Services Director
Cost: $6,500.00
Indexes: Regional Water Fund
Attachments: LAF-00442784.PDF, Map-00442782.PDF, Agreement-00442776.PDF
Department: Utilities and Environmental Services
Text of Legislative File CM-2020-096
The negotiated purchase price has been agreed to and recommended for approval by the
BCRUA General Manager. The cost will be shared by the three partner Cities based on their
capacity in the Phase 2 project.
Cost: $6,500.00
Source of Fund. Regional Water Fund
City of Round Rock Page 1 Printed on 41212020