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CM-2020-134 - 5/8/2020Easement 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: Christopher L. Rogers and Cassidy D. Rogers Husband and Wife Address: 1013 Villa Hill Drive 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 0.179 acres, more or less, out of the C.T. and M.C. R. R. Company Survey, Abstract No. 2278, Travis County, Texas, being a portion of Lot 13, of the Villas of the Hills Subdivision, of Record under Travis County Clerk's Document 20030064 of the Official Public Records of 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(@TexasNational.Title.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 Oaq, e t Purcg�Agreen,,ent — BCRUA Parcel 167 Page 116 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.I. 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. La. Closing Documents; Title Company Documents. The parties will execute and deliver the Closing Documents and any documents required by Title Company. D.I.b. 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. I.d. Possession. Seller will deliver possession of the Property Interests to Buyer, subject to the Permitted Title Exceptions existing at Closing. Easernent Purchase Agreement — BCRUA Parcel 167 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. Speck 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 attorneys 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. Casemerit Purchase Agreement — 8CRUA Parcel 161 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. F3. Amendment. This contract may be amended only by a signed, written agreement. F.A. 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.11. Binding Effect. This contract binds, benefits and may be enforced by the parties and their respective heirs, successors, and permitted assigns. Easement Purchase Agreernent — BCRt1A Parcel 167 Page416 SELLER: BUYER: Christopher L. Rogers and Cassidy D. Rogers By: Christopher L. Rogers Date: y. Cassidy . ogers �'- ) s I Date: City of Round Rock, a Texas home rule city By: �"� -- ory Date: I EasprnNnt Purchase Agreement — BCRUA Parcel 167 Pag!- 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: Fasement Purchase Agreement -- B(ALIA Parr -,el 1.61 Page 616 BCRUA 167 Exhibit A CHRISTOPHER L. ROGERS AND CASSIDY D. ROGERS Walker Partners engineers *surveyors 804 Las Cimas Pkwy., Suite 150 Austin, Texas 78746 20 FOOT WIDE (0.179 ACRE) ELECTRIC EASEMENT LOCATED IN THE C.T. AND M.C. RR. COMPANY SURVEY, ABSTRACT 2278 IN TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 20 FOOT WIDE (0.179 ACRE) ELECTRIC EASEMENT LOCATED IN THE C.T. AND M.C. R.R. COMPANY SURVEY, ABSTRACT 2278, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF LOT 13, OF THE VILLAS OF THE HILLS SUBDIVISION, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT 200300064 OF THE OFFICIAL PUBLIC RECORD OF TRAVIS COUNTY, TEXAS AND CONVEYED TO CHRISTOPHER L. ROGERS AND CASSIDY D. ROGERS, BY DEED RECORDED UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2011007658 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.). SAID 0.179 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 RIGHT OF WAY (R.O.W.) LINE OF TRAILS END ROAD (80' WIDE), AT THE SOUTHWEST CORNER OF SAID LOT 13 AND THE HEREIN DESCRIBED EASEMENT, BEING THE NORTHWEST CORNER OF LOT 12, OF SAID VILLAS OF THE HILLS SUBDIVISION, FROM WHICH A 1/2" IRON ROD WITH CAP STAMPED "TLS 6410" FOUND FOR REFERENCE BEARS S 74°08'52" W — 0.75' AND A 1/2" IRON ROD FOUND IN 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 — 44.72; THENCE N 16°32'05" E — 384.36' WITH THE EAST R.O.W. LINE OF TRAILS END ROAD, ALONG THE WEST LINE OF SAID LOT 13 TO A POINT AT THE BEGINNING OF A CURVE TO THE RIGHT, FROM WHICH A 2" IRON PIPE FOUND FOR REFERENCE BEARS S 06°43'22" E 0.45' AND 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-l" IN A DEED TO MINORI, LLC BEARS N 16°32'05" E — 728.58' TO A POINT AT THE NORTHWEST CORNER OF LOT 1 OF SAID VILLA HILLS SUBDIVISION AND N 55'12'40" W 2.33% THENCE AN ARC LENGTH OF 23.31', WITH THE SOUTH LINE OF VILLA HILL DRIVE (60' WIDE ACCESS, DRAINAGE AND PUBLIC UTILITY EASEMENT), ALONG A CURVE TO THE RIGHT, WITH THE NORTH LINE OF SAID LOT 13, HAVING A RADIUS OF 15.00', A CENTRAL ANGLE OF 89°03'04" AND A CHORD WHICH BEARS N 62"12'30" E — 21.04' TO A POINT AT THE END OF SAID CURVE; THENCE S 73°28'27" E — 4.95' WITH THE SOUTH LINE OF VILLA HILL DRIVE, ALONG THE NORTH LINE OF SAID LOT 13 TO A POINT AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH AN "X" IN CONCRETE FOUND AT THE BEGINNING OF A CURVE TO THE RIGHT BEARS S 73°28'27" E — 40.60'; THENCE S 16032'05" W — 386.37' EAST OF, PARALLEL TO AND 20' AT RIGHT ANGLES FROM THE WEST LINE OF SAID LOT 13, TO A POINT IN THE COMMON LINE BETWEEN SAID LOT 13 AND SAID LOT 12, AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE S 74008'52" W — 23.68' WITH SAID COMMON LINE, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.179 ACRE OF LAND. SURVEYED BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO.4122 ON NOVEMBER 05, 2019. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS AND THE DISTANCES SHOWN HEREIN ARE SURFACE VALUES RELEASED: DECEMBER 6, 2019 7C)FTF ..............6..■ WARREN L. SIMPSON, R.P.L.S. 4122 WARREN L. SIMPSON PLAT NO. Al-1724 ..........IMPS .. �2QOS S Rv 'lO� U FIELD NOTE NO. 167 MAP CHECKED. 12/02/2019-WCH www.WalkerPartners.com TBPE Registration No. 8053 1 T8PLS Registration No. 10194317 G:\Projects\3.00619\3 Phase 2 Land Rights\I Survey\1.5 Final Copies\Field Notes\ELECTRIC EASEMENTS\3-00619-FN-167 - ROGERS.docx ��� IMF CHRIS[OPHRR L R04ERS AND CASSIDY D. ROGERS 18' IRON ROD FOUND WITH CAP STAMPED'LENZ d ASSOC FOUND -- BEARS N 56'lT4D' SV • 233' LEGEND • =1rT IRON ROD FOUND NNLESS OTHF"SE NOTEDI E 'GUY IMRE NVNORI, LLC CALLED 1 565 ACRES EXHI31T'A-1' LOT1 TOO D. 2W2116117 V'ILASOFTHEHILLS OP.RT.CT T.C.CA.2014013807 OPATC.T. yN M Y 11�Y'Ay C.A. YR' I'� R6 to —o— -, UTILRY POLE �' I I - . +a•�' z>o'i -LS 't3 14. —E—=04ERHEADELECTRIC LINE :'1y3 tK�v1g cn�H m = TELEPHONE RISER —X— •FENCE LOT x I VILLAS OF THE HILLS I I =PLATCALLS T.C.C.D. =TRAVIS COUNTY CLERMSOOCUMENT ORRTCT. =OFFICIAL PUBLIC RECORDS TRAY* COUNTY. TEXAS 1= `EASEMENT AREA I lI I w L FBEROPT WJ&OLEYITTIISIGN-�� — T R7ON PIPE FOUND BEARS S 36*43; E • 0,45' w I 1 O ( Z waR �b V • N TC.C.D 20030M O.P.RT.C.T. i COTTON SPINDLE FOUND CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD 01 2331' 1500 89.O 4' N62'12-30'E•2101' IC-1) 123.T) MCC) I60 &M2 tN6741'37F-2172) ,--S 73-28'27-E ` 1 4.95' S 73'28'27' E CUT 1X' IN 40AV CCNCRETEF%ND (S 72-17C0' E • 45.55) , . -1.5'N'IOE BIUCK WALL 9cCFi(`y1 v�<a Q.179 ACRE �ELECTRICEASEMEN T O 40 o (/27 CHRISTOFHFALRCGERSAND CALSSIDY D. ROGERS T.C.C.D.2011007658 key \ O.P,RT.C.T. � \ FIELD 9= I p POINT OF BEGINNING G M 0001MNATLS y N: LON0111 07 IAOBBIB72S 112' IRON ROD V.TTH CAP STA.IPED'RS 6410' FOUN BEARS S 14'OS W VI • D.75' VV IRON ROD FOUND AT BEGINIANG OF CURVE TO LEFT LOT 13 VILLAS OF THE HILLS TC.CD.20L13 VA LOT12 O.P.RTC T. VILLAS OF THE HYLS T.C,C.U.200300061 O.PAT.C.T. ( Ld 74'0652' W :3 w 23.68' SURVEYOR'S NOTES. SURVEYED NOVEMBER 05 2019 FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TTELED: 20 FOOT MDE (0.172 ACRE) ELECTRIC EASB&NT LOCATED N THE C.T. R N.C. RR COMPANY SURVEY, ABSTRACT 22A41N TRAM COUNTY, TEXAS. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT THIS SURVEY WAS PERFORMED'MiHOLA THE BENEFIT OF A TITLE REPORT, THEREFORE THE SURVEYOR CERTWES THAT EASMENTS THAT HE HAS BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON. HOVd:VER. THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS RESTRICTIONS EXHIBIT OR ENWNtBRANCESIEITHEROFRECOROOR)6OTOFRECORDJANICH OF A 71) F'= WIDE 4179 ACRE) ELECTRIC BASEMENT MAY AFFECTTHESUeJECTTRACT ARE SHOANHEREON. LOCATED IN THE C.T. A 1M.G RR COMPANY SURVEY, THESEARINGSMOCOORDINATESSHOISNHEREON ARE BASEDUPON ABSTRACT i778, IN TEAY19 COUTiIi. TEXAS,MUGA THE TEXASSTATE PLANE COORDWATESYSTEM, NAD63.CENTRAL ZONE PORTION OF LOT 13, OF THE VILLAS OF THE BI= ACQUIRED FROM GLOBAL POSITIONING SYSTEM OaSERVATIONS, DISTANCES SHO'NN HEREON ARE SURFACE VALUES. OBTAINED WITH AN ACCORDING TO THE PLAT THEREOF RECORDED IN TRAYIS APPLJEDSCALEFACTOROF 1.03013.(GRID VALUE a SCALE FACTOR= ..41WAM V.11191 9:w1NT7 ULISJ[L'S LCJUUMKZT 2003000a16 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AND COHVBFSD TO CHRISTOPHER L ROG929 AND CASSIDY D. ROGER& BY DEED RECORDED UNDER TRAVIS COUNTY CLEWS, DOCUMENT 20IICIf MU OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. 1VARREN L Sir-WSON, Pi-S. a122 Isinysm�rrailiwp"a rsIan QC OPYRIGHT ALL RIGFTIS RF'.l'F RVF?D d P== engineers * surveyors B34 us Ciwr P"- Stile 1!4 a Avmn. Tens 7a746 Pi-- 1 512.3M-JVI - Y B.P.E. Rrq%bcan Nc. BCE] 111 P l i 9001l.UC4 N) 1317.317 I I '[I 1 *1 2I:9l GRAPHIC 5CALF IN F1+,T PI Vf No. J'14 PR0J. xo. 1411wll9 DRAF11-1)12 I T:\N PIAYT F1%%Rl._ I'NjI1G DRAI\:V BY. tow. \.IMF; 3-W619ES14T•PAICEL 167 %I.%I) alwn m IOGERS,DWG :-I Exhibit B ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS § That Christopher L. Rogers and Cassidy D. Rogers, 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 0.179 acre tract in the C.T. and M.C. R. R. Company Survey, Abstract No. 2278, Travis County, Texas, being a portion of Lot 13, of the Villas of the Hills Subdivision, of Record under Travis County Clerk's Document 20030064 of the Official Public Records of 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 �kRA ti , 20 21D [signature page follows] Parcel 167 Christopher L. Rogers and Cassidy D. Rogers GRANTOR: Cassidy D. ogers THE STATE OFF TEXAS COUNTY OF'1 YAVi S BEFORE ME, the undersigned authority, on this day personally appeared Christopher L. Rogers, 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 r day of Y V 4- 20 EO Not ublic in and for The State of Texas ROSA SARELI HUERTA THE STATE OF TEXAS PaY Pie', 1, Notary Public, State of Texas IIIS ;� Comm COUNTY OF �V. Expires 01-19 202t p1Ep"1�1p Notary ID 130969442 BEFORE ME, the undersigned authority, on this day personally appeared Cassidy D. Rogers, 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. _y GIVEN UNDER MY HAND AND SEAL OF OFFICE this`­)"�l day of 202-0 Notary Public in and for The State of Texas Please Return to: Cobb, Fendley & Associates, Inc. / Right of Way Department 505 E. Huntland Drive, Suite 100 Austin, TX 78752 Parcel 167 Christopher L. Rogers and Cassidy D. Rogers ROSA SARELI HUERTA ' Notary Public, State of Texas ..'PE Comm. Expires 01-19.2021 Notary ID 130969442 As, City of Round Rock ,j f ROUND ROCK 1 TEXAS Agenda Item Summary Agenda Number: Title: Consider execution of an Easement Purchase Agreement with Christopher and Cassidy Rogers for acquisition of a 0.179 acre electric utility easement required for the BCRUA Phase 2 Raw Water Delivery Project (Parcel 167). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 5/8/2020 Dept Director: Michael Thane, Utilities and Environmental Services Director Cost: $3,500.00 Indexes: Regional Water Fund Attachments: LAF-00445439.PDF, Parcel Map-00445438.PDF, Agreement-00445434. PDF Department: Utilities and Environmental Services Text of Legislative File CM-2020-134 The negotiated purchase price of $3,500 has been reviewed and approved by the operations committee, and the proposed purchase agreement has been recommended for approval and executed by the BCRUA General Manager. Cost: $3,500 Source of Funds: Regional Water Funds City of Round Rock Page 1 Printed on 51712020