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CM-2020-164 - 6/12/2020
DocuSign Envelope ID: BF433872-5DB5-4809-9020-1652BFEBA8EC 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: Alejandro Petiton, a single man Easement Property Address: 23628 Nameless Rd. Leander, Texas 78641 Travis County Mailing Address: 14327 Ridge Falls Dr. San Antonio, Texas 78233 Bexar 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 0.294 acre, more or less, out of the Jose Antonio Ybarbo Survey, Abstract 840 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 ar,TexasNationalTitle.com Purchase Price: $ 17,000.00 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 095 Page 116 M-2.O2v -1G DocuSign Envelope ID: BF433872-5DB5-4809-9020-1652BFEBA8EC A. Closing Documents A.1. At Closing, Seller will deliver the following items: Electric Utility Easement in the same form and substance as the attached Exhibit `B". 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 A —Easement Property Description Exhbit 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. La. 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.l.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. Easement Purchase Agreement — BCRUA Parcel 095 Page 216 DocuSign Envelope ID: BF433872-5DB5-4809-9020-1652BFEBA8EC 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 095 Page 316 DocuSign Envelope ID: BF433872-5DB5-4809-9020-1652BFEBA8EC 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.11. Binding Effect. This contract binds, benefits and maybe enforced by the parties and their respective heirs, successors, and permitted assigns. Easement Purchase Agreement — BCRUA Parcel 095 Page 416 DocuSign Envelope ID: BF433872-5DB5-4809-9020-16526FEBA8EC SELLER: Alejandro Petiton E DocuSigned by: GriLyN� iUM1�iOw F629FBC87E6B4D6... 5/24/2020 Date: BUYER: City of Round Rock, a Texas home rule city Ana By: Title: Date: Easement Purchase Agreement — BCRUA Parcel 095 Page 516 DocuSign Envelope ID: BF433872-5DB5-4809-9020-1652BFEBA8EC Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA) EDocuSigned by: 558460DB1D5C4A0.., By: Karen Bondy, General Manager 5/26/2020 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 Parcel 095 Page 616 DocuSign Envelope ID: BF433872-5DB5-4809-9020-1652BFEBA8EC L 'RUA 095 EXHIBIT "A" DARLENE VOIGT Ialker Partners engineers * surveyors 600 Austin Ave., Suite 20 Waco, Texas 76701 20 FOOT WIDE (0.294 ACRE) ELECTRIC EASEMENT LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840 TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 20 FOOT WIDE (0.294 ACRE) STRIP OF LAND LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 3.0 ACRE TRACT REFERENCED IN A DEED TO DARLENE VOIGT, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2011121801 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND DESCRIBED IN A DEED RECORDED IN VOLUME 1037, PAGE 265 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. SAID 0.294 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 1/2" IRON ROD FOUND IN THE SOUTHWEST MARGIN OF NAMELESS ROAD, MARKING THE NORTH CORNER OF A CALLED 0.164 ACRE TRACT DESCRIBED IN TRACT 2 IN A DEED TO GEORGE WALTER HENDERSON, OF RECORD IN VOLUME 12306, PAGE 2941 OF SAID O.P.R.T.C.T. AND THE EAST CORNER OF SAID 3.0 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE S 29°19'51" W — 20.07' WITH THE FENCED COMMON LINE OF SAID 0.164 ACRE TRACT AND SAID 3.0 ACRE TRACT, TO A POINT FOR THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT, THENCE N 55°48'36" W — 1.23' AND N 58°30'09" W — 638.73' THROUGH THE INTERIOR OF SAID 3.0 ACRE TRACT, TO A POINT IN THE FENCED COMMON LINE BETWEEN SAID 3.0 ACRE TRACT AND A CALLED 107.307 ACRE TRACT DESCRIBED IN A DEED TO TEXAS LAND FUND NO. 6, L.P., OF RECORD IN T.C.C.D. 2007175662 OF THE O.P.R.T.C.T.. AT THE WEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND MARKING THE MOST WESTERLY NORTH CORNER OF A CALLED 8.000 ACRE TRACT DESCRIBED IN TRACT 1 IN SAID DEED TO GEORGE WALTER HENDERSON BEARS S 28°08'24" W — 364.47'; THENCE N 28'08'24" E — 20.03' WITH THE COMMON LINE BETWEEN SAID 3.0 ACRE TRACT AND SAID 107.307 ACRE TRACT, A 1/2" IRON ROD FOUND IN THE SOUTHWEST MARGIN OF NAMELESS ROAD, MARKING THE EAST CORNER OF SAID 107.307 ACRE TRACT, BEING THE NORTH CORNER OF SAID 3.0 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE S 58°30'09" E — 640.37' ALONG THE SOUTHWEST MARGIN OF NAMELESS ROAD, WITH THE NORTHEAST LINE OF SAID 3.0 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.294 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. THE DISTANCES SHOWN HEREIN ARE SURFACE VALUES. /\ SURVEYED: AUGUST 22, 2017 0 F %F RELEASED: JANUARY 2, 2018CO �P••G\STER'•9 .................. .� WARREN L. SIMPSON .................. WARREN L. SIM ON, R.P.L.S. 4 2 4122 — ��iO0,C PROJ NO. 3-00619 FSS1a:•y� PLAT NO. Al-1366 S FIELD NOTE NO. 095 MAP CHECKED: 12/19/2017-JBM www.WalkerPartners.com TBPE Registration No. 8053 I TBPLS Registration No. 10032500 G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-95.docx DocuSign Envelope ID BF433872-5DB5-4809-9020-1652BFEBA8EC _ RUA 095 DARLENE VOIGT TEXAS LAND FUND NO.6. L.P. CALLED 107.307 ACRES T.C.C,D. 2007175662 TWA MUM, TMA -J O.P.R.T.C.T. °OB'24" W 171,97' 30'25'0D- W 192.00')NE VOIGTEORGE WALTER I 3.0 ACRESHENDERSON 4D.R.T.C.T. 2011121801CALLED 8.000 ACRES R.T.C.T.TRACT 1 N PROVIDED IN DEED)VOLUME 12306, PAGE 2941 O.P.R.T.RIBED IN037, PAGE 265.T.C.T. LINE TABLE LINE DIRECTION LENGTH L-1 S 29- 19- 51- W 20.0T L-2 N 55- 48' 36' W 1 23' L-3 N 28- 08- 24- E 20,03' COVERED qjT AREA r I-STORRI WOODENBUILDING BUILDING ^3 (ON CONCRETE SLAB) r, 2 , GEORGE WALTER HENDERSON :n CALLED 8.000 ACRES "0 0.294 ACRE J TRACT - EASEMENT VOLUME 12306, PAGE 2941 O.P.R.T.C.T. y1 GEORGE WALTER HENDERSON CALLED 0.164 ACRES TRACT 2 VOLUME 12306, PAG 22941 O.P.R.T.C.T. SURVEYOR'S NOTES: STEPHEN V. MEGNA CALLED 4.644 ACRES SURVEYED: AUGUST 22, 2017 T.C.C.D. 2016032802 O.P.R.T.C.T. RELEASE DATE: JANUARY 2, 2018 FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED: 20 FOOT WIDE (0194 ACRE) ELECTRIC EASEMENT LOCATED IN THE JOSE ANTONIO SURVEY ABSTRACT 840, TRAVIS COUNTY, TEXAS. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE THE SURVEYOR CERTIFIES THAT EASEMENTS THAT HE HAS BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON. HOWEVER, THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS, RESTRICTIONS OR ENCUMBRANCES (EITHER OF RECORD OR NOT OF RECORD) WHICH MAY AFFECT THE SUBJECT TRACT ARE SHOWN HEREON. THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THE TEXAS STATE PLANE CDORDINATE SYSTEM, NAD 83, CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. DISTANCES SHOWN HEREON ARE SURFACE VALUES. ©COPYRIGI IT ALL RIGI ITS RI -SERVED W 148.50) WIRE STONE PLANTER 1 LEGEND • = IrT IRON ROD FOUND (UNLESS OTHERWISE NOTED) ( ) =DEED CALLS DA T.C.T. = DEED RECORDS TRAVIS COUNTY, TEXAS T.C.C.D. =TRAVIS COUNTY CLERK'S DOCUMENT O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS TRAVIS COUNTY, TEXAS = EASEMENT AREA —X— =WIRE FENCE -0-- =UTILITY POLE — E — = OVERHEAD ELECTRIC LINE —T— = OVERHEAD TELEPHONE LINE e ,,—STONEPLANTER CONCRETE WALK T. STONE WALL s�yq ��-STONE WALL TI' s (1ci �1q� Wu 0 g J M y Z FIELD NOTE POINT OF BEGINNING GRID COORDINATES EXHIBIT OF A 20' FOOT WIDE (0294 ACRE) ELECTRIC EASEMENT LOCATED IN THE JOSE ANTONIO SURVEY ABSTRACT 840 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 3A ACRE TRACT, REFERENCED IN A DEED TO DARLENE VOIGT, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C-D.) 2011121801 OF THE OFFICAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.TJ AND DESCRIBED IN A DEED RECORDED IN VOLUME 1037, PAGE 265 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. WARREN L. SIMPSON, R.P.L.S.4122 Isimpwn@wslkerpadners.com Walker Partners engineers * surveyors 800 Aus4n Avetwe, Suite 20 • Wem, Texas 76701 Phom: 1454.714.1402• T.B.P.E.Reglseavan No,8053 T,B,P.LA. Regiwa4on No. 10032500 0 50 100 2(X) GRAPIIIC SCALE IN ITET PLAT NO. Al-1366 PROD. NO. 3-00679 DRATTED 12 TAB NA P/N NO. 095 FB/PG 3-3 52 DRA\VN BY, DWIG. NAME 3-OD619ESW-PARCEL 095 - MAP CHICD 12, VOIGT.DWG DocuSign Envelope ID: BF433872-5DB5-4809-9020-1652BFEBA8EC Exhibit B ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS That Alejandro Petiton, 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 0.294 acre tract in the Jose Antonio Ybarbo Survey, Abstract No. 840, 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 Parcel 095 (Alejandro Petiton) day of [signature page follows] DocuSign Envelope ID: BF433872-5DB5-4809-9020-1652BFEBA8EC GRANTOR: Alejandro Petiton Signature: Print Name: Date: THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Alejandro Petition, 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 Parcel 095 (Alejandro Petiton) DocuSign Envelope ID: BF433872-5DB5-4809-9020-1652BFEBA8EC L,]RUA 095 DARLENE VOIGT EXHIBIT "A" Walker Partners engineers * surveyors 600 Austin Ave., Suite 20 Waco, Texas 76701 20 FOOT WIDE (0.294 ACRE) ELECTRIC EASEMENT LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840 TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 20 FOOT WIDE (0.294 ACRE) STRIP OF LAND LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 3.0 ACRE TRACT REFERENCED IN A DEED TO DARLENE VOIGT, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2011121801 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND DESCRIBED IN A DEED RECORDED IN VOLUME 1037, PAGE 265 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. SAID 0.294 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 1/2" IRON ROD FOUND IN THE SOUTHWEST MARGIN OF NAMELESS ROAD, MARKING THE NORTH CORNER OF A CALLED 0.164 ACRE TRACT DESCRIBED IN TRACT 2 IN A DEED TO GEORGE WALTER HENDERSON, OF RECORD IN VOLUME 12306, PAGE 2941 OF SAID O.P.R.T.C.T. AND THE EAST CORNER OF SAID 3.0 ACRE TRACTAND THE HEREIN DESCRIBED EASEMENT; THENCE S 29°19'51" W — 20.07' WITH THE FENCED COMMON LINE OF SAID 0.164 ACRE TRACT AND SAID 3.0 ACRE TRACT, TO A POINT FOR THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE N 55°48'36" W— 1.23'AND N 58°30'09" W — 638.73' THROUGH THE INTERIOR OF SAID 3.0 ACRE TRACT, TO A POINT IN THE FENCED COMMON LINE BETWEEN SAID 3.0 ACRE TRACT AND A CALLED 107 307 ACRE TRACT DESCRIBED IN A DEED TO TEXAS LAND FUND NO. 6, L.P., OF RECORD IN T.C.C.D. 2007175662 OF THE O.P.R.T.C.T., AT THE WEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND MARKING THE MOST WESTERLY NORTH CORNER OF A CALLED 8.000 ACRE TRACT DESCRIBED IN TRACT 1 IN SAID DEED TO GEORGE WALTER HENDERSON BEARS S 28*08'24" W — 364.47'; THENCE N 28°08'24" E — 20.03' WITH THE COMMON LINE BETWEEN SAID 3.0 ACRE TRACT AND SAID 107.307 ACRE TRACT, A 1/2" IRON ROD FOUND IN THE SOUTHWEST MARGIN OF NAMELESS ROAD, MARKING THE EAST CORNER OF SAID 107.307 ACRE TRACT, BEING THE NORTH CORNER OF SAID 3.0 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE S 58°30'09" E — 640.37' ALONG THE SOUTHWEST MARGIN OF NAMELESS ROAD, WITH THE NORTHEAST LINE OF SAID 3.0 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.294 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. THE DISTANCES SHOWN HEREIN ARE SURFACE VALUES. /\ SURVEYED: AUGUST 22, 2017 0 F % RELEASED: JANUARY 2, 2018 �Q;••'\STER•• y .................. WARREN L. SIMPSON WARREN L. SIM ON, R.P.L.S. 4 2 �� 4122 �iji'?FESS�q: PROJ NO. 3-00619 PLAT NO. Al-1366 S U Rv� FIELD NOTE NO. 095 MAP CHECKED: 12/19/2017-JBM www.WalkerPartners.com TBPE Registration No. 8053 1 TBPLS Registration No. 10032500 G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-95.docx DocuSign Envelope ID: BF433872-5DB5-4809-9020-16526FEBASEC .RUA 095 DARLENE VOIGT to la IA' & & JW S9. �14r TEXAS LAND FUND 6, L.P. CALLED 101.301 ACC RES ..11 ���� M37st4 r =� T.C.C.D. 2007175662 1"Vid` 11III lam O.P.R.T.C.T. ZEORGE WALTER HENDERSON CALLED 8000 ACRES TRACT 1 VOLUME 12306, PAGE 2941 0 PAT C,T. LINE TABLE LINE DIRECTION LENGTH L-1 S 29' 1V 1' W 20.07' L-2 48' 36. W 1.23' L-3 N 28° 09 24' E 20.03' SURVEYOR'S NOTES: SURVEYED: AUGUST 22,2017 W DARLENE VOIGT CALLED 3.0 ACRES T.C.C.D.2011121801 O.P.R.T.C.T. (NO DESCRIPTION PROVIDED IN DEED) DESCRIBED IN VOLUME 1037, PAGE 265 D.R.T.C.T. COVERED AREAA I 1-STORY WOODEN BUILDING (ON CONCRETE SLAB) I GEORGE WALTER HENDERSON CALLED 8.000ACRES TRACT VOLUME 12306, PAGE 2941 O.P.R.T.C.T. GEORGE WALTER HENDERSON CALLED 0.164 ACRES TRACT 2 VOLUME 12306, PAGE 2941 O.P.R.T.C.T. STEPHEN V. MEGNA CALLED 4.644 ACRES T.C.C.D. 2016032802 D.P.R.T.C.T, RELEASE DATE: JANUARY 2, 2018 FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED: 20 FOOT WIDE (0294 ACRE) ELECTRIC EASEMENT LOCATED IN THE JOSE ANTONIO SURVEY ABSTRACT 840, TRAVIS COUNTY, TEXAS. THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE THE SURVEYOR CERTIFIES THAT EASEMENTS THAT HE HAS BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON. HOWEVER, THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS, RESTRICTIONS OR ENCUMBRANCES (EITHER OF RECORD OR NOT OF RECORD) WHICH MAY AFFECT THE SUBJECT TRACT ARE SHOWN HEREON. THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. DISTANCES SHOWN HEREON ARE SURFACE VALUES. © COPYRIGHT ALL RIGHTS RESERVED �L -:Y "7 0.294 ACRE 3 EASEMENT 1 L-2- (S 32°09'00' W 148.5 SS 29°7951' W 128128. t WIRE STONE PLANTER i LEGEND • ,= 12'IRON ROD FOUND (UNLESS OTHERWISE NOTED) ( ) =DEED CALLS D.RTC.T = DEED RECORDS TRAVIS COUNTY, TEXAS T.C.C.D =TRAVIS COUNTY CLERK'S DOCUMENT O.P.R.T.C.T. =OFFICIAL PUBLIC RECORDS TRAVIS COUNTY, TEXAS =EASEMENT AREA —X— =WIRE FENCE -<>- =UTILITY POLE —E— = OVERHEAD ELECTRIC LINE —T— = OVERHEAD TELEPHONE LINE F STONE PLANTER CONCRETE WALK A+ STONE WALL � `STONE WALL 3 Qf ago Q a 0 �A A� it w 5 2 LU iNLU c.., i�4j yyQ� Z O �� FIELD NOTE POINT OF BEGINNING GRID COORDINATES N:1015933L38' E:3057049.06' EXHIBIT OF A 20' FOOT WIDE (0294 ACRE) ELECTRIC EASEMENT LOCATED IN THE JOSE ANTONIO SURVEY ABSTRACT 840 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED &0 ACRE TRACT, REFERENCED IN A DEED TO DARLENE VOIGT, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.DJ 2011121801 OF THE OFFICAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.PJLT.C.TJ AND DESCRIBED IN A DEED RECORDED IN VOLUME 1037, PAGE 265 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. WARREN L. SIMPSON, R.P.L.S. 4122 If Isimpmn@walkerpartners.wm @I4�� PPartnersers * surveyors 600 Ausin Aveme, SLdla 20 • Wem, Texas 76701 Phone: 1-254-714-1402 • T.B.P.E. Reglssadon No. 8053 T.B.P.L.S. Regis0e44n No. 10032500 0 50 100 200 GRAPI IIC SCALE IN FRET PLAT NO. A7-1366 PROJ. NO. 3 00619 DRAFTED 12 19 17 TAB NA F/N NO. 095 FB/PG 3 3 52 DRAWN BY TBM D\CrG. NAME 3-00619ESMT-PARCEL 095 - MAP CI IK'D 12 19 17 VOIGJ.DWG t � 6 ` F ti t • • -rte � r •i E r rte. N U Its ocla, (3•� O CJ /r�i kr 4w City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider execution of an Easement Purchase Agreement with Alejandro Petiton for acquisition of a 0.294 acre electric utility easement required for the BCRUA Phase 2 Raw Water Delivery Project (Parcel 95). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 6/12/2020 Dept Director. Michael Thane, Director of Utilities and Environmental Services Cost: $17,000.00 Indexes: Regional Water Fund Attachments: Easement, Map Department: Utilities and Environmental Services Text of Legislative File CM-2020-164 The Brushy Creek Regional Utility Authority (BCRUA) is in the process of acquiring easements necessary for the construction of an electrical line that is required in order to provide power to the future pump station for the Phase 2 Deep Water Intake project. The Easement Purchase Agreement is with Alejandro Petiton for the acquisition of 0.294 acre along his property. The negotiated purchase price for this easement is $17,000 and has been approved by the BCRUA Operations Committee. Cost: $17,000 Source of Funds: Regional Water Fund City of Round Rock Page 1 Printed on 611112020