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CM-2020-194 - 7/24/2020DocuSign Envelope ID: 7551F32B-5B93-456D-86A7-FDECF6DE4A1E 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: George Walter Henderson Address: P.O. Box 1705, Cedar Park, Texas 78630-1705, Travis County Phone: (512) 267-4482 Buyer: City of Round Rock a Texas home rule ci Address: 221 E. Main St. Round Rock, TX 78664 Williamson County Easement Property: that certain tract of land consisting of 0.24 acres, more or less, out of the Jose Antonio Ybarbo Survey, Abstract No. 840, Travis County, Texas, 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 Fax:(512) 853-5810 E-mail: Kristi.DobrinskiriiTexasNationalTitle.com Purchase Price: $1200.00 Country for Performance: Travis County, Texas Address: 305 Denali Pass Drive, Suite A Cedar Park, Texas 78613 614i- ' r Ar,reernent • B C R U A Parr.e! 094 Page 116 2026- I qT DocuSign Envelope ID: 7551F32B-5B93-456D-8BA7-FDECF6DE4A1E 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 Iisted 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 — Electric Utility Easement C. Purchase and Sale of Property Interests Purchase and fiale 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. 1). Closing 1).1. ('losing. 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. I.h. 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. Ltd. Possession. Seller will deliver possession of the Property Interests to Buyer, subject to the Permitted Title Exceptions existing at Closing. Fa.,ernr.-,)c P;jrchase Agreement — 8CRUA Parcel 094 Page 216 DocuSign Envelope ID: 7551F326-5B93-456D-8BA7-FDECF6DE4A1E D.2. Transaction Costs D. 2.a. Buyers 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.h. 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. SPecyj c 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. 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 other costs. Easement Purchase Agreement -- 8CRUA Parcel 094 Page 316 DocuSign Envelope ID: 7551 F32B-5B93-456D-8BA7-FDECF6DE4A1 E F. Miscellaneous Provisions F.1. Notices. Any notice required by or permitted under this contract must be in writing. F2. 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. Arrrendment. This contract may be amended only by a signed, written agreement. *4. Assignment. Buyer may assign this contract and Buyer's rights under it. F3. 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 Latin; Venue. This contract is to be construed under the laws of the State of texas. Venue is in the county for performance. F.?. 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. Severahility. 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 ripply 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. ?sc:mvnt Pi;rchase Agreement — BCRUA Parcel 094 Page 416 DocuSign Envelope ID: 7551F32l3-5l393-456D-8BA7-FDECF6DE4A1E SELLER: George Walter Henderson By: Keith P. Hendehon, his attorney in fact BLIYER: City of Round Rock, a Texas home rule city ` r, title: - �120zv Date Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA) DoeuSigned by: By: Karen Bondy, General Manager 6/25/2020 Date: Fi'-iLmen t Purchase Agreement -- BCRUA Parcel 094 Pare516 DocuSign Envelope ID: 7551F32B-5B93-456D-8BA7-FDECF6DE4A1E Title Company acknowledges receipt of a copy of this contract executed by both Buyer and Seller. By: Nance: Title: Date: i_a,nment Purchase Agreement •- 8CRUA Parr,el 094 page 616 BCRUA 094 GEORGE WALTER HENDERSON (9i ker Partners engineers * surveyors 600 Austin Ave., Suite 20 Waco, Texas 76701 20 FOOT WIDE (0.024 ACRE) ELECTRIC EASEMENT LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840 TRAVIS COUNTY, TEXAS EXHIBIT "A" FIELD NOTES FOR A 20 FOOT WIDE (0.024 ACRE) STRIP OF LAND LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840 IN TRAVIS COUNTY, TEXAS, BEING A PORTION 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 THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.). SAID 0.024 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 EAST CORNER OF SAID 0.164 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, BEING THE NORTH CORNER OF A 4.644 ACRE TRACT REFERENCED IN A DEED TO STEPHEN V. MEGNA, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2016032802 OF SAID O.P.R.T.C.T.; THENCE S 31°35'33" W — 20.01' WITH THE COMMON LINE OF SAID 0.164 ACRE TRACT AND SAID 4.644 ACRE TRACT, TO A POINT FOR THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND AT THE SOUTH CORNER OF SAID 4.644 ACRE TRACT BEARS S 31°35'33" W — 716.09'; THENCE N 57°04'06" W — 0.69' AND N 55°48'36" W — 51.67' THROUGH THE INTERIOR OF SAID 0.164 ACRE TRACT, TO A POINT IN THE FENCED COMMON LINE BETWEEN SAID 0.164 ACRE TRACT AND A CALLED 3.0 ACRE TRACT REFERENCED IN A DEED TO DARLENE VOIGHT, OF RECORD UNDER T.C.C.D. 2011121801 OF SAID O.P.R.T.C.T., AT THE WEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE N 29°19'51" E — 20.07' WITH THE COMMON LINE BETWEEN SAID 0.164 ACRE TRACT AND SAID 3.0 ACRE TRACT, TO A 1/2" IRON ROD FOUND AT THE EAST CORNER OF SAID 3.0 ACRE TRACT, BEING THE NORTH CORNER OF SAID 0.164 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE S 55°48'36" E — 53.16' ALONG THE SOUTHWEST MARGIN OF NAMELESS ROAD, WITH THE NORTHEAST LINE OF SAID 0.164 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.024 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. 0 F. TF SURVEYED: JULY 18, 2017 RELEASED: DECEMBER 20, 2017 �Q; G\SR+yam 41 WARREN L.. WARREN L. SIM ON, R.P.L.S. 4 2 .................. ....N `,ni 4122 9 O PROJ NO. 3-00619 •�;�SS\o;• 20 J PLAT NO. Al-1364 S [J Rv FIELD NOTE NO. 94 MAP CHECKED: 12/18/2017-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-94.docx BCRUA 094 GEORGE WALTER HENDERSON LEGEND • = 12' IRON ROD FOUND (UNLESS OTHERWISE NOTED) ( J = DEED CALLS [ ] =ADJOINER CALLS D.R.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 =EASEMENTAREA —X— =WIRE FENCE —C — = UTILITY POLE — E — = OVERHEAD ELECTRIC LINE — T — = OVERHEAD TELEPHONE LINE LINE TABLE LINE DIRECTION LENGTH L-1 S31. 35'33'W 20,01, L-2 N 57' 04' 06' W 0.69' L-3 N 55. 48' 36' W 51.67' LA N 29' 19 51' E 20.07' L-5 S 55' 4V 36' E 53.16' SURVEYOR'S NOTES: SURVEYED: JULY 18, 2017 RELEASE DATE: DECEMBER 20.2017 JIM AnUM YUM t,1+ "lllll A-:41"M I:fJ 7Aym "my, 7A:iza 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. FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED: 20 FOOT WIDE (0.024 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 NAMELESS ROAD (OCCUPIED WIDTH VARIES) \ IS 53'4T20' E 52.78') rRE MALTER RSON 64ACRE5 T 2 , PAGE 294 .C.T. 3 $ GEORGE WALTER HENDERSON CALLED 8.000 ACRES TRACT 1 VOLUME 12306, PAGE 2941 O.P.R.T.C.T. FIELD NOTE POINT OF BEGINNING GRID COORDINATES N:10159301.51' E0057093.02' ( STONE ) PLANTERS STEPHEN V. MEGNA CALLED 4.644 ACRES 1 T.C.C.D. 2016032802 O.P.R.T.C.T. r (NO DESCRIPTION PROVIDED IN DEED) V DESCRIBED IN VOLUME 8240 PAGE 304 OPRTCT. an �W w Y�3Y6� +Jlkill7Y, 7�� EXHIBIT OF A 20 FOOT WIDE (0.024 ACRE) ELECTRIC EASEMENT LOCATED IN THE LOSE ANTONIO SURVEY ABSTRACT 840 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 0.164 ACRE TRACT, DESCRIBED IN TRACT 2 1N A DEED TO GEORGE WALTER HENDERSON, OF RECORD IN VOLUME 12306, PAGE 2491, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. WARREN L SIMPSON, R.P.L.S. 4122 ol Isimpson@walkerpartners.wm Partners engineers *surveyors 600 Amfin Avenue. Suite 20 • Wam, Tesas 76701 Pnone: 1.254-714.1402 • T.B.P.E. Registra6an No.8053 T.B.P.LS. Registration No. 10032500 0 20 40 80 GRAPHIC SCALE IN FEET PLAT NO. Al-1364 PROJ. NO, 3-00619 DRAFTEDI2 1] 2017 TAB NA F/N NO. 094 FB/PG 3-3 47 DRAWN BY TBM DWG. NAME 3-00619ESNT-PARCEL 094 - MAP CHK'D 12 18 17 HENDERSON.DWG LU ±, 17 nw ci O 1�� CobbFendley MEMO TO Michael Thane, Utility & Environmental Services Director City of Round Rock FROM Lori Bible, Department Manager, Right -of -Way Services Cobb, Fendley & Associates, Inc. DATE June 14, 2020 PRO ECT BCRUA Nameless Electric Easement Rights PARCEL 094 OWNER George Walter Henderson Please find attached Easement Purchase Agreement signed by the property owner and agreed to by BCRUA. Please have the City Manager or designee sign the Easement Purchase Agreement and Settlement Statement. Also, please provide a check payable to Texas National Title for closing. C R Purchase Price: $1,200 Closing Costs: $719.56 TOTAL 1,919.56 Please feel free to contact me at 512-914-2201 or Ibible(a)cobbfendley. com with any questions or concerns. Lori Bible Department Manager, Right -of -Way Services Cobb, Fendley & Associates, Inc. 505 East Huntland Drive, Suite 100 i Austin, Texas 78752 i 512.834.9798 i fax 512.834.7727 i www.cobbfendley.com TBPE Firm Registration No. F-274 i TBPLS Registration No. 10046701 Texas National Title, Inc. 305 Denali Pass, Suite A Cedar Park, TX 78613 (512)337-0300 BORROWER(S) CLOSING STATEMENT Type: Sale Property: PARCEL 94, NAMELESS ROAD LEANDER, TX 78641 (TRAVIS) (186564) Borrower(s): CITY OF ROUND ROCK, A TEXAS HOME RULE CITY 221 E. Main St Round Rock, TX 78664 File Number: T-104564 Sales Price: $1,200.00 Close Date: 711712020 Legal Desc: Being a 0.024 acre tract of land, more or less, situated in the JOSE ANTONIO YBARBO SURVEY NO.421, ABSTRACT NO. 840, Travis County, Texas, being a portion of a called 0.164 acre tract of land described in Tract 2, in a Deed to George Walter Henderson recorded in Volume 12306, Page 2941, Real Property Records, Travis County, Texas. Said 0.024 acre tract being more particularly described by metes and bounds in Exhibit "A•1" attached hereto and made a part hereof. Note: Company does not represent that the above acreage and/or square footage calculations are correct. Description Debit Credit Deposits, Credits, Debits Contract sales price $1,200.00 Title Charges Title - Owners Title Insurance $1,200.00 Premium $328.00 to Texas National Title, Inc. $320.00 Endorsement(s) to Texas National Tifle, Inc. Tax Certificate Fee to Texas Real -Tax, Inc. $43.30 E-Recording Service Fee to Simplifile $4.26 Settlement or closing fee to Texas National Title, Inc. $300.00 Total: $300.00 $300.00 State of Texas Policy Guaranty Fee to Texas Tifle Insurance Guaranty Association $2.00 $2.00 Government Recording and Transfer Charges Recording fees: Deed $42.00 $42.00 Totals $1,919.56 $0.00 Balance Due FROM Borrower: $1,919.56 APPROVED AND ACCEPTED BORROWER(S) City of Round Rock, a Texas home rule city By: Stephen Sheets, City Attorney SETTLEMENT COORDINATOR Barnes File Number. T-104564 1 of 1 00- City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider execution of an Easement Purchase Agreement with George Walter Henderson for acquisition of a 0.024 acre electric utility easement required for the BCRUA Phase 2 Raw Water Delivery Project (Parcel 94). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 7/24/2020 Dept Director: Michael Thane, Utilities & Environmental Services Director Cost: $1,200.00 Indexes: Regional Water Fund Attachments: LAF-00450731.PDF, Aerial Exhibit-00450723.PDF, Rev Agreement-00450762. PDF Department: Utilities and Environmental Services Text of Legislative File CM-2020-194 The Brushy Creek Regional Utility Authority (BCRUA) is in the process of determining a route to construct an electrical power line in order to serve the pump station for the Phase 2 Raw Water Delivery Project. The City of Round Rock is handling all easement acquisitions for Phase 2 on behalf of the three partner cities, Cedar Park, Leander, and Round Rock. The negotiated purchase price of $1,200 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: $1,200.00 Source of Funds: Regional Water Fund City of Round Rock Page 1 Printed on 712312020