CM-2020-196 - 7/24/2020Easement 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: J.Davis Miller and Barbara N. Miller Trustees of the
J. Davis & Barbara N. Miller Living Trust
Address: 1009 Villa Hill Dr.
Leander, Texas 78641-5811
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 0.092 acre, more or less, out of the
C.T. and M.C. R.R. Company, Abstract 2278 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@TexasNationalTitle.com
Purchase Price:
$2,100.00
County for Performance: Travis County, Texas
!.d
Address: 305 Denali Pass Drive,
Suite A
Cedar Park, Texas 78613
Fax:(512) 853-5810
BCRUA Parcel 166 Page 116
W-2020— l�`�
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 A — 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.1. a. Closing Documents; Title Company Documents. The parties will execute and
deliver the Closing Documents and any documents required by Title Company,
D.l.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. Lc. 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.
Easernpnt Put chase Agreement — 8CRUA Parcel 166 Pagan 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. L 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.
Easernent Purchase Agreernent — BCRIJA Parcel 166 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.
F4. 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 Purchase Agreement -- BCRUA Parcel 1.66 PagP_416
SELLER: J.Davis Miller and Barbara N. Miller, Trustees of the J. Davis & Barbara N.
Miller Living Trust
Date:
BUYER: City of Round Rock, a Texas home rule city
By: Title:
12,LI12-0-2,6
Date:
Easement Purchase Agreerneent - 8C RIJA Parcel 166 Page 516
Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA)
By: Karen Bondy, General Manager
03/20/2020
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 16h Page 616
Exhibit A
BCRUA 166
J. DAVIS MILLER AND BARBARA N. MILLER LIVING TRUST
walker Partners
engineers * surveyors
804 Las Cimas Pkwy., Suite 150
Austin, Texas 78746
20 FOOT WIDE (0.092 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 (0,092 ACRE) ELECTRIC EASEMENT LOCATED IN THE C.T. AND M.C. R.R. COMPANY,
ABSTRACT 2278, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF LOT 12, OF VILLAS OF THE HILLS SUBDIVISION, OF
RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT 200300064 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
COUNTY, TEXAS AND CONVEYED TO J. DAVIS MILLER AND BARBARA N. MILLER, TRUSTEES OF THE J. DAVIS MILLER AND
BARBARA N, MILLER LIVING TRUST, BY DEED RECORDED UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.)
2016088682 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.). SAID 0.092 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 COTTON SPINDLE FOUND IN THE CURVING EAST RIGHT-OF-WAY LINE OF TRAILS END ROAD (VARIABLE
WIDTH), MARKING THE SOUTHWEST CORNER OF SAID LOT 12 AND THE HEREIN DESCRIBED EASEMENT, BEING THE
NORTHWEST CORNER OF LOT 11, OF SAID VILLAS OF THE HILLS SUBDIVISION, FROM WHICH A COTTON SPINDLE FOUND
MARKING THE SOUTH END OF SAID CURVE BEARS S 11°12'28" E - 39.76';
THENCE AN ARC LENGTH OF 154.03', WITH THE EAST RIGHT-OF-WAY LINE OF TRAILS END ROAD, ALONG A CURVE TO
THE RIGHT, WITH THE WEST LINE OF SAID LOT 12, HAVING A RADIUS OF 360.00', A CENTRAL ANGLE OF 24"30'52" AND A
CHORD WHICH BEARS N 04°12'53" E - 152.86' TO A 1/2" IRON ROD FOUND MARKING THE NORTH END OF SAID CURVE:
THENCE N 16°32'05" E-44.72' WITH THE EAST RIGHT-OF-WAY LINE OF TRAILS END ROAD, ALONG THE WEST LINE OF
SAID LOT 12 TO A POINT AT THE NORTHWEST CORNER OF SAID LOT 12 AND THE HEREIN DESCRIBED EASEMENT, BEING
THE SOUTHWEST CORNER OF LOT 13 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';
THENCE N 74008'52" E-23.68' WITH THE COMMON LINE BETWEEN SAID LOT 12 AND SAID LOT 13. TO A POINT AT THE
NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT;
THENCE S 16.32'05" W - 57.39' EAST OF, PARALLEL TO AND 20' AT RIGHT ANGLES FROM THE WEST LINE OF SAID LOT
12, TO A POINT AT THE BEGINNING OF A CURVE TO THE LEFT;
THENCE AN ARC LENGTH OF 142.76', CONTINUING EAST OF, PARALLEL TO AND 20' AT RIGHT ANGLES FROM THE WEST
LINE OF SAID LOT 12, ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 340.00', A CENTRAL ANGLE OF 24-03'25"
AND A CHORD WHICH BEARS S 04°26'3T W - 141.71' TO A POINT AT THE SOUTHEAST CORNER OF THE HEREIN
DESCRIBED EASEMENT, IN THE COMMON LINE BETWEEN SAID LOT 12 AND SAID LOT 11, OF VILLAS OF THE HILLS
SUBDIVISION;
THENCE S 74°14'01" W-20.19' WITH THE COMMON LINE BETWEEN SAID LOT 12 AND SAID LOT 11, RETURNING TO THE
POINT OF BEGINNING AND CONTAINING 0.092 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.
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WARREN L. SIMPSON
PROJ NO.3-00619 ■•••••4122
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PLAT NO. Al-1727
FIELD NOTE NO. 171 2� •....v�
MAP CHECKED: 1 2/0312019-JBM S U R
www.WalkerPartners.com
TBPE Registration No. 8053 1 TBPLS Registration No. 10194317
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THE I. DAVIS G BARBARA N. MILLER LIVING TRUST
LOT LEGEND
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T.C.CD. 200300084 (UNLESS OTHERWISE NOTED
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=PLAT CALLS
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J. DAVIS MILLER AND BARBARA N. M LLER
TRUSTEES OF THE J. DAVIS AND
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T.C.C.D. 2016088682 1J \
O.PR.T.C.T.
LOT 12
VILLAS OF THE HILLS /
7.C.C,D.20QT00084
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LOT 11
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TEED NOTE PO[NT
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GRID COORDINATES
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EXHIBIT
OF A 20 FOOT WIDE (0.092 ACRE) ELECTRIC
EASEMENT LOCATED IN THE C.T. 8 M.C. RR COMPANY
SURVEY, ABSTRACT 2278, IN TRAVIS COUNTY, TEXAS,
BEING A PORTION OF LOT I$ OF VILLAS OF THE
HILLS SUBDIVISION, OF RECORD UNDER TRAVIS
COUNTY CLERK'S DOCUMENT 200300064, OF THE
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
TEXAS, AND CONVEYED 70). DAVIS MILLER AND
BARBARA N. MILLER, TRUSTEES OF THE J. DAVIS &
BARBARA N. MILLER LIVING TRUST, BY DEED
RECORDED UNDER TRAVIS COUNTY CLERK'S
DOCUMENT 2016088682 OF THE OFFICIAL PUBLIC
\
LINE TABLE
LINE
DIRECTION
LENGTH
L-1
N 16' 3Y 05' E
44.7T
E)
(44.29)
L-2
N74'OB'5TE
23W
L3
S 16, 32' 05, W
57.39
L4
S74-14'01-W
20.19
CURVE TABLE
CURVE
LENGTH
RADIUS
I DELTA
CHORD
C-1
154.03,
360.00'
24*30'52'
1 N 04' 12' Sr E-152.86'
(G1)
(360.00)
(N 05' 24' 13- E • 152.941
C-2
142.76
340.W
24.03'25'
106-19WIS
I S 04' 2F 36' W • 141.71'
C-3
39.78'
360.00'
11' 12- 26' E - 39.76
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SURVEYOR'S NOTES'
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SURVEYED: NOVEMBER 05, 2019
FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED:
20 FOOT WADE (0.092 ACRE) ELECTRIC EASEMENT LOCATED IN THE C.T. A
M.C. RR COMPANY SURVEY, ABSTRACT 2278, N TRAVIS COUNTY, TEJGS.
THE SURVEYOR DIO NOTABSTRACT THE SUBJECT TRACT. THIS SURVEY
WAS PERFORMED WITHOUT THE BENEFITOF A TITLE REPORT,
THEREFORE THE SURVEYOR CERTIFIES THAT EASEMENTS THATHE HAS
BEEN ADVISED OF HAVE SEEN ADDRESSED HEREON. HOWEVER, THE
SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS, RESTRICTIONS
OR ENCUMBRANCES (ETHEROFRECOR00RNOT OFRECORD)WHICH
MAY AFFECT THE SUBJECT TRACT ARE SHOWN HEREON.
THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON
THE TEXASS7ATE PLANE COORDINATE SYSTEM. NA083. CENTRAL ZONE
ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS AND
DISTANCES SHOWN HEREON ARE SURFACE VALUES
RECORDSOF TRAVIS COUNTY, TEXAS.
(Z) COPYRIGHT ALL RIGHTS RESERVED WARREN L. SIMPSON, RPj.s.4lZ2
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PLATNO. AI-1727 PROJ.NO. 3-00619
DRAFTED 12 03 (9
T.SD.E. Regimbn No. 5053
T 6 P L.9 Re9ig1 don No 10194317DkX
TAB NA F/N NO. 166 FB/PG -
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Exhibit, ,&
ELECTRIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS §
That J. Davis Miller and Barbara N. Miller, Trustees of the J. Davis & Barbara N. Miller Living Trust, 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 0.092 acre tract in the C.T. and M.C. R.R. Company, Abstract No. 2278, 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
[signature page follows]
20
Parcel 166 (J. Davis Miller and Barbara N. Miller, Trustees of the J. Davis & Barbara N. Miller Living Trust)
1
GRANTOR:
J. Davis Miller and Barbara N. Miller, Trustees of the
J. Davis & Barbara N. Miller Living Trust
By . Davis Miller, Trustee
�0-
By: Barbara N. Miller, Trustee
Date: j r C `C;� O &0
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared J. Davis Miller and
Barbara N. Miller, Trustees, 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 G7 day of
& V4,20W.
MARCUS NEIL SMITH
Notary ID #125751612
M February s25�, Expires
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 166 (J. Davis Miller and Barbara N. Miller, Trustees of the J. Davis & Barbara N. Miller Living Trust)
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City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider execution of an Easement Purchase Agreement with J. Davis Miller
and Barbara N. Miller, Trustees of the J. Davis & Barbara N. Miller Living
Trust, for acquisition of a 0.092 acre electric utility easement required for the
BCRUA Phase 2 Raw Water Delivery Project (Parcel 166).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/24/2020
Dept Director: Michael Thane, Utilities & Environmental Services Director
Cost: $2,100.00
Indexes: Regional Water Fund
Attachments: LAF-00450732.PDF, Agreement-MILLER(166)--.pdf, Aerial
Exhibit-00450730. P D F
Department: Utilities and Environmental Services
Text of Legislative File CM-2020-196
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 $2,100 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: $2,100.00
Source of Funds: Regional Water Fund
City of Round Rock Page 1 Printed on 712312020