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CM-2020-225 - 8/28/2020DocuSign Envelope ID: D2715600-7BA6-49B7-AF4F-4E5C4C9DDA7D 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: Pamela Gail Stone Mitchel and Joe Keith Mitchel Address: 11104 Trails End Rd., Leander TX, 78641, Travis County Phone: (512) 267-4351 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 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: Stacie Barnes Phone: (512) 337-0300 E-mail: Stacie.barnes@TexasNationalTitle.com Purchase Price: $ 4,000.00 County for Performance: Travis County, Texas A. Closing Documents Address: 305 Denali Pass Drive, Suite A Cedar Park, Texas 78613 Fax:(512) 853-5810 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: Easement Purchase Agreement — BCRUA Parcel 142 %M-,2v&,)- 2zS__ Page 116 DocuSign Envelope ID: D2715600-7BA6-49B7-AF4F-4E5C4C9DDA7D 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.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.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. 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 Easement Purchase Agreement — BCRUA Parcel 142 Page 216 DocuSign Envelope ID: D2715600-7BA6-49B7-AF4F-4E5C4C9DDA7D 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. 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 Easement Purchase Agreement — BCRUA Parcel 142 Page 316 DocuSign Envelope ID: D2715600-7BA6-49B7-AF4F-4E5C4C9DDA7D 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. F5. 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. F6. 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. F8. 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. F10. 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 Agreement — BCRUA Parcel 142 Page 416 DocuSign Envelope ID: D2715600-7BA6-49B7-AF4F-4E5C4C9DDA7D SELLER: Pamela Gail Stone Mitchel and Joe Keith Mitchel EP DoeuSlgned by: MLIA rlll�c shlA , WcLa AA929336B4CD4E8. By: Pamela Gail Stone Mitchel 7/30/2020 Date: CDocu ISlg��ne''dII by: 6t, �uiu. WGIA,t,c — AA929336840D4E8,. By: Joe Keith Mitchel 7/30/2020 Date: BUYER: City of Round Rock, a Texas home rule city f By: Title: Date: Easement Purchase Agreement — BCRUA Parcel 142 Page 516 DocuSign Envelope ID: D2715600-7BA6-49B7-AF4F-4E5C4C9DDA7D Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA) Docuftned by, 55B460DB1 MUM - By: Karen Bondy, General Manager 8/3/2020 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 142 Page 616 LDocuSign Envelope ID: D2715600-7BA6-49B7-AF4F-4E5C4C9DDA7D ...CRUA 142 PAMELA GAIL STONE MITCHEL AND JOE KEITH MITCHEL @)IF4�q�ne rsyors 804 Las Cimas Pkwy., Suite 150 Austin, Texas 78746 TWENTY FOOT WIDE (0.084 ACRE) ELECTRIC EASEMENT LOCATED IN THE SAMUEL HAYFORD SURVEY, ABSTRACT 2246 IN TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 20 FOOT WIDE (0.084 ACRE) STRIP OF LAND LOCATED IN SAMUEL HAYFORD SURVEY, ABSTRACT 2246, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 3.70 ACRE TRACT, DESCRIBED IN TRACT ONE, EXHIBIT "A", IN A DEED TO PAMELA GAIL STONE MITCHEL AND JOE KEITH MITCHEL, OF RECORD IN VOLUME 11883, PAGE 187, OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS (R.P.R.T.C.T.). SAID 0.084 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 IRON PIPE FOUND IN THE WEST RIGHT OF WAY LINE OF TRAILS END ROAD (80' RIGHT OF WAY) AS DESCRIBED IN VOLUME 1780, PAGE 441 OF THE DEED RECORDS TRAVIS COUNTY, TEXAS (D.R.T.C.T.), MARKING THE SOUTHEAST CORNER OF A CALLED 1.07 ACRE RIGHT OF WAY TRACT DESCRIBED IN EXHIBIT "B" IN A CONTRACT OF SALE TO ALLEN MARKOWITZ, OF RECORD IN VOLUME 7415. PAGE 182 OF SAID D.R.T.C.T. AND THE NORTHEAST CORNER OF SAID 3.70 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE S 24°40'52" W— 183.14'WITH THE WEST RIGHT OF WAY LINE OF TRAILS END ROAD, ALONG THE EAST LINE OF SAID 3.70 ACRE TRACT, TO A 3/8" IRON ROD FOUND MARKING THE NORTHEAST CORNER OF A CALLED 4.998 ACRE TRACT DESCRIBED IN A DEED TO REYNA GONZALEZ AND JOSE GONZALEZ, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT 2019087415 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS AND THE SOUTHEAST CORNER OF SAID 3.70 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE N 63°00'35" W — 20.02' WITH THE COMMON LINE BETWEEN SAID 3.70 ACRE TRACT AND SAID 4.998 ACRE TRACT, TO A POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE N 24°40'52" E—182.64' THROUGH THE INTERIOR OF SAID 3.70 ACRE TRACT, WEST OF, PARALLEL TO AND 20' AT RIGHT ANGLES FROM THE EAST LINE OF SAID 3.70 ACRE TRACT, TO A POINT IN THE COMMON LINE BETWEEN SAID 1.07 ACRE TRACT AND SAID 3.70 ACRE TRACT, AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE S 64°24'57" E — 20.00' WITH THE COMMON LINE BETWEEN SAID 3.70 ACRE TRACT AND SAID 1.07 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.084 ACRE OF LAND. SURVEYED BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 4122 ON NOVEMBER 20, 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. THE DISTANCES SHOWN HEREIN ARE SURFACE VALUES. WARREN L. SIMPSON, R.P.L.S. 4122 0.::.....a.�n.... WARREN L. SIMPSON ......... PROJ NO. 3-00619 ....... PLAT NO. Al-1766 9:OF4122 (3 FIELD NOTE NO. 142 Q•.fiSS�Q MAP CHECKED:01/28/2020 SURv �J www.WalkerFortners.com TBPE Registration No. 8053 1 TBPLS Registration No. 10194317 G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\ELECTRIC EASEMENTS\3-00619-FN-1 42 - MITCHEL.docx DocuSign Envelope ID: D2715600-7BA6-49B7-AF4F-4E5C4C9DDA7D DCRUA 142 PAMELA GAIL STONE MITCHEL AND JOE KEITH MITCHEL LEGEND W = WATER METER —O— =UTILITY POLE E— =GUYWIRE —E— = OVERHEAD ELECTRIC LINE —X— 4'HOG WIRE FENCE TELECOMMUNICATION SIGN = ELECTRIC EASEMENT AREA • = 318' IRON ROD FOUND Q =IRON PIPE FOUND D.RT.C.T. = DEED RECORDS TRAVIS COUNTY, TEXAS T.C.C.D. = TRAVIS COUNTY CLEWS DOCUMENT O.P.R.T.C.T. =OFFICIAL PUBLIC RECORDS TRAVIS COUNTY, TEXAS RP.RT.C.T. = REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS ( ) =DEED CALLS A M W 224% PAMELA GAIL STONE MITCHE AND JOE KEITH MITCHEL CALLED 3.70 ACRES TRACT ONE, EXHIBIT "A" VOLUME 11883, PAGE 187 R.P.R.T.C.T. REYNA GONZALEZ AND JOSE GONZALES CALLED 4.998 ACRES T.C.C. D 2019087415 0.084 ACRE Ig o.P,R.r.c.T. ELECTRIC EASEb N 24e40'52" E- 182.64' N 63"00'35" W 20.02' _ E — EX- 9 E ATF\ RIGHT OF WAY LINE S TRAILS END ROAD 80' WIDE RIGHT OF WAY VOLUME 1780, PAGE 441, D.R.T.C.T. RIGHT OF WAY LINE SURVEYOR'S NOTES: SURVEYED: NOVEMBER20,2D19 FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED: 20 FOOT WIDE (0.084 ACRE) ELECTRIC EASEMENT LOCATED IN THE SAMUEL HAYFORD SURVEY, ABSTRACT 2246, INTRAVIS COUNTY, TEXAS THE SURVEYOR DID NOTABSTRACT 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 SUBJE TRACT ARE SHOWN HEREON. THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THI TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS, DISTANC SHOWN HEREON ARE SURFACE VALUES, OBTAINED WITH AN APPLIED SCA FACTOR OF 1,00013. (GRID VALUE x SCALE FACTOR =SURFACE VALUE) ©COPYRIGHT ALL RIGHTS RESERVED % I � I I /rALLEN ACT OF SALE TO L MALOWITZ HT -OF -WAY ED 1.01 ACRES XHIBIT7415, PAGE 182, DAT.C.T. EYED TO THE PUBLIC CALLED 1.07 ACRES VOLUME 4854, PAGE 360 D.RT.C.T. 24`40'52" IN- 14' IS 26`4370' W-183.37J183. (2) WATER VALVES, (1) IRRIGATION CONTROL VALVE _ FIELD NOTE POINT OF BEGINNING GRID COORDINATES N10149889A9 Ea90018=1 S64`24'57"E 20.00' GATE EXHIBIT OF A 20 FOOT WIDE (0.084) ELECTRIC EASEMENT LOCATED IN THE SAMUEL HAYFORD SURVEY, ABSTRACT 2246, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 3.70 ACRE TRACT, DESCRIBED IN A DEED TO PAMELA GAIL STONE MITCHEL AND JOE KEITH MITCHEL, OF RECORD IN VOLUME 11883, PAGE 187, OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY TEXAS (51,�lker Partners engineers *surveyors 804 Las Clmas Pkwy., Sulle 150 • Austh, Texas 78746 Phone: 1512.382A021 • T.B.P.E. ReglsOatlon No. 80S3 T.S.P.L.S. Reglatralon No. 10194317 0 50 100 200 GRAPHIC SCALE IN FEET PLAT NO. Al-1766 PRO). NO. 3-00619 DRAFTEE TAB EXH F/N NO. 142 FB/PG 3-18 76 DRAWN DWG. NAME3-00619FSMT 142 NIITCIIEL MAP CHK'D DocuSign Envelope ID: D2715600-7BA6-49B7-AF4F-4E5C4C9DDA7D EXHIBIT "B " ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS § That , for and in consideration of TEN DOLLARS ($10.00) 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") a nonexclusive 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 Williamson County, Texas, to -wit: All of that certain acre ( square foot) tract in the Survey, Abstract No. County, Texas; being more fully described metes and bounds in Exhibit "A", attached hereto and incorporated herein (Parcel 1 VA 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 , 20 DocuSign Envelope ID: D2715600-7BA6-49B7-AF4F-4E5C4C9DDA7D GRANTOR: (Printed Corporate or Business Name) Its: (Signature) THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , 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 2" �E ` d, ` ,\ E . is l/ ( 3 � ■ ■ ' i� . �2 : . . - g! im , Jq - � � - � Q, % .� ¥ � \ a �%�- • ' City of Round Rock ROUND ROCK TEXA5 Agenda Item Summary Agenda Number: Title: Consider execution of an Easement Agreement with Pamela Gail Stone Mitchel and Joe Keith Mitchel for acquisition of a 0.084 acre electric utility easement required for the BCRUA Phase 2 Raw Water Delivery Project (Parcel 142). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 8/28/2020 Dept Director: Michael Thane, Director of Utilities and Environmental Services Department Cost: $4,000.00 Indexes: Regional Water Fund Attachments: MITCHEL(142)--Easement Agreement, MITCHEL(142)-Map Department: Utilities and Environmental Services Text of Legislative File CM-2020-225 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 Pamela Gail Stone Mitchel and Joe Keith Mitchel for the acquisition of 0.084 acre along their property. The negotiated purchase price for this easement is $4,000 and has been approved by the BCRUA Operations Committee. Cost: $4,000 Source of Funds: Regional Water Fund City of Round Rock Page 1 Punted on 812712020