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CM-2020-235 - 9/4/2020DocuSign Envelope ID: A1358366-624E-465A-A523-680E8873D5E3 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: Edwin J. Bailen and Irene Beattie Address: 10405 Lime Creek Road 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 0.095 acre, more or less, out of the Texas Central Railroad Company Survey No. 193, Abstract 2236, 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(c,)TexasNationalTitle.com Purchase Price: $ 3,000.00 County for Performance: Travis County, Texas Address: 305 Denali Pass Drive, Suite A Cedar Park, Texas 78613 Fax:(512) 853-5810 Easement Purchase greement — BCRUA Parcel 120 Page 116 DocuSign Envelope ID: A1358366-624E-465A-A523-680E8873D5E3 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.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.I.c. Disbursement of Funds; Recording; Copies. Title Company will be instructed to disburse the Purchase Price and other fiends 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 120 Page 216 DocuSign Envelope ID: A1358366-624E-465A-A523-680E8873D5E3 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 120 Page 316 DocuSign Envelope ID: A1358366-624E-465A-A523-680E8873D5E3 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 may be enforced by the parties and their respective heirs, successors, and permitted assigns. Easement Purchase Agreement — BCRUA Parcel 120 Page 416 DocuSign Envelope ID: A1358366-624E-465A-A523-680E8873D5E3 SELLER: Edwin J. Bailen and Irene Beattie D�o1cu�S�i�g(n�e(`tlb EJ 8DS58P07CA384C7.., By: Edwin J. Bailen 8/19/2020 Date: Docu9igned by: 9E42DC972631483.._ By: Irene Beattie 8/19/2020 Date: BUYER: City of Round Rock, a Texas home rule city By: Title: Date: Easement Purchase Agreement — BCRUA Parcel 120 Page 516 DocuSign Envelope ID: A1358366-624E-465A-A523-680E8873D5E3 Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA) DocuSlgned by: 558460DB1 D5c4A0... By: Karen Bondy, General Manager 8/19/2020 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 120 Page 616 DocuSign Envelope ID: A1358366-624E-465A-A523-680E8873D5E3 �CRUA 120 . ,... EDWIN J. BAILEN AND IRENE BEATTIE walker Partners engineers *surveyors 804 Las Cimas Pkwy., Suite 150 Austin, Texas 78746 TWENTY FOOT WIDE 0.095 ACRE ELECTRIC EASEMENT LOCATED IN THE TEXAS CENTRAL RAILROAD COMPANY SURVEY, ABSTRACT 2236 IN TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 20 FOOT WIDE (0.095 ACRE) STRIP OF LAND LOCATED IN THE TEXAS CENTRAL RAILROAD COMPANY SURVEY, ABSTRACT 2236, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 10.007 ACRE TRACT, DESCRIBED IN A DEED TO EDWIN J. BAILEN AND IRENE BEATTIE, OF RECORD IN VOLUME 8792, PAGE 484 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS (R.P.R.T.C.T.), OF WHICH IS A PORTION OF LOT 19, OF RED WAGON RANCHETTES, SECTION 2, OF RECORD IN VOLUME 13, PAGE 54, OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS. SAID 0.095 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 COMMON LINE BETWEEN SAID 10.007 ACRE TRACT AND A CALLED 20.222 ACRE TRACT, DESCRIBED IN A DEED TO BARRY J. ERENWERT AND DEBRA C. ERENWERT, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2013041390 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.), AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND IN THE EAST MARGIN OF LIME CREEK ROAD, MARKING THE SOUTHWEST CORNER OF SAID 20.222 ACRE TRACT AND THE NORTHWEST CORNER OF SAID 10.007 ACRE TRACT BEARS N 78*59'17" W — 122.64'; THENCE S 78°59'17" E — 20.37', WITH THE COMMON LINE BETWEEN SAID 20.222 ACRE TRACT AND SAID 10.007 ACRE, TO A POINT AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE S 21 °59'05" W — 208.54' THROUGH THE INTERIOR OF SAID 10.007 ACRE TRACT, TO A POINT IN THE COMMON LINE BETWEEN SAID 10.007 ACRE TRACT AND A CALLED 1.27 ACRE TRACT DESCRIBED IN A DEED TO BRIAN E. STEENSLAND, OF RECORD UNDER T.C.C.D. 2011028824 OF SAID O.P.R.T.C.T., AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE N 69°36'48" W—18.12', WITH THE COMMON LINE BETWEEN SAID 10.007 ACRE TRACT AND SAID 1.27 ACRE TRACT, TO A 1/2" IRON PIPE FOUND IN THE EAST MARGIN OF LIME CREEK ROAD, MARKING THE NORTHWEST CORNER OF SAID 1.27 ACRE TRACT AND THE SOUTHWEST CORNER OF SAID 10.007 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE N 11*56'18" W — 3.38', WITH THE EAST MARGIN OF LIME CREEK ROAD, ALONG THE WEST LINE OF SAID 10.007 ACRE TRACT, TO A POINT FOR A WEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE N 21 °59'05" E — 202.36', THROUGH THE INTERIOR OF SAID 10.007 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.095 ACRE OF LAND. SURVEYED BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 4122 ON NOVEMBER 25, 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. OF yam/ (YWVWARREN L. SIMPSON, R.P.L.S. 4122 .......... L. SIMPSON PROJ NO. 3-00619 PLAT NO. Al-1781?2�:•�FIELD NOTE NO. 120U ¢v�N MAP CHECKED: 02/10/2020-WCH www.WalkerPartners.com TBPE Registration No. 8053 1 TBPLS Registration No. 10194317 G:\Projects\3-00619\3 Phase 2 Land Rights\l Survey\1.5 Final Copies\Field Notes\ELECTRIC EASEMENTS\3-00619-FN-120 - BAILEN AND BEATTIE.docx DocuSign Envelope ID: A1358366-624E-465A-A523-680EB873D5E3 tsxCUA 120 EDWIN J. BAILEN AND IRENE BEATTIE LEGEND — T — = OVERHEAD TELEPHONE LINE —E— = OVERHEAD ELECTRIC LINE --0- = WOODEN UTILITY POLE E— =GUY WIRE =EASEMENT AREA 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 P.R.T.C.T. = PLAT RECORDS TRAVIS COUNTY, TEXAS R.P.R.T.C.T. = REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS ( ) =DEED CALLS 7. .At WWI. aalla .d6' °-Aby <MAl.97 Ami", W U91j, 7;3 vid A W1111, 1-43 PORTION OF LOT 1S AND LOT 19 RED riAGON RANCHET E-, SECTION 2 BOOK 13, PAUE 56 F.R.'I.C.T. ROSE ANN SCOTT CALLED 7.59 ACRES VOLUME 7739, PAGE 793 D.R.T.C.T, P TELEPHONE RISER dk P601 T 12' IRON ROD FOUND LIME CREEK ROAD PRESCRIPTIVE EASEMENT NO DEED OF �O��ti FIELD NOTE RECORD WAS FOUND BY THIS SURVEYOR �Pyi ti�1°ae� POINT OF BEGINNING OR TRAVIS COUNTY, TEXAS / c;i 0¢p� GRID COORDINATES ; N N10145769A6 EMS2722A2 N 11'S6'18i_W 3.38' N 21 "59'05" E - 202.36' S 78"59'17" E 20.37' r`O'.1 E 12' IRON PIPE FUND E E E ^� 0 r TELEPHONE RISER ; S21°59'05"W-208.54' Z PORTION OF o LOT )8 AND 19 � N 69"36 48" W 18.12' PORTION OF LOT 19 BRIAN E. STEENSLAND CALLED 1.27 ACRES T.C.C.D. 2011028824 O.P.R.T.C.T. SURVEYOR'S NOTES 0.095 ACRE ELECTRIC EASEMENT EDWIN J. BAILEN AND IRENE BEATTIE CALLED 10.007 ACRES VOLUME 8792, PAGE 484 R.P.R.T.C.T, PORTION OF LOT F) Rini WAGON RAHCHETTES, SECTii-N HOOr: i3, PACE 54 t•.1.. C.'1 . SURVEYED: NOVEMBER 25,2019 FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED 20 FOOT WIDE (0.095 ACRE) ELECTRIC EASEMENT LOCATED IN THE TEXAS CENTRAL RAIL ROAD COMPANY SURVEY, ABSTRACT 2236, IN 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. DISTANCE SHOWN HEREON ARE SURFACE VALUES OBTAINED WITH AN APPLIED SCALE FACTOR OF 1.00013. (GRID VALUE x SCALE FACTOR = SURFACE VALUE). ©COPYRIGHT ALL RIGI ITS RESERVED BARRY J. ERENWERT AND r1 DEBRA C. ERENWERT = CALLED 20.222 ACRES 6 T.C.C.D. 2013041390 O.P.R.T.C.T. 3 0 z yJ Q m EXHIBIT OF A 20 FOOT WIDE (0.095 ACRE) STRIP OF LAND LOCATED IN THE TEXAS CENTRAL RAILROAD COMPANY SURVEY, ABSTRACT 2236, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 10.007 ACRE TRACT DESCRIBED IN A DEED TO EDWIN I. BAILEN AND IRENE BEATTIE, OF RECORD IN VOLUME 8792, PAGE 484, OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS - iWAer Partners engineers * surveyors 804 Las Gmas Pkwy.. St9te 150 • Ausdn, Texas 78746 Phone: 1-512-382-0021 • T.B.P.E. Registra0on No, 8053 T.B.P.L.S, RegisSafon No. 10194317 0 50 100 200 GRAPI-1IC SCALE IN FEET PLAT NO. AT-1781 PROJ. NO. 3-00619 DRAFT I'ED22� TAB EXIT F/N NO. 120 FB/PG 3-25 3 DRAWN BY DWG.Ni$AM19ESMT PARCEL -120BAIIILINPC1IWD01 H DocuSign Envelope ID: A1358366-624E-465A-A523-680E8873D5E3 Exhibit B ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS § That Edwin J. Bailen and Irene Beattie, 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") 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 0.095-acre tract in the Texas Central Railroad Company Survey No.193, Abstract No. 2236, 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. During construction, except for brief periods when doing active work, the crew shall not otherwise unreasonably interfere with or obstruct Grantor's exiting access drive to Grantor's property which presently enters Grantor's property from "Lime Creek Road" without prior approval from Grantor or their successors. No equipment of Grantee shall be left unattended obstructing Grantor's exiting access driveway. The wire height of such distribution lines shall not otherwise unreasonably interfere with or obstruct Grantor's exiting access drive to Grantor's property which presently enters Grantor's property from "Lime Creek Road" and crosses the said easement and right of way. Grantee is fully responsible for, and to the extent allowed by law shall indemnify Grantor from and against, any damages to Grantor's access drive within the said easement and right of way or to the access drive as it extends into Grantor's adjacent property, as well as for damages to Grantor's adjacent property or to any other improvements of Grantor located on Grantor's Parcel 120 Edwin J. Bailen and Irene Beattie DocuSign Envelope ID: A1358366-624E-465A-A523-680E8873D5E3 adjacent property, when any such damages are caused directly or indirectly by Grantee's activities or those of its contractors or agents in conjunction with construction, maintenance, or monitoring of Grantee's facilities located in the easement property and right-of-way. Grantee agrees that at the completion of its construction of the electric distribution line contemplated in this Easement and in connection with the maintenance of such line, it shall remove all construction and vegetation clearance debris and shall keep the said easement and right of way in reasonably orderly condition. 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 52020. GRANTOR: Edwin J. Bailen Parcel 120 Edwin J. Bailen and Irene Beattie 2 Irene Beattie DocuSign Envelope ID: Al358366-624E-465A-A523-680E8873D5E3 THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Edwin J. Bailen, personally known to me or produced a Texas Driver License as identification proving them 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 .2020. Notary Public in and for The State of Texas Parcel 120 Edwin J. Bailen and Irene Beattie DocuSign Envelope ID: A1358366-624E-465A-A523-680E8873D5E3 THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Irene Beattie personally known to me or produced a Texas Driver License as identification proving them 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 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 Austin, TX 78752 Parcel 120 Edwin J. Bailen and Irene Beattie DocuSign Envelope ID: Al358366-624E-465A-A523-680E8873D5E3 11-1 . —CRiJA 120 EDWIN J. BAILEN AND IRENE BEATTIE (gi'F4�q��rtners veyors 804 Las Cimas Pkwy., Suite 150 Austin, Texas 78746 TWENTY FOOT WIDE 0.095 ACRE ELECTRIC EASEMENT LOCATED IN THE TEXAS CENTRAL RAILROAD COMPANY SURVEY, ABSTRACT 2236 IN TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 20 FOOT WIDE (0.095 ACRE) STRIP OF LAND LOCATED IN THE TEXAS CENTRAL RAILROAD COMPANY SURVEY, ABSTRACT 2236, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 10.007 ACRE TRACT, DESCRIBED IN A DEED TO EDWIN J. BAILEN AND IRENE BEATTIE, OF RECORD IN VOLUME 8792, PAGE 484 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS (R.P.R.T.C.T.), OF WHICH IS A PORTION OF LOT 19, OF RED WAGON RANCHETTES, SECTION 2, OF RECORD IN VOLUME 13, PAGE 54, OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS. SAID 0.095 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 COMMON LINE BETWEEN SAID 10.007 ACRE TRACT AND A CALLED 20.222 ACRE TRACT, DESCRIBED IN A DEED TO BARRY J. ERENWERT AND DEBRA C. ERENWERT, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2013041390 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.), AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND IN THE EAST MARGIN OF LIME CREEK ROAD, MARKING THE SOUTHWEST CORNER OF SAID 20.222 ACRE TRACT AND THE NORTHWEST CORNER OF SAID 10.007 ACRE TRACT BEARS N 78°59'17" W— 122.64'; THENCE S 78°59'17" E — 20.37', WITH THE COMMON LINE BETWEEN SAID 20.222 ACRE TRACT AND SAID 10.007 ACRE, TO A POINT AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE S 21 °59'05" W — 208.54' THROUGH THE INTERIOR OF SAID 10.007 ACRE TRACT, TO A POINT IN THE COMMON LINE BETWEEN SAID 10.007 ACRE TRACT AND A CALLED 1.27 ACRE TRACT DESCRIBED IN A DEED TO BRIAN E. STEENSLAND, OF RECORD UNDER T.C.C.D. 2011028824 OF SAID O.P.R.T.C.T., AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE N 69°36'48" W—18.12', WITH THE COMMON LINE BETWEEN SAID 10.007 ACRE TRACT AND SAID 1.27 ACRE TRACT, TO A 1/2" IRON PIPE FOUND IN THE EAST MARGIN OF LIME CREEK ROAD, MARKING THE NORTHWEST CORNER OF SAID 1.27 ACRE TRACT AND THE SOUTHWEST CORNER OF SAID 10.007 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE N 11'56'18" W — 3.38', WITH THE EAST MARGIN OF LIME CREEK ROAD, ALONG THE WEST LINE OF SAID 10.007 ACRE TRACT, TO A POINT FOR A WEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE N 21°59'05" E — 202.36', THROUGH THE INTERIOR OF SAID 10.007 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.095 ACRE OF LAND. SURVEYED BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 4122 ON NOVEMBER 25, 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. OF WARREN L. SIMPSON, R.P.L.S. 4122 .................. WARREN L. SIMPSON PROJ NO. 3-00619 ' 410 4122 � ... � PLAT NO. Al-1781 •�•q��FESSO�.•�Q� FIELD NOTE NO. 120 2� S U MAP CHECKED: 02/10/2020-WCH www.WalkerPartners.com TBPE Registration No. 8053 1 TBPLS Registration No. 10194317 G:\Projects\3-00619\3 Phase 2 Land Rights\l Survey\1.5 Final Copies\Field Notes\ELECTRIC EASEMENTS\3-00619-FN-120 - BAILEN AND BEATTIE.docx DocuSign Envelope ID: A1358366-624E-465A-A523-68OE8873D5E3 nxCUA 120 EDWIN L BAILEN AND IRENE BEATTIE LEGEND —T— = OVERHEAD TELEPHONE LINE —E— = OVERHEAD ELECTRIC LINE -0- = WOODEN UTILITY POLE E-- =GUY WIRE =EASEMENT AREA 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 P.R.T.C.T. = PLAT RECORDS TRAVIS COUNTY. TEXAS R.P.R.T.C.T. = REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS IMAIJ Wet". L 0A11- 3IUD PORTION OF LOT 18 AND LOT 19 RED PORTION ETT _'....... 'CDIJi'. I , PAGE 54 P.1R.T.V.T. ROSE ANN SCOTT CALLED 7.59 ACRES VOLUME 7739. PAGE 793 D.R.T.C.T ( ) =DEED CALLS /�OpO TELEPHONE RISER 00 di A 12' IRON ROD FOUND LIME CREEK ROAD o��op° Z 4 PRESCRIPTIVE EASEMENT NO DEED 0\� ¢G��1y\t0�\ FIELD NOTE RECORD WAS FOUND BY THIS SURVEYOR My1titi�0' f POINT OF BEGINNING OR TRAVIS COUNTY, TEXAS / � �i $•a0 �� GRID COORDINATES N 3 ♦N:10149789.46 E:3082722A2 d �d $ N 11 °56'18JW 3.38' N 21 °59'05" E - 202.36' S 78°59'17" E 20.37' E 12' IRON PIPE FOUND E E E TELEPHONE RISER N69°36'48"W 18.12— NNIT10N OF LOT 19 BRIAN E. STEENSLAND CALLED 1.27 ACRES T.C.C.D. 201102BB24 O.P.R.T.C.T SURVEYOR'S NOTES S21°59'05"W-208.54' z PORTION OF LOT IS ANii 19 0.095 ACRE ELECTRIC EASEMENT S. BARRY J. ERENWERT AND DEBRA C. ERENWERT EDWIN J. BAILEN AND CALLED 20.222 ACRES IRENE BEATTIE T.C.C.D. 2013D41390 O.P.R.T.C.T. CALLED 10,007 ACRES VOLUME 8792, PAGE 484 R.P.R.T.C.T. Fi)RT OF LOT 19 RED 'r AGON RAHCHET TES, SECT111H .: HOOK 13, PAGE 54 P.R.T.C.T. SURVEYED: NOVEMBER 25,2019 FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED: 20 FOOT WIDE 10.095 ACRE) ELECTRIC EASEMENT LOCATED IN THE TEXAS CENTRAL RAIL ROAD COMPANY SURVEY, ABSTRACT 2236, IN 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 OBTAINED WITH AN APPLIED SCALE FACTOR OF 1.00013. (GRID VALUE x SCALE FACTOR = SURFACE VALUE). © COPYRIGI-tl' ALL RIGI ITS RESERVED EXHIBIT OF A 20 FOOT WIDE (0.095 ACRE) STRIP OF LAND LOCATED IN THE TEXAS CENTRAL RAILROAD COMPANY SURVEY, ABSTRACT 2236, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 10.007 ACRE TRACT DESCRIBED IN A DEED TO EDWIN J. BAILEN AND IRENE BEATTIE, OF RECORD IN VOLUME 8792, PAGE 484, OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS l sipnwa IeartnS. 4122 Imo@krpers oom @LA2 Walker Partners engineers * surveyors 804 Les Cl— Pkwy.. Suite 150. Austin. Taxes 78746 Phase. 1-512-382-0021 • T.B.P.E. Registration No. 8053 T.B.P.L.S. Registration No. 10194317 ............... VARREN L. SIMPSQ or V,b- 4122,P4 4- 0 50 100 200 GRAPHIC SCALE IN FEET PLAT NO. At-1781 PROD. NO. 3-00619 DRAF TED02L TAB EXI-I F/N NO. 120 FB/PG 3 25 3 DRA\X/N BY DWG.NAW1M19IS1Vrr PARCEL -120BAI MMICIIWDL2� N LLI, al. ul mv- AL k2w T City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider execution of Easement Purchase Agreement with Edwin J. Bailen and Irene Beattie for acquisition of a 0.095 acre electric utility easement required for the BCRUA Phase 2 Raw Water Delivery Project (Parcel 120). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 9/4/2020 Dept Director: Michael Thane, Director of Utilities and Environmental Services Department cost: $3,000.00 Indexes: Regional Water Fund Attachments: BAILEN(120)--electric easement purchase agreement, BCRUA--easement strip map excerpt for Parcels 120 121 137 Department: Utilities and Environmental Services Text of Legislative File CM-2020-235 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 Edwin J. Bailen and Irene Beattie for the acquisition of 0.095 acre along their property. The negotiated purchase price for this easement is $3,000 and has been approved by the BCRUA Operations Committee. Cost: $3,000 Source of Funds: Regional Water Fund City of Round Rock Page i of 1