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CM-2020-306 - 10/30/2020Easement 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: David Bergeron & Jodi L. Bunk Address: 11906 Trails End 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 0.052 acre, more or less, out of the Richard Blackwell Survey Abstract 83 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.Dobrinsl,-i,rwTexasNationalTiile.com Purchase Price: County for Performance: Travis County, Texas Address: 305 Denali Pass Drive, Suite A Cedar Park, Texas 78613 Fax:(512) 853-5810 116 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.I.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 ©O 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. 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. 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. 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. F9. 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. 416 SELLER: David Bergeron & Jodi L. Bunk I>1 17,- �> � � By: Drafvrldd Berge n sl21f70zo y: di L. Bu� 5 Date: BUYER: City of Round Rock, a Texas home rule city By: Title: Date: ©C Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA) By: Karen Bondy, Gehefal Manager 6/1 /2020 Date: Title Company acknowledges receipt of a copy of this contract executed by both Buyer and Seller. By: Name: Title: Date: 616 EXHIBIT "A" BCRUA 159 DAVID BERGERON AND JODI L. BUNK Walker Partners engineers * surveyors 804 Las Cimas Pkwy., Suite 150 Austin, Texas 78746 20 FOOT WIDE (0.052 ACRE) ELECTRIC EASEMENT LOCATED IN THE RICHARD BLACKWELL SURVEY, ABSTRACT 83, IN TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 20 FOOT WIDE (0.052 ACRE) STRIP OF LAND LOCATED IN THE RICHARD BLACKWELL SURVEY, ABSTRACT 83, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 11.735 ACRE TRACT DESCRIBED IN A DEED TO DAVID BERGERON AND JODI L, BUNK, OF RECORD IN VOLUME 13379, PAGE 4824, OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS (R.P.R.T.C.T.) SAID 20 FOOT WIDE (0.052 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 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 2.00 ACRE TRACT DESCRIBED IN A DEED TO DANA ELAINE BALDW IN, NOBLE DALE SQUIRES AND SANDRA SQUIRES, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2019064141 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND THE MOST EASTERLY NORTHEAST CORNER OF SAID 11.735 ACRE TRACT AND FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE S 14"27'56" W - 32.12' W ITH THE WEST RIGHT-OF-WAY LINE OF SAID TRAILS END ROAD (80' WIDE) AND THE EAST LINE OF SAID 11.735 ACRE TRACT TO A POINT AT THE BEGINNING OF A CURVE TO THE RIGHT, THENCE AN ARC LENGTH OF 75.00', WITH THE WEST RIGHT-OF-WAY LINE OF TRAILS END ROAD, ALONG SAID CURVE TO THE RIGHT, WITH THE EAST LINE OF SAID 11.735 ACRE TRACT, HAVING A RADIUS OF 915.37', A CENTRAL ANGLE OF 04-41'40" AND A CHORD WHICH BEARS S 16°46'56" W - 74.98' TO A 3/4" IRON PIPE FOUND MARKING THE SOUTHEAST CORNER OF SAID 11.735 ACRE TRACT AND THE NORTHEAST CORNER OF A CALLED 25.43 ACRE TRACT DESCRIBED IN A DEED TO ELAINE A. PLETTMAN AND STEPHEN P. CUMMINGS, OF RECORD IN VOLUME 12209, PAGE 1390 OF THE R.P R.T.C.T AND FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE N 73°20'13" W - 20.02' W ITH THE SOUTH LINE OF SAID 11.735 ACRE TRACT AND THE NORTH LINE OF SAID 26.43 ACRE TRACT TO A POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE THROUGH THE INTERIOR OF SAID 11.735 ACRE THE FOLLOWING TWO (2) CALLS: AN ARC LENGTH OF 74.22, WEST OF, PARALLEL TO AND 20' AT RIGHT ANGLES FROM THE EAST LINE OF SAID 11.735 ACRE TRACT AND THE WEST RIGHT-OF-WAY LINE OF SAID TRAILS END ROAD, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 895.37', A CENTRAL ANGLE OF 04°44'59" AND A CHORD WHICH BEARS N 16`48'35" E— 74.20' TO A POINT FOR THE END OF SAID CURVE TO THE LEFT; N 14°27'56" E - 43.20' TO A POINT IN THE NORTH LINE OF SAID 11.735 ACRE TRACT AND THE SOUTH LINE OF SAID 2.00 ACRE TRACT, AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND AT THE MOST NORTHERLY NORTHEAST CORNER OF SAID 11.735 ACRE TRACT BEARS N 46*33,501, W - 320.36, PASSING AN ELL CORNER AND N 14'31'21" E-132.38'; THENCE S 46°33'50" E - 22.86', WITH THE NORTH LINE OF SAID 11.735 ACRE TRACT, AND THE SOUTH LINE OF SAID 2.00 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.052 ACRE OF LAND. SURVEYED BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 4122 ON NOVEMBER 08, 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 AND THE DISTANCES SHOWN HEREIN ARE SURFACE VALUES. WARREN EN L. SIMPSOPROJ NO.3-00619 .......PLAT NO. Al 17514122FIELD LO NOTE NO. 159MAP CHECKED 01l13/2020-JBMS U www.WalkerPortners.com TBPE Registration No. 8053 1 TBPLS Registration No. 10194317 G:\Projects\3-00619\3 Phase 2 Land Rights\I Survey\1.5 Final Copies\Field Notes\ELECTRIC EASEMENTS\3-00619-FN-159 - BERGERON- BUNK.docx BcRuA M DAVID BERGERON AND JODI L BUNK SURVEYOR'S NOTES: LEGEND SURVEYED: NOVEMBER 08, 2019 = IRON ROD FOUND FOLD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED: (UNLESS OTHERWISE NOTED) ( ) - DEED CALLS 20 FOOT WIDE(0.052 ACRE) ELECTRIC EASEMENT LOCATED IN THER. BLACKWELL SURVEY, ABSTRACT M, TRAVIS COUNTY, TEXAS. D.R.TC.T. = DEED RECORDS TRAVIS COUNTY, TEXAS THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. THIS T.C.CD. -TRAVIS COUNTY SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF ATITLE REPORT, CLERK'S DOCUMENT THEREFORE THE SURVEYOR CERTIFIES THAT EASEMENTSTHATHE N O.P.R.T.C.T. =OFFICIAL PUBLIC RECORDS HAS BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON. HOWEVER TRAVIS COUNTY, TEXAS THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS, R.P.R.T.C.T. = REAL PROPERTY RECORDS RESTRICTIONS OR ENCUMBRANCES (EITHER OF RECORD OR NOT OF TRAVIS COUNTY, TEXAS RECORD) WHICH MAY AFFECT THE SUBJECT TRACTARE SHOWN HEREON. =EASEMENTAREA THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON - UTILITY POLE THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD $3, CENTRAL LINE TABLE -E- - OVERHEAD ELECTRIC LINE ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. — X — = HOG WIRE MESH FENCE DISTANCES SHOWN HEREON ARE SURFACE VALUES. LINE DIRECTION I LENGTH L-1 S14'2rWW I 32.17 L-2 N73°20'13'W N 2' L-3 N 14- 27' S6' E 4316 L4 S46.33'S0'E I 22.W ELAINE A. PLETTMAN, AND STEPHEN P. CUMMINGS CALLED 25A3 ACRE VOLUME 12209, PAGE 1390 R P.RT.C.T. 7 � X � J T E 39' 020N PPEFOUND CURVE TABLE CURVE LENGTH RADW DELTA CHORD C-1 75.00' 91537 4-41'40' 1 S 10- 46 56- W - 74,96 G2 7427 895.3T 4'44'S9 I N 16-4636'E-7420' DAVID BERGERON AND JODI L MMK CALLED 11.735 ACRES VOLUME 13379, PAGE 4824 P-P.RT.C.T 0.05ZACRE ELECTRIC EASEMENT VP IRON ROD FOUND N 14'3471' E-132.36 (N 16-36'33- E - 131331 / DANA ELAINE BALDWIN, NOBLE DALE F1 « ( SQUIRES, AND SANDRA SQUIRES CALLED 2.DO ACRES yc V HOG ME FENCE x x X x T.C.C.D. 2019064141 } O.P,RT,C.T V 4' HOG MESH FENCE x _ x x TRAILS END ROADI FIELD NOTE POIt: TRAVIS COUNTY TEXAS VOLUME 1780 PAGE441 OF BEGINNING OR TCY ! GRID COORDINATES N10152287A7 E.3065618.' i EXHIBIT OF A 20 FOOT WIDE (0.052 ACRE) ELECTRIC EASEMENT LOCATED IN THE RICHARD BLACKWELL SURVEY, ABSTRACT 83 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 11735 ACRE _ TRACT DESCRIBED IN A DEED TO DAVID BERGERON AND IODI L BUNK, OF RECORD IN VOLUME 13379, PAGE 4824 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS. Aa�wmt,Z A ' © COPYRIGHT ALL RIGHTS RESERVED WARREN L SIMPSON,iPL.S. 41Z2 Hnnpeon@we46rpiiMe mn Partners engineers surveyors 604 Lu Cima Pkwy., Suue 1500 Audn.Tc 78746 PnoM: 1-612-382-0021 - T.B.P.E. Rnp4Natlon No, 8053 TBPLS.R4gWr.Won No IDIM17 0 15 30 GU GRAPHIC SCALE. LNI FEFT E PIATNO. At-1751 PROJ. NO. 3-00619 DRAFTED 01 3 0 TAB NA F/N NO. 159 FB/PG 3-3 58 DRAWN BY IBN1 DWG M19ESK-pARM159_BB ,&LMG "fAP 01/13/20 NANIE CHKD EXHIBIT "B" ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS § That David Bergeron and Jodi L. Bunk, 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 0.052 acre tract in the Richard Blackwell Survey, Abstract No. 83, 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 159 — Bergeron & Bunk day of [signature page follows] 20 GRANTOR: David Bergeron Date Jodi L. Bunk Date THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared DAVID BERGERON, 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 Notary Public in and for The State of Texas THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared JODI L. BUNK, 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 159 - Bergeron & Bunk 2 ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS That David Bergeron and Jodi L. Bunk, 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 tract of land in Travis County, Texas, being more fully described by metes and bounds and depicted on sketch in Exhibit "A", attached hereto and incorporated herein and made a part of for all purposes (Parcel 159). 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 BCRUA PH 2, Parcel 159 GRANTOR: DAVID BERGERON JODI L. BUNK THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared DAVOD BERGERON, 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 Notary Public in and for The State of Texas 2 BCRUA PH 2, Parcel 159 THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared JODI L. BUNK, 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 BCRUA PH 2, Parcel 159 BCRUA 159 DAVID BERGERON AND JODI L BUNK SURVEYOR'S NOTES: LEGEND SURVEYED: NOVEMBER 08, 2019 • =IRON R00 FOUND FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND MUD:(UNLESS OTHERWISE NOTED) ( ) = DEED CALLS 20 FOOT WIDE (0.052 ACRE) ELECTRIC EASEMENT LOCATED IN THE R. D.R.T.C.T. = DEED RECORDS TRAVIS BLACKWELL SURVEY, ABSTRACT $3, TRAVIS CCU NTY, TEXAS. COUNTY, TEXAS THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. THIS T.C.C.D. =TRAVIS COUNTY SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, Yyj CLERK'S DOCUMENT THEREFORE THE SURVEYOR CERTIFIES THAT EASEMENTS THAT HE (P O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS HAS BEEN ADVISED OF HAVE BEENADDRESSED HEREON. HOWEVER, TRAVIS COUNTY, TEXAS THE SURVEYOR DOES NOT GUARANTEE THATALL EASEMENTS, R.P.R.T.C.T. = REAL PROPERTY RECORDS RESTRICTIONS OR ENCUMBRANCES (EITHER OF RECORD ORNOT OF TRAVIS COUNTY, TEXAS RECORD) WHICH MAY AFFECT THE SUBJECT TRACT ARE SHOWN HEREON. =EASEMENTAREA THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON =UTILITY POLE THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL LINE TABLE — E — = OVERHEAD ELECTRIC LINE ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. — X — = HOG WIRE MESH FENCE DISTANCES SHOWN HEREON ARE SURFACE VALUES, LINE DIRECTION LENGTH L-1 S 14' 27' 56' W 32.12' L-2 N 73' 20' 13' W 20.02' L-3 N 14' 2T 56' E 43,20' L-4 S 46' 33' 50' E 22.86' CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD C-1 15.00 915.37' 4-4140' 1 S 16' 46' 56' W - 74.98' C-2 74.22' 895.37' 4-44'59' 1 N 16- 48' 35' E - 74.20' DAVID BERGERON AND JODI L. BUNK CALLED 11.735 ACRES VOLUME 13379, PAGE 4824 R.P.R.T.C.T. 12'IRON ROD FOU N 14°31'21' E-132.3V IN 16-36'33- E-132.33) ELAINEA PLETTMAN, AND 0.052ACRE 2 , STEPHEN P CUMMINGS ELECTRIC J� CALLED 25 43 ACRE VOLUME 12209, PAGE 1390 EASEMENT R P.R.TC T AT, DANA ELAINE BALDWIN, NOBLE DALE C� F L-3 SQUIRES, AND SANDRA SQUIRES CALLED 2.00 ACRES % x T.C.C.D. 2019064141 X �R.N— FENCE_____ r O.P.R.TCT 4' HOG MESH FENCE x4' HOG MESH x x xX X X -E E IqJ r,-� L-1 12' IRON R00 FOUND PIPE FOUND TRAMS END ROAD FIELD NOTE POINT TRAVIS COUNTY TEXAS VOLUME 1780, PAGE 441 OF BEGINNING D.R.TC.T. GRID COORDINATES - N:10152287.47 E3065618.72 3 i EXHIBIT OF A 20 FOOT WIDE (0.052 ACRE) ELECTRIC EASEMENT LOCATED IN THE RICHARD BLACKWELL SURVEY, ABSTRACT 83 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 1L735 ACRE TRACT DESCRIBED IN A DEED TO DAVID BERGERON AND JODI L BUNK, OF RECORD IN VOLUME 13379, PAGE 4824 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS. © COPYRIGI IT ALL RIGI ITS RESERVED -� ��Talker Partners engineers *surveyors 804 Les Cknec Pkwy„ Suite 150• A-lin, Tepee 78746 Phone: 1.5/2382.0021 • T.B.P.E. Regicaalhn No. 8053 T.B.P.L.S. Reglsire6on Ne. 10194317 - I - N � - PPAW 0 15 30 60 GRAPI IIC SCALE IN FEET E -1 rn PLAT NO. At-1751 PROJ. NO. 3-00619 DRAFI-L'D 01 13 20 TAB NA F/N NO. 159 FB/PG 3-3 58 DRA\CN BY IB[vI D\C'G. 3-0619ESMI-PARCEL 199 - BERGERON.DWG MIV 01 /13/20 NAME C1IK'D BCRUA 159 DAVID BERGERON AND JODI L. BUNK (gi Walker Partners engineers * surveyors 804 Las Cimas Pkwy., Suite 150 Austin, Texas 78746 20 FOOT WIDE (0.052 ACRE) ELECTRIC EASEMENT LOCATED IN THE RICHARD BLACKWELL SURVEY, ABSTRACT 83, IN TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 20 FOOT WIDE (0.052 ACRE) STRIP OF LAND LOCATED IN THE RICHARD BLACKWELL SURVEY, ABSTRACT 83, IN TRAVIS COUNTY. TEXAS, BEING A PORTION OF A CALLED 11.735 ACRE TRACT DESCRIBED IN A DEED TO DAVID BERGERON AND JODI L. BUNK, OF RECORD IN VOLUME 13379, PAGE 4824, OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS (R.P.R.T.C.T.). SAID 20 FOOT WIDE (0.052 ACRE) EASEMENT BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING, MADE APART HEREOF AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS. BEGINNING AT A 1/2" IRON ROD 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 2.00 ACRE TRACT DESCRIBED IN A DEED TO DANA ELAINE BALDWIN, NOBLE DALE SQUIRES AND SANDRA SQUIRES, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2019064141 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND THE MOST EASTERLY NORTHEAST CORNER OF SAID 11 735 ACRE TRACT AND FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE S 14'27'56" W — 32.12' WITH THE WEST RIGHT-OF-WAY LINE OF SAID TRAILS END ROAD (80' WIDE) AND THE EAST LINE OF SAID 11.735 ACRE TRACT TO A POINT AT THE BEGINNING OF A CURVE TO THE RIGHT, THENCE AN ARC LENGTH OF 75.00', WITH THE WEST RIGHT-OF-WAY LINE OF TRAILS END ROAD, ALONG SAID CURVE TO THE RIGHT, WITH THE EAST LINE OF SAID 11.735 ACRE TRACT, HAVING A RADIUS OF 915.37', A CENTRAL ANGLE OF 04°41'40" AND A CHORD WHICH BEARS S 16°46'56" W — 74.98' TO A 3/4" IRON PIPE FOUND MARKING THE SOUTHEAST CORNER OF SAID 11.735 ACRE TRACT AND THE NORTHEAST CORNER OF A CALLED 25.43 ACRE TRACT DESCRIBED IN A DEED TO ELAINE A. PLETTMAN AND STEPHEN P. CUMMINGS, OF RECORD IN VOLUME 12209, PAGE 1390 OF THE R.P.R.T.C.T. AND FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE N 73°20'13" W—20.02' WITH THE SOUTH LINE OF SAID 11.735 ACRE TRACT AND THE NORTH LINE OF SAID 25.43 ACRE TRACT TO A POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE THROUGH THE INTERIOR OF SAID 11.735 ACRE THE FOLLOWING TWO (2) CALLS: 1. AN ARC LENGTH OF 74.22, WEST OF, PARALLEL TO AND 20' AT RIGHT ANGLES FROM THE EAST LINE OF SAID 11.735 ACRE TRACT AND THE WEST RIGHT-OF-WAY LINE OF SAID TRAILS END ROAD, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 895.37', A CENTRAL ANGLE OF 04°44'59" AND A CHORD WHICH BEARS N 16°48'35" E— 74.20' TO A POINT FOR THE END OF SAID CURVE TO THE LEFT; 2. N 14°27'56" E — 43.20' TO A POINT IN THE NORTH LINE OF SAID 11.735 ACRE TRACT AND THE SOUTH LINE OF SAID 2.00 ACRE TRACT, AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/21, IRON ROD FOUND AT THE MOST NORTHERLY NORTHEAST CORNER OF SAID 11.735 ACRE TRACT BEARS N 46°33'50" W — 320.36' PASSING AN ELL CORNER AND N 14°31'21" E—132.38'; THENCE S 46°33'50" E — 22.86', WITH THE NORTH LINE OF SAID 11.735 ACRE TRACT, AND THE SOUTH LINE OF SAID 2.00 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.052 ACRE OF LAND. SURVEYED BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 4122 ON NOVEMBER 08, 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 AND THE DISTANCES SHOWN HEREIN ARE SURFACE VALUES. /41 ` WARREN L. SIMPSON, R.P.L.S. 122 �: Q� RQ :N WARREN L. SIMPSON PROJ NO. 3-00619 .................. PLAT NO. Al-1751 �:p 4122 FIELD NOTE NO. 159 C;� SS�O�;•y0 MAP CHECKED: 01/13/2020-JBM Q S y Rqc J www. WalkerPartners. com TBPE Registration No. 8053 I TBPLS Registration No. 10194317 GAProjects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\ELECTR I C EASEMENTS\3-00619-FN-159 - BERGERON- BUNK.docx y 1. #x 'w y ! IL _� 'r• a - C ~ ■ ON/ 158 - E' BUNK ,w tv 54. E 1F2 FJ0 4� � � . E � 0176. E•�'. T f cJjacent iR !t 151 i 075 � p � A � 1 E Ar TG.E r .w R S BCRUA M DAVID BERGERON AND JODI L BUNK SURVEYOR'S NOTES. SURVEYED: NOVEMBER H, 2019 FELD NOTES ATTACHED HERETO, MADE APART HEREOF ANDTLED 20 FOOT WIDE (5.052 ACRE) ELECTRIC EASEMENT LOCATED 91 THE R. SLACKWELL SURVEY, ABSTRACT 93. 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 THATHE 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 TRACTARE SHOWN HEREON. THE BEARINGS AND COORDINATES SHOWN HEREON ARE EASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. DISTANCES SHOWN HEREON ARE SURFACE VALUES. ELAINE A PLETTMAN, AND STEPHEN P. CUMMINGS CALLED 25.43 ACRE VOLUME 12209. PAGE 1390 R PR.T.C.T. _ X E �1:4_Y QN PPEFOUND LINE TABLE LINE DIRECTION LENGTH L-1 514'2T56'W 32.1T L-2 N 73' 20' 13' W 2002 LJ N14'2T55E 43t L4 S 46' 33' ST E 22.86' LEGEND • = IRON ROD FOUND (UNLESS OTHERWISE NOTED) ( ) = DEED CALLS D.R.TC.T = DEED RECORDS TRAMS COUNTY, TEXAS T.C.CD. -TRAMS COUNTY CLERKS DOCUMENT O.P.R.T.C.T = OFFICIAL PUBLIC RECORDS TRAVIS COUNTY, TEXAS R.P.R.T.C.T = REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS =EASEMENTAREA O_ = UTILITY POLE — E — = OVERHEAD ELECTRIC LINE — X — = HOG WIRE MESH FENCE CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD C-1 76.00 915.3T 4-41'40' 5 16' 46' W W - 74.98' G2 74.27 895.3T 4'44'S9" I N 16' 49 35E - 74.20' DAVID BERGERON AND JODI L. SIANK CALLED 11.735 ACRES VOLUME 13379, PAGE 4824 R.P.RT.C.T. C-2 K 4' HOG MESH FENCE x X lr7IRON N 14'31'21' E-132.38' IN 16-36'33' E - 132 W ) 0.0W ACRE a ELECTRIC @-NNE BALDWIN, NOBLE DALE ef L4SQUIRES, AND SANDRA SQUARESCALLED TODACRESa ZEASIMMENTIltDAM T.C.C.D. 2019064141 O. MESH F4HOG MESH FENCE x x " L-1 _ — 7' R N ROD FOUND TRALS END ROAD ;FIELD NOTE POINT TRAVIS COUNTY TEXAS VOLUME 1780, PAGE 441 OF BEGINNING D.R.T.C.T GRID COORDINATES N10152287A7 E.-3065618.72 g 3 b EXHIBIT s OF A 20 FOOT WIDE (0452 ACRE) ELECTRIC EASEMENT LOCATED IN THE RICHARD BLACKWELL SURVEY, ABSTRACT 83 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 11735 ACRE TRACT DESCRIBED IN A DEED TO DAVID BERGERON AND JODI L BUNK, OF RECORD IN VOLUME 13379, PAGE 4824 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS. COPYRIGHT ALL RIGHTS RESERVED 0 15 30 60 CDIF4��Partners GRAPHIC SCALH I\ FEET es Tk surveyors PLAT NO. 1- 7; PROD. NO. 3-00619 DRAFTED 0 3 n 804 Lae C mas Pkvry.. Suits 15D• Autttr,.7a>An 18746 Ph- 1d1Pl-S o g stfanTB.N. Ra 194317csla- 8053 TAB NA F/N NO, 159 FB/PG 3.3 58 DRAWN BY BNl TBPL.S Raglslmlon No 10194317 DWG 3-0O6I9ESMT-pARCELL59-L1171G80JIWG NIAP 01/13/70 NAN1F CHKD City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider execution of an Easement Purchase agreement with David Bergeron & Jodi L. Bulk for acquisition of a 0.052 acre electric utility easement required for the BCRUA Phase 2 Raw Water Delivery Project (Parcel 159). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/30/2020 Dept Director: Michael Thane, Director of the Utilities and Environmental Services Department Cost: $3,000.00 Indexes: Regional Water Fund Attachments: BERGERON(159)--electric easement purchase agreement, BERGERON(159)--property location exhibit Department: Utilities and Environmental Services Text of Legislative File CM-2020-306 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 David Bergeron & Jodi L. Bunk for the acquisition of 0.052 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 1 of 1