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CM-2020-307 - 10/30/2020DocuSign Envelope ID: 5949A3AD-92D5-4B94-80EF-7CC35DAF1813 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: Jack Schmitt & Jeanne Bazar Address: 10904 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 0.025 acre, more or less, out of the Samuel Hayford Survey No. 53, Abstract 2246, 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.BarnesgTexasNationalTitle.com Purchase Price: $ 1,000.00 County for Performance: Travis County, Texas Address: 305 Denali Pass Drive, Suite A Cedar Park, Texas 78613 Fax:(512) 853-5810 Easement Purchase Agreement — BCRUA Parcel 137 Page 116 ���, J T -7 DocuSign Envelope ID: 5949A3AD-92D5-4B94-80EF-7CC35DAF1813 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.I.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.l.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.l.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 Easement Purchase Agreement — BCRUA Parcel 137 Page 216 DocuSign Envelope ID: 5949A3AD-92D5-4B94-80EF-7CC35DAF1813 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.5. Attorney's Fees. if either party retains an attorney to enforce this contract, the party prevailing in litigation is entitled to recover reasonable attorneys fees and court and other costs. Easement Purchase Agreement — BCRUA Parcel 137 Page 316 DocuSign Envelope ID: 5949A3AD-92D5-4B94-80EF-7CC35DAF1813 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. F3. 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.5. 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 Conti -act. 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. FI1. 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 137 Page 416 DocuSign Envelope ID: 5949A3AD-92D5-4B94-BOEF-7CC35DAF1813 SELLER: Jack Schmitt & Jeanne Bazar E3DocuSigned by. 0-ap k S��tMtit' 95A12043GU84E7... By: Jack Schmitt 10/15/2020 Date: DocuSigned by: YaUn.la t, bmI aV' 95A12043C3AUE7... By: Jeanne Bazar 10/16/2020 Date: BUYER: City of Round Rock, a Texas home rule city Title: Date: Easement Purchase Agreement — BCRUA Parcel 137 Page 516 DocuSign Envelope ID: 5949A3AD-92D5-4B94-80EF-7CC35DAF1813 Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA) DocuSigned by: SSB460D61DSc4AQ_ By: Karen Bondy, General Manager 10/16/2020 Date: Title Company acknowledges receipt of a copy of this contract executed by both Buyer and Seller. D. Easement Purchase Agreement — BCRUA Parcel 137 Page 616 DocuSign Envelope ID: 5949A3AD-92D5 4694-80EF-7CC35DAF1813 ,%,-RUA 137 JACK SCHMITT, AND JEANNE BAZAR, HUSBAND AND WIFE LEGEND OO = TELECOMMUNICATION MANHOLE T = TELECOMMUNICATION SIGN —0— =UTILITY POLE E— =GUY WIRE — E — = OVERHEAD ELECTRIC LINE —X— 4'HOG WIRE FENCE ' ELECTRIC EASEMENT AREA 0 =112' IRON ROD FOUND D R T C T = DEED RECORDS TRAVIS COUNTY, TEXAS I CC.D. = TRAVIS COUNTY CLERK'S DOCUMENT 0 P R.T.C.T. = OFFICIAL PUBLIC RECORDS TRAVIS COUNTY, TEXAS R P R.T.C.T. = REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS ( I = DEED CALLS TRAVIS COUNTY CALLED 141.200 ACRES 3 TRACT 1 T.C.C.D. 2015027536 O.P.R.T.C.T. z FIELD NOTE POINT OF COMMENCEMENT 2' STEEL FENCE 1 CORNER POST BEARS S 70'09'1 P W - 0 57', FROM CALCULATED CORNER JACK SCHMITT AND JEANNE BAZAR, HUSBAND AND WIFE CALLED 20.155 ACRES T.C,C.D.2009111951 O.P.R.T.C.T. D=23'26'01" (R=756341 R=756.78' \ (L=329 36') L=309.52' \ (CHD= ') CND=307.36' 111 (N o7'24.47-4'47' E( N 04'42'65" E N(N o '02'09 w -141 IV) 222.84' END ROAD tS 07.0 07-I E4:Z e ') TRAILS RI Bp \NIUEGHT OFWAY 1T80. PAGE A41, D.R 7 G.T.— E VOLUME m LINE TABLE LINE DIRECTION LENGTH L-1 N 72' OUT1' W 43.14' L-2 N 76' 41' 40' W Tom, L-3 N 13' 16' 20' E 20.00' L4 S 76' 41' 40' E 11.63' L-5 S 72' 06' 11' E 43.70' (L-5) IS 70'ONY E) (43.70') 20' WIDE (0.025 ACRE) ELECTRIC AND GUY WIRE EASEMENT` OF WAY LINE _ z /AND DRIGO S VALDEZ GRACIELAV VALDEZ LLED 5 109 ACRES .C.C.D. 1999161003 ORRI CT. IOBERT D. WOMACK CALLED I'O ACRES VOLUME 10405, 4 PAGE 531 RP.RT.C.T. IRRIGATION CONTROL VALVE AND WATER WATER MANHOLES , Mtltlx FIELD NOTEIGR=756.78- GRID"30'52'• z POINT OF BEGINNM N2332, 78' c47 64 COORDINATES0.00'N10149224.09 EZW1555MD=20.00' S 17'1122" IN R7G HtOFwgyGNF EXHIBIT OF A 20 FOOT WIDE (0.025) ELECTRIC AND GUY WIRE EASEMENT SURVEYOR'S NOTES: LOCATED IN THE SAMUEL HAYFORD SURVEY, ABSTRACT 2246, IN SURVEYED: NOVEMBER 20, 2019 TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 20155 RELEASED: SEPTEMBER 28,2020 ACRE TRACT, DESCRIBED IN A DEED TO JACK SCHMITT AND FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED: JEANNE BAZAR, HUSBAND AND WIFE, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT NUMBER 2009111951, OF THE 20 FOOT WIDE (0.025 ACRE) ELECTRIC AND GUY WIRE EASEMENT LOCATED IN OFFICIAL PUBLIC RECORD OF TRAVIS COUNTY, TEXAS THE SAMUEL HAYFORD SURVEY, ABSTRACT 2246, 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 I.OD013.(GRID VALUE x SCALE FACTOR=SURFACE VALUE) I ..LS.4122 ©COPYRIGHT ALL RIGHTS RESERVL'D Isimpson@walkerpariners.com 4� Walker Partners engineers *surveyors 904 Las Cl­ 11,.. SWIe 150 • Austin. Terns MM Phone: 1-512-382-0021 • T.B.P.E. Regstration No. 8053 T.B.RLS. Registration No. 10194317 0 50 100 200 GRAPHIC SCALE IN FEET PLAT NO. Al-1769 PRO]. NO. 3-00619 DRAFTED 01 TAB EXI-I F/N NO. 137 FB/PG 3-18 76 DRAWN BY DING. NAME3-00619ESMT 137 SCHMITT MAP CHICD09/ DocuSign Envelope ID: 5949A3AD-92D5-4B94-80EF-7CC35DAF1813 —CRUA 137 JACK SCHMITT AND JEANNE BAZAR, HUSBAND AND WIFE (gi �Xlalker Partners engineers * surveyors 804 Las Cimas Pkwy., Suite 150 Austin, Texas 78746 TWENTY FOOT WIDE (0.025 ACRE) ELECTRIC AND GUY WIRE EASEMENT LOCATED IN THE SAMUEL HAYFORD SURVEY, ABSTRACT 2246 IN TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 20 FOOT WIDE (0.025 ACRE) STRIP OF LAND LOCATED IN SAMUEL HAYFORD SURVEY, ABSTRACT 2246, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 20.155 ACRE TRACT, DESCRIBED IN A DEED TO JACK SCHMITT AND JEANNE BAZAR, HUSBAND AND WIFE, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2009111951 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.). SAID 0.025 ACRE EASEMENT BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING, MADE A PART HEREOF AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A POINT 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.), AT THE NORTHEAST CORNER OF A CALLED 141.200 ACRE TRACT DESCRIBED IN TRACT 1, IN A DEED TO TRAVIS COUNTY, OF RECORD UNDER T.C.C.D 2015027536 OF SAID O.P,R.T.C.T. AND THE SOUTHEAST CORNER OF SAID 20.155 ACRE TRACT, FROM WHICH A 2" STEEL FENCE CORNER POST BEARS S 70'09'11" W — 0.57' AND A 1/2" IRON ROD FOUND MARKING THE BEGINNING OF A CURVE TO THE RIGHT IN THE WEST RIGHT OF WAY LINE OF TRAILS END ROAD BEARS S 07°04'38" E — 222.84'; THENCE N 07°04'38" W— 141.24'WITH THE WEST RIGHT OF WAY LINE OF TRAILS END ROAD, AND THE EAST LINE OF SAID 20.155 ACRE TRACT TO A 1/2" IRON ROD FOUND MARKING THE BEGINNING OF A CURVE TO THE RIGHT (NON - TANGENT); THENCE AN ARC LENGTH OF 309.52', WITH THE WEST RIGHT OF WAY LINE OF TRAILS END ROAD AND THE EAST LINE OF SAID 20.155 ACRE TRACT, ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 756.78', A CENTRAL ANGLE OF 23°26'01" AND A CHORD WHICH BEARS N 04°42'55" E — 307.36', TO THE POINT OF BEGINNING AND SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE THROUGH THE INTERIOR OF SAID 20.155 ACRE TRACT, THE FOLLOWING THREE CALLS: 1) N 72-06'11" W— 43.14'SOUTH OF, PARALLEL WITH AND 20' AT RIGHT ANGLES FROM THE NORTH LINE OF SAID 20.155 ACRE TRACT, TO A POINT FOR ANGLE, 2) N 76°41'40" W—10.83' SOUTH OF, PARALLEL WITH AND 20' AT RIGHT ANGLES FROM THE NORTH LINE OF SAID 20.155 ACRE TRACT, TO A POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, 3) N 13°18'20" E — 20.00' TO A POINT IN THE COMMON LINE BETWEEN SAID 20.155 ACRE TRACT AND A CALLED 1.0 ACRE TRACT DESCRIBED IN A DEED TO ROBERT D. WOMACK, OF RECORD IN VOLUME 10405, PAGE 531 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE WITH THE COMMON LINE BETWEEN SAID 20.155 ACRE TRACT AND SAID 1.0 ACRE TRACT, THE FOLLOWING TWO CALLS: 1) S 76°41'40" E—11.63' TO A POINT FOR ANGLE, 2) S 72-06'11" E — 43.70' TO A POINT IN THE CURVING WEST RIGHT OF WAY LINE OF TRAILS END ROAD, AT THE SOUTHEAST CORNER OF SAID 1.0 ACRE TRACT AND THE NORTHEAST CORNER OF SAID 20,155 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND MARKING THE NORTHEAST CORNER OF A CALLED 5.109 ACRE TRACT, DESCRIBED IN A DEED TO RODRIGO S. VALDEZ AND GRACIELA V. VALDEZ, OF RECORD UNDER T.C.C.D. 1999161003 OF SAID O.P.R.T.C.T. BEARS N 23°32'55" E — 264.18'; www.WalkerPortners.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-137 - SCHMITT-09-23- 2020. docx DocuSign Envelope ID: 5949A3AD-92D5-4B94-80EF-7CC35DAF1813 THENCE AN ARC LENGTH OF 20.00', ALONG A CURVE TO THE LEFT, WITH THE WEST RIGHT OF WAY LINE OF TRAILS END ROAD AND THE EAST LINE OF SAID 20.155 ACRE TRACT, HAVING A RADIUS OF 756.78', A CENTRAL ANGLE OF 01 °30'52" AND A CHORD WHICH BEARS S 17°11'22" W — 20.00' TO THE POINT OF BEGINNING AND CONTAINING 0.025 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. RELEASED: SEPTEMBER 28, 2020 (CWARREN FTaWARREN L. SIMPSON, R.P.L.S. 4122 .......... L. SIMPSON .......... PROJ NO. 3-00619PLAT NO. A3-1769FIELD NOTE NO. 137 Rv MAP CHECKED: 09/28/2020 www.WalkerPartners.com 2 G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\ELECTRIC EASEMENTS\3-00619-FN-137 - SCHMITT-09-23- 2020.docx DocuSign Envelope ID: 5949A3AD-92D5-4B94-80EF-7CC35DAF1813 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") 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 137). 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 clairn the same or any part thereof. WITNESS my hand this day of , 20 DocuSign Envelope ID: 5949A3AD-92D5-4B94-80EF-7CC35DAF1813 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 ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS § That Jack Schmitt and Jeanne Bazar, 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 137). 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 520 BCRUA PH 2, Parcel 137 GRANTOR: JACK SCHMITT JEANNE BAZAR THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared JACK SCHMITT, 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 137 THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared JEANNE BAZAR, 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 137 EXHIBIT "A" BCRUA 137 JACK SCHMITT, AND JEANNE BAZAR, HUSBAND AND WIFE LEGEND Qe = TELECOMMUNICATION MANHOLE TELECOMMUNICATION SIGN -0- =UTILITY POLE �- =GUY WIRE — E — = OVERHEAD ELECTRIC UNE —X— 4'HOG WIRE FENCE = ELECTRIC EASEMENT AREA =112' IRON ROD FOUND 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 RP.R.T.C.T. = REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS ( ) =DEED CALLS JACK SCHMITT AND JEANNE BAZAR, HUSBAND AND WIFE CALLED 20.155 ACRES TRAVIS COUNTY T.C.C.D. 2009111951 CALLED 141.200 ACRES 3 O.P.R.T.C.T. TRACT T.CL.D. 2015027536 O.P.R.T.C.T. i FIELD NOTE R-756.34') POINT OF D=23'26'01" COMMENCEMENT R=756.78' (L-329.36') L=309.52' (CHD=326.76') T STEEL FENCE CH0=307.36' IN 07'24'47- E) CORNER POST BEARS S 70.09'11*W-0.57' N04'4255"E FROM CALCULATED CORNER 04,38• N)-141.24' N 07' 14111'1 222.84B E (No5.02'09'W ROAD (5aT .1 4-z22.64', TRAILS END IGHT OF WAV Bpwi3OE IGVA'T I,0R.T.C.T.' E --VOLUME17B0, All - J IIA-8 J 2241) f2Alij J�u 1ly, LINE TABLE LINE DIRECTION LENGTH L-1 N 72' 06' 11' W 43.14' L-2 N 76' 41' 40' W 10.83' L3 N 13' 18' 20' E 20.00' LA S76'41'40'E 11,63' L5 S 72' 06' 11' E 43.70' (LS) IS 70'09'45-E) (43.70') 20' WIDE (0.025 ACRE) ELECTRIC AND GUY WIRE EASEMENT _ z r r w RODRIGO S. VALDEZ ' AND GRACIELA V, VALDEZ CALLED 5.109 ACRES T C.C.D. 1999161003 O.P.R.T.C.T. 208ERT D. WOMACK CALLED 1.0 ACRES VOLUME 10405, 4 PAGE 131 I, P.R.T.C.T, IRRIGATION CONTROL — VALVE AND WATER WATER MANHOLE FIELD NOTE D=1'30'52" ? POINT OF BEGINNING R=756.78' NZ332,78 Gqr 60 GRID COORDINATES L=20.00' SS"F N10149224.09 E:30615B9S4 CHD=20.00' S 17*1122" W Ri0 yrOFwAYZyNF EXHIBIT OF A 20 FOOT WIDE (0.025) ELECTRIC AND GUY WIRE EASEMENT SURVEYOR'S NOTES: LOCATED IN THE SAMUEL HAYFORD SURVEY, ABSTRACT 2246, IN SURVEYED: NOVEMBER 20, 2019 TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 20.155 RELEASED: SEPTEMBER 28, 2020 ACRE TRACT, DESCRIBED IN A DEED TO JACK SCHMITT AND FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED: JEANNE BAZAR, HUSBAND AND WIFE, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT NUMBER 2009111951, OF THE 20 FOOT WIDE (0.025 ACRE) ELECTRIC AND GUY WIRE EASEMENT LOCATED IN OFFICIAL PUBLIC RECORD OF TRAVIS COUNTY, TEXAS THE SAMUEL HAYFORD SURVEY, ABSTRACT 2248, IN TRANS 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 ///JJJ SHOWN HEREON ARE SURFACE VALUES, OBTAINED WITH AN APPLIED SCALE I FACTOR OF 1.00013. (GRID VALUE x SCALE FACTOR = SURFACE VALUE) A WARREN L SIMPSON, P.L.S. 4122 ©COPYRIGIIT ALL RIGHT'S RL'SERVED Isimpsa @walkeryadners.com Walker Partners engineers * surveyors 804 Las Cimas Pkwy., Suite 150. Austin, Texas 76746 Phone: 1-512-382-0021 . T.B,P.E. Regiaoatlon No. 8053 T.B.P.1-S. Regishallon No. 10194317 0 50 100 200 GRAPI [IC SCALE IN FEET PLAT NO. Al-1769 PROD. NO. 3-00619 DRAFTED O7 TAB EXH F/N NO. 137 FB/PG 3-18 76 DRA\C'N BY D\C'G. NAME3-00619ESMT 137 SCFIMITT MAP CI-IK'D0O9 BCRUA 137 JACK SCHMITT AND JEANNE BAZAR, HUSBAND AND WIFE alker Partners engineers * surveyors 804 Las Cimas Pkwy., Suite 150 Austin, Texas 78746 TWENTY FOOT WIDE (0.025 ACRE) ELECTRIC AND GUY WIRE EASEMENT LOCATED IN THE SAMUEL HAYFORD SURVEY, ABSTRACT 2246 IN TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 20 FOOT WIDE (0.025 ACRE) STRIP OF LAND LOCATED IN SAMUEL HAYFORD SURVEY, ABSTRACT 2246, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 20.155 ACRE TRACT, DESCRIBED IN A DEED TO JACK SCHMITT AND JEANNE BAZAR, HUSBAND AND WIFE, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2009111951 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.). SAID 0.025 ACRE EASEMENT BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING, MADE A PART HEREOF AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A POINT 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.), AT THE NORTHEAST CORNER OF A CALLED 141,200 ACRE TRACT DESCRIBED IN TRACT 1, IN A DEED TO TRAVIS COUNTY, OF RECORD UNDER T.C.0 D 2015027536 OF SAID O.P.R.T.C.T. AND THE SOUTHEAST CORNER OF SAID 20.155 ACRE TRACT, FROM WHICH A 2" STEEL FENCE CORNER POST BEARS S 70'09'11" W — 0.57' AND A 1/2" IRON ROD FOUND MARKING THE BEGINNING OF A CURVE TO THE RIGHT IN THE WEST RIGHT OF WAY LINE OF TRAILS END ROAD BEARS S 07°04'38" E — 222.84'; THENCE N 07°04'38" W — 141.24' WITH THE WEST RIGHT OF WAY LINE OF TRAILS END ROAD, AND THE EAST LINE OF SAID 20.155 ACRE TRACT TO A 1/2" IRON ROD FOUND MARKING THE BEGINNING OF A CURVE TO THE RIGHT (NON - TANGENT); THENCE AN ARC LENGTH OF 309.52', WITH THE WEST RIGHT OF WAY LINE OF TRAILS END ROAD AND THE EAST LINE OF SAID 20.155 ACRE TRACT, ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 756.78', A CENTRAL ANGLE OF 23°26'01" AND A CHORD WHICH BEARS N 04°42'55" E — 307.36', TO THE POINT OF BEGINNING AND SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE THROUGH THE INTERIOR OF SAID 20.155 ACRE TRACT, THE FOLLOWING THREE CALLS: 1) N 72-06'11" W — 43.14' SOUTH OF, PARALLEL WITH AND 20' AT RIGHT ANGLES FROM THE NORTH LINE OF SAID 20.155 ACRE TRACT, TO A POINT FOR ANGLE, 2) N 76°41'40" W— 10.83'SOUTH OF, PARALLEL WITH AND 20' AT RIGHT ANGLES FROM THE NORTH LINE OF SAID 20.155 ACRE TRACT, TO A POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, 3) N 13°18'20" E — 20.00' TO A POINT IN THE COMMON LINE BETWEEN SAID 20.155 ACRE TRACT AND A CALLED 1.0 ACRE TRACT DESCRIBED IN A DEED TO ROBERT D. WOMACK, OF RECORD IN VOLUME 10405, PAGE 531 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, THENCE WITH THE COMMON LINE BETWEEN SAID 20.155 ACRE TRACT AND SAID 1.0 ACRE TRACT, THE FOLLOWING TWO CALLS: 1) S 76°41'40" E — 11.63' TO A POINT FOR ANGLE, 2) S 72-06'11" E — 43.70' TO A POINT IN THE CURVING WEST RIGHT OF WAY LINE OF TRAILS END ROAD, AT THE SOUTHEAST CORNER OF SAID 1.0 ACRE TRACT AND THE NORTHEAST CORNER OF SAID 20 155 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND MARKING THE NORTHEAST CORNER OF A CALLED 5.109 ACRE TRACT, DESCRIBED IN A DEED TO RODRIGO S. VALDEZ AND GRACIELA V. VALDEZ, OF RECORD UNDER T.C.C.D. 1999161003 OF SAID O.P.R.T.C.T. BEARS N 23°32'55" E — 264.18'; www.WalkerPortners.com TBPE Registration No. 8053 I 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-137 - SCHMITT-09-23- 2020.docx THENCE AN ARC LENGTH OF 20.00', ALONG A CURVE TO THE LEFT, WITH THE WEST RIGHT OF WAY LINE OF TRAILS END ROAD AND THE EAST LINE OF SAID 20.155 ACRE TRACT, HAVING A RADIUS OF 756.78', A CENTRAL ANGLE OF 01'30'52" AND A CHORD WHICH BEARS S 17*11'22" W — 20.00' TO THE POINT OF BEGINNING AND CONTAINING 0.025 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. RELEASED: SEPTEMBER 28, 2020 OF T� GAS T F)y : WARREN L. SIMPSON, R.P L.S 4122 .................. WARREN L. SIMPSON PROJ NO. 3-00619 ................' � PLAT NO. A3-1769 9 •�o CAP• p �i•.� ESS1�:.t FIELD NOTE NO. 137 Su R`�� MAP CHECKED: 09/28/2020 www.WalkerPartners.com 2 G:\Projects\3-00619\3 Phase 2 Land Rights\l Survey\1.5 Final Copies\Field Notes\ELECTRIC EASEMENTS\3-00619-FN-137 - SCHMITT-09-23- 2020.docx .' �* Y✓. + '�4 - 'j - 120�E E k". i � �i • ;� 121 E E 14 � •+ y'k �� ,T+S 1 ■ _ 4 in 4 122 124 r lot- ,133. 125 - rt { Y J} r« 127 __ + a f• ,_ r' 128 E 132 E 1E5 1 150 149 •_'-ti,� '� 141 140 E E Ei 1 E E + 143 0.025 ac. (revised) 148 s r x 145 142_ " E 145 E a DocuSign Envelope ID: 5949A3A642D5-4694-80EF-7CC35DAF1813 ,CRUA 137 JACK SCHMITT, AND JEANNE BAZAR, HUSBAND AND WIFE LEGEND OO = TELECOMMUNICATION MANHOLE = TELECOMMUNICATION SIGN UTILITY POLE E— = GUY WIRE — E — = OVERHEAD ELECTRIC LINE —X— 4'HOG WIRE FENCE = ELECTRIC EASEMENT AREA =112' IRON ROD FOUND O.R T.CT = DEED RECORDS TRAVIS COUNTY, TEXAS T.C.C.D. = TRAVIS COUNTY CLERK'S DOCUMENT O.P.RTC T. = OFFICIAL PUBLIC RECORDS TRAVIS COUNTY, TEXAS R.P.R.T,OT. = REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS ( ) = DEED CALLS TRAVIS COUNTY CALLED 141.200 ACRES 3 TRACT 1 T.C.C.D.2015027536 O.P.R.T.C.T. z FIELD NOTE POINT OF 0=23"26'01 " COMMENCEMENT R=756.76' 2' STEEL FENCE CORNER POST BEARS L=309.52' CHD=307.36' S 70°09'i1*W-0,57' N04°42'55"E FROM CALCULATED CORNER .,. �a1-141.24' JACK SCHMITT AND JEANNE BAZAR, HUSBAND AND WIFE CALLED 20.155 ACRES T.C.C.D.2009111951 O.P.R,T.C.T. 222.84' OAD 1N05'B2� END R (S 01'021' E-222.B4) TRAS II � D\ DE RIGHT OF VIP( 441. D.R? C?-� E �VOLUME1780,?AGE 'IAA !1,-J SAU1 1, 7-UA-J LINE TABLE LINE DIRECTION LENGTH L-1 N 72' 0 11' W 43. 14' L-2 N 76' 41' 40' W 10.83' L-3 N 13' 18' 20' E 20.00' L4 S 76' 41' 40' E 11.63' L-5 S 72' 06' 11' E 43 70' (L-5) (S 71 E) (43.70') z w RODRIGO S VALDEZ o AND GRACIELA V. VALDEZ =' CALLED 5,109 ACRES T.0 C D. 1999161003 ROBERT D. WOMACK CALLED 1.0 ACRES VOLUME 10405, .4 PAGE 531 RP.RT.C.T. 5 IRRIGATION CONTROL �— VALVE AND WATER METER N, 3 264 .18, GRID COORDINATES L=20.00' 3p85.6 N:10149224.09 EZMISS534 CHD=20.00' S17'1122"W RyG HTOFwAyC7NF EXHIBIT OF A 20 FOOT WIDE (0.025) ELECTRIC AND GUY WIRE EASEMENT SURVEYOR'S NOTES LOCATED IN THE SAMUEL HAYFORD SURVEY, ABSTRACT 2246, 1N SURVEYED: NOVEMBER 20, 2019 TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 20155 RELEASED SEPTEMBER28, 2020 ACRE TRACT, DESCRIBED IN A DEED TO JACK SCHMITT AND FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED: JEANNE BAZAR, HUSBAND AND WIFE, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT NUMBER 2DO9111951, OF THE 20 FOOT WIDE (0.025 ACRE) ELECTRIC AND GUY WIRE EASEMENT LOCATED IN OFFICIAL PUBLIC RECORD OF TRAVIS COUNTY, TEXAS THE SAMUEL HAYF RO U (R=756 34') (L=32936') 20'WIDE (0.025 ACRE) (CHD=326.76') ELECTRICANDGUY IN 07'24'47- E) WIRE EASEMENT 1 da— RIGHTOF WAY LINE /A 0. WATER MANHOLE -1' FIELD NOTE D=1^30'52 POINT OF BEGINNING R=756 78' 0 S RVEY, ABSTRACT 2246, IN TRAMS 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. �(� �:. TF �Pi•�j\S E/�• �� Cij . 4i � R •9N THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THE .................. TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE WARREN L. SIMPS01", ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS, DISTANCES SHOWN HEREON ARE SURFACE VALUES, OBTAINED WITH AN APPLIED SCALE .................. . �'Y 4122 Qv� �• FACTOR OF 1.00013.(GRID VALUE x SCALE FACTOR=SURFACE VALUE) 1 • WARREN L. SIMPSON, ��iO�FESS�: ••y0 SURD .P.L.S.4122 ©COPYRIGFIT ALL RIGHTS RESERVED Isimpson@walke paMers.com Walker Partners engineers *surveyors 804 Las Ci—s Pkwy, Suite 150 • Austin. Texas 78746 Phone: 1.512-382-0021 • T.B.P.E. Registration No. 8053 T.B.P.L.S. RegNtlagon W. 10194317 0 50 100 200 GRAPHIC SCALE IN FEET PLAT NO. Al-1769 PROJ. NO. 3-00619 DRAFTED 01 2) 20 TAB EXII F/N NO. 137 FB/PG 3-18 76 DRAWN BY NX'CII DNX'G. NAIyfE3-00619ESMT 137 SCTIMITT NEAP CFIK'D09 23 2020 1P ROUND ROCK TEXAS City of Round Rock Agenda Item Summary Agenda Number: Title: Consider execution of an Easement Purchase Agreement (revised) with Jack Schmitt and Jeanne Bazar for acquisition of a 0.025 acre electric utility easement required for the BCRUA Phase 2 Raw Water Delivery Project (Parcel 137) Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/30/2020 Dept Director: Michael Thane, Director of Utilities and Environmental Services Department Cost: Indexes: Attachments: SCHMITT(137)--electric easement REVISED 10.21.20, SCHMITT(137)-Map REVISED 10.21.20 Department: Utilities and Environmental Services Text of Legislative File CM-2020-307 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. Prior to closing the previously approved easement purchase agreement for Parcel 137, it was determined that the size of the easement area could be reduced from 0.232 acre to 0.025 flNe-M This revised agreement reflects the updated parcel size, and no additional funding is required. City of Round Rock Page 1 of 1