Loading...
CM-2020-321 - 11/20/2020DocuSign Envelope ID: 7551F326-5B93-456D-8B7 ECF6DE4A1E 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: Mihaly Deak, Jr., a single man Address: 10524 Lime Creek Road, Leander, TX 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 0.212 acre, more or less, out of the Texas Central Railroad Company Survey 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: Kristi Dobrinski Phone: (512) 337-0300 E-mail: Kristi.Dobrinski a?TexasNationai,ritle.com Purchase Price: $ 3,500.00 County for Performance: Travis County, Texas Address: 305 Denali Pass Drive, Suite A Cedar Park, Texas 78613 Fax:(512)853-5810 116 DocuSign Envelope ID: 7551F3213-51393-456D-813ECF6DE4A1E 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.I. 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.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 r iI 1 i r r-:� r 11 I ;f IJ r' d r r, " I �' 4 4 r 2 16 DocuSign Envelope ID: 7551F326-5693-456D-8Bgr7ECF6DE4A1E 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. i 0 •� :n e is ( H !. H 11 A 4' 3 16 DocuSign Envelope ID: 7551F32B-5B93-456D-BB"ECF6DE4A1E F. Miscellaneous Provisions F.1. Notices. Any notice required by or permitted under this contract must be in writing F2. 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 I L Binding Effect. This contract binds, benefits and maybe enforced by the parties and their respective heirs, successors, and permitted assigns. 4 16 DocuSign Envelope ID: 7551F326-5B93-456D-8BA7-FDECF6DE4A1E SELLER: Mihaly Deak, Jr. By: Mihaly Dead(, Jr. � F Date: NJ BUYER: City of Round Rock, a Texas home rule city By: Title: Date: 5 16 DocuSign Envelope ID: 755lF32B-5B93-456D-8BA7-FDECF6DE4A1E Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA) DocuSigned by: SSB460D81 D5C4A0 By: Karen Bondy, General Manager 6/25/2020 Date: Title Company acknowledges receipt of a copy of this contract executed by both Buyer and Seller. By: Name: Title: Date: I i+�mrrih 4`:i n-i A : ran nr 6 1;a F':3'i I i�, 616 Exhibit A BCRUA 122 MIHALY DEAK, JR. Walker Partners engineers *surveyors 804 Las Cimas Pkwy., Suite 150 Austin, Texas 78746 TWENTY FOOT WIDE (0.212 ACRE) ELECTRIC EASEMENT LOCATED IN THE TEXAS CENTRAL RAILROAD COMPANY SURVEY, ABSTRACT 2236 IN TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 20 FOOT WIDE (0.212 ACRE) STRIP OF LAND LOCATED IN THE TEXAS CENTRAL RAILROAD COMPANY SURVEY, ABSTRACT 2236, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 13.941 ACRE TRACT, DESCRIBED IN A DEED TO MIHALY DEAK, JR., OF RECORD IN VOLUME 13095, PAGE 1401 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS (R.P.R.T.C.T.), OF WHICH IS A PORTION OF LOT 18, OF RED WAGON RANCHETTES, SECTION 2, OF RECORD IN VOLUME 13, PAGE 54, OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS. SAID 0.212 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 PIPE FOUND IN THE EAST LINE OF A CALLED 81.915 ACRE TRACT, DESCRIBED IN PARCEL 2, IN A DEED TO TRAVIS COUNTY, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2015027536 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.), MARKING THE SOUTHWEST CORNER OF SAID 13.941 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT AND THE NORTHWEST CORNER OF A CALLED 7.59 ACRE TRACT DESCRIBED IN A DEED TO ROSE ANN SCOTT, OF RECORD IN VOLUME 7739, PAGE 793 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS, FROM WHICH A 3/4" IRON PIPE FOUND MARKING THE NORTHWEST CORNER OF SAID 13.941 ACRE TRACT BEARS N 13°34'33" E — 757.36'; THENCE N 13'34'33" E — 20.26' WITH THE COMMON LINE BETWEEN SAID 81.915 ACRE TRACT AND SAID 13.941 ACRE TRACT, TO A POINT AT THE NORTHWEST CORNER OF HEREIN DESCRIBED EASEMENT; THENCE S 67°13'10" E — 464.87'THROUGH THE INTERIOR OF SAID 13.941 ACRE TRACT, NORTH OF, PARALLEL WITH AND 20' AT RIGHT ANGLES FROM THE COMMON LINE BETWEEN SAID 13.941 ACRE TRACT AND SAID 7.59 ACRE TRACT, TO A POINT AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT IN THE CURVING COMMON LINE BETWEEN SAID 13.941 ACRE TRACT AND A CALLED 10.615 ACRE TRACT DESCRIBED IN A DEED TO RICHARD J. MINOR, JR. AND AMY E. MINOR, OF RECORD UNDER T.C.C.D. 2010100809 OF SAID O.P.R.T.C.T., BEING THE CENTERLINE OF LIME CREEK ROAD (NO DEDICATION FOUND); THENCE AN ARC LENGTH OF 20.29', WITH THE COMMON LINE BETWEEN SAID 13.941 ACRE TRACT AND SAID 10.615 ACRE TRACT, ALONG THE CENTERLINE OF LIME CREEK ROAD, WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 668.70', A CENTRAL ANGLE OF 01'44'19" AND A CHORD WHICH BEARS S 32°28'56" W — 20.29' TO A POINT AT THE SOUTHWEST CORNER OF SAID 10.615 ACRE TRACT AND THE SOUTHEAST CORNER OF SAID 13.941 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE N 67'13'10" W, PARTWAY THE COMMON LINE BETWEEN SAID 13.941 ACRE TRACT AND SAID 7.59 ACRE TRACT, PASSING AT 35.65' A 1/2" IRON ROD WITH CAP STAMPED "TERRA FIRMA" FOUND ON LINE, A TOTAL DISTANCE OF 458.21', RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.212 ACRE OF LAND. SURVEYED BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 4122 ON DECEMBER 17, 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. ' F rF WARREN L. SIMPSON, R.P.L.S. 412 CCYWVA�RREN ..... . SIMPSON PROJ NO. 3-00619""""' PLAT NO. Al -177622v�FIELD NOTE NO. 122 R MAP CHECKED: 02/05/2020 www.WalkerPartners.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-122 - DEAK.docx BRCUA 122 IRON PIPE FOUND 1 J 1,6 �11= ZI IZ 5'DRAINAGE AND 11 PUBLIC UTILITY EASEMENT VOLUME 13, PAGE 54 1 1 P.R.T.C.T. 1 1 LOT SS 1 r TRAVIS COUNTY I CALLED 81.915 ACRES 1 PARCEL2 1 T.C.C.D.2015027536 1 O.P.R.T.C.T. 1 LEGEND ka -0- =UTILITY POLE E— =GUY WIRE — E — = OVERHEAD ELECTRIC LINE =EASEMENT AREA D.R.T.C.T. =DEED RECORDS TRAVIS COUNTY, TEXAS S 7d S"I"la AA"'J" T.C.C.D. = TRAVIS COUNTY CLERK'S DOCUMENT "Way 4"Idr O.PRT.C.T. = OFFICIAL PUBLIC RECORDS TRAVIS COUNTY, TEXAS A&I"n Ina, 7E Vid as my, 19". -3 P.R.T.C.T. =PLAT RECORDS TRAVIS COUNTY, TEXAS R.P.RT.C.T. = REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS ( ) =DEED CALLS I I LIME CREEK ROAD�I � PRESCRIPTIVE EASEMENT NO DEED OF RECORD WAS FOUND BY THIS SURVEYOR OR TRAVIS COUNTY, TEXAS RICHARD J. MINOR, JR PORTION OF: LOT 18 I I ANDAMYE.MINOR RED 'N.6.GOt•F RAFFC.HETT.:S CALLED 10,615 ACRE T.C.C.D. 2DIO100809 5'DRAINAGE AND SECTION 2 I VOLUME, V, P.AGE 54 O.P.R.T.C.T. -PUBLIC UTILITY EASEMENT I VOLUME 13, PAGE 54 P.R.T.C.T. P.R.T.C.T. MIHALY DEAK, JR. CALLED 13.941 ACRES VOLUME 13095, PAGE 1401 D=1 °44'19" R.P.R.T.C.T. R=668. 70'(R=668 70 ) I 0.212ACRE ELECTRIC L=20.29' EASEMENT I CHD=20.29' S 67°13'10" E - 464.87' 1 S,32°2856" W N 13°3433"E-20.26' E E 1 N 67°13'10" W - 458.21' 5.65' 112' IRON PIPE FOUND (N 65°13'05- W-458.21') (35.65') 5'DRAINAGE AND 1 1/2' IRON ROD WITH CAP STAMPED 'TERRA FIRMA'FOUND PUBLIC UTILITY EASEMENT 111 VOLUME I3, PAGE 54 / P.R.T.C.T. LOT 18 -- ' — 1 1 5'DRAINAGE AND PUBLIC UTILITY EASEMENT 1 FIELD NOTE POINT OF BEGINNING GRID COORDINATES 1 N10I4653256 E:3062511.60 ROSE ANN SCOTT CALLED 7.59 ACRES VOLUME 7739, PAGE 793 D.R.T.C.T. VOLUME P.R.T.C.T. 54 1111 LOT 16 111 SURVEYOR'S NOTES: 1 I SURVEYED: DECEMBER 17,2019 1 1 FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED: 20 FOOT WIDE (0.212 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 HEF THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THE 1 STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE ACQUIRED FRC GLOBAL POSITIONING SYSTEM OBSERVATIONS. DISTANCES SHOWN HERE01 SURFACE VALUES OBTAINED WITH AN APPLIED SCALE FACTOR OF 1.00013, (( VALUE x SCALE FACTOR = SURFACE VALUE). ©COPYRIGI IT ALL RIGHTS RESERVED EXHIBIT OF A 20 FOOT WIDE (0212 ACRE) STRIP OF LAND LOCATED IN THE TEXAS CENTRAL RAILROAD COMPANY SURVEY, ABSTRACT 2236, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 13.941 ACRE TRACT DESCRIBED IN A DEED TO MIHALY DEAK, M OF RECORD IN VOLUME 13095, PAGE 1401, OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS Walker Partners engineers * surveyors 004 Las Clmas Pkwy., Sulle 150 • Austln, Texas 78746 Phone: 1-512-302-0021 • T.B.P.E. Reglalrallon No. 6053 T.B.P.LS. Reglstretlon No. 10194317 0 50 100 200 GRAPHIC SCALE IN FEET PLAT NO. Al-1776 PROJ. NO. 30--619 DRAFTED02/ TAB =- I F/N NO. 122 FB/PG 3 26 15 DRAXVN BY DWG. NAME3-00619-PARCEL. 122-DEAK MAP CI IK'D 0, 3/ Exhibit B ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS That Mihaly Deak Jr., 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 0.212 acre tract in the Texas Central Railroad Company Survey, 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. 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 122 (Mihaly Deak Jr.) day of , 20 [signature page follows] Exhibit B Mihaly Deak Jr. Date: THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Mihaly Deak Jr., 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 120 Notary Public in and for The State of Texas Please Return to: Cobb, Fendley & Associates, Inc. / Right of Way Department 505 E. Huntland Drive, Suite 100 Austin, TX 78752 Parcel 122 (Mihaly Deak Jr.) 2 m � City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider execution of an Easement Purchase Agreement with Mihaly Deak, Jr. for acquisition of a 0.212 acre electric utility easement required for the BCRUA Phase 2 Raw Water Delivery Project (Parcel 122). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 11/20/2020 Dept Director: Michael Thane, Director of the Utilities and Environmental Services Department Cost: $3,500.00 Indexes: Regional Water Fund Attachments: DEAK(122)--electric easement purchase agreement, Map Department: Utilities and Environmental Services Text of Legislative File CM-2020-321 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 Mihaly Deak, Jr. for the acquisition of 0.212 acre along their property. The negotiated purchase price for this easement is $3,500 and has been approved by the BCRUA Operations Committee. Cost: $3,500 Source of Funds: Regional Water Fund City of Round Rock Page 1 of 1