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CM-2021-071 - 3/19/2021DocuSign Envelope ID: 44A9EE9B-269D-4922-A1BF-99E7B82ECAE1 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: Rose Anne Scott Address: 8331 La Roche Ln. Houston, TX 77036 Phone: (713) 419 2592. Buyer: City of Round Rock, a Texas home rule city Address: 221 E. Main St. Round Rock, TX 78664 Williamson County Easement Property: that certain tract of land in Travis County, Texas, more particularly described by metes and bounds and sketch in Exhibit "A", attached hereto and incorporated herein for all purposes (the "Easement Property"); Title Company, Texas National Title Escrow Agent: Stacic Barnes Phone: (512) 337-0300 E-mail: Stacie.barnes@'['ex isNationalTitle.corn Purchase Price; 7,StxlAO County for Performance*: Travis County, 'Texas A. Closing Documents Address: 305 Denali Pass Drive, Suite A Cedar bark, Texas 78613 Fax:(512) 853-5810 A. I. At Closing, Seller will deliver the Following items: Easement Purchase Agreement — BCRUA Parcel Page 116 DocuSign Envelope ID: 44A9EE9B-269D-4922-A1BF-99E7B82ECAE1 Electric Utility E&scment in the same form and substance as the attached Exhibit "B" 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 A—Enascment Property Description Exhibit B - Electric Utility Easement C. Purchase and Sale of Property Interests Purchase and Scree 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 9.1. 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.1.ca. Closing Dueurnerrts; Title Coiizparz}= Docct►pients. 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 fiends acceptable to Title Company. D.Le, 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 instruction~. D.1.d. Posse}sian. Seller will deliver possession of the Property Interests to Buyer, subject to the Permitted 11iitle Exceptions existing at Closing. D.2. Transaction Costs D.2.a. Buyer's Costs. Buyer will pay the basic charge for the Title Policy; the escrow fee charged by Title Company; the costs to Prepare the easement; the costs to obtain, deliver, Basement Purchase AgrePrroent BCfiU,€t Parcel - -- Page 216 DocuSign Envelope ID: 44A9EE9B-269D-4922-A1BF-99E7B82ECAE1 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 he paid by Buyer in this contract, including Buyer's attorney's fees and expenses. D.2A 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. I_ A Ivscrcrt7c•e of'[itde 1'rllic.y. Buyer will cause Title Company to issue the Title Policy to Buyer as soon as practicable after Closing, I,. Default and Remedies E.1. Specific Perfornulrzce.. 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_i. Seller's Default; Remedies rifler 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 Dacurnents, EA Buyers Defaidl; Remedies, If Buyer fails to perform any of' its obligations under this contract ("Buyers 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. Attorneys 1 ties. If either party retains an attorney to enforce this contract, the party prevailing in Iitigation is entitled to recover reasonable attorney's fees and court and other costs. F, Miscellaneous Provisions Easement Purchase Agreement — BCRUA Parcel _—_ face 316 DocuSign Envelope ID: 44A9EE9B-269D-4922-A1BF-99E7B82ECAE1 F.1. Notices, Any notice required by or permitted under this contract must be in writing 1?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 these documents. F 3. Amendment. ]'his 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 Clotting. FA Choice of Law; Venue. This contract is to he construed under the laws of the State of Texas. Venue is in the county for performance. F.7. Waiver of Deftaalt. 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 it provision in this contract is unenforceable for any reason, to the extent the Linen forceabiIity does not destroy the basis of the bargain among the parties, the uncnforceability 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 Nol to Be Construed against Marty Who Drafted Contraet. 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. FJL Binding E:ff�el. This contract hinds, benefits and may be enforced by the parties trod their respective heirs, successor~, and permitted assigns. Easernent PLirOiase Agreernent — DCRUA Parcel _-- Page 4i6 DocuSign Envelope ID: 44A9EE9B-269D-4922-A1BF-99E7B82ECAEt SELLER: BUYER: Rose Anne Scott © u jm- -w- - By: ��� Title: Date: � City of Round Rock, a Texas home rule city r C%v By: Title: _/z?,2V Datt:.: Easement PLIrcbasL Agreemernt — B C R U A Parcel ___ Page 516 DocuSign Envelope ID: 44AKE96-269D-4922-A1 BF-99E71382ECAE1 Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA) \ Docu5ignedy: 55WIDW DSNA0... By: Karen Bondy, General (Manager 2/23/2021 Date: Title Company acknowledges receipt of a copy of this contract executed by both Buyer and Seller. By: Name: Title: Date: Fasement Purchase Agreement -- DCRUA Parcel --- Page 616 DocuSign Envelope ID: 44A9EE9B-269D-4922-A1BF-99E7B82ECAE1 _XRUA 123 ROSE ANNE SCOTT walker Partners erTglneers * surveyors 804 Las Cows Pkwy., Suite 150 Aus'Ert, Texas 78746 0.050 ACRE ELECTRIC EASFNI ENT LOCATED IN THE TEXAS CENTRAL RAILROAD COMPANY SIUR`'EY, ABSTRACT 2236 IN TRA`JIS COUNTY, TEXAS FIELD NOTES FOR A 0,050 ACRE STRIP OF LAND LOCATED IN THE TEXAS CENTRAL RAILROAD COMPANY SURVEY, ABSTRACT 2236, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 7.59 ACRE TRACT DESCRIBED IN A DEED TO ROSE ANNE SCOTT, OF RECORD IN VOLUME 7739, PAGE 793 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS (D.R.T.C.T.). SAID 0,060 ACRE EASEMENT BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING MADE A PART HEREOF AND FURTHER DESCRIBED BY METES AND SOUNDS AS FOLLOWS: BEGINNING AT A 1/2" IRON ROD FOUND IN THE WEST LINE OF LIME CREEK ROAD (VARIABLE WIDTH), MARKING THE SOUTHEAST CORNER OF SAID 7.50 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, FROM WHICH THE NORTHEAST CORNER OF LOT 10, BLOCK 0 OF TRAVISTA, A SUBDIVISION OF RECORD IN VOLUME 91, PAGE 84, OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS (P.R.T.C.T) SEARS S 86"42`3T W - 14.37'; THENCE 5 86°42'30" W — 20.28', WITH THE SOUTH LINE OF SAID 7,59 ACRE TRACT AND PARTWAY WITH THE NORTH LINE OF SAID LOT 10, TO POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF SAID 7,69 ACRE TRACT BEAR$ S 86°42'30" W—318,47'; THENCE THROUGH THE INTERIOR OF SAID 7.59 ACRE TRACT, THE FOLLOWING TWO (2) CALLS:. 1) N 18'20'10" E — 51,05' TO A POINT FOR ANGLE; 2) N 26°23'63" E—127.93' TO A POINT IN THE EAST LINE OF THE SAID 7.59 ACRE TRACT, IN TI•IE CURVING WEST LINE OF LIME CREEK ROAD AT THE NORTH CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 112" IRON PIPE FOUND AT THE NORTHWEST CORNER OF A CALLED 1.27 ACRE TRACT DESCRIBED IN A DEED TO BRIAN E. STEENSLAND OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT 2011028824 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R,T.C.T.), SEARS N 2812'45" E—80,81', AND A 1/2" IRON PIPE FOUND MARKING THE NORTHWEST CORNER of THE SAID 7,59 ACRE TRACT BEARS N 05026'24" W 1029.98'; THENCE WITH THE WEST LINE OF LIME CREEK ROAD AND THE EAST LINE OF SAID 7.59 ACRE TRACT THE FOLLOWING TWO (2) CALLS: 1) AN ARC LENGTH OF 23.57', ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 163.08', A CENTRAL ANGLE OF 08°16'55" AND A CHORD OF S 14027'22" W — 23,55' TO A POINT AT THE END OF SAID CURVE TO "FHE RIGHT, 2) S 18-36-15" W—146.74', RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.050 ACRE OF LAND SURVEYED BY WARREN L SIMPSON, RE&STERED PnOFESSIONAL LAND SURVEYOR, NO. 4122 ON OCTOBER 07, 2020. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAI POS TIONING SYSTEM OBSERVATIONS, THE DISTANCES SHOWN HEREIN ARE SURFACE VALUES RELEASED: OCTOBER 27, 2020 WARREN L. SIMPSON, R.P.L,S4122 -- ; � �6�;� .................. WARREN L. SIMPSON PRO.JNO. 300619 "`•+••••,•�•••••• PLAT NO, A31918 9•�'�po 4122 �Q;•Q ",SSti.J,� FIELD NOTE NO. 123S Li MAP CHECKED: 1 N2012020 - JBM www.WalkerPoriners.com TBPE Registration No. 8053 I TBPLS Registration, No. 10194317 G:',Projects\3-006I9\3 Phase 2 Land Rignls\ 1 Survey\ i,5 Final Colaies\Fie4' Notes\ELECTRIC LASEMENTS\3-07614-FN-123 - SCOTT.docx DocuSign Envelope ID. 44A9EE9B-269D-4922-A1BF-99E7B82ECAE1mi XUA M ROSE ANNE SCOTT LEGEND N p4''p NCZ C+ A O �-V -A 'P G� (tA 1-A D LINE TABLE LINE DIRECTION LENGTH L-1 S 86- 42 30- W 20 28' 1 L-2 I N16-MID-E 51,05' CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD C-1 23.5r 163.W 8.1655' 1 S 14° 27' 22- W - 23 55' LOT 10, BLOCK B TRAVISTA VOLUME 91. PAGE 84 PRTC.T NCOLETTE'W GOCOFELOWAND ROGER F. GOWGULOW CALLED 2.75 ACRES VOLUME 12146, PAGE 851 RPRTCT —e E - PORTION OF :vF 19 RED WA-320H RAPICHETTES 'iO!-U?!E 13, PAGE St r.R.' C' ROSE ANNE SCOTT CALLED 7.59 ACRES VOLUME 7139, PAGE 793 D.R.T.C.T. • = U2-IRONRODFOUNO I I =PLATl:EEDCALLS D R T CT = DEED RECORDS TRAVIS COL0I11. TEXAS P R T C T = PLAT RECORDS TRAVIS COUNTY. TE)VS R P R T C.T = REAL PROPERLY RECORDS TRAVIS CUJN-Y TEXAS O.PRTCT. -0PHICIALPUBLIC REOORDS TRAVIS COUNTY, TEXAS m = TELEPHONE RISER —E— = OVERHEAD ELECTRLC LINE -0- =UTILITY Poo C-- =GUY WIRE TEXAS CENTRAL RAILROAD COMPANY SURVEY ABSTRACT 2236 1.7 IRON TRAVIS COUNTY, TEXAS PIPE MLAC 0.050ACRE NOTE THE WEST LINE OF THE ELECTRIC PROPOSED EASEMENT IS 117 EASEMENT WEST OF AND PARALLEL TO THE PROPOSED ELECTR'C LINE 5SP F Y?7.gq• 20'45W W 148 f -S 1813616 W W.74' C 'V 2tl•;p4S.E FIELD NOTE POINT L IR�563,OBI BQBI Ir-1RON OF BEGINNING LIME CREEK ROAD `� E PIPE FOUND E GRID COORDINATES (VARIABLE WIDTH) N:1014S34S48 E:3062856.4B E NO DEED WAS FOUND BY THIS SURVEYOR BRAN E STEENSLAND CALED 1,27 ACRES T C C D 201/028624 OPATCT SURVEYED OCT.CBER 0?, 2020 \ RELEASED OCTOBER27.W 1� FELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED- OA50 ACRE ELECTRIC EASEMENT LOCATED IN THE TEXAS CENTRAL RAILROAD COMPANY SURVEY. ABSTRACT 22M IN TRAVIS COUNTY,TEXAS SURVEYORS NOTES TI-E SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT THEREFORE TINE SURVEYOR CERRFIESTHAT EASO(ENTSTHATHEHAS BEENADVISEDOFHAVE BEEN ADDRESSED HEREON LIOnVERVE SURVEYOR COESNOT GUARANTEE THAT ALL EASEMENT$ RESTRICTIONSOR ENCUMBRANCESIEITHER OF RECORD OR NOT OF RECORD) VeRCH MAY AFFECT THE SUBJECT TRACT ARE SHOWN HEREON THE BEARINGS AND GRID COORDINA: ES SHOWN HEREON ARE BASED UPON 7HE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS CENTRAL ZONE ACOLRRE0 FROM GLOBAL POSTPONING SYSTEM OBSERVATIONS ALL C4STANCES AND AREAS SH"HEREON ARE BASEDON SURFACE CONDITIONS EXHIBIT OP A 0.050 ACRE ELECTRIC EASEMENT LOCATED IN THE TEXAS CENTRAL RAILROAD COMPANY SURVEY, ABSTRACT 2236, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 7.% ACRE TRACT DESCRIBED IN A DEED TO ROSE ANNE SCOTT, OF RECORD IN VOLUME 7739, PAGE 793 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS. O C(1PYRICI 1.1' ,\1,1. R1L;11TS RP_SLI yla) VlARREIMPSON. RPLS 41 tsmpaor gwaT�eroav�ers.xm 0 30 GO 120 �- ♦ {rL LZler P ers 6101'111c'.1C I IN 11.1'.1 en ineers * surve ors 9 Y PI.\T\O \31918 I'Rt1f.\U. 3(N)619 I)(L\!r!'1.1) 10i19/20 wLuCrna PkM Sun.1500 Ate,T—n748 Phmx 15z2.382.0021■ TBP.E RpaMbnNU, 11053 1.\fi 1�XI1 h;\ \U 123 jj 63 DRA%N BY RYt T B P L.S R.3far ff. No 1/394317 DwG. MAP \ \m1. 3.001519EW-PARaL123-SCOUDM CIIK'D) 1919 2D DocuSign Envelope ID: 44AKE96-269D-4922-A1BF-99E71382ECAE1 EXHIBIT "B " ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS § That , ror and in consideration of TEN DOLLARS ($1 0M) 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 acre ( square foot) tract in the Survey, Abstract No. �, County, Texas; being more fully described nictes and bounds in Exhibit "A", attached hereto and incorporated herein (Parcel by With guying casements 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, hangirk 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 casement area frown xt public right of way; the right to relocate the lines within the limits of said casement 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 casement and rights shall be relinquished. This casement 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 casement and rights unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS my hand this - day of , 20 DocuSign Envelope ID: 44A9EE9B-269D-4922-A1BF-99E7B82ECAE1 GRANTOR: (Printed Corowule or Business Nam,) Its: (5iglr:lnkre) THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose nanic is subscribed to the foregoing instrument and acknowledged that they executed the sauce 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'rcxas Cobb, Fentlley & Associates, Inc. / Right of May Department 505 E. Hun,tland Drive, Suite 100 Austin, TX 78752 2 do 4 LAW 4- Im %L -* N Lij Lij n, LU E. ti — AL 4r &- i— lk " IROUND ROCK XAS City of Round Rock Agenda Item Summary Agenda Number: Title: Consider execution of an Easement Purchase Agreement with Rose Anne Scott for acquisition of a 0.050 acre electric utility easement required for the BCRUA Phase 2 Raw Water Delivery Project (Parcel 123). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 3/19/2021 Dept Director: Michael Thane, Utilities and Environmental Services Director Cost: $7,500.00 Indexes: Regional Water Fund Attachments: SCOTT(123)--electric easement purchase agreement (signed by owner -Authority), SCOTT(123)--background property location exhibits Department: Utilities and Environmental Services Text of Legislative File CM-2021-071 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 Rose Anne Scott for the acquisition of 0.050 acre along her property. The negotiated purchase price for this easement is $7,500 and has been approved by the BCRUA Operations Committee. Round Rock's portion of this amount is 28.19% which equates to $2,114.25. Cost: $7,500 Source of Funds: Regional Water Fund City of Round Rock Page 1 of 1