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CM-2021-082 - 3/26/2021DocuSign Envelope ID 35EC1FEB-3A58-4BB6-8846-600BS40217C4 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: Our Lady Queen of Peace House of Prayer, a non-profit organization Address: 23700 Nameless Rd., Leander, TX 78641, Travis County Phone: (512)267-6830 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 tracts of land in Travis County, Texas, more particularly described by metes and bounds and sketches in Exhibit "A" and "B", attached hereto and incorporated herein for all purposes (the "Easement Property"); Title Company: Texas National Title Escrow Agent: Stacie Barnes Phone: (512) 337-0300 E-mail: Stacie.barnes,�c�';TexasNationalTitle.com Purchase Price: $ 25,000.00 County for Performance: Travis County, Texas A. Closing Documents Address: 305 Denali Pass Drive, Suite A Cedar Park, Texas 78613 Fax:(512) 853-5810 A.1. At Closing, Seller will deliver the following items: Electric Utility Easement in the same form and substance as the attached Exhibit "C". Easement Purchase Agreement — BCRUA Parcel 0 8 7 & 0 8 8 C' 1 1 6 &W 202(- 0 82 DocuSign Envelope ID 35ECIFEB-3A58-4B136-8846-60013540217C4 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 -Easement Property Description Exhibit B Easement Property Description Exhibit C - Electric Utility Easement C. Purchase and Sale of Property Interests Purchase and Sale Agreement. Seller agrees to sell and convey the Property Interests to Buyer, and Buyer agrees to buy and pay Seller for the Property Interests. The promises by Buyer and Seller stated in this contract are the consideration for the formation of this contract. D. Closing D.1. Closing. This transaction will close ("Closing") at Title Company's offices at the Closing Date and Closing Time. At Closing, the following will occur: D. La. Closing Documents; Title Company Documents. The parties will execute and deliver the Closing Documents and any documents required by Title Company. D.Lb. Payment of Purchase Price. Buyer will deliver the Purchase Price and other amounts that Buyer is obligated to pay under this contract to Title Company in funds acceptable to Title Company. D.I.c. Disbursement of Funds; Recording; Copies. Title Company will be instructed to disburse the Purchase Price and other 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. Ld Possession. Seller will deliver possession of the Property Interests to Buyer, subject to the Permitted Title 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, and record releases of any liens required to be released in connection with the sale; the Easement Purchase Agreement — BCRUA Parcel 087 & 088 --at'- 216 DocuSign Envelope ID: 35EC1FEB-3A58-4BB6-8846-6008540217C4 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. Easement Purchase Agreement — BCRUA Parcel 087 & 088 -'a s e 3 16 DocuSign Envelope ID: 35EC1FES-3A58-4BB6-8846-600B540217C4 F.2. Enure 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. F4. Assignment. Buyer may assign this contract and Buyer's rights under it. F.S. Conflicts. If there is any conflict between the Closing Documents and this contract, the Closing Documents will control. The representations made by the parties as of Closing survive Closing. F.6. Choice of Law; Venue. This contract is to be construed under the laws of the State of Texas. Venue is in the county for performance. F.7. Waiver of Default. Default is not waived if the non -defaulting party fails to declare a default immediately or delays taking any action with respect to the default. F.8. Severability. If a provision in this contract is unenforceable for any reason, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability does not affect any other provision of this contract, and this contract is to be construed as if the unenforceable provision is not a part of the contract. F.9. Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of construction that ambiguities in a document are construed against the party who drafted it does not apply in interpreting this contract. F.10. Counterparts. If this contract is executed in multiple counterparts, all counterparts taken together constitute this contract. Copies of signatures to this contract are effective as original signatures. F 11. Binding Effect. This contract binds, benefits and maybe enforced by the parties and their respective heirs, successors, and permitted assigns. Easement Purchase Agreement — BCRUA Parcel 0 8 7 & 0 8 8 P d g e 4 t 6 DocuSign Envelope ID: 35ECIFEB-3A58.4B6$-8846-BOOBS40217C4 SELLER: Our Lady Queen of Peace House of Prayer BUYER: EDocu3ipned by: � numsst, 29BflE9692642429 Signature: Jim Morrissey Printed Name: City of Round Rock, a Texas home rule city Chairman of the Board Title: 2/3/2021 Date: lowlmo�� s- 61LI v&ee'� Bp: Title: —,;16, '�V'z Date: Easement Purchase Agreement — BCRUA Parcel 087 & 088 pag& 516 DocuSign Envelope ID 35ECIFEB-3A58-413B6-8846-60013540217C4 Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA) CDocuftned by:�°- 556�60081DSGA0. By: Karen Bondy, General Manager 2/4/2021 Date: Title Company acknowledges receipt of a copy of this contract executed by both Buyer and Seller. By: Name: Title: Date: Easement Purchase Agreement — BCRUA Parcel 087 & 088 Page 616 DocuSign Envelope ID: 35ECIFEB-3A58-41386-8846-6008540217C4 L 'RUA 087 �' XH1tS1' 1' "1'� OUR LADY QUEEN OF PEACE HOUSE OF PRAYER (DIF4��Partners*surveyors 600 Austin Ave., Suite 20 Waco, Texas 76701 20 FOOT WIDE (0.156 ACRE) ELECTRIC EASEMENT LOCATED IN THE JAMES SYLVESTER SURVEY, ABSTRACT 761 TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 20 FOOT WIDE (0.156 ACRE) STRIP OF LAND LOCATED IN THE JAMES SYLVESTER SURVEY, ABSTRACT 761 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 11.528 ACRE TRACT DESCRIBED IN A DEED TO OUR LADY QUEEN OF PEACE HOUSE OF PRAYER, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2011162332 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.). SAID 0.156 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 WITH CAP STAMPED "WATSON" FOUND IN THE FENCED SOUTHWEST MARGIN OF FARM TO MARKET HIGHWAY 2243 (NAMELESS ROAD), MARKING THE EAST CORNER OF SAID 11.528 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, AND BEING THE NORTH CORNER OF A CALLED 22.651 ACRE TRACT, LISTED IN A DEED TO DAVIDASS MAHENDRU AND SWARAN MAHENDRU, OF RECORD UNDER T.C.C.D. 2006018071 OF THE O.P.R.T G.T. AND DESCRIBED IN A BOUNDARY LINE AGREEMENT RECORDED UNDER T.C.C.D. 2006018070 OF SAID O.P.R.T.C.T., THENCE S 26'40'01" W - 20.93' WITH THE COMMON LINE BETWEEN SAID 11.528 ACRE TRACT AND SAID 22.651 ACRE TRACT, TO A POINT FOR THE THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND MARKING THE SOUTH CORNER OF SAID 11.528 ACRE TRACT BEARS S 26'40'01" W-1639.15% THENCE THROUGH THE INTERIOR OF SAID 11.528 ACRE TRACT, SOUTHWEST OF, PARALLEL TO, TWENTY FEET AT RIGHT ANGLES FROM THE NORTHEAST LINE OF SAID 11.528 ACRE TRACT, THE FOLLOWING THREE (3) CALLS: 1) N 46`11'03" W - 6.73' TO A POINT FOR ANGLE, 2) N 42`58'25" W-180.78' TO A POINT FOR ANGLE, 3) N 52.24'29" W- 162.03'TO A POINT IN THE COMMON LINE BETWEEN SAID 11.528 ACRE TRACT AND A CALLED 10.608 ACRE TRACT LISTED IN A DEED TO OUR LADY QUEEN OF PEACE HOUSE OF PRAYER RECORDED UNDER T.C.C.D. 2010147870 OF SAID O.P.R.T.C.T. AND DESCRIBED IN A DEED TO CONFRATERNITY OF OUR LADY QUEEN OF PEACE RECORDED UNDER T.C.C.D. 2006093205 OF SAID O.P_R_T_C.T.. SAID POINT BEING THE WEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND MARKING THE WEST CORNER OF SAID 11.528 ACRE TRACT BEARS S 26"41'05" W-1392.75' THENCE N 26.41'05" E -- 20.37' WITH THE COMMON LINE BETWEEN SAID 11.528 ACRE TRACT AND SAID 10 608 ACRE TRACT, TO A 1/2" IRON ROD FOUND IN THE FENCED SOUTHWEST MARGIN OF FARM TO MARKET HIGHWAY 2243 (NAMELESS ROAD), MARKING THE NORTH CORNER OF SAID 11.528 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE WITH THE NORTHEAST LINE OF SAID 11.528 ACRE TRACT, ALONG THE FENCED SOUTHWEST MARGIN OF FARM TO MARKET HIGHWAY 2243 (NAMELESS ROAD), THE FOLLOWING TWO CALLS: 1) S 52.24'29" E-157.53' TO A POINT FOR ANGLE, 2) S 42.58-25" E - 181.87', RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.156 ACRE OF LAND_ THIS DESCRIPTION IS BASED ON THE ATTACHED EXHIBIT DRAWING MADE BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO.4122. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. SURVEYED: AUGUST 16 2017 RELEASED: NOVEMBER 27, 2017 F rF WARREN L. SIM ON, R.P.L.S. 4 2 .................. PROJ NO. 3-00619 WARREN L. SIMPSON PLAT NO. A 1-13534122 9 Ro 6# � FIELD NOTE NO. 87 SSSN MAP CHECKED: 11127/2017-JBM Q S URv� www.WalkerFartners.com TBPE Registration No. 8053 1 TBPLS Registration No. 10032500 GAProjecfs\3-00619\3 Phose 2 Lond Rights\1 Survey\l .5 Fnol Copies\Feld Notes\FN-87.docx _Sign Envelope ID 35EC1FE8.iAA58-48B64m46-6OOB540217C4 Qp•� LAbl&"At - L vas v nh�**A 8 OUR LADY QUEEN OF PEACE HOUSE OF PRAYER LEGEND -12' IRON ROD FOUND (UNLESS OTHERWISE NOTED) =DEED CALLS D.R T.C.T • DEED RECORDS TRAVIS COUNTY TEXAS T.CCO =TRAVISCOUNTY CLERK'SODCUMENT O.P R.T_C T = OFFICIAL PUBLIC RECORDS TRAVIS COUNTY, TEXAS P.R T C T a PLAT RECORDS TRAVIS COUNTY,TEXAS =EASEMENTAREA x — • WIRE FENCE -0 - = UTILITY POLE !— • GUY WIRE E— = OVERHEAD ELECTRICUNE In • TELEPHONE RISER LINE TABLE LINE DIRECTION LENGTH L•I $26'40011W 20.SCT L-2 N 46.11' 03' W 6.7T L3 N42'58'25'W 180-7V LJ N 52. 24' 29' W 152 (IT L3 N 2G 41' 05' E 20.37 Lb S 52. 24' 29' E 157.53' L.7 S 42. 51T E 181.8T 2WX2.65 BRICK MA0.BOx GATE KEYPAD FARM ro CONCRETE PLANTER e7i/"1n..KCS• WITH SIGN OVp^'EL,essY 2243 m "52.2" E II, ROAD) _111Sf 1 id Ly i a .r� 0.468 ACRE EASEMENT ask N' OUR LADY QUEEN OF OUR LADY QUEEN OF PEACE PEACE HOUSE OF PRAYER HOUSE OF MYER CALLED 11.526 ACRES CALLEDID®ACES T.C.CD.2011142332 TCC D 2000ON 0 P.RTCF O.P.R T.0 i "0 DESCRIPTION PRavKxn w I1®) DESCRSEDUNDSR I CCU 2900DIIM OPRICT EXHIBIT OF A 20 FOOT WIDE (0136 ACRE) ELECTRIC EASEMENT LOCATED IN THE JAMES SYLVESTER SURVEY, ABSTRACT 761 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED lLS28 ACRE TRACT DESCRIBED IN A DEED TO OUR LADY QUEEN OF PEACE HOUSE OF PRAYER, OF RECORD IN TRAVIS COUNTY CLERIC'S DOCUMENT 2011162332 OF THE OFFICIAL PUBLIC RECORDS OF SURVEYORS NOTES. TRAVIS COUNTY, TEXAS SURVEYED AUGUST 16.2017 RELEASE DATE NOVEMBER27,2017 FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED: 20 FOOT WIDE (0.160 ACRE) ELECTRIC EASEMENT LOCATED IN THE JAMES SYLVESTER SURVEY, ABSTRACT 791, TRAVIS COUNTY, TEXAS. LOT 9 WHITE RIM MOIINTN THE SURVEYOR 010 NOT A8S7RACT THE SUBJECT TRACT THIS SURVEY SECTIONO/E VOLUME 47 PAGES WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. P R TC T THEREFORETHESIIRVEYORCERTIFIESTHAT EASEMENTS THAT HE WAS BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON. HOWEVER THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS, RESTRICTIONS J OR ENCUMBRANCES (EITHER OF RECORD OR NOT OF RECORD) WHICH MAY AFF ECT TH E SUBJECT TRACT ARE SHOWN HEREON I THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON It TEXAS STATE PLANE COORDINATE SYSTEM, NAD$3.CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. THIS TRACT IS SUBJECT TO A FEDERNALES ELECTRIGCOOPERATIVE EASEMENT OF RECORD IN VOLUME S88, PAGE 960E THE DEED RECORD! OF TRAVIS COUNTY TEXAS. ARl" AEN L SIMPSON, P L.S 4171 A �psoA�Aa+k4roaAVR+s oom 010PYR1G11'l ALL R1GIFISRESI'RVED y Talker Partners engineers *surveyors 900 A.s9i. Avenue, 5Y.1e 20 � wAoo imA 76701 PtMM 1.254.714.14020 T8 P.E. ftg."m No am T.B P,L9 A BWMmk 1 No. 100326. W LOT 10 WHITE RNA MOUNTAIN SECTION OIE VOLUME07 PAGES PR.TCT FIELD NOTE POINT OF BEGINNING GRID COORDINATES N1015B144A3' E80S8710.71 17I IRON RODF0U41 WTHGW SIALPED 'WATSON SU VEYW 12' IRON PIPE FOUND DAVADASS MARENDRUANI $WAAAN MAHENM CALLED 22 $51 ACRES IC .D 2WW10o71 7 PR Tel LN0 DESCRIPTION PROVIDED IN OEWE DESCRIBEOUROQt T C C 0. 20MU070 OPR.TCT JOIN IHURMAN AD CALLED91E113AC E8 T C C D 20024M00 OPR,TCT l0i 11 D 'WHITE RIM MO'6 { SECTION0IENE YOIIRAEl2 PACESPAtCT 1'•, 4 11 IIIU �lll �IKI GRAPHIC SCM.F IN I•EL-l' PIA-1 NO. Al 1353 PROJ, NO. 34X0019 DIt 1F'I'EiC TAD NA F 'N NO. 11R7 FB/PG 3.3 33 DILAWN', DWG, NANIL 3-00619E ff-PARCEL 0117 • OURNIAP Cl IK'I) LADY QUEEN OF PEAMDWG DX-H1D11 D ocuSign Envelope ID- 35EGIFEB -3A58-4BB6-8846 600B540217C4 ,,.:RiTA Q88 E OUR LADY QUEEN OF PEACE HOUSE OF PRAYER @)IF4�q��Te rsyors 600 Austin Ave., Suite 20 Waco, Texas 76701 20 FOOT WIDE (0.165 ACRE) ELECTRIC EASEMENT LOCATED IN THE JAMES SYLVESTER SURVEY, ABSTRACT 761 TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 20 FOOT WIDE (0.165 ACRE) STRIP OF LAND LOCATED IN THE JAMES SYLVESTER SURVEY, ABSTRACT 761 IN TRAVIS COUNTY TEXAS, BEING A PORTION OF A CALLED 10 608 ACRE TRACT REFERENCED IN A DEED TO OUR LADY QUEEN OF PEACE HOUSE OF PRAYER, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T-C-C-D-) 2010147870 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND DESCRIBED IN A DEED TO THE CONFRATERNITY OF OUR LADY QUEEN OF PEACE, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT 2006093205 OF THE OFFICIAL PUBLIC RECORDS OD TRAVIS COUNTY, TEXAS. SAID 0.165 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 SOUTHWEST MARGIN OF NAMELESS ROAD, MARKING THE EAST CORNER OF SAID 10 608 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, AND BEING THE NORTH CORNER OF A CALLED 11.528 ACRE TRACT DESCRIBED IN A DEED TO OUR LADY QUEEN OF PEACE HOUSE OF PRAYER, OF RECORD UNDER T C.C.D 2011162332 OF THE O.P.R.T C.T., THENCE S 26°41'05" W — 20.37' WITH THE COMMON LINE BETWEEN SAID 10 608 ACRE TRACT AND SAID 11.528 ACRE TRACT, TO A POINT FOR THE THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND MARKING THE SOUTH CORNER OF SAID 10 608 ACRE TRACT BEARS S 26°41'05" W — 1392.75'; THENCE THROUGH THE INTERIOR OF SAID 10.608 ACRE TRACT, THE FOLLOWING SEVEN (7) CALLS- 1) N 52°24'29" W— 2.51' TO A POINT FOR ANGLE, 2) N 60-07'19" W — 73.97' TO A POINT FOR ANGLE, 3) N 6V14'48" W— 173.00' TO A POINT AT AN INTERIOR ELL CORNER, 4) S 30°53' 10" W — 35.19' TO A POINT FOR CORNER, 5) N 59-06.50" W— 20.00' TO A POINT FOR CORNER, 6) N 30-63-10" E — 34.80' TO A POINT FOR CORNER, 7) N 6V14'48" W— 55.62' TO A POINT IN THE COMMON LINE BETWEEN SAID 10.608 ACRE TRACT AND A CALLED 10.836 ACRE TRACT DESCRIBED IN A DEED TO STEVEN HUEMANN AND ANTONIA M HUEMANN, OF RECORD UNDER T.C.C.D. 2002240427 OF SAID O.P.R.T.C.T., SAID POINT BEING THE WEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1I2" IRON ROD FOUND MARKING THE WEST CORNER OF SAID 10 608 ACRE TRACT BEARS S 26°40'58" W — 1410.92' THENCE N 26°40'56" E — 20.03' WITH THE COMMON LINE BETWEEN SAID 10.608 ACRE TRACT AND SAID 10 836 ACRE TRACT, TO A 1I2" IRON ROD FOUND IN THE SOUTHWEST MARGIN OF NAMELESS ROAD, MARKING THE NORTH CORNER OF SAID 10.608 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT AND THE EAST CORNER OF SAID 10.836 ACRE TRACT; www.WalkerPartners.com TBPE Registration No. 8053 1 TBPLS Reg-stration No. 10032500 GAProjects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Feld Notes\FN-88.docx DocuSign Envelope ID 35EC1 FEB-3A58ABB6-8846-600B540217C4 THENCE WITH THE NORTHEAST LINE OF SAID 10 608 ACRE TRACT. ALONG THE SOUTHWEST MARGIN OF NAMELESS ROAD. THE FOLLOWING TWO CALLS- 1) S 60-14-48" E - 249.72- TO A POINT FOR ANGLE. 2) S 60.07119" E -- 75.34', RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.165 ACRE OF LAND. THIS DESCRIPTION IS BASED ON THE ATTACHED EXHIBIT DRAWING MADE BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO.4122. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. SURVEYED: JULY 28 2017 RELEASED. NOVEMBER 29, 2017 WARREN L SIM ON, R.P.L.S. 4 2........:... PROJ NO 3-00619 L. SIMPSONPLAT ((�WNARI�IEN NO. Al-1354FIELD NOTE NO 0884122MAP CHECKED: 11/2812017-JBM www.WalkerPartners.com G:\Projects\3-00619\3 Phase 2 Land Rights\I Survey\1.5 Final Copies\Field Notes\FN-88.docx DocuSign Elnrelope ID: 3SEC1 FEB-3A584RB649W84M' 8540217C4 BCRVA 088 C.lrllVll D OUR LADY QUEEN OF PEACE HOUSE OF PRAYER LEGEND FIELD NOTE = U2'IRON ROD FOUND POINT OF BEGINNING CONCRETE (UNLESS OTHERWISE NOTED) GEED COORDINATES PLANTER ( I - DEED CALLS N:101SMILST F-30SB46100' WITHSIGN R T.0 7 = DEED RECORDS TRAVIS NAMELESS ROAD GATE KEYPAD COUNTY.TEXAS �Y T.CC.D. =TRAVIS TRAVIS COUNTY (VARIABLE+A+�TH .!! BRICX MAILBOX CLERKS DOCUMENT 0 P.R.T.C.T. = OFFICIAL PUBLIC RECORDS TRAVIS COUNTY, TEXAS 40 4 L-4 Ld r.R.T.C.T = PLAT RECORDS TRANS Ld Ld L-2 L-! COUNTY, TEXAS ASPHALT PARKING E =EASEMENTAREA 0.185ACRE — X — - WIRE FENCE EASEMENT • URUTY POLE E— • GUY WIRE —E— OVERHEAD ELECTRICUNE Q = TELEPHONE RISER LINE TABLE LINE DIRECTION LENGTH L-1 S26.4rWW 20.3T L-2 N52'24'29'W 2.5V L3 N6VOTI9'W 739T LA N6V 14'48'W 173W L-5 SW5Y10'W 3519' L9 N 59' 06' 50' W 20.ar L,T H30.53'10'E 34W L9 N6D' 14'48'W 55.67 L9 M26- O'5TE 20.03' L-10 S60'14'4WE 249.7Z (L-10) (S 57-@'36'E) (249M L.I I S 60' DT 1S' E 7534, (L-11) IS 36- 46'05' E) (75 77) STEVENHUEMANN AND ANTONIA M HUEMANN CALLED IO$X ACRES TC,C,0. 2DD2240427 O,PR.T.C.T EXHIBIT OF A 20 FOOT WIDE (0,165 ACRE) ELECTRIC EASEMENT LOCATED IN THE JAMES SYLVESTER SURVEY, ABSTRACT 761 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 10.608 ACRE TRACT REFERENCED IN A DEED TO OUR LADY QUEEN OF PEACE HOUSE OF PRAYER, OF RECORD UNDER TRAVIS COUNTY CLERKS DOCUMENT 2010147870 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS AND DESCRIBED IN A DEED OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT 2006093205 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS SURVEYORS NOTES: OUR LADY QUEEN OF PEACE ROUSE OF PRAYER CALLED 10.608 ACRES T.C.cA.;IM0147870 O.P.FLT.C.T. (NO DESCRPTION PROVIDED IN DEED) DESCRIBED UNDER T.C.C.D 2OM3205 OP R T,C,T OUR LADY QUEEN OF PEACE HOUSE OF PRAYER CAU 5O 11.5211 ACRES T.C.CD.2011142332 O.P.R.T.C.T SURVEYED. ALLY 20, 2017 RELEASE DATE: NOVEMBER 29.2017 LOTS LOI9 FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED: WHITE RIM MOUNTAIN WRITE RIM MOUNTAIN SECTIONONE SECTION ONE 20FOOT W�E(0.165ACRE) ELECTRIC EASEMENT LOCATED INTHE VOLUME$2.PAGE 5 , VOLUME82.PAGE5 f JAMESSYLVESTERSURVEY, ABSTRACT T6I,TRAVISCWMY.TEXAS. P.R.TCT PR.T,C,T LOT IO WHITE RIM MOUNTAIN' THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. THIS SECTION ONE SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF TITLE REPORT, VOLUME 82 PAGE 5 THEREFORE THE SURVEYOR CERTIFIES THAT EASEMENTS THAT HE P.R,T.C.T I HAS BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON. HOWEVER THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS, RESTRICTIONSOR 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, NA983,CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.. WARREN L SIMPSON. RP.L.S-4122 Ismpwn@wallepa4ta5.lrom 0 COPYRIGFIT AI.1, RIGI ITS R1SI--RVIiD � Walker Partners engineers *surveyors 800 Al.. Avenue..11. 20 Weoo. Term 78T01 Plane: T.BRE Ra&f wNo.8053 T.B. P.L.S. P.91m fon No. t0032500 U 0) 21KI 41T1 GHJ%FI IIC SCALE IN E1i1i[' PI A'1 NO. AI -I s54 PROJ. NO. 34X*19 I)RAI- [-17: TAB NA FIN NO. 1188 I is/PG 3-3 32 DRANC-N INC'G-NAMEE3-MISIESW-P RCEL081-OURNIAPCIIK'I) IADY EEFI OF PEAO—=ffiW-- DocuSign Envelope ID: 35EC1 FEl3-3A584l3B6-884&600B540217C4 EXHIBIT "C" ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS That Our Lady Queen of Peace House of Prayer, 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: Easement Property: BCRUA Parcel 087: All of that certain .156 acre (20 foot wide) tract in the James Sylvester Survey, Abstract No. 761, Travis County, Texas; being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein. BCRUA Parcel 088: All of that certain 0.165 acre (20 foot wide) tract in the James Sylvester Survey, Abstract No. 761, Travis County, Texas; being more fully described by metes and bounds in Exhibit "B", 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 day of 92020. [signature page follows] Parcel 87 & 88 (Our Lady Queen of Peace House of Prayer) I DocuSign Envelope ID 35EC1FEB-3A58-4BB6-8846-6008540217C4 EXHIBIT "C" GRANTOR: Our Lady Queen of Peace House of Prayer Its: 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 , 2020. Please Return to: Notary Public in and for The State of Texas Cobb, Fendley & Associates, Inc. i Right of Way Department 505 E. Huntland Drive, Suite 100 Austin, TX 78752 Parcel 87 & 88 (Our Lady Queen of Peace House of Prayer) 2 m; � 'll { 2 �. Ca" r� aM ET co u [DY LU t Sul , y dr •} + , coLCJ # Q. b co G u, . # F% , a LLJ LLI Ma . T7 =�° F ' BCRUA OW OUR LADY QUEEN OF PEACE HOUSE OF PRATER 2.69 X 2A5 EIR=NARJ= DATE KEW CONCRETEPIANII ri1TH 51( 1 CJ LEGEND I 0 = Ur IRON ROD FOUND # (UNLESS OTHERWISE KIMED) 7A I 1 =DEED Cute DJLT.GT.=DEEDRECORDSTRAVIS `4yyT TEAS T.C.CA = LEAKS$ COUNTYy�s CLERKS OORAIE77T ANCOUNTY, �y O.PRT.C.T. - OFFICkL PUBLIC RECORDS iA TRAVIS COUNTY. TEXAS PJLT.C.T. • PLAT RECORDS TRAM COUNiI', TEXAS In =EASEeIENTAREA 3 —X— •VTRE MICE OMMOFPE4CE OUtlA0YLADIOF —0- = UTILITY POLE AWAM I CAi®10.666AM • GUYWRE ".COO 201WHIM —E— =OVEFHFAD ELECTRIC lDRE OPRie T. PO DE9 m =TELEI+H01lEfR1561 PRDVIOEDWD�ep 1 LINE TABLE MMEDulc0 = 7,G v 0 200X= y, LINE DIRECTION LENGTH OPRT.cT T L-1 S 2C 40 01' W 21197 it 42 N 46 11 NTT' W 1.73 L.T R4205FZYW 1SOM W N52.24.2rw 152107 L.5 N2r4VWE 20.3T LA S 52.24' 2V E 15747 L-7 S4Y58WE 111.07, EXHIBIT OF A 20 FOOT WIDE (CUS6 ACRE) ELECTRIC EASEMENT LOCATED IN THE JAMES SYLVESTER SURVEY, ABSTRACT 761 IN TRAVIS COUNTY. TEXAS, BEING A PORTION OF A CALLED ILS28 ACRE TYACT DESCRIBED IN A DEED TO OUR LADY QUEEN OF PEACE HOUSE OF PRAYER, OF RECORD IN TRAVIS COUNTY CLERXS DOCUMENT 2011162= OF THE OFFICIAL PUBLIC RECORDS OF SURVEYORS NOTES." TRAVIS COUNTY, TEXAS SURVEYEO: AUGUST 16.2017 RELEASE DATE: NOVEMBER 27.2017 FIELD NOTES ATTACHED HERETO, MADE A PART HEREDFAND TIRED: 20 FOOT WIDE (0.155 ACRE) ELECTRIC EASEMENT LOCATED IN THE JAMB SYLVESTER SURVEY. ABSTRACT M. TRAVIS t0UrtY,TE71A5. LOT* Yn9TE RIMMOMAN THE SURVEYOR IRO NOTASSMACT THE SUBJECT TRACT. THIS SURVEY SBUnDNOOE w1UME TZPAGEs� WAS PERFORM®WI7}10UTTFRE BBIEFR OFA TITLE REPORT, vRT.GT. THEREFORE THE SURVEYOR CERTFES THAT FASEMEMTHATHEHAS J BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON. "MIEKER, THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS. RESTRICTIONS OR ENCUMBRANCES (EITHER OF RECORD OR NOT OF RECORD]WHICH MAYAFFEC'TTHE SUBLECTTIRACTARE SHOWN HEAEOHL I THE BEARINGS AND COORDINATES SHOWN HEREONARE BASED! UPON THE TERM STATE PLANE COORDINATE SYSTEM, NADA3,CFNTAAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS_ THIS TRACT IS SUBJECT TO A PEDERNALES ELECTRIC COOPERATIVE EASEMENT OF RECORD N VOLUME M PAGE 900E THE DEED REODFDI OF TRAVIS COUNTY, TFXAS. WARREN LSBI .4122 S C) COPYRIGHT ALL RIGHTS RFSERVFj) (PIF4�qsurveyors N00 WIN Ail. .W*20•Wy T. 14To1 1Y_ 1R54-714-140 • T"A— R.p1Y.Im 11a 0W3 TZ PtA. A"WmFG. No. IOOR2SOD was r 443LL I R0,40) 0.15BACRE EASEMENT OUR LADY QUEEN OF PEACE HOUSE OF PRAYER CALLED11.01ACRES T.C.CD.2D14162332 O.PJLT.C.T. LOT 10 WHITE P;M WOMAN SECTION ONE VOLUME 12PAM6 PJtT.CT FIELD NOTE POINT OF BEGINNING GRID COORDINATES N-10158144AT E:305871037 Vr IRON ROD1O1fD WITHCAPSTANM 'WATSON $URYEy . 1? FON PPE FOUND ONVKKUMA ENWAND SWARAR MAHENDR! CALLED 2M ALTIES 7.C.CJ120000150T O.PRTCT. AIOOEStAi1GN PROv10ma OE4B5 . UNM T.CCU .2 wwm OPRT,L'.T. ANJ"TlOSOUNALTCLS " • T.Gf:D.Z0011iBF60 LOT 1lI0 OPRT.CT S;AN , wltP. T2.TI PRTCI�aa � .1f 0 100 200 40D GRAPHIC SCALE IN R-= PLAT NO. A7.1353 PROJ. NO. 3-W619 DRAFTEE TAB NA F/N NO. 087 FB/PG 3-3 M DRAWN] DWG. NAME 3.0061912W-PARM 097- OURM AP CHKD BOMA 088 OUR LADY QUBEH OF PEACE HOUSE OF PRAYER LEGEND FIELD NOTE • •VrIRONROOFOUNO POINT OF BEGINNING (UNIESSOTIERWT3ENOUE01 Ge7D COORDINATES ( ) • WED CALLS L NAD10a57= ZIOSS40M ORT.G:. •OL'EO MEWRDB "IPolYfB Ira' W ROAD COUNTY iT m T.C.CA. •TRAVISOOONN (VARIABLE WIDTH) TT CIF mOOCuMlw m47D OPA.TC.T. -OFFICIPLIPURICRECORDS S TRAVIS COUNTY, IBM L-B 44' PRTCT. •NIATRECORDSTRAVN COINIY,TE%AR Ld y,s, ASHW PARM • EASBIENTAREA 0.?B6ACRE N . •WIREIacE 11 EASEMENT --0- • VTI LTYPOLE I E— •GOYwr7E E-- • OVERHEAD ELECTRICINE m •IEUFMWEESSER my AND NO COAICREIE PWiTOR wIR " LINE TABLE ANTONIA M. HUEM/NN CALLED male E ACRES r.CCa. 2002M27 OFRT.CT '� A� jo,e �1'1jT iy K. IAe OUR LADY QUEEN OF PEACE HOUSE OF PRAYER CALLED 10.6 TC2174M OPRT.r.T. F v (NODESCRPTIOL FROVOEOND®) i, DESCRIRm UNCER O. MODOMM vi 7C DPRT ~ N OORLADYQUEENOF PEACRAYEREOR CALLED 1144 ACRES 7C,1Li OpJLTlT. c'7 3 , LINE OIREMION LENGTH LA arW 2rl' L2 Nffr82V NR'N'!e•W 2Dt• W NSO•aTICW i3S7' NBD*IC48'W 1TdD0 W 33YeS10w SO.1F L-0 N54.OErW 2(LO 47 N30'5314E 74Uq W NW144'W SAW W N26'{r36'E M07 L-10 SSr.14'4PE ZIM! (L.-4IS5r0l55•E) (219.r4 L.11 SOYOriPE 79-V 11 S 35 dW EXHIBIT OF A 20 FOOT WIDE (0.165 ACRES ELECTRIC EASEMENT LOCATED IN THE LAMES SYLVESTER SURVEY, ABSTRACT 761 IN TRAVIS COUNTY. TEXAS, BEING A PORTION OF A CALLED IOA08 ACRE TRACT REFERENCED IN A DEED TO OUR LADY QUEEN OF PEACE HOUSE OF PRAYER, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT 2010147M OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS AND DESCRIBED IN A DEED OF 111CORD UNDER TRAVIS COUNTY OLERK'8 DOCUMSHT 200SM205 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS SURVEYONB NOTES: suRYErEa.nAr2Nl,rDtr RELEASE DATE NOVEMSER N.2017 Lora Lore TEED UNTIES ATTACHED HERETO, WWV A PART NSREOF AND TINED: VIRIMAMMOUNFAN SECTIONOE WHITERNIMOUNTAN SECTION ONE \LOT10 20 VCIUUEer.PAGE 6 VOLUME02.PAGES JAN007WDESTER URkj,ABTRACTS1,TRAMCA7EINTEE JAHE9 SYLYESIER SURVEY, ABSTRACT 7a1,TAANS C01ARY,7pA8. PET=. k PRTAT. � � MOUHTAp4� THE SURVEYOR DID NOT ABSTRACT THE %"CNTRAM IHIS SECTION CHE � SURVEY WAS PEWWEOWMWTTHE BENEFRO'A TITLE REPORT, j J VOLUME&L PAGES THEAEFDRETHE SLr1VEYORCERTM THAT EASEMENTS THATFE I` PRTAT. HAS BEEN AOVISFD OF PAVE MN ADDRESSED HEREON. I10INE1ffR jf THE SURVEYOR OOES NOTGVAAAHLEE THATALLFASFJAm, RESTHIOMNS OR ENCUMSNAHCES (ERHERORECORDOR HOTOF RECORD) WNIOI MAY ANFECYTHE 3UINE TTRACTAUfE &MW ItE OL _CE�i TER_ THE MARFYS AND COORDPATES M40YMHWONARE EASED UINON THE TOM STATE BANE COOZONAn SYSIEK NOACENTRAL ZONE ACCURED FROM DECIMAL P06R1CKNRA$MEN OBSERVA11CML C)COPYRIGHTALL RIGtM RmEaLVL'D ///�/ • •ARRF�i L�3IMPSOr AUy •a122 p�.OQ .41v �i iti7N�y � Talker Partners engineers *surveyors 400AR.MAm S141.20.W .T-7001 pt—; I-0W71M402. T.OP.&RDE.O0.Hs.0003 TAPA.B RNWW'. H0. f00MO 0 100 200 GRAPHIC SCALE IN F13K1' PLAT NO. Al•1354 PROD. NO. 3.00619 DRAFnM TAB NA F/N NO. ON FB/PG 3-�1' /12 DRAWN DWG, NAM65'00819ESMT•PAALP 088.OURNAPCHLCD Exhibit "B" Q z o aac�ee �! a O ~ 0 6& m z � w k z z r, �r Ln � £ I Tdf101d O.L W3J3W - 3N1'1H3.LV V4 Q LL ■ira q I.'� ° t7 A 44 a �O YS�Ra o $ggg a[ aZwa Na ` 01 TdnDIA Ol a3ln 3N1111DIM N 3! S + M Mg L$W/SI/il :A 0/ll`01Sg U 1 3Q10v1 SSI33Nn1N3Wry 1- R 9 3 33 %r M\'S 7 PT City of Round Rock ND ROCKa5 Agenda Item Summary Agenda Number: Title: Consider execution of an Easement Purchase Agreement with Our Lady Queen of Peace House of Prayer for acquisition of a 0.321 acre electric utility easement required for the BCRUA Phase 2 Raw Water Delivery Project (Parcels 87.88). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 3/26/2021 Dept Director: Michael Thane, Utilities and Environmental Services Director Cost: $25,000.00 Indexes: Regional Water Fund Attachments: OLQP(87.88)--electric easement purchase agreement (signed by owner -Authority), OLQP(87.88)--property background exhibits Department: Utilities and Environmental Services Text of Legislative File CM-2021-082 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 Our Lady Queen of Peace House of Prayer for the acquisition of 0.321 acre along the property. The negotiated purchase price for this easement is $25,000 and has been approved by the BCRUA Operations Committee. Round Rock's portion of this amount is 28.19% which equates to $7,047.50. Cost: $25,000 Source of Funds: Regional Water Fund Cityof Round Rack Page 1 of 1