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CM-2021-122 - 4/30/2021DocuSign Envelope ID: E3CE519F-A7E4-482A-9847-3DIDEED924F2 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: Minori, LLC Address: 7301 RR 620 N. Ste. 155, 343, Austin, Texas 78726, Travis County Phone: (512) 966-1784 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: Stacie Barnes Phone: (512) 337-0300 E-mail: Stacie.Barnes( TexasNationalTitle.com Purchase Price: $ 1,000.00 County for Performance: Travis County, Texas pp, ?021--122- Address: 305 Denali Pass Drive, Suite A Cedar Park, Texas 78613 Fax:(512) 853-5810 Easement Purchase Agreement — BCRUA Parcel 175 Page 116 DocuSign Envelope ID: E3CE519F-A7E4-482A-9847-301DEED924F2 A. Closing Documents A.1. At Closing, Seller will deliver the following items: Electric Utility Easement 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 Easement Property Description 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. ].a. Closing Documents; Tille Compan)- Documews. The parties will execute and deliver the Closing Documents and any documents required by Title Company. D.I.h. 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. Sellerwill deliver possession of the Property Interests to Buyer, subject to the Permitted Title Exceptions existing at Closing. Easement Purchase Agreement — BCRUA Parcel 175 216 DocuSign Envelope ID: E3CE519F-A7E4482A-9847-3DiDEED924F2 D. 2. Dwnsaction Coms D.2.a- Buyer s Costy. 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.h. Seller's Cons. 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' Commis.vions. No Broker's commissions or fees will be paid as a part of this transaction and Closing. D.4. ls.mance of Title Polic}. 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 Peifibi-mance. Buyer may demand specific performance of this contract. E.2- Actual Dcrmuges. 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 Dgfcrrrll; Remedie.v (flier- 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. E4. Buyer's Default; Remedies. If Buyer fails to perform any of its obligations Linder 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. Attornev'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. Easement Purchase Agreement — BCRUA Parcel 175 11age 316 DocuSign Envelope ID- E3CE519F-A7E4482A-9847-3DIDEED924F2 F. Miscellaneous Provisions F.1. Notices. Any notice required by or permitted under this contract must be in writing. F?. 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.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.'. 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. F8. 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 C'on.slrared ag(tin.st Party Who Drafted Contrllct. 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. Counterlmirts. 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. feet. This contract binds, benefits and may be enforced by the parties and their respective heirs, successors, and permitted assigns. Easement Purchase Agreement — SCRUA Parcel 175 Pagr.. 416 DocuSign Envelope ID: F71Ao4BB-33BB-4iD5-A5F7-DIDCEA1CD184 SELLER: Minori, LLC BUYER: Docuftned by, Soup, KkArj F8F806772704,20. By: 12/16/2020 Date: City of Round hock, a Texas home rule city By": Date: Title: � L� l Title: Easement Purchase Agreement — BCRUA Parcel 175 Page 516 DocuSign Envelope ID: E3CE519F-A7E4-482A-9847-30IDEED924F2 SELLER: Minori, LLC Title: Date: BUYER: City of Round Rock, a Texas home rule city Title{ Date; Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA) DoeuSlpnetl by: 558480DB1D5C4A0 By: Karen Bondy, General Manager 1/27/2021 Date: Easement Purchase Agreement — BCRUA Parcel 175 Page 516 DocuSign Envelope ID: F71A048B-33BB-4105-A5F7-niDCEAlCD184 Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA) By: Karen Bondy, General Manager 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 175 Page 616 DocuSign Envelope ID. F71A046B-33BB-4lD5-A5F7-D1DCF-,1CD184 —CRUA 175 JEFFREY N. DRINKARD AND JANEEN M. DRINKARD (PIF4�qnersyors 804 Las Cimas Pkwy.. Suite 150 Austin. Texas 78746 20 FOOT WIDE (0.008 ACRE) ELECTRIC EASEMENT LOCATED IN THE G.C. AND S.F. RR. COMPANY SURVEY, ABSTRACT 2215 IN TRAVIS COUNTY, TEXAS FIELD NOTES FOR A 20 FOOT WIDE (0.008 ACRE) STRIP OF LAND LOCATED IN THE G.0 AND S.F RR COMPANY SURVEY. ABSTRACT 2215. IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 0.79 ACRE TRACT, DESCRIBED IN EXHIBIT "B" IN A DEED TO JEFFREY N. DRINKARD AND JANEEN M. DRINKARD, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.0 C.D.} 2014009724 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS (0 P R T C T) SAID 0.008 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 A V2" IRON ROD FOUND 1N THE EAST MARGIN OF TRAILS END ROAD (80' WIDE), MARKING THE SOUTHWEST CORNER OF SAID 0.79 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, BEING THE NORTHWEST CORNER OF A CALLED 100.13 ACRE TRACT DESCRIBED IN EXHIBIT `A•2', IN A DEED TO MINORI LLC, OF RECORD UNDER T.C.C.D 2012116117 OF SAID O.P.R.T.C.T.; THENCE N 16*35'"" E—17.98' WITH THE EAST MARGIN OF TRAILS END ROAD, ALONG THE WEST LINE OF SAID 0.79 ACRE TRACT. TO A MAG NAIL FOUND IN ASPHALT MARKING THE SOUTHWEST CORNER OF LOT 1, BLOCK A. OF MISTY VALLEY SUBDIVISION, PHASE ONE, OF RECORD UNDER T.C.C.D. 201500235 OF SAID 0.P.R.T C T . BEING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT: THENCE S 72°50'44" E — 20.00' THROUGH THE INTERIOR OF SAID 0.79 ACRE TRACT, WITH THE SOUTH LINE OF SAID LOT 1, BLOCK A, OF MISTY VALLEY SUBDIVISION, PHASE ONE. TO A POINT AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE CONTINUING THROUGH THE INTERIOR OF SAID 0.79 ACRE TRACT THE FOLLOWING TWO (2) CALLS: 1) S 16°35'44" W—17.79' TO A POINT FOR ANGLE, 21 S 16-37'23" W — 0.72' TO A POINT IN THE COMMON LINE BETWEEN SAID 0.79 ACRE TRACT AND SAID 100.13 ACRE TRACT, AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT: THENCE N 71.19'15" W — 20.01' WITH SAID COMMON LINE, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0 008 ACRE OF LAND, SURVEYED BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 4122 ON OCTOBER 28, 2019. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, SOUTH CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS RELEASED NOVEMBER 20, 2019 �OF r may, v ,�P;.•��S T FR•.9 WARREN L. SIMPSON, R.P.L.S. 4122 �• m �� •� .................. WARREN L. SIMPSON PROJ NO. 3-00619 """"0""""` PLAT NO. Al-1715 s, ,poF4122 �i .�ESS�v�y� FIELD NOTE NO. 175 O S � R MAP CHECKED.I V19/2019-WCH www.WalkerPartners.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-175 - DRINKARD LLC.docx DocuSign Envelope ID F71A0488•33BB-41DS-A5F7-DIOCEA1CD184 BCRUA l75 N. UKl L4JLAIII) ANL) IARIhh1N M. UI(IMILAKU SURVEYORS NOTES SURVEYED OCTOBER28.2019 FIELD NOTES ATTACHED HERETO. MADE APART HEREOF AND TITLED: 29 FOOT WIDE (O.M ACREI ELECTRIC EASEMENT LOCATED IN THE C.G. a S.F. R.R. COMPANY SURVEY. ABSTRACT 2215. IN TRAVIS COUNTY, TEXAS. THE SURVEYOR DO 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 RECORDI W HICH MAY AFFECT THE SUBJECT TRACT ARE SHOWN HEREON. THE BEARINGS AND COOROINATES 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 FACTOROF 100013 1GRIDVALUE a SCALE FACTOR = SURFACE VALUE) 14- LEGEND 01 • IZ IRON ROD FOUND (UNLESS OTHERWISE NOTED) ( ) •DEEOCALLS T CC D. • TRAMS COUNTY CLERK'S DOCUMENT O P R T C T OFFICIAL PUBLIC RECORDS TRAVIS COUNTY TEXAS • FIRE HYDRANT DC •WATERVALVE ® •WATERMETER —0— • UTILITY POLE — E — • OVERHEAD ELECTRIC LINE — T — • OVERHEAD TELEPHONE LINE —FO— • FIBER OPTIC LINE (p WASTEWATER MANHOLE —X— •4'WIREFE14CE ® ' EASEMENT AREA WEST MARGIN OF ROAD TRAILS END ROAD 180' WIDE) FIELD NOTE NO DEED OF RECORD FOUND POINT OF BEGINNING WOODEN UTILITY POLE GRID COORDINATES WITH TRANSFORMER N'AOIS7037.965 g3066984.677 � " MAGHAILFOUND IN ASPHALT EO EFO ♦`- 7—-7f- 17P IRON ROD FOUND WIXIT ME(D.MACRE) ELECIIM EASENE/YT LINE TABLE LINE DIRECTION LENGTH L-1 N 16. 35' M E 17,9r IL-1) IN17.56'OVE) L-2 S 72. 50' W E 2000' L.3 S16.V4PW 17,79' L4 S 16.37- MWORI.LLC CALLED 100 13 ACRES EXHIBIT'A-2' TO C D. 412115117 OP ATCT 23' w 0.77 ,�4 gJQL QPt�^ g e ryy c�Flt 9.. .A t' fig• p06g 3 C!G qqk EXHIBIT / OF A 20 FOOT WIDE (0.008 ACRE) ELECTRIC EASEMENT LOCATED IN THE G.C. A S.F. R.R. COMPANY SURVEY ABSTRACT 2215, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 0.79 ACRE TRACT DESCRIBED IN EXHIBIT'B', IN A DEED TO JEFFREY N- DRINKARD AND JANEEN M DRINKARD, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT 2014009724, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY. TEXAS (Q: COPYRI(,Ell V.I xlGll'I-.Sk]_4F.xl'EI) (9LADWalker Partners engineers * surveyors 04 Loa Cl— Pkwy. . Su 150 • Aum. Tern 70746 Php 1512302002i • 7 0 P E Rogwal+w No l •.5 r BP,L,S P49-04W No 1 19017 EAST MARGIN OF ROAD AI L-8 O CITY OF CEDAR PARII ® S g LOT 1 BLOCK A 15' WIDE WATER AND MISTY VALLEY SUBOTASN)N ASTEWATER EASEMENT PHASE ONE T,C.C.0 2002174168 T C.C.0 201500235 O P R T C T OPRTCT JEFFREY N. DRINKARD ru AND JANEEN M. DRINKARD REMAINDEROF ' EXHIBIT "B" w CALLED 0.79 ACRES T.C.C.D. 2014009724 LOT 2, BLOCK A O.P.R.T.C.T. MISTY VALLEY SLISGMSN)N PHASE ONE }` 1CCD 2015MM �J�yD X ` O.P.RTCT yJ A .P H � yf4yZ`�q� 0 G' 9GO a G• p�g LOT 3. BLOCK w MISTY VALLEY SUBDIVISION •� g PHASE ONE T.0 C 0 2015=35 OP,RTCT a' MISTY VALLEY DEVELOPMENT. LLC CALLED 46.*5 ACRES I CC.D 2014M17 O PR.TCT 5H 14 R I 20 6RAPIFIC S(:ALF IN 11.4:1 PLAU N0 Al 1715 PR(IJ. NU, 1406I9 Dlt \I'1'Ll) 11- 18 1 ! '1' \IS NA P 1 NO. 175 1-H 1'(:l 1N i1 32m \\C eti HY' \N ( 11 I)W'G N'-3AI1 3-00619ESMT-PARCEL175 • DRINKARD LLGDWG DocuSign Envelope ID: F71Ao4BB-33BB-41D5-A5F7-DIDCEA1CD184 EXHIBIT "B " ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS That MINORI, LLC, 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 0.008 acre (348.48 square foot) tract in the G.C. and S.F.R.R. Company Survey, Abstract No. 2215, Travis County, Texas; being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein Parcel 175) 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 hereby retains, reserves, and shall continue to enjoy the use of the surface of the Easement Tract for any and all purposes which do not interfere with or prevent the use by Grantee of the Easement herein granted. Surface use retained and reserved by Grantor includes, but is not limited to, the construction, use, and maintenance of driveways, parking lots, and utility connections which cross the easement at not less than a 90-degree angle. It is understood by Grantor and Grantee, that within ninety (90) days after the completed construction of proposed electric distribution line and desirable appurtenances, the Easement Property will be restored, to the greatest extent possible, to its prior condition. Restoration of the Easement Property may include vegetation reseeding, erosion control and prevention, and removal of construction debris. To the extent allowed by law, Grantee shall indemnify Grantor from and against, any damages or claims when any such damages are caused directly or indirectly by Grantee's activities or those of its contractors or agents in conjunction with construction, maintenance, or monitoring of Grantee's facilities located in the easement property and right-of-way. DocuSign Envelope ID. F71AO48B-33BB-41 D5-A5F7-D1 DCEA1CD184 Grantor warrants that Grantor is the owner of said property and has the right to execute this easement. TO HAVE AND TO HOLD the above described easement and rights unto Grantee and its successors and assigns, until said easement and rights shall be relinquished. This easement may be assigned by Grantee. Grantor, Grantor's heirs and legal representatives do hereby bind themselves to warrant and forever defend all and singular the above described easement and rights unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS my hand this day of , 20 GRANTOR: (Printed Corporate or Business Name) Its: (signattirrt) 2 DocuSign Envelope ID. F71AO4BB-33BB41D5-A5F7-DIDCEA1CD184 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 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 � • - ■ \ . * . ltd - � - § - . _ ! } _ . 16 ee -0® .Z2 EMIN ~ �. ■ , w 0.008 a 1 . IRrOUND ROCK XAS City of Round Rock Agenda Item Summary Agenda Number: Title: Consider execution of an Easement Purchase Agreement with Minori, LLC for acquisition of a 0.008 acre electric utility easement required for the BCRUA Phase 2 Raw Water Delivery Project (Parcel 175). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/30/2021 Dept Director: Michael Thane, Utilities and Environmental Services Director cost: $1,000.00 Indexes: Regional Water Fund Attachments: MINORI(175)--electric easement purchase agreement (signed by owner -Authority), MINORI(175)--property background exhibits Department: Utilities and Environmental Services Text of Legislative File CM-2021-122 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 Minori, LLC for the acquisition of 0.008 acre along their property. The negotiated purchase price for this easement is $1,000 and has been approved by the BCRUA Operations Committee. Cost: $1,000 Source of Funds: Regional Water Fend City of Round Rock Page 1 of 1