CM-2021-176 - 6/18/2021DocuSign Envelope ID AD6E7D14-2481-4A42-9159-HE8MD30030
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: Robert L. Custer Jr. and Kimberly A. Custer
Address: 16716 Travista Drive
Leander, Texas 78641
Phone: (512) 632 3099
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 u,TexasNationalTitle.com
Purchase Price:
$ 7,500.00
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:
Easement P u r Pase Agreement — BCRUA Parcel01-
Page 116
DocuSign Envelope ID AD6E7D14-2481-4A42-9159-F7E8A4D30030
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. La. Closing Documents; Title Company Documents. The parties will execute and
deliver the Closing Documents and any documents required by Title Company.
D.I.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
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,
Easement Purchase Agreement -- BCRUA Parcel ___ Pace 216
DocuSign Envelope ID: AD6E7D14-2481-4A42-9159-F7E8A4D30030
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.
F. Miscellaneous Provisions
Easement Purchase Agreement — BCRUA Parcel ___ Page 316
DocuSign Envelope ID AMUD14-2481-4A42 9159-F7EWD30030
F.1. Notices. Any notice required by or permitted under this contract must be in writing.
F.2. Entire Agreement. This contract, its exhibits, and any Closing Documents delivered at
Closing are the entire agreement of the parties concerning the sale of the Property by Seller to
Buyer. There are no representations, warranties, agreements, or promises pertaining to the
Property or the sale of the Property by Seller to Buyer, and Buyer is not relying on any statements
or representations of Seller or any agent of Seller, that are not in those documents.
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.
F6. 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.
F7. 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 — 8CRUA Parcel — —— Page 416
DocuSign Envelope ID. AD6E7D14-2481-4A42-9159-F7EBA4D30030
SELLER: Robert L. Custer, Jr. & Kimberly A. Custer
BUYER:
By: Robert L. Custer, Jr.
Date:
Duftnedby: ,L ,_
64
E�,�
767CE449.
By: Kimberly A.
Date:
Luster
City of Round Rock, a Texas home rule city
By:
Date:
Title:
Title:
Title:
Easement Purchase Agreement — BCRUA Parcel ___ Page516
DocuSign Envelope ID: AD6E7D14-2481-4A42-9159-F7E8A4D30030
Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA)
E DoG
uSigned by:
�
sse+soos�osceao
By: Karen Bondy, General Manager
Date:
Title Company acknowledges receipt of copy of this contract executed by both Buyer and Seller.
By: _
Name:
Title:
Date:
Easement Purchase Agreement -- BCRUA Parcel .__ Page 616
DocuSign Envelope ID. AD6E7D14-2481-4A42-9159-F7E8A4D30030
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: Robert L. Custer Jr. and Kimberly A. Custer
Address: 16716 Travista Drive
Leander, Texas 78641
Phone: (512) 632 3099
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.barnesLi.-TexasNationalTitle.com
Purchase Price:
$ 7,500.00
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:
Easement Purchase Agreement — BCRUA Parcel ___ 113ge 116
DocuSign Envelope ID. AD6E7D14-2481-4A42-9159-F7E8A4D30030
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.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. 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,
Easement Purchase Agreement -- BCRUA Parcel ___ Page 216
DocuSign Envelope ID- AD6E7D14-2481-4A42-9159-F7E8A4D30030
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 Seiler's sole and exclusive remedies for a default by
Buyer.
E.S. Atlorney'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
Easement Purchase Agreement — BCRUA Parcel — —— Page 116
DocuSign Envelope ID. AD6E7D14-2481-4A42-9159-F7E8A4030030
F.1. Notices. Any notice required by or permitted under this contract must be in writing.
F.2. Entire Agreement. This contract, its exhibits, and any Closing Documents delivered at
Closing are the entire agreement of the parties concerning the sale of the Property by Seller to
Buyer. There are no representations, warranties, agreements, or promises pertaining to the
Property or the sale of the Property by Seller to Buyer, and Buyer is not relying on any statements
or representations of Seller or any agent of Seller, that are not in those documents.
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.
F7. 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 may be enforced by the parties and their
respective heirs, successors, and permitted assigns.
Easement Purchase Agreement — BCRUA Parcel — —— Page416
DocuSign Envelope ID: AMEM14-2481-4A42 9159-F7E8A4D30030
SELLER: Robert L. Custer, Jr. & Kimberly A. Custer
BUYER
Epocu3 ned by.
�
298B3Rfi8E68E475
13y. Kobert L. t.uster, Jr.
Date:
By: Kimberly A. Custer
Date:
City of Round Rock, a Texas home rule city
By:
Date:
Title:
Title:
Easement Purchase Agreement — BCRUA Parcel Page S16
DocuSign Envelope ID. A06E7D14-2481-4A42-9159-F7E$A4D38830
Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA)
Docn3lpned by:
,'� 13
55B4601)B105C4AO
By: Karen Bondy, C;eneral 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 _ , Page 616
ROBERT L. CUSTER, JR. AND KIMBERLY A. CUSTER EXHIBIT "A"
(RjIF4�!T��Te
rsyors
804 Las Cimas Pkwy., Suite 150
Austin, Texas 78746
TWENTY FOOT WIDE (0.082 ACRE)
ELECTRIC EASEMENT
LOCATED IN THE SAMUEL HAYFORD SURVEY, ABSTRACT 2246
IN TRAVIS COUNTY, TEXAS
FIELD NOTES FOR A TWENTY FOOT WIDE (0.082 ACRE) STRIP OF LAND LOCATED IN THE SAMUEL HAYFORD SURVEY,
ABSTRACT 2246, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF LOT 7, BLOCK B OF TRAVISTA, A SUBDIVISION OF
RECORD IN VOLUME 91, PAGE 84 OF THE PLAT RECORDS OF TRAVIS COUNTY. TEXAS (P.R.T.C.T.) AND DESCRIBED IN A
DEED TO ROBERT L. CUSTER, JR. AND KIMBERLY A. CUSTER, HUSBAND AND WIFE, OF RECORD UNDER TRAVIS COUNTY
CLERK'S DOCUMENT (T.C.C.D.) 2004185411 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS
(O.P.R.T.C.T.). SAID 0.082 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 POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT IN THE NORTH RIGHT-
OF-WAY LINE OF TRAVISTA DRIVE (60' WIDE RIGHT-OF-WAY) AS DEDICATED BY THE PLAT OF SAID TRAVISTA, FROM
WHICH A 1/2" IRON ROD FOUND IN THE NORTH RIGHT-OF-WAY LINE OF TRAVISTA DRIVE, MARKING THE SOUTHWEST
CORNER OF SAID LOT 7 AND THE SOUTHEAST CORNER OF LOT 6, BLOCK B. OF SAID TRAVISTA BEARS N 87.04'01" W —
68.63
THENCE N 22°14'22" E— 190.57'THROUGH THE INTERIOR OF SAID LOT 7, TO A POINT AT THE NORTHWEST CORNER OF
THE HEREIN DESCRIBED EASEMENT, IN THE COMMON LINE BETWEEN SAID LOT 7 AND LOT 8, BLOCK B OF SAID
TRAVISTA, FROM WHICH A 1/2" IRON ROD FOUND FOR REFERENCE ON SAID COMMON LINE BEARS N 30'38'16" W —
297.74';
THENCE S 30038'16" E — 25.08' WITH THE COMMON LINE BETWEEN SAID LOT 7 AND LOT 8, TO A POINT AT THE
NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND IN THE NORTH
RIGHT-OF-WAY LINE OF TRAVISTA DRIVE MARKING THE SOUTHEAST CORNER OF SAID LOT 7 AND THE SOUTHWEST
CORNER OF SAID LOT 8 BEARS S 30*38'16' E — 187.53;
THENCE S 22014'22" W—168.42' THROUGH THE INTERIOR OF SAID LOT 7, TO A POINT AT THE SOUTHEAST CORNER OF
THE HEREIN DESCRIBED EASEMENT, IN THE SOUTH LINE OF LOT 7 AND THE NORTH RIGHT-OF-WAY LINE OF TRAVISTA
DRIVE, FROM WHICH A 1/2" IRON ROD FOUND MARKING THE BEGINNING OF A CURVE TO THE LEFT IN SAID NORTH
RIGHT-OF-WAY LINE BEARS S 87"04'01" E -- 126.90';
THENCE N 87904'01" W — 21.19' WITH THE NORTH RIGHT-OF-WAY LINE OF TRAVISTA DRIVE AND THE SOUTH LINE OF
SAID LOT 7, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.082 ACRE OF LAND. SURVEYED BY WARREN
L. SIMPSON, REGISTERED PROFESSIONAL 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 GLOBAL POSITIONING SYSTEM OBSERVATIONS. THE DISTANCES SHOWN HEREIN ARE SURFACE
VALUES.
RELEASED: OCTOBER 14, 2020
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NOTE NO. 111`��y
MAP CHECKED: 1011412020
www.WalkerPartners.com
TBPE Registration No. 8053 1 TBPLS Registration No. 10194317
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HUSBAND AND WIFE
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IN 85'46'S7 w - 216�89) ur 6 126.90 r.
T �DRIAIKUATGIE
LITY AND
FIELD NOTE DRIVE UME18 SEMENT
4.PAGE
TRAVISTA D VOLUME IPRTCT
POINT OF BEGINNING ,996.RPRTCT
GRID COORDINATES (66' Rolf OF WAY - VOLUME 91. PAGE 84)
H: 101442TS70' Bo 3062112.31' `
SURVEYORS NOTES
SURVEYED. OCTOBER 07, 20M
RELEASED OCTOBER14.2020
FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED:
A TWENTY FOOT WIDE (0.062 ACRE) ELECTRIC EASEMENT LOCATED IN THE
SAMUEL HAYFORD SURVEY, ABSTRACT, 22461N TRAVIS ODUNTY, TEXAS
THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT THIS SURVEY WAS
PERFORMED WITH THE BENEFIT OFA TIRE REPORT PROVIDED BY WESTCOR
LAND TITLE INSURANCE COMPANY, GF NO T-136334, VHX31 BEARS AN
EFFECTIVE DATE OF SEPTEMBER 9,2020. THE SURVEYORCERTIFIES THAT
ITEMS 102. 10,& 107; 109. t0 10, AND 10.12-10.14 USTEDIN SCHEDULE'B' OF
THE TITLE COMMITMENT AND ANY ADDITIONAL EASEMENTS THAT HE HAS BEEN
ADVISED OF HAVE BEEN ADDRESSED HEREON HOWEVER THE SURVEYOR
DOES NOT GUARANTEE THAT THE SCHEDULE 'B' LISTS ALL EASEMENTS.
RESTRICTIONS OR ENCUMBRANCES{EITHER OF RECORD OR NOT OF RECORDI
WHICH MAY AFFECT THE SUBJECT TRACT
SOUTH RIGHT OF WAY LINE
AaPRO%u.!A_--, UP SURVEY UNE
EXHIBIT
OF A 20 FOOT WIDE 0082 ACRE) ELECTRIC EASEMENT LOCATED
IN THE SAMUEL HAYFORD SURVEY, ABSTRACT 2246, 1N TRAVIS
COUNTY, TEXAS, BEING A PORTION OF LOT 7, BLOCK -B' OF
TRAVISTA, A SUBDIVISION OF RECORD IN VOLUME 91, PAGE 94.
OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS, AND
CONVEYED TO ROBERT L CUSTER, IR. AND KIMBERLY A. CUSTER,
HUSBAND AND WIFE, BY DEED RECORDED UNDER TRAVIS
COUNTY CLERK'S DOCUMENT 20D4185411 OF THE OFFICIAL
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS.
EASEMENTS SHOWN IN SCHEDULE E' THAT ARE LOCATED WITHIN ORADJACENT TOTHE PROPOSED EASEMENT AS
SHOWN HEREON
10915' EASEMENT FOR THE INSTALLATION AND MANTENANCE OF UTILITIES ANDDRAWAGE FACILITIES VOLUME 11864.
PAGE 1996. R P R.T C.T
10 10) 10' EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES AND DRAINAGE FACILITIES VOLUME
11884. PAGE 1996. R P.R T C.T
EASEMENTS SHOWING IN SCHEDULE Ir THAT ARE NOT LOCATED WITHIN OR ADJACENT TO THE PROPOSED EASEMENT
1021 VARIABLEVAUIH DRAINAGE EASEMENT ACROSS THE REAR OF LOT 7 VOLUME 91. PAGE 84. P R T.0 T
1061 12.5' DRAINAGE EASEMENT VOLUME 91. PAGE 84. P R T C S
10 7) 1% SANITARY EASEMENT AND WATER WELL SITE VOLUME 91 PAGE 84, P R T.0 T
1012) OVERFLOW AND INUNDATION EASEMENT BELOW 670' CONTOUR LINE VOLUME 609, PAGE 470. 0 R.T.0 I
10 13) OVERFLOW AND INUNDATION EASEMENT BELOW 71Y CONTOUR LINE VOLUME 609, PAGE 177.ORTCT
THE BEARINGS AI„D GRID COORDINATES SHOWN HEREON ARE BASED UPON THE TEXAS STATE PLANE
COORDINATE SYSTEM, HAD 83. TEXAS CENTRAL ZONE ACOURED FROM GLOBAL POSITIONING SYSTEM
OBSERVATIONS ALL DISTANCES AND AREAS SHOWN HEREON ARE BASED ON SURFACE CONDITIONS
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GRAYIIICSCALI. IN F1'1-1
111A1 NO. A3 1910 PRO). NO. i IK1619 DRAFr1.1)
TAIS I•.XII I'fNNO. 11L FIS/PG 3.25G3 DRA1CTF
HY
I)\C'G.NA�IIi3�TKl(191:SAFI-PARCI.1. 1IL M,1P(:IIK'll
EXHIBIT "B"
ELECTRIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS §
That ROBERT L. CUSTER, JR. and KIMBERLY A. CUSTER, for and in consideration of TEN
DOLLARS ($10.00) in hand paid by the City of Round Rock, Texas, has granted, sold, and
conveyed and by these presents does grant, sell, and convey unto CITY OF ROUND ROCK,
TEXAS ("Grantee") an easement and right-of-way as hereinafter described for the purpose of an
electric distribution line consisting of variable number of wires, and all necessary or desirable
appurtenances (including poles made of wood, metal or other materials, telephone and cable
television wires, props, guys, and anchors) over, across and upon the following described lands
located in Travis County, Texas, to -wit:
All of that certain tract of land in Travis County, Texas, being more fully described by
metes and bounds and depicted on sketch in Exhibit "A", attached hereto and
incorporated herein and made a part of for all purposes (Parcel i 11).
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� , 20
BCRLJA PH 2, Parcel I I I
GRANTOR:
Robert L. Custer, Jr.
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
GRANTOR:
Kimberly A. Custer
THE STATE OF TEXAS
[fill 1jzfIVACITU
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
5C5 E Hundand Drive, Suite 100
Austin, TX 78752
BCRUA PH 2, Parcel H 2
)its;
dog� �� � � , ��j J �
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BCRUA 111
=1R' IRON ROD FOUND
( 1
= PLAT CALLS
P R.T C T
= PLAT RECVROS TRAVIS COUNTY, TEXAS
TC.CD
= TRAVIS COUNTY CLERKS OOCLIMENT
R P.R.TCI
= REAL PROPERTY RECORDS
TRAVIS COUNIN. TEXAS
OP.R.T.CT
= OFFICIAL PUBLIC RECCR05
TRAVISCOUNTY, TEXAS
®
=TELEPHONE RISER
%
= WATER IRRIGATIONCONTRGL VALVE
E—
= OVERHEAD ELECTRICLINE
— x —
=FENCE
=GATE OPENER
= UTIUTY POLE
E—
= pUY WIRE
= ELECTRIC JUNCTION BOX
= ASPHALT EDGE
� x �
LOW s 1 P
a
o,
NORTH RIGHT OF WAY LINE
SURVEYOR'S NOTES
\ y
\
\ an
\
25 OF \
LINE TABLE
LINE
DIRECTION
I L
LA
S 30' 38 Ifi E
L-2
N 8T Of 0T W
21 19'
LOT T, BLOCK 8
TRAVISTA
VOLUME 91, PAGE 84
P.R.T.C.T.
ROBERT L CUSTER, JR. AND
KIMBERLY A. CUSTER,' .
HUSBANDANDWIFE
T.C.C.D.2004185411
O.P.R.T.C.T. 1�
20' m0E (0.082 ACRE)
31. ELECTRIC EASEMENT
N
� 1V
S,q 14
SZST4ti
Y
.�— ti
LOTS
s
\ ,a
VA (6) ZQ BRICK COLUMNS AND 1 10UTIUIYAND
�1 WROUGHT IRON FENCE WITH DRAINAGE EASEMENT
SUDINGOATE• 1 VOLUME PRT,CTGE 19% \\
N Bl'04'Ol-W 68-65 ` " —1�� \�
FIELD NOTE
POINT OF BEGINNING
GRID COORDINATES
N: 1014 275701 & 3062112.3L'
SURVEYED .00TOBER07,2020
RELEASED OCTOBER 14, 2020
FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TIRED
A TWENTY FOOT WIDE (0.012 ACRE) ELECTRIC EASEMENT LOCATED LATHE
SAMUEL HAYFORD SURVEY, ABSTRACT, 2246IN TRANS COUNTY, TEXAS
THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT THLS SURVEY WAS
PERFORMED WITH THE BENEFIT OF A TITLE REPORT PROVIDED BY WESTOOR
LAND TITLE INSURANCE COMPANY, GF N0. T. 136934, WHICH BEARS AN
EFFECTIVE DATE OF SEPTEMBER 9.2020 THE SURVEYOR CERTIFIES THAT
ITEMS 102,10.6, 10 7, 109, 1010: AND W 12.iO l4 USTED IR SCHEDI)LE *B' DF
THE TITLE COMMITMENT AND ANY ADDITIONAL EASEMENTS THAT HE HAS BEEN
ADVISED OF HAVE BEEN ADDRESSED HEREON HOWEVER, THE SURVEYOR
DOES NOT GUARANTEE THAT THE SCHEDULE'B' LISTS ALL EASEMENTS,
RESTRICTIONS OR ENCUMBRANCES (EITHER OF RECORD OR NOT OF RECORD)
WHICH MAY AFFECT THE SUBJECT TRACT
�l IN 85'4657 W
TRAVISTA DRIVE
(60 RIGHT OF WAY. VOLUME 91. PAGE &)
SOUTH Rr.HT OF WAY LINE
Aa"Cn'%TATE LOCH{ION CF SURVEY LANE
5' UTILITY AND
DRAINAGE EASEMENT
VOLUME I IBB4, PACE
1996.RP.RTCI
EXHIBIT
OF A 20 FOOT WIDE (0,082 ACRE) ELECTRIC EASEMENT LOCATED
IN THE SAMUEL HAYFORD SURVEY, ABSTRACT 2246, IN TRAVIS
COUNTY, TEXAS, BEING A PORTION OF LOT 7, BLOCK 'B' OF
TRAVISTA, A SUBDIVISION OF RECORD IN VOLUME 91, PAGE 84,
OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS, AND
CONVEYED TO ROBERT L. CUSTER, JR. AND KIMBERLY A. CUSTER,
HUSBAND AND WIFE, BY DEED RECORDED UNDER TRAVIS
COUNTY CLERK'S DOCUMENT 2004185411 OF THE OFFICIAL
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS.
EASEMENTS SHOWN IN SCHEOULE'B' THAT ARE LOCATED WITHIN ORADJACENT 10 THE PROPOSED EASEMENT AS
SHOWN HEREON
109)5' EASEMENT FOR THE INSTALLATION AND MANTENANCE OF UTILITIES ANDORAINAGE FAGLITIES VOLUME 11884.
PAGE 19%. RP R T.C.1
1010) 10- EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES ANODRAINAGE FACILITIES VOLUME
11884, PAGE 1996. R P.R T CT
EASEMENTS SHOWING IN SCHEDULE Tr THAT ARE NOT LOCATED 0THW OR ADJACENT TD THE PROPOSED EASEMENT
ID 2) VARIABLE NDOTH DRAINAGE EASEMENT ACROSS THE REAR OF LOT 7 VOLUME 91, PAGE 84. P R T C.T.
ID 6) 12.5- DRAINAGE EASEMENT VOLUME 91, PAGE 94. P RT C.I
10 7)1 W SAN17ARY EASEMENT AND WATER WELL SITE VOLUME 91, PAGE 94. P RT c.T
I 121 OVERFLOW AND INUNOATION EASEMENT BELOW 670-CONTOUR LINE VOLUME 6N. PAGE 47D. D RTC T
10 131 OVERFLOW AND INUNDATION EASEMENT BELOW 715'CONTOUR UNE VOLUME 609. PAGE 173. D RTC T
THE BEARINGS AND GRIDCOORDNAIES SHOWN HEREON ARE BASED UPON THE TEXAS STATEPLANE
COORDINAIE SYSTEM. NAD83. TEXASCENIRAL ZONE ACOUIREO FROM GLOBAL POSITIC ONG SYSTEM
OBSERVATIONS ALL DISTANCES ANDAREAS SHOWN HEREON ARE BASED ONSURFACE CONDITIONS
p�. COPYRIGI IT AT.]. RIGI FIN RI:SI--RVa?D
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GkAPHIC'SCALI: IN FI-I I
PiAI NO. A3 1910 PRO). NL). 301619 DRAFII:F
I'AR 1:XI I 1 ; N NO. I11 111/P(; 3 25 63 DRA\\W
By
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City of Round Rock
ROUND ROpC
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider execution of an Easement Purchase Agreement with Robert & Kimberly
Custer for the acquisition of a 0.082 acre electric utility easement required for
the BCRUA Phase 2 Raw Water DeliveryProject (Parcel 111).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/18/2021
Dept Director: Michael Thane, Utilities and Environmental Services Director
Cost: $7,500.00
Indexes: Regional Water Fund
Attachments: CUSTER(111)--electric easement purchase agreement--BCRUA Ph2, CUSTER(111)-
-property location exhibits
Department: Utilities and Environmental Services
Text of Legislative File CM-2021-176
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 Robert & Kimberly Custer for the acquisition of 0.082 acre along
the 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