CM-2021-213 - 7/30/2021Easement 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.
Sellers: Steven P. Huemann & Antonia M. Huemann husband and wife
Address: 23688 Nameless Rd., Leander, Texas 78641, Travis County
Phone: (512) 497-6393
Buyer: City of Round Rock, a Texas home rule city
Address: 221 E. Main St.
Round Rock, TX 78664
Williamson County
Easement Property: that certain tract of land consisting of 0.172 acre, more or less, out of the
James Sylvester Survey, Abstract No. 761 and the Jose Antonio Ybaro Survey, Abstract No. 840,
Travis County, Texas, 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.barm((bTexasNationaMtie. ccm
Purchase Price:
S 17,000.00
County for Performance: Travis County, Texas
Address: 305 Denali Pass Drive,
Suite A
Cedar Park, Texas 78613
Fax:(512) 853-5810
14 I "Op�1-� �1.?
Easement Purchase greement BCRUA Parcel 089 Page 11
A. Closing Documents
A.1. At Closing, Seller will deliver the following items:
Electric Utility Easement
A.2. At Closing, Buyer will deliver the following items:
Balance of Purchase Price
The documents listed in this section A are collectively known as the "Closing Documents."
B. Exhibits
The following are attached to and are made a part of this contract:
Exhibit A — 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.l.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 fiords
acceptable to Title Company.
D.I.c. Disbursement of I 'unds; 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_
Easernent Purchase Agreement - BCRUA Parcel 089 s,ak,e 216
D.2. 7ransaclion ('osls
D.2.a. Bayer's Costs. Buyer will pay the basic charge for the Title Policy; the escrow fee
charged by Title Company; the costs to prepare the easement; the costs to obtain, deliver,
and record releases of any liens required to be released in connection with the sale; the
costs to record documents to cure Title Objections required to be cured by Buyer and to
resolve matters shown in Schedule C of the Title Commitment; the costs to obtain the
certificates or reports of ad valorem taxes; the costs to deliver copies of the instruments
described in paragraph A; any other costs expressly required to be paid by Buyer in this
contract, including Buyer's attorney's fees and expenses.
D.2.b. Sellars Costs. Seller will pay any costs expressly required to be paid by Seller in
this contract, including Seller's attorney's fees and expenses.
DJ Brokers' ('ommissions. 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 Sellers Default, including attorney's fees and expenses
and court costs.
K 3. Seller's Defarrll; Remedies aflet- 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. Buyers Defarrll; 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.
F,.S. Attorneys lees. 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 — 8CRUA Parcel 089 1•)8r, 316
F. Miscellaneous Provisions
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. A.srigmnent. Buyer may assign this contract and Buyer's rights tinder 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.G. 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 DefauU. Default is not waived if the non -defaulting parry fails to declare a
default immediately or delays taking any action with respect to the default.
F.8. .Veverability. 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 Construes! 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. C'ounter1mr1s. 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 Agreernent BCRUA Parcel €789-?age416
SELLER:
4-d
Steven P. Huemann & Antonio Mb Memnon
13y: Steven P. Huemam
s: / ►/202(
Date:
By-, Ant af4lluemm
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Date:
City of Round ROC14 a Texas ItOJUP rule Oty
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Tiff
16nt P'IkrohOe Pkjlf--OOMP�Al . OCRUA Farce[ 080 p -a st .5 1 a
SELLER: Steven P. Huemann & Antonia M. Ruemanu
By: Steven P. Huernann
Date:
By; Antonia M_ Huernann
Date:
BUYER: City of Round Rock, a Texas home rule city
By: Title:
-�I�ebq
Datef
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Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (OCRUA)
e, F" t' L
By: karen Bondy, General ger
:Z 121
Date:
Title Company acknowledges receipt of a copy of this contract executed by both Buyer and Seller.
By:
Name:
Title:
Date:
Easement Purchase Agreement - SCRUA Parcel 089 Page 616
EXHIBIT "A"
ELECTRIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That Steven P. Huemann & Antonia M. Huemann, for and in consideration of ONE DOLLAR ($I.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 Williamson County, Texas, to -wit:
All of that certain 0.172 acre (7,492.32 square foot) tract in the James Sylvester Survey, Abstract
No. 761 and the Jose Antonio Ybaro Survey, Abstract No. 840, Travis County, Texas; being more
fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein.
With guying easements as needed, together with the right of ingress and egress over Grantor's adjacent
lands to or from said right-of-way for the purpose of constructing, reconstructing, inspecting, patrolling,
hanging new wire on, maintaining and removing said lines and appurtenances; provided however the right
to use such adjacent lands shall only be permitted if there is no reasonably available access to the
easement area from a public right of way; the right to relocate the lines within the limits of said easement
and right-of-way; the right to remove from said lands all trees and parts thereof, or other obstructions
which endanger or may interfere with the efficiency of said lines or their appurtenances.
Grantor warrants that Grantor is the owner of said property and has the right to execute this easement.
TO HAVE AND TO HOLD the above described easement and rights unto Grantee and its successors and
assigns, until said easement and rights shall be relinquished. This easement may be assigned by Grantee.
Grantor, Grantor's heirs and legal representatives do hereby bind themselves to warrant and forever
defend all and singular the above described easement and rights unto Grantee, its successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS my hand this day of , 20
[signature page follows]
Parcel 4 89 (Steven P. Huemann & Antonia M. Huemann)
GRANTOR:
Steven P. Huemann & Antonia M. Huemann
Steven P. Huemann
Date
THE STATE OF TEXAS
COUNTY OF
Antonia M. Huemann
Date
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 CINDER MY HAND AND SEAL OF OFFICE this _ day of
120.
Notary Public in and for
The State of Texas
ll0.1W-1rNIDKI)a0*T4�1
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
Please Return to:
Notary Public in and for
The State of Texas
Cobb, Fendley & Associates, Inc. / Right of Way Department
505 E. Huntland Drive, Suite 100
Austin, TX 78752
Parcel # 89 (Steven P. Huemann & Antonia M. Huemann)
2
BCRUA 089
STEVEN P. HUEMANN AND ANTONIA M. HUEMANN
Onketners
ineers * surveyors
600 Ausiln Ave., Suite 20
Waco, Texas 76701
0.172 ACRE
ELECTRIC EASEMENT
LOCATED IN THE JAMES SYLVESTER SURVEY, ABSTRA("I' 761
AND `1'1111-- JOSE ANI'ONIO YBARBO SURVEY, ABSTRACT' 840
TRAVIS COUNTY, TEXAS
EXHIBIT "A"
FIELD NOTES FOR A 0.172 ACRE STRIP OF LAND LOCATED IN THE JAMES SYLVESTER SURVEY, ABSTRACT 761 AND THE JOSE
ANTONIO YBARBO SURVEY, ABSTRACT 840 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 10.836 ACRE TRACT
DESCRIBED IN A DEED TO STEVEN P. HUEMANN AND ANTONIA M. HUEMANN, OF RECORD UNDER TRAVIS COUNTY CLERK'S
DOCUMENT (T.C.C.D.) 2002240427 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.). SAID 0.172
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 112' IRON ROD FOUND IN THE FENCED SOUTHWEST MARGIN OF NAMELESS ROAD, MARKING THE EAST
CORNER OF SAID 10.836 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, BEING THE NORTH CORNER OF A CALLED
10.608 ACRE TRACT REFERENCED IN A DEED TO OUR LADY QUEEN OF PEACE HOUSE OF PRAYER, OF RECORD UNDER T.C.C.D.
2010147870 OF THE O.P.R.T.C.T.:
THENCE S 26'40'58" W - 20.03' WITH THE COMMON LINE BETWEEN SAID 10.836 ACRE TRACT AND SAID 10.608 ACRE TRACT, TO
A POINT FOR THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 112- IRON ROD FOUND MARKING
THE SOUTH CORNER OF SAID 10.836 ACRE TRACT BEARS S 26'40'58' W-1410.92';
THENCE THROUGH THE INTERIOR OF SAID 10.836 ACRE TRACT, THE FOLLOWING NINE (9) CALLS:
1) N 60.14'48" W -1.81' TO A POINT FOR ANGLE,
2) N 56'02'24" W - 68.85' TO A POINT FOR CORNER,
3) S 33'32'S4" W - 34.93' TO A POINT FOR CORNER,
4) N 56'27'06" W - 20.00' TO A POINT FOR CORNER,
5) N 33'32'64" E - 35.07' TO A POINT FOR CORNER,
6) N 66'02'24" W - 136.45' TO A POINT FOR ANGLE,
7) N 63.01'09" W - 91.97' TO A POINT FOR CORNER,
8) S 36'05'28" W - 34.84' TO A POINT FOR CORNER,
9) N 53'54'32" W - 3.73' TO A POINT AT THE WEST CORNER OF THE HEREIN DESCRIBED EASEMENT, IN THE COMMON
LINE BETWEEN SAID 10.836 ACRE TRACT AND A CALLED 4.60 ACRE TRACT DESCRIBED IN A DEED TO BRUCE A. BUNGE
AND KATHRYN DEANN BUNG E, OF RECORD UNDER T.C.C.D. 20071074T8OF SAID O.P.R.T.C.T., FROM WHICH A 60D
NAIL FOUND MARKING THE WEST CORNER OF SAID 10.836 ACRE TRACT BEARS S 26'40'00' W - 1421.78'
THENCE N 26940'00" E - 55.80' W ITH THE COMMON LINE BETWEEN SAID 10.836 ACRE TRACT AND SAID 4.60 ACRE TRACT, TO A
POINT IN THE FENCED SOUTHWEST MARGIN OF NAMELESS ROAD, AT THE NORTH CORNER OF SAID 10.836 ACRE TRACT AND
THE HEREIN DESCRIBED EASEMENT AND THE EAST CORNER OF SAID 4.60 ACRE TRACT;
THENCE WITH THE NORTHEAST LINE OF SAID 10 836 ACRE TRACT, ALONG THE FENCED SOUTHWEST MARGIN OF NAMELESS
ROAD, THE FOLLOWING TWO CALLS:
S 53001'09" E-104.62' TO A 112" IRON ROD FOUND FOR ANGLE,
S 56'02'24" E - 224.04'. RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.172 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. DISTANCES SHOWN HEREON ARE
SURFACE VALUES.
SURVEYED: SEPTEMBER 12, 2017
FTF
RE EASED: DECEMBER 13, 20 7
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FIELD NOTE NO 089, MAP CHECKED: 1113012017-JBM
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TBPE Registration No. 8053 j TBPLS Registration No. 10032500
G:\PFojects\3-00619\3 Phase 2 Land Rights\ I Survey\1.5 Final Copies\FiekJ Notes\FN-89.docx
Exhibit A BCRUA 089
STEVEN P. RUEMANN AND ANTONIA M. HUEMANN
LEGEND
a IIY IRON ROD FOUND
(UNLESS DTIERME NOTED)
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=DEED CALLS
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IRAVIS COUNTY. IEXAS
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OPRACT.
EXHIBIT
OF A 0.172 ACRE ELECTRIC EASEMENT
LOCATED IN THE LAMES SYLVESTER SURVEY,
ABSTRACT 781 AND 103E ANTONIO TBARBO,
ABSTRACT 84A IN TRAVIS COUNTY, TEXAS,
BRING A PORTION OF A CALLED 10863 ACRE
TRACT DESCRIBED IN A DEED TO STEVEN P.
RUEMANN AND ANTONIA M. RUEMANN, OF
RECORD UNDER TRAVIS COUNTY CLERK'S
DOCUMENT 2002240427 OF THE OFFICIAL
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS
SURVEYORS NOTES
SURVEYED. SEPTEMBER 12.201T
RELEASEOATE OEOELIBER 0 290
FIELD NOTES ATTACREO HERE10, MADE APART HEREOF AND TITLED
0In ACRE ELECTRC EASEMENT LOCATED NINE JAMS SYLVESTER
SUITVEY, ABSTRACT T61 AMDJOSE ANTORIOSURVEY• ASSIRACT848
BI TRAVIS COUNTY TEXAS
THE SIMVEYOR 010 NOf ASSIRACT -Me SUSXC T TRACT, TTOS
SURVEY WAS PERT 0RMEO T4TINOUT THE SENEFIT OF A fITLE REPORT
THEREFORE THE SURVEYOR CERTIFIES THAT EASEMENTS THAT HE
HASBEENADMEOOFHAVEOEENADORESSPDNFREOH_ HOWEVER.
THE SURVEYOR DOES NOT0INARANTEE THATALL EA39MD IS,
RESTRCTIONSOR ENCLIMBRA4CES(EITHEROFRECOi1DOR140TO'
RECORD) WN',CH NAY AFFECT THE SUNECT TRAG-ARE 84DM
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THE rEM SFAFE PLANE COOROINA-E SYSTEM NAO03. CENTRAL
2CNE AGWRED FROM ORAL POSI IONW, SYSTEM OBSENVAIIONS.
THE OIS VANCES SHDAN HEREON ARE SURFACE VALUES
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STEVEN P HUEM119N AND
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CALLED IOM ACRES
T.C.CA. 2002240427
O.P.R.T.C.T
OUR LADY OUEEN OF PEACE
HOUSE OF PRAYER
CALLED 10.606 ACRES
TC.0 D- 2010147610
OP R.TCT
(NOOESCRIPTION
PROMOIN DEEW
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Exhibit A BCRUA 089
STEVEN P. HUEMANN AND ANTONIA M. HUEMANN
LEGEND
0
=17 RON ROD FOUND
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=WED CALLS
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•OEEO RECORDS TAAV3
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CM90
EXHIBIT
OF A DJ72 ACRE ELECTRIC EASEMENT
LOCATED IN THE LAMES SYLVESTER SURVEY,
ABSTRACT 761 AND TOSE ANTONIO TBARBO,
ABSTRACT 840 IN TRAVIS COUNTY, TEXAS,
BRING A PORTION OF A CALLED 10.883 ACRE
TRACT DESCRIBED IN A DEED TO STEVEN P.
HUEMANN AND ANTONIA M. HUEMANN, OF
RECORD UNDER TRAVIS COUNTY CLERK'S
DOCUMENT 2002240427 OF THE OFFICIAL
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS
SURVETORSNOTES
SURVEYED SEP%MBER 12 2017
RELEASE DATE DECEVIBER 13 2011
FIELD NOTES ATTACHED HERETO, WOE A PANT HEREOF AND TIRED
0,117 ACRE ELECTRIC EABE4IENT LOCATED N THE JAMS SYLVESTER
SURVEY• ABSTRACT T61 AND JOSE ANTONIO SURVEY, ABSTRACT M5
IN TRAVIS COUNTY, TTJUS.
THE SURVEYOR OM MI)T ABSIRACT r KE SUBJEC T TRAC7 THIS
SURVEY WAS PERFORMED WITHOUT NNE BENEFIT OF A TTTLE REPOR I.
THEREFORE THE SURVEYOR CERTIFIES THAT EASELFJITS THAT HE
HAS BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON HOWEVER.
THE SURVEYOR DOES NOT GUARANTEE THATALL EASEMEN i S.
RESTRICRONS OR ENCULBRANCES (EITHER Of RECORD OR NO- OF
RECORDI WH'CH MAY AFFECT THE SUBJECT TRACT ARE SHOAH
HEREON.
THE BEARINGS AM COORDINATES S4OR14 HEREON ARE RMEC UPON
THE TEKASSTATE KANECOORDWA'ESYSTEU NADTD,CENIRAL
ZONE ACOURED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.
THE DISTANCES SHORN HEREON ARE SURFACEVALUES
Q COMILIOHT-Ul FUGH'EC, F ES -RUED
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STEVEN P. HUEMANN AND
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CALLED 18MACRES
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HOUSE OF PRAYER
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T.CCO. 2010147470
OPRTGT_
(NODESCRIPTION
PROADEOIN DEEDI
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City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider execution of an Easement Purchase Agreement with Steven & Antonia
Huemann for acquisition of a 0.172 acre electric utility easement required for the
BCRUA Phase 2 Raw Water Delivery Project (Parcel 89).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/30/2021
Dept Director: Michael Thane, Utilities and Environmental Services Director
Cost: $17,000.00
Indexes: Regional Water Fund
Attachments: HUEMANN(89)--electric easement purchase agreement (signed by
owner-BCRUA), HUEMANN(89)--parcel location exhibits (DC 7.23.21)
Department: Utilities & Environmental Services
Text of Legislative File CM-2021-213
The Brushy Creels 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 }sump station
for the Phase 2 Deep Water Intake project.
The Easement Purchase Agreement is with Steven & Antonia Huemann for the acquisition of 0.172 acre
along the property.
The negotiated purchase price for this easement is $17,000 and has been approved by the BCRUA
Operations Committee. Round Rock's portion of this amount is 28.19% which equates to $4,792.30.
Cost: $17,000
Source of Funds: Regional Water Fund
City of Round Rock Page 1 of 1