CM-2021-250 - 10/1/2021Easement 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.
Seller: Joe Crowder and Rosario Crowder
Address: 10311 Trails End Road
Leander, Texas 78641
Travis County
Phone: 512-563-6873
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 sketch in Exhibit "A" and Exhibit "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.134rires(r_�r.,-I uxasiVptioualTitle,com
Pitrehase Price:
S 11,000.00 (Eleven Thousand and 00/100 Dollars).
County for Performance: Travis County. Texas
A. Closing Documents
Address: 305 Denali Pass Drive,
Suite A
Cedar- Park, Texas 78613
Fax:(51) 853-5810
Easement Purchase Agreeinent - 13CRVA Parcel 125 213 Page
11s
A. I. At Closing, Seller will deliver the following items:
Electric Utility Easement in the same form and substance as the attached
Exhibit "C"
A.! 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 - Parcel 125 Easement Property Description
Exhibit B Parcel 213 Easement Property Description
Exhbit C - Draft 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
1).1. Oaring. This transaction will close ("Closing") at Title Company's offices at the Closing
Date and Closing Time. At Closing, the following will occur;
1). La. ('losing Docunrvnts; Title Comprsry Documents. The parties will execute and
deliver the Closing Documents and any documents required by Title Company.
D-I.h, 1'ajnient of 1'nrcha,se 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.
1). Le. Msbursetne w 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 cocumel% and
copies in accordance with the parties' written instructions.
1),1-d. Possexvion. Seller will deliver possession of the Property Interests to Buyer, subject
to the Permitted Title Exceptions existing at Closing.
Easement Pu;chase Agreement DCRUA Parcel 125 & 213 Page
216
D.2. 1'r'an.vocliou Costs
0.2.a. f t)-er's ('psis. 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. {Veflew'v Costy. Seller will pay any costs expressly required to be paid by Seller in
this contract, including Seller's attorney's fees and expenses.
1).3. Wokol:s' Cwnntimiorrs. No Broker's commissions or fees will be paid as a part of this
transaction and Closing.
D.4. 1ssuance pf`7t11e Policy. Buyer will cause Title Company to issue the Title Policy to Buyer
as soon as practicable after Closing.
R. Default and Remedies
E.1. .Sl;ec{fic 1'erfoi-mince- Buyer may demand specific performance of this contract.
1Aclual 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 fi-om 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 1)efirrrlr; Rerrteclies after Clpsirrg. 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. 1lrgrer's Defauh; 1 einethes. 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
Easement Purchase Agreernent - 13CRUA Parcel 125 & 213 Page
316
E.5 At1or►tey'c 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.
F.2. Enth-e Agreenle►rt, 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 Seiler or any agent of Seller, that are not in those
documents.
F.3. A►r►enchnew. This contract may be amended only by a signed, written agreement.
F.4. Assig►rrnew- Buyer may assign this contract and Buyer's rights under it.
F.5. C'o►rflicts. 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- Venire. This contract is to be construed under the laws of the State of
Texas. Venue is in the county for performance.
F.7. Wainer of UeJaulr. 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. Sewn -ability. 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 (lie 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. Ambig►rilies Not to Be Cbnso•irecl irgaiust Party Who Draffecl (Onivacr. 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. Counierj)cwts. 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. Biucling L' icr. This contract binds, benefits and may be enforced by the parties and their
respective heirs, successors, and permitted assigns.
faseme9t Purchase Ag•eenweal -- 13CR0A Paicel i15 $. 21l PaV,e
416
SELLER: Joe Crowder and Rosario Crowder
Dale:
Rosario Crowder
Cate:
BUYER: City of Round Rock, a Texas Home rule city
BY Title
Date-
Iasement Ptorchase Agreement - 11CR0A 11arcel i25 & 21.E #'ag
$16
Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA)
, vf,�
By: Karen Bondy, Genera!
--
Title Company acknowledges receipt of a copy of this contract executed by both Buyer and Seller.
By: -- —
Name:
Title:
Date:
F.aseraeok# I'trrr, hale Agreement 13CR0A Parcel ] 14 & 2 t3 s'a
616
Exhibit C
TBE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS §
That Joe Crowder and Rosario Crowder, 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" and Exhibit "B", attached hereto
and incorporated herein and made a part of for all purposes (Parcel 125 & 2131.
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, but all trees and parts thereof that do not
endanger or interfere with the efficiency of said lines or their appurtenances shall remain.
Notwithstanding the aforementioned, Grantor's access to their property via the driveway as
currently located and shown in Exhibit "C", shall not be impeded by the use or placement of any
permanent structures, such as concrete pedestals, poles, guy wires and or anchors.
Grantor shall be responsible for mowing the easement.
To the extent allowed by law, Grantee shall indemnify Grantor from and against, any damages
when any such damages are caused directly or indirectly by Grantee's activities or those of its
contractors or agents in corl1unction with construction, maintenance, or monitoring of Grantees
facilities located in the easement property and right-of-way.
Grantor warrants that Grantor is the owner of said property and has the right to execute this
easement and that said property is free and clear of all encumbrances and liens.
BCRUA PH 2. Parcel 125 213
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 casement and rights unto Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof.
WITNESS my hand this day of , 20.
GRANTOR:
JOE CROWDER
ROSARIO CROWDER
13CRUA PH 2, Parcel 125_213
THE STATE OF TEXAS
1 1��_tl_ 1
BEFORE ME, the undersigned authority, on this day personally appeared , OE
CROWDER described 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
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared ROSARIO
CROWDER described 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
)pease 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
BCRUA PH 2, P&=1 125 213
l;xhibit A
HCRUA 213
JOE CROWDER AND ROSARIO CROWDER
Waller Partners
engineers * surveyors
804 Lot Chas Pkwy., Suite 150
AUslin, Texas 78746
TWENTY FOOT WIDE 0.061 ACRE
ELECTRIC EASEMENT
LOCATED IN THE SAMUEL HAYFORD SURVEY, ABSTRACT 2246
IN TRAVIS COUNTY, TEXAS
FIELD NOTES FOR A 20 FOOT WIDE (0.061 ACRE) STRIP OF LAND LOCATED I N SAMUEL HAYFORD SURVEY, ABSTRACT
2246, IN TRAMS COUNTY, TEXAS, BEING A PORTION OF LOT 220 OF RE -SUBDIVISION NO.3 OF THE ORIGINAL BLOCK 1,
OF THE TRAILS END, LAKE TRAVIS SUBDIVISION, RECORDED IN VOLUME 12, PAGE 59 OF THE PLAT RECORDS OF TRAVIS
COUNTY, TEXAS AND CONVEYED TO JOE CROWDER AND ROSARIO CROWDER, BY DEED RECORDED UNDER TRAVIS
COUNTY CLERK'S DOCUMENT 2001156305 OF THE OFFICIAL PUBLIC RECORDS OF TRAMS COUNTY, TEXAS. SAID 0.061
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 NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, IN THE EAST RIGHT OF
WAY LINE OF TRAILS END ROAD MY WIDE RIGHT OF WAY) AND THE WEST LINE OF SAID LOT 220, FROM WHICH A 1I2'
IRON ROD FOUND MARKING THE NORTHWEST CORNER OF SAID LOT 220 BEARS N 36*0510* E- 35.57';
THENCE B 57.41'32" E- I71.09' THROUGH THE INTERIOR OF SAID LOT 220 TO A POINT AT THE NORTHEAST CORNER OF
THE HEREIN DESCRIBED EASEMEM, FROM WHICH THE SOUTHEAST CORNER OF SAID LOT 220 BEARS S 71-S9'41' E -
25.18' AND FROM THE SOUTHEAST CORNER OF SAID LOT 220. A 1r2" IRON PIPE FOUND MARKING THE SOUTHWEST
CORNER OF LOT 15.OF RED WAGON RANCHETTES, SECTION 2, RECORDED IN VOLUME 13, PAGE 54 OF SAID PLAT
RECORDS BEARS S 08421'50 W -17.W;
THENCE N 71'69 41" W - 80.88' WITH THE COMMON LINE BETWEEN LOT 220 AND LOT 221 OF SAID RE -SUBDIVISION TO A
POINT AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM A If? IRON ROD FOUND MARKING
THE SOUTHWEST CORNER OF SAID LOT 220 BEARS N 71659'41' W - 98.67';
THENCE N 67'41'32" W- 93.96' THROUGH THE INTERIOR OF SAID LOT 220, TO A POINT IN THE EAST RIGHT OF WAY LINE
OF TRAILS END ROAD AND THE WEST LINE OF SAID LOT 220, AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED
EASEMENT;
THENCE N 36'08'IV E- 20.04, WITH THE EAST RIGHT OF WAY LINE OF TRAILS END ROAD AND THE WEST LINE OF SAID
LOT 220, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0,051 ACRE OF LAND. SURVEYED BY WARREN L.
SIMPSON. REGISTERED PROFESSIONAL LAND SURVEYOR, NO.4122 ON JANUARY 17, 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.
l
WARREN L. SIMPSON, R.P.L.S.44122
PROJ NO. 3-00619
PLAT NO. A3-1822
FIELD NOTE NO. 213
MAP CHECKED: 0424Q020
www.WalkerPodners.com
r6PE R6QIW011on No.8M I TBPLS Registration No. 10194311
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JOE CROWDER AND ROSARIO CROWDER
OIF41ers * surveyors
ON Las Cimas I"., Suite 150
AVslin, Texas 78746
TWENTY FOOT WIDE 0.032 ACRE
ELECTRIC EASffi►IENT
LOCATED IN THE SAMUEL HAYFORD SURVEY, ABSTRACT 2246
IN TRAVIS COUNTY, TEXAS
FIELD NOTES FOR A 20 FOOT WIDE (0.032 ACRE) STRIP OF LAND LOCATED IN SAMUEL HAYFORD SURVEY, ABSTRACT
2246, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF LOT 221 OF RE -SUBDIVISION NO.3 OF THE ORIGINAL BLOCK 1,
OF THE TRAILS END, LAKE TRAMS SUBDIVISION, RECORDED IN VOLUME 12, PAGE 59 OF THE PLAT RECORDS OF TRAVIS
COUNTY, TEXAS AND CONVEYED TO JOE CROWDER AND ROSARIO CROWDER, BY DEED RECORDED IN VOLUME 12815,
PAGE 669 OF THE REAL PROPERTY RECORDS OF TRAMS COUNTY, TEXAS. SAID 0.032 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 COMMON LINE
BETWEEN SAID LOT 221 AND LOT 220 OF SAID RESUBDIMSION, FROM WHICH A 112' IRON ROD FOUND MARKING THE
COMMON WESTERLY CORNER OF SAID LOTS 220 AND 221 WARS N 71'5941'W— 98.67';
THENCE 8 71'6941" E — 60.86' WITH THE COMMON LINE BETWEEN! SAID LOTS 220 AND 221 TO A POINT AT THE
NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH THE COMMON EASTERLY CORNER OF
SAI D LOTS 220 AND 221 BEARS S 71.59'41' E 25.18%
THENCE 8 87'41'32" E — 27AV THROUGH THE INTERIOR OF SAID LOT 221E TO A POINT AT THE NORTHEAST CORNIER OF
THE HEREIN DESCRIBED EASEMENT, IN THE COMMON LINE BETWEEN SAID LOT 221 AND A CALLED 81.915 ACRE TRACT
DESCRIBED IN PARCEL 2, INA DEED TO TRAMS COUNTY, RECORDED UNDER TRAVIS COUNTY CLERK'S DOCUMENT
2015027536 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, FROM WHICH THE NORTHEAST CORNER
OF SAID LOT 220 BEARS N 08121'54' E — 88.81' AND FROM THE NORTHEAST CORNER OF SAID LOT 220 A lir IRON ROD
FOUND FOR REFERENCE BEARS N 73'3871' W — 3.21.
THENCE 8 08'21'64" W WITH THE COMMON LINE BETWEEN SAID LOT 221 AND SAID 81.915 ACRE TRACT, ALONG THE
WEST LINE OF LOTS 15 AND 18 OF RED WAGON RANCHETTES, SECTION 2, RECORDED IN VOLUME 13, PAGE 54 OF SAID
PLAT RECORDS, PASSING AT 10.19' A 112" IRON PIPE FOUND MARKING THE COMMON CORNER OF SAID LOTS 15 AND 16,
A TOTAL DISTANCE OF 21.88' TO A POINT AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT;
THENCE N 67.4l'32" W--114A9', THROUGH THE INTERIOR OF SAID LOT 221, RETURNING TO THE POINT OF BEGINNING
AND CONTAINING 0.032 ACRE OF LAND. SURVEYED BY WARREN L. SIMPSON, REGISTERED PROFESSIONAL LAND
SURVEYOR, NO, 4122 ON JANUARY 17, 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.
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20 FOOT WIDE 10.032 ACRE) ELECTRIC EASEMENT LOCATED IN THE SAMUEL HAYFORD TRAVIS COUNTY, TEXAS l_
SURVEY. ABSTRACT 2244, IN TRANS COUNTY, TEXAS.
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SURVEYED. JANUARY 17 2020 COUNTY, TEXAS AND CONVEYED TO JOE CROWDER AND
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COUNTY CLERK'S DOCUMENT 2001156WS OF THE OFFICIAL
20 FOOT WIDE (6.661 ACRE) ELECTRIC EASEMENT LOCATED IN THE SAMUEL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS
HAYFORD SURVEY, ABSTRACT 2246, IN TRANS COUNTY, TEXAS.
THE SURVEYOR DID NOT ABSTRACT -HE SUBJECT TRACT TWS SURVEY WAS
PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT THEREFORE THE
SURVEYOR CERTIFIES THAT EASEMENTS THAT HE HAS BEEN ADVISE30F
HAVE BEEN ADDRESSED HEREON HOWEVER THE SURVEYOR DOES NOT
GUARANIEE THAT ALL EASEMENTS. RESTRICTIONSCR ENCUMBRANCES
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TRACT ARE SHOWN HEREON
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ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS IXSTANCES WARREN L SIMPSON. P L S 4122
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City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider execution of an Easement Purchase Agreement with Joe & Rosario
Crowder for acquisition of a 0.093 acre electric utility easement required for the
BCRUA Phase 2 Raw Water Delivery Project (Parcel 125/213).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/1/2021
Dept Director: Michael Thane, Utilities and Environmental Services Director
Cost: $11,000.00
Indexes: Regional Water Fund
Attachments: CROWD ER(125-213)--electric easement purchase agreement ($11K),
CROWD ER(125-213)--property location exhibits
Department: Utilities & Environmental Services
Text of Legislative File CM-2021-250
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 Joe and Rosario Crowder for the acquisition of 0.093 acre along
their property.
The negotiated purchase price for this easement is $11,000 and has been approved by the BCRUA
Operations Committee.
Cost: $11,000
Source of Funds: Regional Water Fund
City of Round Rock page 1 of I