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CM-2021-313 - 12/3/2021DocuSign Envelope ID 9A142ECC-17CC-484B-8OC7-838FF6C2843C 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: Reyna Gonzalez and Jose Gonzalez Address: 10701 Onyx Cove Austin, Texas 78750 Travis County Phone: 512-689-0820 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.�t "TexasNationalTitle.com Purchase Price: $ 8,000.00 County for Performance: Travis County, Texas A. Closing Documents Address: 305 Denali Pass Drive, Suite A Cedar Park, Texas 78613 Fax:(512) 853-5810 A.1. At Closing, Seller will deliver the following items: Easement Purchase Agreement — BCRUA Parcei 141 Page 116 L,1A-ZL''Z 1 • _R a DocuSign Envelope ID: 9A142ECC-17CC-4848-8OC7-838FF6C2843C 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; Title Company Documents. The parties will execute and deliver the Closing Documents and any documents required by Title Company. D.l.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. l.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 141 Pdgis 216 DocuSign Envelope ID 9A142ECC-17CC484S-8OC7-838FF8C2843C 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 Sellers 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 141 Page 316 DocuSign Envelope ID 9A142ECC-17CC-484B-80C7-838FF6C2843C 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.1O. 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.H. Binding Effect. This contract binds, benefits and maybe enforced by the parties and their respective heirs, successors, and permitted assigns. Easement Purchase Agreement — BCRUA Parcel 141 Page 416 DocuSign Envelope ID: 9A142ECC-17CC-484B-8dC7-838FFBC2843C w SELLER: BUYER: Reyna Gonzalez and Jose Gonzalez (IZ6 Y: eyna onza z Date: BYT jo onzak Ri V Z Date: City of Round Rock, a 'Texas home rule city By: Title; Easement Purchase Agreement - BCRUA Parcel idl pace516 DocuSign Envelope ID. 9A142ECC-17CC-484B-8OC7-838FF6C2843C Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA) DocuSipned by: t By: Karen Bondy, General Manager 9/29/2021 Date: Title Company acknowledges receipt of a copy of this contract executed by both Buyer and Seller. By: Name: Title: Date: Easement Purchase Agreement — BCRUA Parcel 141 Page 616 DocuSign Envelope ID: 9A142ECC-17CC-484B-8OC7-838FF6C2843C _.CRUA 141 REYNA GONZALEZ AND JOSE GONZALEZ � Walker Partners engineers *surveyors 804 Las Cimas Pkwy., Suite 150 Austin, Texas 78746 0.052 ACRE ELECTRIC EASEMENT LOCATED IN THE SAMUEL HAYFORD SURVEY, ABSTRACT 2246 IN TRAMS COUNTY, TEXAS FIELD NOTES FOR A 0.052 ACRE STRIP OF LAND LOCATED IN SAMUEL HAYFORD SURVEY, ABSTRACT 2246, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 4.998 ACRE TRACT, DESCRIBED IN A DEED TO REYNA GONZALEZ AND JOSE GONZALEZ, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2019087415 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.). SAID 0.052 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 318" IRON ROD FOUND IN THE WEST RIGHT OF WAY LINE OF TRAILS END ROAD (80' RIGHT OF WAY) AS DESCRIBED IN VOLUME 1780, PAGE 441 OF THE DEED RECORDS TRAVIS COUNTY, TEXAS (D.R T.C.T.). MARKING THE SOUTHEAST CORNER OF A CALLED 7.986 ACRE TRACT DESCRIBED IN A DEED TO KIMBERLY BERRIOCHOA AND JOSE L. GARCIA MACIAS, AS WIFE AND HUSBAND, OF RECORD UNDER T.C.C.D. 2020159392 OF SAID O.P RTC T. AND THE NORTHEAST CORNER OF SAID 4.998 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE S 24.40'52" W — 261.31' WITH THE WEST RIGHT OF WAY LINE OF TRAILS END ROAD, ALONG THE EAST LINE OF SAID 4.998 ACRE TRACT, TO A 1/2" IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF SAID 4 998 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT AND THE NORTHEAST CORNER OF A CALLED 5.109 ACRE TRACT DESCRIBED IN A DEED TO RODRIGO S. VALDEZ AND GRACIELA V. VALDEZ, OF RECORD UNDER T.C.C.D. 1999161003 OF SAID O.P.R.T.C.T.; THENCE N 69.58'58" W — 7.79' WITH THE COMMON LINE BETWEEN SAID 4.998 ACRE TRACT AND SAID 5.109 ACRE TRACT, TO A POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE THROUGH THE INTERIOR OF SAID 4.998 ACRE TRACT, THE FOLLOWING THREE CALLS: 1) N 24-12-30" E — 89.18' TO A POINT FOR ANGLE, 2) N 24-25-29" E— 139.50'TOA POINT FOR ANGLE, 3) N 25°10'32" E — 33.62' TO A POINT IN THE COMMON LINE BETWEEN SAID 4.998 ACRE TRACT AND SAID 7.986 ACRE TRACT, AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE S 63.00'35" E — 8.84' WITH THE COMMON LINE BETWEEN SAID 7.986 ACRE TRACT AND SAID 4.998 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.052 ACRE OF LAND. SURVEYED BY WARREN L. SIMPSON. REGISTERED PROFESSIONAL LAND SURVEYOR, NO.4122 ON AUGUST 20, 202. 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. ORIGINALLY RELEASED: JANUARY 29, 2020 REVISED: AUGUST 24, 2021 (REDUCED EASEMENT SIZE) �E OF TF �' �� WARREN L. SIMPSON, R P.L.S. 4122 �� •� ome WARREN L. SIMPSON PROJ NO. 3-00619 PLAT NO. Al-1767 & 9+Ro 4122 : 2O• FIELD NOTE NO. 141 S U R��yoJ MAP CHECKED: 08/23/2021 www.WalkerPartners.com TBPE Registration No. 8053 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-141 - GONZALEZ.docx DocuSipn Envelope ID: 9A142ECC-17CC-484&8DC7-838FFBC2843C ~RUA 141 tXnIDI1 A ++v REYNA GONZALEZ AND JOSE GONZALEZ LEGEND I ) • DEED CALLS D R I C T -DEED RECORDS TRAVIS COUNTY. TEXAS TCCO-TRAVIS COUNTY CLERICS DOCUMENT O.P R.T C T • OFFICIAL PUBLIC RECORDS TRANS COUNTY, TEXAS m -WATERVALVE ® =WAIERMETER Q = WATER MANHOLE =UTILITY POLE +— • GUY WIRE —E— =OVERHEAD ELECTRIC LINE —X— =4'HOGWIRE FENCE T =TELECOMMUNICATION SIGN = ELECTRIC EASEMENT AREA -J'AimJAL �+lrIPSM) 449191, AA J i3Jll�:J J 2:2-4J/ -IIIA At SM1,311, IAIA-J REYNA GONZALEZ AND JOSE GONZALES CALLED 4.998 ACRES T.C.C.D 2019087415 O.P.R.T.C.T. RODRIGOS VALDEZ AND GRACIELA V VALDEZ W CALLED 5.109 ACRES KIMBERLY BERRIOCHOA AND IccD 19991s1DIXS DOSE L. GARCA MACAti 0.082ACRE O.P R T.C.T 5 AS WIFE AHD HUSBAN i ELECTRICEA8MEAfT N CALLED79NACRES T,C,C D 2020159392 OP R_T C.1 TELECOMMNINIGAT ON MANHOLE - N�8gg8.11y - N24 12'80'E 883�Op95�E T.71r Tti 89.18' 1 N 24-25 29"E-188.60' 8.81' aFh- RIGHT OF WAY LINE [ TRAILS END ROAD i•Dx-W AID • il!' IRON ROD FOUNDISOL � •RRICATION 80'WIDERIGHT OFWAY O GRAVEL DRIVE U.IRONIIIF�1Np _ _ f ONTROLWVE VOLUME 1780. PAGE 441, DRT.C.T. FIELD NOTE RIGHT qF WAY TINE 6 ___ ® — — I OF BEGINNING D COORDINATES972269 E306197670 SURVEY:iRS NOTES. SURVEYED. NOVEMBER 20.2019 ORIGINAL RELEASE DATE JANUARY29,2020 REWS ED AUGUST 24, 2021(REDUCED EASEMENT SIZE: FIELD NOTES ATTACHED HERETO, MADEA PART HEREOF AND TITLED: 0A62 ACRE ELECTRIC EASEMENT LOCATED IN THE SAMUELHAYFORD SURVEY, ABSTRACT 2241, IN TRANS COUNTY, TEXAS THE SURVEYOR DID NOTABSTRACT THE SUBJECT TRACT THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT THEREFORE THE SURVEYORCERTIFIES THAT EASEMENTS THAT HE WAS BEEN ADVISEDOF HAVE BEEN ADDRESSED HEREON HOWEVER THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS, RESTRICTIONS OR ENCUMBRANCES (EITHEROF RECORD OR NOT OF RECORD) WHICH MAY AFFECT THE SUBJE::T TRACT ARE SHOWN HEREON THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED IRON THE TEXAS STATE PLANE COORDINATE SYSTEM HAD 03. CENIRAL ZONE ACQUIRED FROM GLOBAL POSITION>IVG SYSTEM OBSERVATIONS. DISTANCES SHOWN HEREON ARE SURFACE VALUES, OBTAINED WITHANAPPVED SCALE FACTOR OF 100013 (GRID VALUE x SCALE FACTOR . SURFACE VALUE) EXHIBIT OF A O.OS2 ELECTRIC EASEMENT LOCATED IN THE SAMUEL HAYFORD SURVEY, ABSTRACT 2246, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 4.998 ACRE TRACT, DESCRIBED IN A DEED TO REYNA GONZALEZ AND LOSE GONZALEZ, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT NUMBER 2019087415, OF THE OFFICIAL PUBLIC RECORD OF TRAVIS COUNTY, TEXAS W L .17 (O', fOI'YAIGIII'ALL ELI(;F TI�Ik hSINVIll 1ampaa@w2&erparVlers opm � Walker Partners engineers *surveyors BW Lu CW.. P4wy &u ISO- A..T— 9746 Ph— 1-512.7624W 10 I R P E R.,*. o No W S) I SP - 5 nv P.t lb 10194317 II jtl I;NI EMI ccR,XPIn(: srf\u: IN n;1-r 1111\l NOn1.I7(,7 PRO) NO. 31KY,19 u1LArrlin UI T,ll1 I'.XI I E "N ND. NI 1 R K; 3 197G llRANX-N RY D\X'G NANH: 3-00619ESMT-PARCEL AIAIICEIK'I) 141 - GONZALEZ.DWG DocuSign Envelope ID: OA142ECC-17CC-484B-8OC7-838FF6C2843C EXHIBIT `B " ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS § That Reyna Gonzalez and Jose Gonzalez, 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 141). 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 DocuSign Envelope ID: 9A142ECC-17CC4848-$OC7-838FF6C2843C Reyna Gonzalez Jose Gonzalez THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Reyna Gonzalez, 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 DocuSign Envelope ID• 9A142ECC-17CC-484B-80C7-838FF6C2843C Exhibit B THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Jose Gonzalez, 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 � w . � � + . .� Uhl �» � c . ■ ■� Electric % �� . � � &�\ �A� \� ■ , � � � � ƒ&� • �.. � :2 - , - ■ ��� . � , UOS u�0f . ��� _ G low 44.. ww LL �z L w - d' 0 Z ~ z Z U) co0 Qv,�r pp ''-'aLLJ LU ._I _j L) Z w Z �Z oo C'ar. CU z J w Ww� O C7 06�L LLJ o a z cj LU C) �~ 0 -40 0 w LU w 4 0 w -i O ¢ cY7 W Oui r o N W w O U X W w 2 O a rT7 J LL u? w Q z_ 11 w U) 00 � rJLLI 0 W ww IL w z0 w � 0 0 �D� V1 q X OD 0. J OfCV zF-a, OV? �tYO a = U o0 w w z LLJ J m— U) CD a p z C� m w i- w 3 0 w D Q r X w ly a W a a w _j Ln z w w w a 1' a� ✓ w z u� z w U 0 -J W < N U! x n f- Li �I = City of Round Rock ROUND ROCK rEXAS Agenda Item Summary Agenda Number: Title: Consider execution of an Electric Easement Purchase Agreement with Jose and Reyna Gonzalez for a 0.052 acre electric easement parcel required for the BCRUA Phase 2 Raw Water Delivery project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/3/2021 Dept Director: Michael Thane, Utilities and Environmental Services Director Cost: $8,000.00 Indexes: Regional Water Fund Attachments: GONZALEZ(141)--Electric Easement Purchase Agreement signed by owners + Authority, GONZALEZ(141)--Property Exhibit for Condemnation Resolution, Gonzales (141) - Pole Placement Exhibit (9.16.21) Department: Utilities & Environmental Services Text of Legislative File CM-2022-313 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. This Easement Purchase Agreement with Reyna and Jose Gonzalez was originally approved for the acquisition of 0.120 acre along their property and was in an uncontested condemnation suit. Following a value engineering review, the parcel area was reduced to 0.052 acre. The parties have agreed to the original $8,000 price in order to expedite a real estate transaction and closing to assign a recorded easement over to PEC as soon as possible to coordinate with construction scheduling. Round Rock's portion of this amount is 28.19% which equates to $2,255.20. Cost: $8,000 Source of Funds: Regional Water Fund City of Round Rock Page 1