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
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SELLER:
BUYER:
Reyna Gonzalez and Jose Gonzalez
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Date:
BYT jo onzak
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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)
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FIELD NOTE NO. 141
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MAP CHECKED: 08/23/2021
www.WalkerPartners.com
TBPE Registration No. 8053 TBPLS Registration No. 10194317
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DocuSipn Envelope ID: 9A142ECC-17CC-484&8DC7-838FFBC2843C ~RUA 141
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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
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REYNA GONZALEZ AND
JOSE GONZALES
CALLED 4.998 ACRES
T.C.C.D 2019087415
O.P.R.T.C.T.
RODRIGOS VALDEZ
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CALLED 5.109 ACRES
KIMBERLY BERRIOCHOA AND
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DOSE L. GARCA MACAti
0.082ACRE
O.P R T.C.T
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AS WIFE AHD HUSBAN i
ELECTRICEA8MEAfT N CALLED79NACRES
T,C,C D 2020159392
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T.71r Tti 89.18' 1 N 24-25 29"E-188.60' 8.81'
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RIGHT OF WAY LINE [
TRAILS END ROAD i•Dx-W AID
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•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
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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
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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