CM-2022-082 - 4/1/2022
PENDING SIGNATURE FROM
OTHER PARTY
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; Mar
+�F_Cameron and Claud G. Cameron. Wife and Husband
Address: 23552 Nameless Rd,Leander, TX 78641, Travis County
Phone: (512) 267-1210
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 0.417 acre, more or less, out of the
Jose Antonio Ybarbo Survey,Abstract 840, 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: Kristi Dobrinski Address: 305 Denali Pass Drive,
Suite A
Cedar Park, Texas 78613
Phone: (512) 337-0300 Fax:(512) 853-5810
E-mail: Kristi.Dobrinski(�i,TexasNationalTitle.com
Purchase Price:
$20,000.00 (TWENTY THOUSAND DOLLARS and 001100)
County for Performance: Travis County, Texas
&M-- Z 0Z72—O f 0--
Easement Purchase Agreement — BCRUA Parcel 097 p1ge 116
A. Closing Documents
A.I. 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.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.Ld. Possession. Seller will deliver possession of the Property Interests to Buyer, subject
to the Permitted Title Exceptions existing at Closing.
Easement Purchase Agreement — 9CRUA Parcel 097 Page 2a5
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,
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 Seiler 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. Speck 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.
E5. 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.
Easement Purchase Agreement — BCRUA Parcel 097 PE� gf 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 Seiler, 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.
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.
F.7. 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 — BCRUA Parcel 097 P a g e 4 1 G
SELLER: Mary F. Cameron and Claud G. Cameron
By: Mary F. C eron
Date:
By: Claud G. Cameron
Date:
BUYER: City of Round Rock, a Texas home rale city
A!;Ol
By: Tale{
/-/-Z7�- ara—
Date:
Easement Purchase Agreement — BCRUA Parcel 097 Page 56
Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA)
By: Karen Bondy, General 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 097 Page 616
ELECTRIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS §
That Mary F. Cameron and Claud G. Cameron, 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 Williamson County, Texas, to-wit:
All of that certain 0.417 acre (18,154.52 square foot) tract in the Jose Antonio Ybarbo 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 G r C �, , 20_L
[signature page follows]
Parcel 97(Cameron)
1
GRANTOR:
By: ary F. gfimeron By: Claud G. Cameron
,3 -/ - Is MAV-
Date: Date:
THE STATE OF TEXAS
COUNTY OF_ r ✓}#�x...
BEFORE ME, the undersigned authority, on this day personally appeared /Par,. CA��v�
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 19 qday of
&.c + ,20 A t`-.
VALERIE B EPISCOPO
* * Notary PublicState of Texas
GV comm.Ex;9rm 0822-2022
of
Notaryll) 13169253-2 Notary Public in and for
The State of Texas
THE STATE OF TEXAS
COUNTY OF r
BEFORE ME, the undersigned authority, on this day personally appeared C sr� C ihrro
known to me to be the person whose nate 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 l 1 rday of
20
VALERIE B EPISC0P0 Notary Public in and for
* } Notary Public,state of Texas The State of Texas
W Comm.EKOr"0&22-2022
Notary to 13169253.2
Please Return to:
Cobb, Fendley& Associates, Inc. /Right of Way Department
505 E. Huntland Drive, Suite 100
Austin, TX 78752
Parcel 97 (Cameron)
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City of Round Rock
IROUND RACK
XA5Agenda Item Summary
Agenda Number:
Title: Consider execution of an Electric Utility Easement Agreement with Mary F.
Cameron and Claud G.Cameron for 0.417 acre required for construction of
BCRUA Ph.2 Raw Water Delivery facilities.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/1/2022
Dept Director: Michael Thane,Utilities and Environmental Services Director
Cost: $24,000.00
Indexes: Regional Water Fund
Attachments: CAMERON(97)--easement purchase agreement signed by owners,CAMERON(97)
--Property Exhibit for Condemnation Resolution
Department: Utilities&Environmental Services
Text of Legislative File CM-2022-082
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 Mary F.Cameron and Claud G.Cameron for the acquisition of
0.417 acre along their property.
The negotiated purchase price for this easement is$20,000 and has been approved by the BCRUA
Operations Committee. Round Rock's portion of this amount is 28.19%which equates to$5,638.
Cost:$20,000
Source of Funds:Regional Water Fund
City of Round Rock Page I of I