CM-2023-126 - 6/9/2023DocuSign Envelope ID: A2134FB3-ECBD-4D43-83ED-EB3499C7A386
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: John M. Lane and Charlee D. Lane, Husband and Wife
Address: 23644 Nameless Rd., Leander TX 78641 Travis Count
Phone: 512-712-4794
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: Alicia Wehr
Phone: (512) 695-5146
E-mail: aIicia.wehrritTexasNationaITit] c.corn
Purchase Price:
$ 20,552.07
County for Performance: Travis County, Texas
A. Closing Documents
Address: 12515 Research Blvd.,
Building 7, Suite 130
Austin, Texas 78759
Fax:(512) 853-5810
A.1. At Closing, Seller will deliver the following items:
Electric Utility Easement in the same form and substance as the attached
Exhibit "B".
Easement Purchase Agreement — BCRUA Parcel*093 Page. 116
DocuSign Envelope ID: A2134FB3-ECBD-4D43-83ED-EB3499C7A386
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
Exhibit C Electric Pole Location
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 for the purpose of
installing, constructing, reconstructing, inspecting, patrolling, hanging new wire on, maintaining
moving, and removing two poles, along with any necessary and desirable appurtenances attached
thereto, as shown in Exhibit C, attached hereto. The promises by Buyer 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.l.a. 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 oJ' 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.l.c. Disbursement oJ'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 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
Easement Purchase Agreement — BCRUA Parcel 093 Page 216
DocuSign Envelope ID: A2134FB3-ECBD-4D43-83ED-EB3499C7A386
D.2.a. Buver'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.h. Seller'.~ Costs. Seller will pay any costs expressly required to be paid by Seller in
this contract, including Seller's attorney's fees and expenses.
A3. Brokers' Commissions. No Broker's commissions or fees will be paid as a part of this
transaction and Closing.
D.4. Issuance of Title Policv. 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 Peifor-mance. 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. Sellers Defirult; 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.
E.5
F. Miscellaneous Provisions
Easement Purchase Agreement — BCRUA Parcel 093 Page3f6
DocuSign Envelope ID: A2134FB3-ECBD-4D43-83ED-EB3499C7A386
F.1. Notices. Any notice required by or permitted under this contract must be in writing.
F.2. Enure 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.
F3. Amendment. This contract may be amended only by a signed, written agreement.
F4. Assignment. Buyer may assign this contract and Buyer's rights under it.
F5. 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 of Travis.
F. 7.
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.
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 may be enforced by the parties and their
respective heirs, successors, and permitted assigns.
Easement Purchase Agreement -- BCRUA Parcel 093 Page 416
DocuSign Envelope ID: A2134FB3-ECBD-4D43-83ED-ES3499C7A386
SELLER: John M. Lane and Charlee D. Lane, Husband and Wife
BUYER:
DocuSlgned by.
-i6L, W e""
By: John M. Lane
10/1/2022
Date:
Docuftned by
e
By: ar ee . Lane
9/29/2022
Date:
City of Round Rock, a Texas home rule city
Attorney
Title:
Law Firm Administration
Title:
1---) -
Ljt7 A04- J
By: Title:
�� 1 I aO';3
Date:
Easement Purchase Agreement — BCRUA Parcel"099 Page 516
DocuSign Envelope ID A2134FB3-ECBD-4043-83ED-EB3499C7A386
Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA)
y- D�ocuSignad by.
By: Karen Bondy, General Manager
10/3/2022
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 093 Page 6I6
DocuSign Envelope ID: A2134FB3-ECBD-4D43-83ED-EB349gC7A386
EXHIBIT "B "
ELECTRIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS §
That , 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 hereinafter described for the purpose of an electric distribution line consisting of
variable number 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 land located in Travis County, Texas, (the poles
shall be installed in the two locations as shown on Exhibit C attached hereto and incorporated
herein for all purposes) to -wit:
All of that certain acre square foot) tract in the
Survey, Abstract No. County, Texas; being more fully described
metes and bounds in Exhibit "A", attached hereto and incorporated herein (Parcel 1
by
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_ A2134FB3-ECBD-4D43-83ED-EB3499C7A386
Exhibit B
GRANTOR:
(Printed Corporate or Business Name)
M.
Its:
(4igneLurc)
THE STATE OF TEXAS
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. i Right of Way Department
505 E. Huntland Drive, Suite 100
Austin, TX 78752
DocuSign Envelope ID: A2134FB3-ECBD-4D43-83ED-EB3499C7A386 ,RUA 093
L/X I I I Ia.J I I I% u �-+
JOHN M. LANE AND CHARLEE D. LANE
Walker Partners
engineers * surveyors
600 Austin Ave., Suite 20
Waco, Texas 76701
20 FOOT WIDE (0.115 ACRE)
ELECTRIC EASEMENT
LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, ABSTRACT 840
TRAVIS COUNTY, TEXAS
FIELD NOTES FOR A 20 FOOT WIDE (0.115 ACRE) STRIP OF LAND LOCATED IN THE JOSE ANTONIO YBARBO SURVEY,
ABSTRACT 840 IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 4.644 ACRE TRACT DESCRIBED IN A DEED
TO JOHN M. LANE AND CHARLEE D. LANE, OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT (T,C.C.D,)
2020080314 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O P.R.T.C.T.). SAID 0,115 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 1f2" IRON ROD FOUND IN THE SOUTHWEST MARGIN OF NAMELESS ROAD, MARKING THE EAST
CORNER OF SAID 4.644 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, BEING THE NORTH CORNER OF A 4.171
ACRE TRACT DESCRIBED IN A DEED TO KIRBY FRANKS AND WIFE BILLIE DELL FRANKS, OF RECORD IN VOLUME 9260,
PAGE 708 OF THE SAID O.P.R.T.0 T.;
THENCE S 26°39'56" W— 20.17' WITH THE COMMON LINE OF SAID 4.644 ACRE TRACT AND SAID 4.171 ACRE TRACT, TO A
POINT FOR THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT. FROM WHICH A 1/2" IRON ROD FOUND AT THE
SOUTH CORNER OF SAID 4.644 ACRE TRACT BEARS S 26'39'56" W — 691.24';
THENCE N 55"50'32" W — 2.42' AND N 57°04'06" W — 248.33' THROUGH THE INTERIOR OF SAID 4.644 ACRE TRACT, TO A
POINT FOR THE WEST CORNER OF THE HEREIN DESCRIBED EASEMENT. FROM WHICH A 1/2" IRON ROD FOUND AT THE
WEST CORNER OF SAID 4.644 ACRE TRACT BEARS S 31.35'33' W— 716.09';
THENCE N 31.35'33" E — 20.01' WITH THE COMMON LINE OF SAID 4.644 ACRE TRACT AND A CALLED 6164 ACRE TRACT
DESCRIBED AS TRACT 2, IN A DEED TO GEORGE WALTER HENDERSON, OF RECORD IN T.C.C.D. 2017045005 OF THE SAID
O P.R.T.C.T., TO A VT IRON ROD FOUND AT THE NORTH CORNER OF SAID 4.644 ACRE TRACT AND THE HEREIN
DESCRIBED EASEMENT;
THENCE S 57"04'06" E — 249.01' ALONG THE SOUTHWEST MARGIN OF NAMELESS ROAD, WITH THE NORTHEAST LINE OF
SAID 4,644 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0 115 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: JULY 18, 2017
RELEASED: DECEMBER 20. 2017
REVISED: OCTOBER 27, 2021 — CHANGED OWNERSHIP INFORMATION
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WARREN L. SIMPSON
PLAT NO, Ai-1362
FIELD NOTE NO- 093
MAP CHECKED: 12l05?2017-JBM
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www.WalkerPortners.com
TBPE Registration No. 8053 T8PLS Registration No. 10032500
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D m$ign Envelope 10. A2134FB3-ECBD-4D43.83ED-EB3499C7A366A,%A*TA 093
JOHN M. LANE AND CHARLEE D, LANE
LEGEND
•
= 111' IRON kOO FOUND
(UNLESS OTHERA%E NOTED)
S
=DEEDCALLS
FATCT.
=PLAT RECORDS TRAVIS
COUNTY, TEXAS
T C C D
= TRAVIS COUNTY
CLERKS DOCUMENT
D.P.R.T.C.T
= OFFCIALPUBLIC REOROS
TRAVIS COUNTY TEXAS
.i ag Att7UM YAAW AUVAT
AWAAV "if
DARLENE VOIGT WIRE
•EASEMENT AREA FENC
CALLED 3.0 ACRES
%— -WIRE FENCE T.C.CD 20t$12100t
-0- = UTILITY POLE 0 P.R.T.C.T
—E— =OVERHEAD ELECTRK:LINE
m = TELEPHONE R-SER 7L
GEORGE WALTER HENDERSON
CALLEOO.I64ACRES
TRACT 2
T.C.C.D. 2017015005
O.P.R.T.C.T.
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NAMELESS ROAD
(OCCLJPED VVETTH VARES)
IS 53.54'03' E 249071 -
STONEa L 0.?rsaCRE
EASEMENT
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FIELD NOTE
POINT OF BEGINNING
GRID COORDINATES
LINE TABLE
$
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DIRECTION LENGTH
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20,I7'
GEOROE WALTER HENDERSON
r<
JOHN III LANEANO
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CALLEDB.000ACRES
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T.C.C.D 2020030314
O P.R.T.C.T.
EXHIBIT
OF A 20 FOOT WIDE (0.113 ACRE) ELECTRIC
EASEMENT LOCATED IN THE LOSE ANTONIO
SURVEY ABSTRACT 840 IN TRAVIS COUNTY.
TEXAS, BEING A PORTION OF A CALLED 4,644
ACRE TRACT REFERENCED IN A DEED TO JOHN
M. LANE AND CHARLEE D. LANE, OF RECORD
UNDER TRAVIS COUNTY CLERT S DOCUMENT
2020080314 OF THE OFFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY, TEXAS
SURVEYOR'S NOTES:
SURVEYED. JULY 18. 2017
RELEASE DATE: DECEMBER 20, 2017
REVISED OCTOBER27,2021.CHANGED OWNERSHPINFORMAIION
FIELD NOTES ATTACHED HERETO, MADE A PART HEREOF AND TITLED
20 FOOT WIDE IDA 15 ACRE) ELECTRIC EASEMENT LOCATED INTHE
DOSE ANTONIO SURVEY ABSTRACT $40. TRAVIS COUNTY, TEXAS.
THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT THIS
SURVEY WAS PERFORMED WITHOUT THE BENEF T OF A TITLE REPORT
THEREFORE THE SURVEYOR CERTIFIES THAT EASEMENTS THAT HE
HAS BEEN AWSEO OF HAVE BEEN ADDRESSED HEREON HOWEVER,
THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENT$.
RESTRICTIONS OR ENCUMBRANCES (EITHER OF RECORD OR NOT OF
RECORD) WHICH MAY AFFECT THE SUBJECT TRACT ARE SHOWN
HEREON
THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON
THE TEXAS STATE PLANE COORDWATESYSTEM RAID 63.CENTRAL
ZONE ACQUIRED FROM GLOBAL POSITK-,MNG SYSTEM OBSERVATIONS.
DISTANCES SHOWN HEREON ARE SURFACE VALUES
Q(X )FY1tI€1 H-ALJ. R]GI EIS RI_SI-.RV, {D
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LOT 77
WHITE RIM MOUNTAIN, SECT ON TWO
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engineers * surveyors
BSo A~ A—s. S.nw 20 • Waco. 7e=as 76701
PhOM 1-254-7$4.1402• TI)P.ERegsw u MW53
T 0 P.L S %g-WaW No. 10032500
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RAIL FENCE
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KIRBY FRANKS AND WIFE
BILLIE DELL FRANKS
CALLED 4, t7I ACRES
VOLUME %W. PAGE 708
O.RkT.C.1
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City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing of an Easement Purchase Agreement with John & Charlee
Lane for acquisition of a 0.115 acre electric utility easement required for the
BCRUA Phase 2 Raw Water Delivery Project (Parcel 093).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/9/2023
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost: $20,552.07
Indexes: Regional Water Fund
Attachments: LAF - Electric Easement Purchase Agreement w- Lane; 0.115 acre; Parcel 093,
LANE(093)--electric easement property location exhibits (DC 5.15.23), LANE(093)-
-electric easement purchase agreement (signed by owner + Authority(
Department: Utilities & Environmental Services
Text of Legislative File CM-2023-126
The Brushy Creek Regional Utility Authority will require the construction of -electrical utility improvements
in order to provide the necessary power for the proposed pump station for the deep water intake.
Negotiations have been occurring with property owners for the necessary easements for these
improvements.
This Easement Purchase Agreement with John and Charlee Lane is for the acquisition of Parcel No. 093 (as
shown in the attachment) for a 0.115 acre electric utility easement. This parcel is located along Nameless
Road which will be the route for the new electrical utility improvements. .
The negotiated purchase price for $20,552.07 has been approved by the BCRUA Operations Committee and
the proposal purchase agreement has been recommended for approval by the BCRUA General Manager.
Cost: $20,552.07
Funding Source: Regional Water Fund
City of Round Rock Page i of 1