BCRUA_R-10-09-15-9A RESOLUTION NO. R-10-09-15-9A
WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") desires to
enter into a Purchase Contract with Patricia and Lionel Devine for the permanent and temporary
easement property rights for Parcel 17E (the Devine tract), Now Therefore
BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY
AUTHORITY,
That the Board President is hereby authorized and directed to execute on behalf of the
BCRUA a Purchase Contract with Patricia and Lionel Devine, for the purchase of permanent and
temporary easement property rights for Parcel 17E, a copy of said Contract being attached hereto
as Exhibit"A" and incorporated herein for all purposes.
The Board hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting
was open to the public as required by law at all times during which this Resolution and the
subject matter hereof were discussed, considered and formally acted upon, all as required by the
Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 15th day of September, 2010.
MITC ULLER, esident
Brushy nal Utility Authority
TE T-
t
J Cowman, Se retary
C:\Documents and Settings\rnadams.CORR\Local Settings\Temporary Internet Files\OLK ICD\Res BCRUA-Purchase Contract-w-Devine(Parcel 17E)(00202436).DOC/rmc
BRUSHY CREEK REGIONAL UTILITY AUTHORITY PURCHASE CONTRACT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT WITNESSETH that the undersigned herein called Owner, whether
one or more, for good and valuable consideration, the receipt of which is hereby acknowledged,
agree to grant a Water Line Easement with a temporary construction easement to Brushy Creek
Regional Utility Authority, Inc. herein called BCRUA, a Texas public non-profit corporation,
situated in Williamson County, State of Texas, or its assigns, and the BCRUA agrees to acquire
the permanent and temporary easement property rights for the consideration and subject to the
terms herein stated, upon the following described real property, to-wit:
Water Line Easement parcel: All that certain tract, piece or parcel of land, lying
and being situated in the County of Williamson, State of Texas, described in
EXHIBIT "A" attached hereto and made apart hereof for all purposes, to which
reference is hereby made for a more particular description of said property.
Temporary construction easements: All those certain tracts, pieces or parcels of
land, lying and being situated in the County of Williamson, State of Texas,
described on Page 3 of 4 of EXHIBIT "A" attached hereto and made apart
hereof for all purposes, to which reference is hereby made for a more particular
description of said property.
TOTAL PRICE: $180,000.00 shall be paid by BCRUA for the Water Line Easement Parcel and
Temporary Construction Easements and for which no lien, or encumbrance expressed or
implied, is retained.
Owner agrees to convey to the BCRUA permanent easement property rights and
temporary easement property rights to the above-described property for the consideration
herein stated, or whatever interest therein found to be owned by the Owner for a proportionate
part of the above consideration.
Owner at closing shall deliver to BCRUA a duly executed and acknowledged Water Line
Easement with a temporary construction easement in the form and substance as the attached
instrument shown as EXHIBIT "B".
Owner and BCRUA will finalize the transaction by closing on or before sixty (60) days
after BCRUA is tendered an original release or subordination of any liens, which date is
hereinafter referred to as the closing date. This date may be extended upon agreement by the
Owner and BCRUA. Should the closing documents not be ready or any other incident which
reasonably delays the closing, the parties shall close at the first available date for closing.
Owner hereby agrees to comply with the terms of this contract and agrees that the
Water Line Easement with a temporary construction easement to the above-described property
shall be effective at the time of closing.
BCRUA agrees to prepare the Water Line Easement with a temporary construction
easement for the above-described property at no expense to the Owner and to pay the costs of
title insurance and any closing costs.
BCRUA agrees to pay to Owner, upon delivery of the properly executed Water Line
Easement with a temporary construction easement instrument, the above-stated amount or the
proportionate part of that price for whatever interest owner may have. The validity of this
contract is contingent upon BCRUA Management approval.
This agreement supersedes any and all other agreements, either oral or in writing,
between the Owner and BCRUA hereto with respect to said matter.
Pursuant to Tex. Prop. Code Sec. 21.023, BCRUA hereby advises, and Owner hereby
acknowledges he or she has been advised, of the following: if Owner's property is acquired
through eminent domain, (1) Owner or Owner's heirs, successors, or assigns are entitled to
repurchase the property if the public use for which the property was acquired through eminent
domain is canceled before the 10th anniversary of the date of acquisition; and (2) the repurchase
price shall be the fair market value of the property at the time the public use was canceled.
Owner and BCRUA agree that said permanent easement property rights and temporary
easement property rights are being conveyed to Brushy Creek Regional Utility Authority, Inc.
under the imminence of condemnation, as that term is used in the United States Internal
Revenue Code.
TO BE EFFECTIVE ON THE LAST DATE INDICATED BELOW:
BUYER: BRUSHY CREEK REGIONAL
UTILITY AUTHORITY, INC.
a Texas public non-profit
corporation
Date: By:
Chris Lippe, General Manager
SELLERS:
Date: By:
Lionel D. Devine
Social Security.#:
Date: By:
Patricia H. Devine
Social Security.#:
Project: BCRUA Regional Water System Transmission Segment 2C
Parcel No.: 17E
WCAD Tax ID: R031460 j
JOINDER BY TENANT
The undersigned owner of certain leasehold interests in the property described in the
attached EXHIBIT "A" consents to the conveyance of said property to Brushy Creek
Regional Utility Authority, Inc. as set out in the foregoing contract.
EXECUTED THIS day of , 2010.
Print Leaseholder's Name
By:
(Signature)
Print Name:
Address:
Phone No.: �)
If there are no leasehold interests, written or verbal, please sign here.
Seller Date
FINAL EXECUTED
DOCUMENTATION
TO BE PROVIDED
AFTER THE CLOSING DATE
BY DIANA TINKLER