BCRUA_R-10-09-15-9B RESOLUTION NO. R-10-09-15-911
WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") desires to
enter into a Purchase Contract with Lansford Family Limited Partnership for the permanent and
temporary easement property rights for Parcel 18E (the Lansford 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 Lansford Family Limited Partnership, for the purchase of
permanent and temporary easement property rights for Parcel 18E, 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.
MITCI(FULtYk, President
Brushy ei al Utility Authority
ES
J Cowman, Secretary
C:\Documents and Settings\madams.CORR\Local Settings\Temporary Internet Fi1es\0LKICD\Res BCRUA-Purchase Contract-w-Lansford(Parcel 18E)(00202421).DOC/mc
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 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 those certain tracts, pieces or parcels of land,
lying and being situated in the County of Williamson, State of Texas, described in
EXHIBITS "A" and "B" 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 easement: 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 EXHIBITS "A" and "B", respectively 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: $155,000.00 shall be paid by BCRUA for the Water Line Easement Parcel and
Temporary Construction Easement and for which no lien, or encumbrance expressed or implied,
is retained.
Owner agrees to convey to 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 "C".
Owner and BCRUA will finalize the transaction by closing on or before sixty (60) days
after the Authority 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 the 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:
Lansford Family Limited Partnership,
a Texas limited partnership
Date: By:
Daniel Clark Lansford
Title: General Partner
Tax I.D.#:
Project: BCRUA Regional Water System Transmission Segment 2C
Parcel No.: 18E Parts 1 and 2
WCAD Tax ID: R031431, R310740, R344428, R031432
JOINDER BY TENANT
The undersigned owner of certain leasehold interests in the property described in the
attached EXHIBITS "A" and "B" 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
WATER LINE EASEMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
DATE: ,2010
GRANTOR(S): Lansford Family Limited Partnership,a Texas Limited Partnership
GRANTOR'S MAILING ADDRESS:
100 East Old C.R. 180,Leander,Texas 78641
GRANTEE: Brushy Creek Regional Utility Authority,Inc.,a Texas non-profit corporation
GRANTEE'S MAILING ADDRESS:
121 E.Main Street,Round Rock,Texas 78664
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged.
PERMANENT EASEMENT PROPERTY: Two tracts of land, both being located in Williamson County,
Texas, one being 0.163 acres, more or less, and being more particularly by metes and bounds and sketch in
the attached Exhibit"A", which is hereby incorporated herein and made a part hereof for all purposes; and
the second tract of land being 0.280 acres, more or less, and being more particularly by metes and bounds
and sketch in the attached Exhibit"B", which is hereby incorporated herein and made a part hereof for all
purposes,with both tracts being referred to collectively herein as the"Permanent Easement Property."
TEMPORARY CONSTRUCTION EASEMENT PROPERTY: Three separate tracts of land, all
abutting the Permanent Easement Property, as follows: (a) that certain 0.264 acre tract of land abutting the
Permanent Easement Property to the north and described graphically as "Proposed Temporary Construction
Easement (0.264 ac. — 11,501 sq. ft.)" on Page 3 of Exhibit "A;" (b) that certain irregularly-shaped parcel
containing 0.075 acres of land, more or less, and being described graphically as "Proposed Temporary
Construction Easement(0.075 ac. —3,263 sq. ft.)"on Page 3 of Exhibit"A;" and(c)that certain 0.313 acre
tract of land also abutting the Permanent Easement Property to the north and described graphically as
"Proposed Temporary Construction Easement(0.313 ac.— 13,629 sq. ft.)"on Page 3 of Exhibit`B,"with all
three tracts being referred to collectively herein as the"Temporary Construction Easement."
PROJECT: Water line mains and all necessary or desirable appurtenances thereto including, without
limitations,valves,meters,cleanouts and manholes.
GRANTOR, for the above consideration, hereby grants, sells, and conveys to GRANTEE, its
successors and assigns, a water line easement upon, under and across the PERMANENT EASEMENT
PROPERTY, together with all and singular the rights and appurtenances thereto in anywise belonging, to
have and hold to GRANTEE and GRANTEE'S successors and assigns forever.The easement shall be used
for the purposes of excavating for, laying, constructing, operating, maintaining, replacing, upgrading and
repairing of water lines, water transmission mains and related appurtenances upon and across the property of
GRANTOR. GRANTEE shall have the right of ingress and egress at all times upon and across the
PERMANENT EASEMENT PROPERTY for the above-stated purposes. GRANTOR agrees that
GRANTOR shall not place any structure in or on the PERMANENT EASEMENT PROPERTY without
written approval of GRANTEE.
In addition, GRANTOR hereby grants and conveys a temporary construction easement to
GRANTEE over the TEMPORARY CONSTRUCTION EASEMENT PROPERTY. GRANTEE shall
use the temporary construction easement herein granted for purposes of access to and from the
PERMANENT EASEMENT PROPERTY,and for storage of materials and equipment,and shall not cross
any other adjoining property of GRANTOR without the prior written consent of GRANTOR This
temporary construction easement will terminate and be of no further force or effect upon completion of the
PROJECT as evidenced by the project final acceptance by the Brushy Creek Regional Utility Authority and
in no event will the temporary construction easement terminate later than three years from the effective date
of this instrument.
Upon completion of the construction of the PROJECT or any subsequent construction,maintenance
or repair activity within the PERMANENT EASEMENT PROPERTY, GRANTEE shall repair any
damage to the property of GRANTOR, including Grantor's land located under the TEMPORARY
CONSTRUCTION EASEMENT PROPERTY, which may have been occurred during the period of
construction, maintenance or repair, to equal or better than existing condition to the extent reasonably
feasible, and shall fill all trenches, remove all rock, construction spoils and construction debris, replace any
fencing, and restore the surface of the PERMEANENT EASEMENT PROPERTY and TEMPORARY
CONSTRUCTION EASEMENT PROPERTY and Grantor's adjacent property affected, damaged, or
used in the construction, maintenance or repair of the PERMANENT EASEMENT PROPERTY,
including the TEMPORARY CONSTRUCTION EASEMENT PROPERTY, to its condition prior to
commencement of such construction, maintenance or repair to the extent reasonably feasible. All
construction spoils and rock shall be removed from the property of GRANTOR, and no rock, fill, spoils or
other construction debris will be dumped, spread or otherwise left deposited upon any of the GRANTOR'S
property. Grantee agrees that fill material similar to the soil material on Grantor's adjacent property will be
evenly shaped, leveled, and terraced on the PERMANENT EASEMENT PROPERTY and Grantor's
adjacent property (including the TEMPORARY CONSTRUCTION EASEMENT PROPERTY) in such
a manner that such fill material and its placement do not interfere with or interrupt the use of Grantor's
adjacent property.
Grantor reserves for Grantor and Grantor's heirs, successors, and assigns the right to continue to use
and enjoy the PERMANENT EASEMENT PROPERTY for all legally-permitted purposes that do not
interfere with or interrupt the use of the PERMANENT EASEMENT PROPERTY by Grantee. These
uses include parking, driveways, landscaping, signage or other uses, but the construction of permanent
improvements is specifically not allowed.
GRANTEE specifically agrees that, upon completion of construction, a retaining wall structure in
the area of the TEMPORARY CONSTRUCTION EASEMENT that abuts the PERMANENT
EASEMENT along its southern side will be erected between the PERMANENT EASEMENT
PROPERTY and GRANTOR's remaining lands. This structure will be designed by and installed at
GRANTEE'S sole cost, for the purpose of maintaining the existence of any existing gravel pit areas
remaining after GRANTEE's installation of the PROJECT.
The parties acknowledge GRANTOR's use of the property for livestock operations, and
GRANTEE further specifically agrees that the perimeter fencing surrounding GRANTOR's lands shall be
kept closed at all times to the extent reasonably feasible, and that all ingress and egress to and from the
PERMANENT EASEMENT and TEMPORARY CONSTRUCTION EASEMENT shall be over and
through the PERMANENT EASEMENT and TEMPORARY CONSTRUCTION EASEMENT.
This easement agreement contains the entire agreement between the parties relating to the rights
granted and the obligation assumed. Any representation or modification concerning this easement shall be of
no force and effect unless it is in writing, signed by party to be charged. This easement agreement shall bind
and inure to the benefits of the parties,their heirs, legal representatives, successors and assigns, and may not
be assigned without the prior written consent of GRANTOR, its successors or assigns.
TO HAVE AND TO HOLD the above-described easement, together with all and singular the
rights and appurtenances thereto in anywise belonging unto GRANTEE, and GRANTEE's successors and
assigns forever; and GRANTOR does hereby bind itself, its heirs, successors and assigns to WARRANT
AND FOREVER DEFEND all and singular the easement unto GRANTEE, its successor and assigns,
against every person whomsoever lawfully claiming or to claim the same, or any part thereof.
Executed this day of 52010.
GRANTOR:
Lansford Family Limited Partnership,a Texas
Limited Partnership
By: Daniel Clark Lansford
Its: General Partner
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this
day personally appeared Daniel Clark Lansford, in his capacity as general partner of the Lansford Family
Limited Partnership, a Texas Limited Partnership and Grantor herein, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of
2010.
(SEAL)
Notary Public-State of Texas
Upon recording, return to:
Brushy Creek Regional Utility Authority,Inc.
121 E.Main Street
Round Rock,Texas 78664
Project: BCRUA Regional Water System Transmission Segment 2C
Parcel No.: 18E Parts 1 and 2
WCAD Tax ID: R031431,R310740,R344428,R031432
FINAL EXECUTED
DOCUMENTATION
TO BE PROVIDED
AFTER THE CLOSING DATE
BY DIANA TINKLER