R-2024-327 - 12/5/2024 RESOLUTION NO. R-2024-327
WHEREAS, the City of Round Rock ("City") desires to purchase a 0.361-acre electric utility
easement required for the Brushy Creek Regional Utility Authority Phase 2 Water Delivery Project;
and
WHEREAS, 18245 FM 1431, LLC and Parks for the Win, LLC, the owners of the Property,
have agreed to sell said Property to the City, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an Easement
Purchase Agreement with 18245 FM 1431, LLC and Parks for the Win, LLC, a copy of said
Agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council 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 5th day of December, 2024.
CRA'Iq MOR N, Mayor
City of Roun ock, Texas
ATTE T:
AN ANKLIN, City Clerk
0112.20242;4870-2377-4205
EXHIBIT
"All
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: 18245 FM 1431, LLC and Parks For The Win, LLC
Address: 13492 RESEARCH BLVD
STE 120-257
AUSTIN TX US 78750-2252 , Travis County
Phone: 512-468-7889
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: Heather Schaefer Address: 589 N. FM 1626,
Suite 202
Buda, Texas 78610
Phone: (512) 337-0925 Fax:(512) 853-5810
E-mail: teamheather(&TexasNationalTitle.com
Purchase Price:
$ 102,252
County for Performance: Travis County, Texas
A. Closing Documents
A.1. At Closing, Seller will deliver the following items:
Easement Purchase Agreement — BCRUA Parcel 203 Page 1 7
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
Exhibit C—Facility Design Plan
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 on or before
November 21, 2024, within ten (10) days following the completion of any title curative matters
required herein, or at other time agreed to between the parties. At Closing, the following will
occur:
D.I.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.l.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.I.d. Possession. Seller will deliver possession of the Property Interests to Buyer, subject
to the Permitted Title Exceptions existing at Closing.
Easement Purchase Agreement — BCRUA Parcel 203 Page 217
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 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 Seller's sole and exclusive remedies for a default by
Buyer.
E.5. 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 203 Page 317
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 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.
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 may be enforced by the parties and their
respective heirs, successors, and permitted assigns.
F.12. Dismissal of Condemnation Suit. Within seven (7) days following the completion of
Closing the parties shall execute and file Agreed Motion and Order to Dismiss documents for the
condemnation suit currently pending under Cause No. C-1-PB-24-002158.
Easement Purchase Agreement — BCRUA Parcel 203 Page 417
F.13. Electric Facility Reconstruction. The existing and proposed electric facilities to be
constructed and/or reconstructed within the Property shall be built in substantial compliance with
the design, plans, notes and specifications as shown in Exhibit"C"attached hereto. Any existing
improvements within the Property that have previously been approved by Pedernales Electric
Cooperative (PEC) shall be allowed to remain in place with the reconstruction of facilities as set
out herein. Future improvements on the Property will otherwise be approved and authorized by
PEC in writing, however, Seller specifically reserves the right to park vehicles, including
recreational vehicles, travel trailers and campers, within the Easement Area Property that do not
interfere with Buyer's or PEC's use and enjoyment of this Easement or violate the National
Electric Safety Code.
[signature page follows]
Easement Purchase Agreement — BCRUA Parcel 203 Page 517
SELLER: 18245 FM 1431,LLC
Name: Title:
Date:
SELLER: PARKS FOR THE WIN,LLC
Name: Title:
Date:
Easement Purchase Agreement — BCRUA Parcel 203 Page 617
BUYER: City of Round Rock, a Texas home rule city
By: Title:
Date:
Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA)
By: Sam Roberts, P.E.,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 203 Page 717
Exhibit A BCRUA 203
18245 FM 1431, LLC AND PARKS FOR THE WIN, LLC
01 Partners
engineers * surveyors
804 Las Cimas Pkwy.,Suite 150
Austin,Texas 78746
TWENTY FOOT WIDE(0.361 ACRE)
ELECTRIC EASEMENT
LOCATED IN THE JOSE ANTONIO YBARBO SURVEY,ABSTRACT 840
IN TRAVIS COUNTY,TEXAS
FIELD NOTES FOR A TWENTY FOOT WIDE(0.361 ACRE)STRIP OF LAND LOCATED IN THE JOSE ANTONIO YBARBO
SURVEY,ABSTRACT 840 IN TRAVIS COUNTY,TEXAS, BEING A PORTION OF A CALLED 6.68 ACRE TRACT, DESCRIBED IN A
DEED TO 18245 FM 1431, LLC,OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT(T.C.C.D.)2018117609 AND
DESCRIBED IN A DEED FOR AN UNDIVIDED ONE-HALF(1/2)INTEREST TO PARKS FOR THE WIN,LLC OF RECORD UNDER
TRAVIS COUNTY CLERK'S DOCUMENT 2020046967 BOTH IN THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS
(O.P.R.T.C.T.). SAID 0.361 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 POINT IN THE EAST RIGHT-OF-WAY LINE OF RANCH TO MARKET HIGHWAY 1431 (100'RIGHT-OF-WAY),
AT THE SOUTHWEST CORNER OF A CALLED 49.2437 ACRE TRACT DESCRIBED IN A DEED TO NELSON N. LEE AND ALICE
K. LEE,OF RECORD IN VOLUME 11095, PAGE 2380 OF THE REAL PROPERY RECORDS OF TRAVIS COUNTY,TEXAS
(R.P.R.T.C.T.),AT THE NORTHWEST CORNER OF SAID 6.68 ACRE TRACT AND OF THE HEREIN DESCRIBED EASEMENT,
FROM WHICH A 1/2"IRON ROD WITH CAP STAMPED"MAPLES 5043"FOUND FOR REFERENCE BEARS S 52°54'27"E-0.35';
THENCE S 52°54'27"E-7 0.65'WITH THE COMMON LINE OF SAID 6.68 ACRE TRACT AND THE 49.2437 ACRE TRACT,TO A
1/2"IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID 6.68 ACRE TRACT AND THE HEREIN DESCRIBED
EASEMENT AND A NORTH CORNER OF A CALLED 42.260 ACRE TRACT DESCRIBED IN A DEED TO CAROLYN DOUGLAS,
OF RECORD IN VOLUME 13347, PAGE 1946 OF SAID R.P.R.T.C.T.;
THENCE S 37°06'35"W-20.00'WITH THE COMMON LINE OF SAID 6.68 ACRE TRACT AND SAID 42.260 ACRE TRACT TO A
POINT AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2"IRON ROD FOUND AT
THE SOUTHEAST CORNER OF SAID 6.68 ACRE TRACT BEARS S 37°06'35"W-405.10';
THENCE N 52°54'27"W-782.56'THROUGH THE INTERIOR OF SAID 6.68 ACRE TRACT, SOUTH OF, PARALLEL TO AND 20'
AT RIGHT ANGLES FROM THE NORTH LINE OF SAID 6.68 ACRE TRACT AND THE SOUTH LINE OF SAID 49.2437 ACRE
TRACT,TO A POINT IN THE EAST RIGHT-OF-WAY LINE OF SAID RANCH TO MARKET HIGHWAY 1431,AT THE SOUTHWEST
CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2"IRON ROD FOUND AT THE SOUTHWEST CORNER
OF SAID 6.68 ACRE TRACT BEARS AN ARC LENGTH OF 190.13',WITH A CURVE TO THE LEFT, HAVING A RADIUS OF
1587.03',A CENTRAL ANGLE OF 6°51'51"AND A CHORD WHICH BEARS S 11'14'40"W-190.02'TO A CONCRETE
MONUMENT FOUND,S 07°31'12"W-98.87'TO A 1/2"IRON ROD WITH CAP STAMPED"MAPLES 5043"FOUND,AND
S 07°14'05"W-170.74';
THENCE AN ARC LENGTH OF 21.57',WITH THE WEST LINE OF SAID 6.68 ACRE TRACT,ALONG THE EAST RIGHT-OF-WAY
LINE OF RANCH TO MARKET HIGHWAY 1431,WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 1587.03',A CENTRAL
ANGLE OF 0°46'44",AND A CHORD WHICH BEARS N 15°03'58"E-21.57', RETURNING TO THE POINT OF BEGINNING AND
CONTAINING 0.361 ACRE OF LAND. SURVEYED BY WARREN L.SIMPSON, REGISTERED PROFESSIONAL LAND
SURVEYOR, NO.4122 ON SEPTEMBER 18,2020. 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
RELEASED: SEPTEMBER 21,2020
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FIELD NOTE NO.203 'LQ•:ESS��.•y�
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G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-203-ELEC.docx
Exhibit A BCRUA 203
18245 FM 1431,LLC AND PARKS FOR THE WIN,LLC
FIELD NOTE POINT
LEGEND MCONCPETE OF ONUMB7T BEGCOORINNING
( ) = DEED CALLS FOUND m N:1015773248'0:3059072.78' U 12'IRON ROD FOUND
HATH CAP STAMPED
T.C.C.D. =TRAVIS COUNTY \ MAPLES5043'BEARS
CLERK'S DOCUMENT '�d\ S52- '27'E 03S
O.P.R.T.C.T. =OFFICIAL PUBLIC RECORDS \`fiR' G1
TRAVIS COUNTY,TEXAS ��� ' *\ TOTAL CURVE
RP.R.T.C.T. =REAL PROPERTY RECORDS "¢, (R=1587.02')
TRAVIS COUNTY,TEXAS 1� CONCRETE (H
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CALLED 6 68 ACRES
T.C.C.D.2018117609
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CAROLYN DOUGLAS AND AN UNDIVIDED h
OONCREON7E FOUND CALLED 42.260 ACRES ONE-HALF(W)INTEREST
MUMENT n
(BROKEM VOLUME 13347,PAGE 1916 TO
O.P.R.T.C.T. PARKS FOR THE WIN,LLC 3 : W
SURVEYOR'S NOTES: T.C.C.D.2020046967 ^ 8
O.P.R.T.C.T. N
SURVEYED:SEPTEMBER 18,2020 ;° ..
ORIGINAL RELEASE DATE:SEPTEMBER 21.2020 h rl
REVISED DATE:FEBRUARY 26,2021(UPDATED TITLE Z
COMMITMENT INFORMATION) LINE TABLE16 —
FIELD NOTES ATTACHED HERETO,MADE A PART fPi LINE DIRECTION ENGTH a
HEREOF AND TITLED: w 3 L-1 S 37'O6'35'W 20.00' CO
TWENTY FOOT WIDE(0.361 ACRE)ELECTRIC EASEMENT " a �`+
LOCATED IN THE JOSE ANTONIO YBARBO SURVEY, a a o
ABSTRACT 640,TRAVIS COUNTY,TEXAS. y i —� <m �- N
YO'10111(0.361 ACRE) a o
THE BEARINGS AND COORDINATES SHOWN HEREON ARE w
ELECTRIC EASEMENT w
BASED UPON THE TEXAS STATE PLANE COORDINATE _ z
SYSTEM.NAD 83,CENTRAL ZONE ACQUIRED FROM o�Jo ^I
GLOBAL POSITIONING SYSTEM OBSERVATIONS. ;�
DISTANCES SHOWN HEREON ARE SURFACE VALUES.
SURFACE VALUE x 0.999870017=GRID VALUE. CURVE TABLE p
CURVE LENGTH I RADIUS DELTAI CHORD Z
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THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. C-1 I 21.5T 1587.03' 0'46'44' N 15'03'58'E-21.5T X
THIS SURVEY WAS PERFORMED WITH THE BENEFIT OF A C-2 1 190.13' 1507.03' 6'51'51'S 11'14'40'W-190.02'
TITLE REPORT PROVIDED BY OLD REPUBLIC NATIONAL
TITLE INSURANCE COMPANY,GF NO.T-115936,WHICH
BEARS AN EFFECTIVE DATE OF FEBRUARY 4,2021.THE p
SURVEYOR CERTIFIES THAT ITEMS 10.1.3 LISTED IN
SCHEDULE'B'OF THE TITLE COMMITMENT AND ANY
ADDITIONAL EASEMENTS THAT HE HAS BEEN ADVISED OF
HAVE BEEN ADDRESSED HEREON.HOWEVER,THE w
SURVEYOR DOES NOT GUARANTEE THAT THE SCHEDULE Z
'B'LISTS ALL EASEMENTS,RESTRICTIONS OR (S 39'2535'W 425.14')
ENCUMBRANCES(EITHER OF RECORD OR NOT OFS 37'06'35'W 405.10' ILL 12'IRON
RECORD)WHICH MAY AFFECT THE SUBJECT TRACT ARE 12'IRONCAROLYN DOUGLAS
ROD FOUND 0
SHOWN HEREON. ROD FOUND CALLED 42.260 ACRES Ik
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VOLUME 13347,PAGE 1946,RP.RT.C.T.
10.1 SOUTHWESTERN BELL TELEPHONE COMPANY ao
EASEMENT OF RECORD IN VOLUME 3706,PAGE 455,
EXHIBIT H=
R P.RT.C.T. f
OF A TWENTY FOOT WIDE(0.361 ACRE)ELECTRIC
IS A BLANKET TYPE EASEMENT AND DOES NOT CONTAIN
DESCRIPTION OF THE EASEMENT LOCATION.SURVEYOR IS EASEMENT LOCATED IN THE JOSE ANTONIO YBARBO
UNABLE TO DETERMINE ITS LOCATION. SURVEY,ABSTRACT 840 IN TRAVIS COUNTY,TEXAS, I o
BEING A PORTION OF A CALLED 6.68 ACRE TRACT, C?
10.2 WATER AND ELECTRIC EASEMENT OF RECORD IN DESCRIBED IN A DEED TO 18245 FM 1431,LLC,OF o
VOLUME 10888.PAGE 1277,RP.R.T.C.T.IS A BLANKET TYPE RECORD UNDER TRAVIS COUNTY CLERIC'S DOCUMENT g
EASEMENT AND DOES NOT CONTAIN ADESCRIPTION OF 2018117609 AND DESCRIBED IN A DEED FOR AN
THE EASEMENT LOCATION.SURVEYOR IS UNABLE TO UNDIVIDED ONE-HALF(1/2)INTEREST TO PARRS FOR OF T q
DETERMINE IT'S LOCATION. ,r\Q�-GVSTER�+ w
THE WIN,LLC,OF RECORD UNDER TRAVIS COUNTY
10.3 INGRESS AND EGRESS EASEMENT OF RECORD IN CLERK'S DOCUMENT 2020046987 BOTH IN THE OFFICIAL C7.Qa
� * Fae�LP >
VOLUME 10846,PAGE 713,R.P.R.T.C.T.IS A BLANKET TYPE PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS
EASEMENT AND DOES NOT CONTAIN A DESCRIPTION OF WARREN L.SIMPSO
THE EASEMENT LOCATION.SURVEYOR IS UNABLE TO , :q.... a a *...
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DETERMINE IT'S LOCATION. .(�4�2Z ~
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Phone:1512-382-0021•T.B,P.E.Registration No.8053 TAB NA F/N NO. 203 FB/PG 3-1 40 DRAWN BYE M 0
T.B.P.LS.Registration No.10194317 ^O
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203-JONES-ELEC.DWG
EXHIBIT "B"
ELECTRIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS §
That 18245 FM 1431, LLC and Parks For The Win, LLC, 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
electric distribution lines consisting of variable number of circuits and 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 0.361 acre 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(Parcel 203)
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, other than existing improvements previously
approved by Pedernales Electric Cooperative (PEC) or future improvements otherwise approved
and authorized by PEC in writing. Grantor specifically reserves the right to park vehicles,
including recreational vehicles, travel trailers and campers, within the Easement Area that do not
interfere with Grantees use and enjoyment of this Easement or violate the National Electric
Safety Code.
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
GRANTOR:
18245 FM 1431, LLC
By:
Its:
(Signature)
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
, 2024.
Notary Public in and for
The State of Texas
2
GRANTOR:
PARKS FOR THE WIN, LLC
By:
Its:
(Signature)
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
,2024.
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
3
BCRUA—Parcel 203
JOINDER AND CONSENT OF LIENHOLDER TO ELECTRIC EASEMENT
HALCYON ENTERPRISES, LLC, as Beneficiary under a Deed of Trust executed by
18245 FM 1431, LLC to Daniel R. Castro, Trustee, recorded in Document No. 2020008818 (the
"Grantor Security Document") of the Official Records of Williamson County, Texas that creates
liens, security interests and other rights and powers that encumber all or parts of the property
described in Exhibit "A" ("Grantor Liens"), executes this electric utility easement ("Easement")
for the limited purpose of(i) consenting to the terms and conditions of the foregoing Easement
and (ii) agreeing that the Grantor Security Documents and the Grantor Liens are and shall be
subordinate and inferior to all of the easements, restrictions, terms and provisions of the
Easement, so that no enforcement of the terms of the Grantor Security Documents shall amend,
impair or otherwise affect the easements, restrictions,terms or provisions of said Easement.
HALCYON ENTERPRISES, LLC
By:
Name:
Its:
ACKNOWLEDGEMENT
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on this day of , 2024,
by ' known to me to be the person whose name is subscribed to
the preceding instrument, and acknowledged to me that he/she executed the same for the
purposes and consideration recited herein.
Notary Public in and for the State of
BCRUA—Parcel 203
JOINDER AND CONSENT OF LIENHOLDER TO ELECTRIC EASEMENT
INDEPENDENT BANK, as Beneficiary under a Deed of Trust executed by 18245 FM
1431, LLC to Daniel W. Brooks, Trustee, recorded in Document No. 2020046968 (the "Grantor
Security Document") of the Official Records of Williamson County, Texas that creates liens,
security interests and other rights and powers that encumber all or parts of the property described
in Exhibit "A" ("Grantor Liens"), executes this electric utility easement ("Easement") for the
limited purpose of(i) consenting to the terms and conditions of the foregoing Easement and (ii)
agreeing that the Grantor Security Documents and the Grantor Liens are and shall be subordinate
and inferior to all of the easements, restrictions, terms and provisions of the Easement, so that no
enforcement of the terms of the Grantor Security Documents shall amend, impair or otherwise
affect the easements, restrictions,terms or provisions of said Easement.
INDEPENDENT BANK
By:
Name:
Its:
ACKNOWLEDGEMENT
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on this day of , 2024,
by ' known to me to be the person whose name is subscribed to
the preceding instrument, and acknowledged to me that he/she executed the same for the
purposes and consideration recited herein.
Notary Public in and for the State of
4EOCW
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CONTRACTOR MUST:
'Conduct asub-surtace utilities"locate"and
+ resolve any conflicts prior to beginning
excavation. , _
1 'Maintain access to all driveways and
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