CM-2017-1402 - 6/14/2017ELECTRONICALLY RECORDED 2017057143
Williamson County, Texas Total Pages: 6
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into
between RBR Real Estate Holdings, LLC, a Texas limited liability company, hereinafter referred
to as the "Owner," whose address is 4001 Maple Ave., Suite 600, Dallas, Texas 75219, and the
City of Round Rock, Texas, hereinafter the "City," a municipal home -rule corporation whose
address is 221 E. Main Street, Round Rock, Texas 78664, and becomes effective on the date
indicated below. The City and the Owner agree as follows:
A. Owner owns the property located at 4201 Sunrise Road, Round Rock, Texas 78665
(the "Property").
B. City is the record holder of the 15 -foot wide Wastewater Easement along the
southeast comer of the Property (hereinafter the "PUE ROW") as shown on Exhibit
"A", attached hereto and incorporated herein.
C. The Owner has requested that the City allow an encroachment on or over a portion of
the PUE ROW, with the Encroaching Structure being in the nature of a storm pipe
and headwall, as called out in Exhibit "A" (hereinafter the "Encroaching Structure").
D. By execution of this Agreement, the City grants its limited consent for the Owner to
encroach on or over a portion of the PUE ROW strictly subject to the following
conditions.
(1) The Encroaching Structure may be located only as depicted on the
attached Exhibit "A", and that no further encroachment or
improvements of any kind in the PUE ROW shall be allowed;
(2) The existence of the Encroaching Structure shall be subject to any and
all relevant requirements of the Round Rock Code of Ordinances,
including but not limited to the Building Code;
(3) Use, maintenance, repair and removal of the Encroaching Structure
shall be solely at the risk and liability of the Owner, and not at the risk
and liability of the City in any manner whatsoever;
(4) Removal of the Encroaching Structure, or a portion thereof, shall cause
the immediate termination of this Agreement;
(5) The permission of the City in allowing the Encroaching Structure shall
be strictly limited to this particular request, and shall not be construed
as establishing any precedent whatsoever;
(6) The parties expressly agree that the City and other public utilities have
full authority in an emergency to remove the Encroaching Structure,
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2017057143 Page 2 of 6
and such removal shall be allowed without notice to the Owner and
without any obligation whatsoever on the part of the City or other
public utility to replace or repair any part or the whole of the
Encroaching Structure;
(7) In a non -emergency situation, the Owner agrees to be solely responsible
for removal of the Encroaching Structure to the City's satisfaction, and
such removal shall be completed by the Owner within ten (10) days of
actual notice to the Owner of the City's directive to remove same. The
parties expressly agree that, in the event the Owner fails to remove the
Encroaching Structure to the City's satisfaction following notice, then
and in that event the City may cause the Encroaching Structure to be
removed at the expense of the Owner;
(8) The parties expressly agree that the City shall not be responsible for
damage caused to the Encroaching Structure by the City's use or
maintenance of the PUE ROW;
(9) The Owner shall indemnify and hold the City harmless from any and all
loss, damage, penalty, liability, cost and expense, including without
limitation reasonable attorney's fees, that may be incurred by, imposed
upon, or asserted by reason of any suit, action, legal proceeding, claim,
demand, regulatory proceeding, or litigation arising from any act done
or omitted to be done by any party, excepting only any loss, damage,
penalty, liability, cost or expenses resulting from negligence or willful
misconduct of the City. Nothing herein shall be deemed to limit the
rights (including but not limited to the right to seek contribution) of the
City or the Owner against any third party who may be liable for an
indemnified claim. The parties agree that in no event shall the City be
liable to the Owner for any incidental, indirect, special, punitive,
consequential or similar damages of any kind including without
limitation loss of profits, loss of business or interruptions of business,
whether such liabilities are predicated on contract, tort, strict liability or
any other legal theory. This indemnification shall apply to the Owner,
and to each of its successors, assigns, officers, employees and officials.
The parties agree that the provisions of this section shall survive the
termination of this agreement; and
(10) Relative to any subsequent purchaser of the Property and/or the
Encroaching Structure, the Owner expressly agrees to adequately
inform any such purchaser of the existence of this Agreement and
provide a copy of same.
2
2017057143 Page 3 of 6
(11) The City reserves the option to rescind this Agreement at any time, with
or without cause, by giving Owner ten (10) days written notice of its
exercise of said option.
By execution below by the Owner and the respective appropriate authorities of the City
of Round Rock, Texas, the signatories bind the entities to obey all conditions of this Agreement.
OWNER
RBReal t t oldings, LLC
By:
Pa IJorg ice resident
41/
Date Signed: AOr la. 17
CITY
City ofRoun
ck Texas
By: /°
6�5 �at�rie-{Hadley ,City Manager
Asst.
Date Signed: V^ 14-("7
(acknowledgements on following page)
2017057143 Page 4 of 6
ACKNOWLEDGMENT
THE STATE OF TEXAS
DCUA a.S
COUNTY OF
This instrument was acknowledged before me on this day of 1b , 2017,
by Paul Jorge, as Vice President of RBR Real Estate Holdings, LLC, whose name is subscribed
to the preceding instrument, and acknowledged to me that he executed it for the purposes and
consideration expressed in it.
" HILARY TREST Notary"�—nd State of Texas
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ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this 1 1, day of , 2017,
, Round RockvCity Manager, in the capacity and for a purposes and
consideration therein indicated. pKs4.
Notary Public in and for the State of Texas
TARA C. AMBROSE
MY COMMISSION EXPIRES
July 22.2019
GOLD'S GYM
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EXHIBIT'A'
12750 MERIT DRIVE, SUITE 1000, DALLAS TX 75251
PHONE 972.710.1330 FAX 972.239.1620 TEXAS
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2017057143 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2017057143
Pages: 6 Fee: $37.00
_ 06/23/2017 10:15 AM
�U. J
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
J�ROUND ROCK
XAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement for a storm pipe and
headwall encroachment into a wastewater easement on the southeast
corner of University Sunrise Subdivision Section Two, affecting 4201
Sunrise Road.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/9/2017
Dept Director: Brad Wiseman, Director of the Planning and Development Services
Cost: $0.00
Indexes:
Attachments: Gold's Gym Encroachment Agreement, Gold's Gym Encroachment
Agreement - Exhibit
Department: Planning and Development Services Department
Text of Legislative File CM -2017-1402
Consider executing an Encroachment Agreement for a storm pipe and headwall
encroachment into a wastewater easement on the southeast corner of University
Sunrise Subdivision Section Two, affecting 4201 Sunrise Road.
This agreement will ensure no liability on the City or obligation by the City to replace the
privately maintained storm pipe and headwall in the rare occurrence that maintenance
is required on the wastewater infrastructure that lies within the existing easement.
City of Round Rock Page 1 Printed on 8/8/2017