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CM-2018-1834 - 9/18/2018ELECTRONICALLY RECORDED 2018086107 Williamson County, Texas Total Pages: 9 ENCROACHMENT AGREEMENT This Encroachment Agreement, hereinafter "Agreement," is made and entered into between AUS -65, LLLP, a Texas limited liability limited partnership, hereinafter referred to as the "Owner," whose address is c/o Provident Realty Advisor, 10210 North Expressway, Suite 300, Dallas, Texas 75231, 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 1850 A W Grimes Blvd S, Round Rock, Texas 78664 (the "Property"). B. City is the record holder of the 10 -foot wide Slope and Public Utility Easement recorded in Documents Nos. 2001038661 and 2002042747 of the Official Public Records of Williamson County, Texas ("Public Easement"). C. The Owner has requested that the City allow an encroachment being in the nature of a monument sign ("Encroaching Structure") on or over an 18 square foot portion of the Public Easement, described by metes and bound and sketch in Exhibit "A." D. By execution of this Agreement, the City grants its limited consent for the Owner to encroach on or over a portion of the Public Easements strictly subject to the following conditions: C44-26 � 404932 THC VAC 1806-003 (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 Public Easement 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; 2018086107 Page 2 of 9 (6) The parties expressly agree that the City and other public utilities have full authority in an emergency to remove the Encroaching Structure, 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 Public Easement; (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 (collectively "Damages"), 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 either party be liable to the other 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, its officers, employees and officials and to each of its successors or assignees, and their officers, employees and officials ("Successor Owners"). The Owner and Successor Owners shall be subject to this Section 9 for Damages alleged to have been suffered during such time any such party has an ownership interest in the Property. The parties agree that the provisions of this section shall survive the termination of this agreement; and 2 L11 2018086107 Page 3 of 9 1 (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. (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 AUS -65, LLLP, a Texas limited liability limited partnership By: AUS -65, OR, Inc., it's general partner By: 1L. Marc Hagle, Chief Executive Officer Date Signed: �� g CITY City of Ro nd Rock, Texas By aurie Hadley, Cit Manager Date Signed: e�- IR _ e (acknowledgements on following page) 3 cir 2018086107 Page 4 of 9 ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on this t day of E, u5 r 201 by MARC HAGLE, as Chief Executive Officer of AUS -65, GP, Inc., a Texas corporation and general partner of AUS -65, LLLP, a Texas limited liability limited partnership, whose name is subscribed to the preceding instrument, and acknowledged to me that he executed it for the purposes and consideration expressed in it. f LORRAINE K CHAMIM r . r Notary Public • Sqb d ilotldat • commis t # FF2MIT &Kry Public n an for the State of mss--o2r74- My Coat,. floor Atrt 11.2019 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this /kday ofd, 2018, by LAURIE HADLEY, City Manager of the City of Round Rock, Texas, in the capacity and for the purposes and consideration therein indicated.. aotPY P(jeN • Votary Public i d for the State of Texas • N� C _ '64 9lE 01"1 •' 0% !262 `ate: 4 CV -.•.,, 2018086107 Page 5 of 9 EXHIBIT "A" (Partial Easement Release) LEGAL DESCRIPTION BEING a 18 square foot tract of land situated in the City of Round Rock, Williamson County, Texas, and out of the Asa Thomas Survey, Abstract Number 609, Williamson County, Texas, and being a portion of the 10' Slope and Public Utility Easement located on Lot 1, Block A of PROVIDENT CROSSINGS SECTION VI, a subdivision as recorded in Document Number 2018014147 of the Official Public Records of Williamson County, Texas; said 10' Slope and Public Utility Easement described to Hickerson Round Rock Land, LP in the Deed Without Warranty with Reservations for Slope Easement and Public Utility Easement recorded in Document Number 2010048529 of the official Public Records of Williamson County, Texas, and said Lot 1, PROVIDENT CROSSINGS SECTION VI being described in the Warranty Deed to Hickerson Round Rock Land, LP recorded in Document Number 2009070070 of the Official Public Records of Williamson County, Texas; said 18 square foot tract of land being more particularly described as follows with bearing referenced to the Texas Coordinate System of 1983, Central Zone: COMMENCING at a P -K Nail found in the westerly right-of-way line of A. W. Grimes Boulevard (a 120 foot wide right-of-way) recorded under Document Number 2001038661 of the Official Public Records of Williamson County, Texas, for the northeasterly corner of said Lot 1, Block A, PROVIDENT CROSSINGS SECTION VI, same being the southeasterly corner of Lot 1, Block A of PROVIDENT CROSSINGS SECTION IV, a subdivision as recorded under Document Number 2015014158 of the Official Public Records of Williamson County, Texas; THENCE with the easterly line of said Lot 1, PROVIDENT CROSSINGS SECTION VI and said westerly right- of-way line of A.W. Grimes Boulevard, southeasterly with a non -tangent curve to the left having a radius of 2143.48 feet and a delta angle of 02°19'29", an arc distance of 86.97 feet (the chord of said curve bears South 15'17'37" East a distance of 86.96 feet) to a point; THENCE departing the westerly right-of-way line of said A.W. Grimes Boulevard, over and across said Lot 1, Block A of PROVIDENT CROSSINGS SECTION VI the following courses and distances: South 73032'39" West a distance of 3.91 feet to the northeast corner and POINT OF BEGINNING of the herein described tract; South 14°43'03" East a distance of 3.00 feet to the southeast corner of the herein described tract; South 75°16'57" West a distance of 6.00 feet to the southwest corner of the herein described tract; North 16°29'27" West a distance of 3.00 feet to the northwest corner of the herein described tract; K:\OA023\0038-00\1 Surveying\Documents Created\551\A023-0038-00 Partial Esmt. Release — FN.doc 1 2018086107 Page 6 of 9 North 75°16'57" East a distance of 6.09 feet to the POINT OF BEGINNING and CONTAINING an area of 18 square feet of land. I HEREBY CERTIFY that these notes were prepared by JONES I CARTER from a survey made on the ground on December 5, 2017 and are true and correct to the best of my knowledge. A sketch accompanies this description. r Gary- wes Registered Professional Land Surveyor No. 4053 t �P •G�gTyEq�: •. S C. BOWES• . .................. . -a Dat K:\OA023\0038-00\15urveying\Documents Created\551\AO23-0038-00 Partial Esmt. 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Nancy E. Rister,County Clerk Williamson County,Texas ENCROACHMENT AGREEMENT This Encroachment Agreement, hereinafter "Agreement," is made and entered into between AUS -65, LLLP, a Texas limited liability limited partnership, hereinafter referred to as the "Owner," whose address is c/o Provident Realty Advisor, 10210 North Expressway, Suite 300, Dallas, Texas 75231, 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 1850 A W Grimes Blvd S, Round Rock, Texas 78664 (the "Property"). B. City is the record holder of the 10 -foot wide Slope and Public Utility Easement recorded in Documents Nos. 2001038661 and 2002042747 of the Official Public Records of Williamson County, Texas ("Public Easement"). C. The Owner has requested that the City allow an encroachment being in the nature of a monument sign ("Encroaching Structure") on or over an 18 square foot portion of the Public Easement, described by metes and bound and sketch in Exhibit "A." D. By execution of this Agreement, the City grants its limited consent for the Owner to encroach on or over a portion of the Public Easements strictly subject to the following conditions: �­26�-� 404932 THC VAC 1806-003 (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 Public Easement 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, 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 Public Easement; (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 (collectively "Damages"), 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 either party be liable to the other 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, its officers, employees and officials and to each of its successors or assignees, and their officers, employees and officials ("Successor Owners"). The Owner and Successor Owners shall be subject to this Section 9 for Damages alleged to have been suffered during such time any such party has an ownership interest in the Property. The parties agree that the provisions of this section shall survive the termination of this agreement; and 2 61V (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. (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 AUS -65, LLLP, a Texas limited liability limited partnership By: AUS -65, Inc., it's general partner Marc Hagle, Chief Executive Officer Date Signed: --0 -7 k 5 - CITY City of Rolind Rock, Texas By: Laurie Hadley, Cit Manager f Date Signed: (acknowledgements on following page) ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on this t^1�'day of L -s ru, %35f' , 201 by MARC HAGLE, as Chief Executive Officer of AUS -65, GP, Inc., a Texas corporation and general partner of AUS -65, LLLP, a Texas limited liability limited partnership, whose name is subscribed to the preceding instrument, and acknowledged to me that he executed it for the purposes and consideration expressed in it. r' tORRAINE K cHA1�Et�i Novy public - SIM d fiald� • c , „ nest? 4;ry Public n an for the State of o2 Q - my Cern t ja tl, 2019 nene�ethn��Noarn� ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this day of, 2018, by LAURIE HADLEY, City Manager of the City of Round Rock, Texas, in the capacity and for the purposes and consideration therein indicated. \ ```z���NNu1Nlby�i �� �pNIntlEgpA. ///W • �Wy PUB•+• Wotary Public i d for the State of Texas 5 ASP 4 EXHIBIT "A" LEGAL DESCRIPTION (Partial Easement Release) BEING a 18 square foot tract of land situated in the City of Round Rock, Williamson County, Texas, and out of the Asa Thomas Survey, Abstract Number 609, Williamson County, Texas, and being a portion of the 10' Slope and Public Utility Easement located on Lot 1, Block A of PROVIDENT CROSSINGS SECTION VI, a subdivision as recorded in Document Number 2018014147 of the Official Public Records of Williamson County, Texas; said 10' Slope and Public Utility Easement described to Hickerson Round Rock Land, LP in the Deed Without Warranty with Reservations for Slope Easement and Public Utility Easement recorded in Document Number 2010048529 of the official Public Records of Williamson County, Texas, and said Lot 1, PROVIDENT CROSSINGS SECTION VI being described in the Warranty Deed to Hickerson Round Rock Land, LP recorded in Document Number 2009070070 of the Official Public Records of Williamson County, Texas; said 18 square foot tract of land being more particularly described as follows with bearing referenced to the Texas Coordinate System of 1983, Central Zone: COMMENCING at a P -K Nail found in the westerly right-of-way line of A. W. Grimes Boulevard (a 120 foot wide right-of-way) recorded under Document Number 2001038661 of the Official Public Records of Williamson County, Texas, for the northeasterly corner of said Lot 1, Block A, PROVIDENT CROSSINGS SECTION VI, same being the southeasterly corner of Lot 1, Block A of PROVIDENT CROSSINGS SECTION IV, a subdivision as recorded under Document Number 2015014158 of the Official Public Records of Williamson County, Texas; THENCE with the easterly line of said Lot 1, PROVIDENT CROSSINGS SECTION VI and said westerly right- of-way line of A.W. Grimes Boulevard, southeasterly with a non -tangent curve to the left having a radius of 2143.48 feet and a delta angle of 02'19'29", an arc distance of 86.97 feet (the chord of said curve bears South 15"17'37" East a distance of 86.96 feet) to a point; THENCE departing the westerly right-of-way line of said A.W. Grimes Boulevard, over and across said Lot 1, Block A of PROVIDENT CROSSINGS SECTION VI the following courses and distances: South 73°32'39" West a distance of 3.91 feet to the northeast corner and POINT OF BEGINNING of the herein described tract; South 14°43'03" East a distance of 3.00 feet to the southeast corner of the herein described tract; South 75016'57" West a distance of 6.00 feet to the southwest corner of the herein described tract; North 16°29'27" West a distance of 3.00 feet to the northwest corner of the herein described tract; K:\OA023\0038-00\15urveying\Documents Created\551\A023-0038-00 Part al Esmt. Release — FN.doc North 75016'57" East a distance of 6.09 feet to the POINT OF BEGINNING and CONTAINING an area o€113 square feet of land. I HEREBY CERTIFY that these notes were prepared by JONES I CARTER from a survey made on the ground on December 5, 2017 and are true and correct to the best of my knowledge. A sketch accompanies this description. •Gary wes Registered Professional Land Surveyor No. 4053 OF P .: Gp,AY C.rwl�..' .......... . 4053 . r Dat K.\OAD23\0038-00\1 Surveying\Documents Created\5s1\AO23-0038-00 Partial Esmt. Release — Mdoc O O 1 O M �►' d O 199groloOZ ON :WG 1 �d1 D cq 4 I = ``'' 9 ~ Z � �M oar �ar� ,oar � c W lit 0/178 S�nlcvJ ;o 'b' ,batOM� y H ♦3♦:, CLr� a R� _ a) NEW V �� li 3do1S A1 � Wo�v� —�T Na cn � W 5 oftsm- -a vu ,_fOWas"0 x�71dV I I 0p OMOM m aNV n'd A p "` Y"al7id wommmi "I o aHr I I s ; _p CC,bill I 1 e J: 3 o f ac L-6 kz �kz zap I42 I ��W2� •off I �'�'�--� ' I • 05``'�� ���Wos� g N � y 'T 1 o lop W W — Y3 7ld� I I In 0 cs a p l aw erd o lam aLmm mamn =am 91MUM MN aenoe �o ,un SNUVe W1 /, inIN— I 2i ,iOla = V" -Ma I I 1x714 d d a MamIn RL1119M mammmum SAWd= NAM TM RM53UU= .0rftel iv 1:2;N cY d t f 1'01 ar o 6FZ 9P,4S : '90j a�rsia x v �rJo s3anv Z m 3,i6'b'�J31 30lS77/H tart z o3nrO X 1 d7d 7VNU /M aW M aaw V XJO79 191 107 asw.r AyvbFUNV V, • SKETCH TO ACCOMPANY LEGAL DESCRIPTION LINE BEARING 0157ANCE Ll 5 73M'39" W 191 L2 S 1474-J'03- LJ 44303 L3 S 757657 W 6.00 L4 N 167927 W 300 L5 N 757657- E 6.09 TA Cl 2143 48off 169.91 4:3231 tSl7-UJ32-'E 74 08 E 169.87 C2 214.748 86.97 2y9 29 7737 E B6 96 C3 2143.48 82.94 27302 82.94 5 = ••GARY C-BOWES ,,, ��• Sheet 2 of 2 .JC .JONEBjCARTER Ten&Mddit*U WEryll ll*&a*nM&PM T�Omtd dPmfmlomllandSrnyYh Pe{�riGanNo.20016l01 llmAMleptraeeleiew�lJlt 1S0•Au�Tam 7�1�1.312,MilIB i City of Round Rock ROUND ROCK TEXA' Agenda Item Summary Agenda Number: Title: Consider executing an Encroachment Agreement fover a Slope and Public Utility Easement with neighboring landwoner, AUS -65, LLLP, to enable the installation of a monument sign in the easement area. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 9/14/2018 Dept Director: Brad Wiseman, Director of Planning and Development Services Cost: $0.00 Indexes: Attachments: VAC1806-003 PUD 62 Retail - Encroachment Agreement (08.17.2018).pdf (00404950-6xA08F8) Department: Planning and Development Services Department Text of Legislative File CM -2018-1834 Consider executing an Encroachment Agreement fover a Slope and Public Utility Easement with neighboring landwoner, AUS -65, LLLP, to enable the installation of a monument sign in the easement area. The developer is trying to fit a sign in an area in front of a lot that is crowded with easements. This agreement allows partial encroachment of the Public Utility easement (PUE) by the proposed sign. PUE stakeholders have signed -off to allow the encroachment. City of Round Rack Page 4 Printed on 9/13/2018