CM-2019-0217 - 7/19/2019ELECTRONICALLY RECORDED 2019066744
Williamson County, Texas Total Pages: 7
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between M4
LA FRONTERA II, LLC, a Texas limited liability company, hereinafter referred to as the
"Owner," whose address is 4450 MacArthur Boulevard, 2nd Floor, Newport Beach, California
92660, 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 710 Hesters Crossing Road, Round Rock, Texas
78681 (Lot 3, Block B of the Summit at La Frontera Subdivision) (the "Property").
B. City is the record holder of the Water Line Easement along the northern property line
of the Property as shown on Exhibit "A", attached hereto and incorporated herein by
reference for all purposes.
C. The Owner has requested that the City allow an encroachment on or over a portion of
the Water Line Easement, with the Encroaching Structure being in the nature of a six
(6) foot masonry wall, as shown 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 Water Line Easement 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 Water Line 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;
00427106/ss2
License to Encroach — Summit La Frontera
� 4/ 2i b') 41', �: 2- f r -1
2019066744 Page 2 of 7
(5) 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 portion of the Encroaching Structure reasonably
required to be removed for the City's access to the Water Line Easement
or the City's main within it. Such removal shall be to the City's
satisfaction, and 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 Water Line 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, that may be incurred by, imposed
upon, or asserted by reason of any suit, action, lega[ proceeding, claim,
demand, regulatory proceeding, or litigation to the extent caused by any
act done or omitted to be done by the Owner pursuant to this Agreement,
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;
(10) Relative to any subsequent purchaser of the Property and/or the
Encroaching Structure, the Owner expressly agrees to adequately inform
2019066744 Page 3 of 7
any such purchaser of the existence of this Agreement and provide a copy
of same; and
(1 1) 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 -a* onditions of this Agreement.
OWNER/
M4 LA WONTERA II, LLC
Stephen A. Metzger, Chief Operating Officer
Date Signed: 7 - J j -
CITY
CITY ROUND ROCK, TEXAS
By: Lc
r au ley, is j>z t 1
Date Signed:
(acknowledgements on following page)
3
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged
of , 2019, by
La Frontera ll, LLC, a Texas limited liability
subscribed to the foregoing instrument, and acl
deed of and on behalf of said entity and in t
expressed.
THE STATE OF
COUNTY OF�)e
2019066744 Page 4 of 7
before me !JT' this the day of the month
Nal e), (Title), of M4
ompa, known by me to be the person whose name is
o edged to me that he executed the same as the act and
capacity and for the purposes and consideration therein
Signature
Printed Name
Notary Public, State of
ACKNOWLEDGMENT
This instrument was acknowledged before me on thisay of (::�019,
by L may, Round Rock ity Manager, in the capacity and for t perp s and
onsideration therein indicated.
����l�111t4��1►1���7
NotaryPublic in and f r he State of Texas
,at.11QUEAD ///z
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2019066744 Page 5 of 7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of 0 n
n,r I 4
On _- �j i' I before me, L�f IS 4 k�� YJl lei
Date Here Insert Name and Title of the 00cW
personally appeared
Name(s) of
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
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Signatur _-
Signature of Not4 Public
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Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:a
kj
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
o Trustee ❑ Guardian of Conservator
❑ Other:
Signer is Representing:
Q2017 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:
Signer is Representing:
CR15TINA8. PFEIF€ERNotary
Public- California
OMY
Orange County
Commission k 2243657
Comm. Expires Jun 1!, 2022
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
� f4A 11
Signatur _-
Signature of Not4 Public
W4 1 -1-
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:a
kj
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
o Trustee ❑ Guardian of Conservator
❑ Other:
Signer is Representing:
Q2017 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:
Signer is Representing:
2019066744 Page 6 of 7
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2019066744 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019066744
Pages- 7 Fee- $45.00
07/23/2019 01.30 PM
i'r.,l AS EtpF-7- .
Nancy E. Rister,County Clerk
Williamson County,Texas