CM-2019-0242 - 8/16/2019ELECTRONICALLY RECORDED 2019083726
Williamson County, Texas Total Pages; 6
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
COTTAGES AT MEADOW LAKE, LLC, a Texas limited liability company, hereinafter
referred to as the "Owner," whose address is 11130 lollyviile Road, Suite 304, Austin, Texas
78759, 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 3017 Settlement Drive, Round Rock, Texas 78664
(the "Property").
B. City is the record holder of a Storm Water and Drainage Easement (hereinafter the
"Easement") per plat No. 2017108537 on 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 Easement, with the Encroaching Structure being in the nature of Iandscaping,
irrigation and a private storm sewer within the City's Easement 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 Easement sirldly 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 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
00427725/ss2
ENCR I906-0003
License to Encroach — Cottages at Meadowlake
i�A4-2-019-0282
2019083726 Page 2 of 6
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 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, 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 shhalI 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
2
2019083726 Rage 3 of 6
any such purchaser of the existence of this Agreement and provide a copy
of same; and
(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
COTTAG MEADOWLAKE, LLC
By:
Date Signed:
CITY
CPPY F ROUNDCK, TEXAS
By
Laurie Hadley,City Manader
�}
Date Signed: d — / � —I
(acknowledgements on following page)
2015083726 Page 4 of 6
ACKNOWLEDGMENT
THE STATE OF ICES §
COUNTY OF §
This instrument was ac owledged before me an this the day of the month
of 2019, byj C� (Name), .. _ (Title), of
Cottages at Meadow Lake, LLC, a Texas limited liability company, known by me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the
act and deed of and on behalf of said entity and in the capacity and for the purposes and consideration
Therein expressed.
CRYSTAL. L. GIGLIO
=.1 *— -j. Notary Public. State of Texas
y:,,,.4�s Comm. Expires 04.2t-2021
Natery ID 131098202
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Signatur
Printed Name Q
Notary Public, State of Tex�S
ACKNOWLEDGMENT
This instrument was acknowledged before me on this �ty of k1 2019,
by Laurie Hadley, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated.
Ar-
L.Ao6ry Public Ind for the State o exas
4
2019093726 Page 5 of 6
Exhibit "A"
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,ENCROACHMENT OF � DRAINAGE EASEMENT PER PLAT
NDSCAPF, IRRIGATION. _ s. DOG NO.2017108537
AND PRIVATE SiORNsEWE
RECORDERS MEMORANDUM
Al or parts of the text on this page was not
dearly legible for satisfactory recordation
2019093726 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019083726
Pages:6 Pee: $45.00
09/09/2019 11:41 AM
0--0"
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Cottages at Meadow
Lake, LLC for the Cottages at Meadow Lake Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/16/2019
Dept Director: Brad Wiseman, Planning and Development Services Director
Cost: $0.00
Indexes:
Attachments: Cottages at Meadowlake - Executed Doc, Cottages at Meadowlake - LAF
Department: Planninq and Development Services Department
Text of Legislative File CM -2019-0242
The developer has been authorized to locate a private storm drain and landscaping in the City's
stormwater and drainage easement. This document makes clear that the City does not have
any responsibility to maintain these private improvements.
C11yof Round Rock Page 4 Printed an 011IV2019