CM-2019-0296 - 10/4/2019ELECTRONICALLY RECORDED 2019096837
Williamson County, Texas Total pages: 7
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between 1212
CHISHOLM TRAIL, LLC, a Texas limited liability company, hereinafter referred to as the
"Owner," whose address is QOH s M , Round Rock, Texas 7866$ and the
CITY OF ROUND ROCK, TEXAS, hereinafter the "City," a municipal home -rule corporation
whose address is 221 E. Main Street, Round Rack, Texas 78664, and becomes effective on the
date indicated below. The City and the Owner agree as follows:
A. Owner is the owner of Lot 2, KILGORE SUBDIVISION, a subdivision in Williamson
County, Texas, according to the map or plat thereof recorded in Cabinet 1, Slides 350-
35I of the Plat Records of Williamson County, Texas (the "Property'l.
B. City is the record holder of the 15 -foot wide Public Utility Easement running parallel
to the northern property line of Lot 2, KILGORE SUBDIVISION, a subdivision in
Williamson County, Texas, according to the map or plat thereof recorded in Cabinet 1,
Slides 350-351 of the Plat Records of Williamson County, Texas (the "PUE Area").
A copy of page two (2) of the recorded plat is attached hereto as Exhibit "A", attached
hereto and incorporated herein for all purposes.
C. The Owner has requested that the City allow an encroachment on or over a portion of
the PUE Area, with the Encroaching Structure being in the nature of landscaping
improvement, as set forth in Exhibit "B," incorporated herein by reference for all
purposes (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 Area strictly subject to the following
conditions:
(1) The Encroaching Structure may be located only as depicted on the attached
Exhibit "B," and that no further encroachment or improvements of any
kind in the PUE Area 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;
00430030/332
ENCRI901-0001 - Capitol City Jnnitedal
6IL(-2-0q-��
2019096837 Page 2 of 7
(S) 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;
(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 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;
(S) 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 Area;
(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
2019096837 Page 3 of 7
(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.
(1 I) 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
1212 CHISHOLM TRAIL, LLC
By:
8/a�2-1 8zh Sef-
Date Signed: gS,-pj
CITY
City of ound Rock, Texas
By
/.sun Hadley, Manag
Date Signed:
(acknowledgements on following page)
01 1 * ! m
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
2019096837 Page 4 cf 7
his Inst vm nt was acl owledged before me on this -5-- clay of 2019
b r h' (Name), (Title) of 1212
Chisholm Tratl, LLC, whose name is subscribed to e ' g instrument, and acknowledged
to me that he executed it for the purposes nsideration expres 't.
LELA )h6q
JULIETA OR?IZ
`''`••"r'- 4N.Public in and of Texas
I fn fVorery Public. 5tnte of Texas
Comm. Eapfres 06-23-2020
.4 •+•
'�`• Notary 10 130711902
THE STATE OF TEXAS
COUNTY OF WILLIAMSON Iq
Tins
his ttument was acknowledged before me on this day of ?6tf
by Laurie Hadley, Round Rock City Manager, in the Evacity and for the proposes and
consideration therein indicated.
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2019096837 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019096837
Pages:7 Fee: $45.00
10/10/2019 09:01 AM
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND RACK
I 2X AS Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Chisholm Trail, LLC
for the Capital City Janitorial Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/4/2019
Dept Director: Brad Wiseman Planning and Development Services Director
Cost: $0.00
Indexes:
Attachments: LAF - Encroachment Agreement Chisholm Trail LLC (Capitol City Janitorial)
(09 11 19) (00431441xA08F8), ENCR1901-0001 PUE-ENCR Capitol City
Janitorial - executed doc
Department: Planning and Development Services Department
Text of Legislative File CM -2019-0296
This agreement is to allow for the encroachment of landscaping and a storm drain into an
existing P.U.E. to facilitate new development. The franchised and City utility owners are
agreeable to the encroachment.
City of Round Rock Page 7 Printed on 10/4/2019