CM-2019-0295 - 10/4/2019ELECTRONICALLY RECORDED 2019096665
Williamson County, Texas Total Pages: 7
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
CONTINENTAL HOMES OF TEXAS, L.P., a Texas limited partnership d/b/a "D.R. Horton
America's Builder," hereinafter referred to as the "Owner," whose address is 10700 Pecan Park
Boulevard, Suite 400, Austin, Texas 78750, 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 is the owner of approximately 9.90 acres of land out of the Memucan Hunt
Survey, Abstract No. 314, in Williamson County, Texas and being the remainder of an
84.538 tract of land conveyed to the Owner by instrument of record in Document No.
2013010795 of the Official Public Records of Williamson County, Texas, and also
being of a 5.11 acre tract of land conveyed to Owner by instrument of record in
Document No. 2016057581 of the Official Public Records of Williamson County,
Texas (the "Property").
B. City is the record holder of a 10 -foot Public Utility Easement (the "PUE") on the
Property (the "PUE Area") as shown in the Final Plat for Warner Ranch, Phase Two,
Section Five, attached 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 a retaining wall,
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 fallowing
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,
JM,-2.PZGt,024
00431085/s&2
ENCR1905-NO) Warner Ranch Phase II, Section 5
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(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 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 Iimited 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
2
2019096665 Page 3 of 7
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.
01) The City reserves the option to rescind this Agreement at any time, with
or without cause, by giving Owner ten 0 0) 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
CONTINENTAL HOMES OF TEXAS, L.P., a Texas limited
partnership
By: %
tart
Date Signed: � _ l d J z p c
CITY
CITY ROUND ROCK, TEXAS
By:
- 1�44
Laurie Hadley, Cit anager
Date Signed: l n—c iq
(aclmotirledgemenjs on following page)
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
2019096665 Page 4 of 7
This instruent was acknowledged before me on this l0 day of... WWW 2019,
by iAVt - L44, (Name), as
.f1S�1�f� 11 1�Ut171I^l (Title) of
CONTINENTAL HOMES OF TEXAS, L.P., a Texas limited partnership, on behalf of said
company, known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed it for the purposes and consideration expressed in it.
i_u bn A
RACHELNotary Public in and for the Stat f Texas
''"� � teary Pt>�C, Slur d�
�, Comm WAW
'ha��`t Notary lD 1311578&1
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AC10OWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this _qXday of C— - , 2019,
by Laurie Hadley, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated,
Jju-k4�At-- / I
A&Am=
otary Public in d For the State of Thas
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2019096665 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019096665
Pages:7 Fee: $45.00
10/09/2019 01:22 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
r TEXAS ROCK Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Continental Homes of
Texas, L.P. for the Warner Ranch Phase il, Section 5 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: Encroachment Agreement - Warner Ranch Phase II Section 5 (D.R. Horton) -
Executed doc
Department: Planning and Development Services Department
Text of Legislative File CM -2019-0295
This is a agreement for a retaining wall to encroach the edge of the P.U.E. along the frontage of
a landscape lot. All owners of franchised and City utilities are agreeable to the encroachment.
City of Round Rock Page i Printed on 10/4/2019