CM-2019-0345 - 11/1/2019 ELECTRONICALLY RECORDED 2019106684
Williamson County, Texas Total Pages: 10
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter"Agreement," is made and entered into between 2301
DOUBLE CREEK, LLC, a Texas limited liability company, hereinafter referred to as the
"Owner," whose address is 623 West 38h Street, Suite 310, Austin, Texas 78705, and the CITY
OF ROUND ROCK,TEXAS, hereinafter the "City," a municipal home-rule corporation whose
address is 22I 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 Lot 4B, Block B, Amended Plat of Interchange Business Park
Section Two, a subdivision of record in Document No. 2018066271 of the Official
Public Records of Williamson County, Texas(the"Property").
B. City is the record holder of a 30-foot Stone Sewer and Drainage Easement on the
eastern boundary of the Property (the "Easement Area") as described and shown in
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 Area, with the Encroaching Structure being in the nature of a mortared
riprap outfall in the northern portion of the Easement Area,as set forth in Exhibit"B,"
attached hereto and 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 Easement 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 Easement 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;
I
00430920/ss2
MM CR 7 906-0002 Platform 45
2019106684 Page 2 of 10
(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 thirty (30) 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 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
2019106684 Page 3 of 10
(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 1) The City reserves the option to rescind this Agreement at anytime, 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 ofthe City
of Round Rock, Texas, the signatories bind the entities to obey all conditions of this Agreement.
OWNER
2301 Double Creek `C A�+ 4",raWr/,�►�,,.y
�'i1�t�Oln •• �111t 1
I.iL h Zf�cfl�
By: y:
Date Signed:
CITY
City of Ro nd Rock,Texas
By:
L une Hadley, Cit anager
Date Signed:
(acknowledgements on follo►ving page)
3
2019106684 Page 4 of 10
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF - V l
This instrument was acknowledged before me on this "day of llt® t" 2019
by to l rig e#(Name), as f i In st e (Title) of 2301
DOUBLE CREEK, LLC, w ose name is subscribed to the preceding instrument, and
acknowledged to me that he executed it for the purposes and consideration expressed in it.
JDIE g r
Notary I #132093 as
ID s No ry ublic in and for tA State of Texas
My Commission Exprrc-s
July 19. 2023
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this dayo6v , 2019,
by Laurie Hadley, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated.
ota Public in a or the State of Texas
2019106684 Page 5 of 10
Exhibit "A'
Office- 512®443-1724
Fax: 512-339®0943
Surveyingrr Professional Land Surveying, In .
3500 McCall Larne
Austin, Texas 73744
0.001 ACRES
ENCROACHMENT
CITY OF ROUND ROCK, WILLIAMSON COUNTY
A DESCRIPTION OF 0,001 ACRES (APPROXIMATELY 55 SO. FT.) BEING A
PORTION OF LOT 4B, BLOCK B, AMENDED PLAT OF INTERCHANGE BUSINESS
PARK SECTION TWO, A SUBDIVISION OF RECORD IN DOCUMENT No.
2018066271 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 0.001 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
COMMENCING at a 112" rebar with "Chaparral" cap found in the west line of Lot 7A,
Block A, Round Rock Independent School District High School #5 Subdivision, a
subdivision of record in Document No. 2008040639 of the Official Public Records of
Williamson County, Texas, and for the northeast corner of said Lot 413, from which a
112" rebar with "Chaparral" cap found in the west line of said Lot 7A and the east line of
said Lot 4 bears South 20053'31" East, a distance of 200.00 feet;
THENCE with the north line of said Lot 4B, South 71°50'08" West, a distance of 21.48
feet to a calculated point, from which a 112" rebar with "Chaparral" cap found for the
northwest corner of Lot 48 bears South 71'50'08" West, a distance of 512.46 feet;
THENCE over and across said Lot 4B, South 18009'52" East, a distance of 9.63 feet to
the POINT OF BEGINNING;
THENCE over and across said Lot 48, the following four (4) courses:
1. South 20°53'31" East, a distance of 6.00 feet to a calculated point;
2. South 69°05'48"West, a distance of 9.09 feet to a calculated point;
3. North 20°53'31"West, a distance of 6.00 feet to a calculated point, from which a
112" rebar with "Chaparral" cap found for the northwest corner of said Lot 4B
bears South 72058'53"West, a distance of 503.48 feet;
2019106684 Page 6 of 10
Exhibit "A'
Page 2
4. North 69005'48" East, a distance of 9.09 feet to the POINT OF BEGINNING,
containing 0.001 acres, more or less.
Surveyed on the ground July 21, 2016. Bearing Basis: The Texas Coordinate System of
1983 (NAD83), Central Zone, based on GPS Solutions from The National Geodetic
Survey (NGS) On-Line Positioning User Service (OPUS).
Attachments: Survey Draw' No. 12-001-OEE
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Steven P. imberl Ke ®Date
Land Surveyor BTCVE.... r�..BER aitF
. ......................
824a =....
State of Texas No. 6240s�oe►*OQ�
T.B.P.L.S. Firm No. 10124500 SUpV
2019106684 Page 7 of 10
Exhibit "A'
A DESCRIPTION OF 0.001 ACRES (APPROXIMATELY 55 SQ. FT.) BEING A PORTION OF
LOT 4B, BLOCK B, AMENDED PLAT OF INTERCHANGE BUSINESS PARK SECTION TWO, A
SUBDIVISION OF RECORD IN DOCUMENT No. 2018066271 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS.
LOT 2
BLOCK B
l�\ I INTERCHANGE BUSINESS LOT 7A
\w/ PARK - SECTION TWO BLOCK A
(N/196) ROUND ROCK
INDEPENDENT SCHOOL DISTRICT
1" = 100' HIGH SCHOOL #5 SUBDIVISION
(2008040639)
CH N71'50'08"E 533.94'
CH
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••=•••• 0.001 ACRES I
U SMEN P TIMBERLAKE (APPROX. 55 SQ. FT.) I
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SEE DETAIL SHEET 1
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LLJ lLd m LOT 411
3 ® BLOCK B I M'
U ® AMENDED PLAT OF W 9
INTERCHANGE BUSINESS PARK
m m SECTION TWO bo
D (2016066271) 30' DRAINAGE & N
p STORK! SEWER ESMT. I N
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LOT 5A
AMENDED PLAT OF LOT 5A, BLOCK B.
INTERCHANGE BUSINESS SECTION
TWO (REPLAT) AND LOT 4, BLOCK B.
INTERCHANGE BUSINESS SECTION TWO
(2017025580)
CURVE TABLE
CURVE RADIUS DELTA ARC BEARING CHORD
Cl 1955.00' 5`25'50" 185.30' N20'35'44"W 185.23'
C2 1955.00' 5'51'49" 200.07' N14!46'13"W 199.98'
DATE OF SURVEY: 07-21-16 BEARING BASIS: THE TEXAS COORDINATE
PLOT DATE: 07/24/19 SYSTEM OF 1983 (NAD83). CENTRAL ZONE,
DRAWING NO.: 1212-001-OEE BASED ON GPS SOLUTIONS FROM THE
PROJECT NO.: 1212-001 NATIONAL GEODETIC SURVEY (NGS) ON-LINE
T.B.P.L.S. FIRM NO. 10124500 POSITIONING USER SERVICE (OPUS)
DRAWN BY: MLT/DJ ATTACHMENTS: METES AND BOUNDS
SHEET 1 OF 2 a DESCRIPTION 1212-001-OEE
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2019106684 Page 8 of 10
Exhibit "A'
DETAIL SHEET
LEGEND
0 cm 1/2" REBAR FOUND
1/2- R WITH -CHAPARRAL" CAP FOUND
CALCULATED POINT
RECORD INFORMATION 1' = 20'
LOT 2
BLOCK 8
INTERCHANGE BUSINESS
PARK - SECTION TWO P.O.C.
(N/196)
CH A N71*50'0BwE 533.94' cm r 0
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LINE TABLE
LINE BEARING DISTANE—E
Ll S 1 B'0 'FJ "E 9.63'
L2 S20*53'31"E 6.00'
L3 S69*05'48"W 9.09'
L4 N20'53'31"W 6.00'
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CURVE TABLE
CUEI RADIUS DELTA ARC BEARING RECORD
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Exhibit"B"
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2019106684 Page 10 of 10
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019106684
Pages- 10 Fee- $57.00
11/05/2019 03.35 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
Agenda Item Summary
City of Round Rock
Agenda Number:
Consider executing an Encroachment Agreement with 2301 Double Creek,
LLC for the Platform 45 Project.
Title:
City Manager ItemType:
City Manager ApprovalGoverning Body:
11/1/2019Agenda Date:
Brad Wiseman, Planning and Development Services DirectorDept Director:
$0.00Cost:
Indexes:
Encroachment Agreement - Platform 45 executed docAttachments:
Department:Planning and Development Services Department
Text of Legislative File CM-2019-0345
The pond outfall to the channel has a splash pad located within the channel’s drainage
easement. The splash pad helps prevent erosion at the outfall. This agreement acknowledges
the encroachment of the splash pad and clarifies that it is not the City’s responsibility to
maintain.
Page 1City of Round Rock Printed on 11/5/2019