CM-2019-0354 - 11/8/2019ELECTRONICALLY RECORDED 2019110226
Williamson County, Texas Total Pages: 7
FORD
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between CSW
SMYERS GW, LLC, a Texas limited liability company, hereinafter referred to as the "Owner,"
whose address is 1703 West V' Street, Austin, Texas 78703, 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 property located at 17401 Smyer's Lane, Round Rock, Texas,
78664, described as Lot 15, Block A of Rcp1at Lots 5A & 5B of Replat Lot 5 Block
Wyoming Springs at 620 (the "Property").
B. City is the record holder of a Public Drainage and Storm Sewer Easement recorded in
Document No. 2011009648 of the Official Public Records of Williamson County,
Texas (the "Easement Area").
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 drainage
improvements within the Easement Area, as set forth in Exhibit "Aattached 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 strialy subject to thefollowing
cii' idifions:
(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 Area shall be allowed;
(2) The existence of the Encroaching Structure shall be subject to any ar 0
all relevant requirements of the Round Rock Code of Ordinanc
including but not limited to the Building Code;
(3) Use, maintenance, repair and removal of the Encroaching Structure sh
be solely at the risk and liability of the Owner, and not at the risk a '
liability of the City in any manner whatsoever;
(4) Removal of the Encroaching Structure, or a portion thereof, shall cau
the immediate termination of this Agreement;
(5) The permission of the City in allowing the Encroaching Structure sh
be strictly limited to this particular request, and shall not be construed
establishing any precedent whatsoever;
00433546/ss2
ENC R 1906-0001 — Smyers
ejq- 14
2019110226 Page 2 of 7
(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 tile 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 attomey'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 i 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
(10) Relative to any subsequent purchaser of the Property and/or
Encroaching Structure, the Owner expressly agrees to adequately info
any such purchaser of the existence of this Agreement and provide a co
ofsame. I
N
2019110226 Page 3 of 7
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.
OWNER
cBysws 77 -Lc -,-,A
Date Signed:
CITY
City o��ound Rock, Texas
By.
5-1132LeMMIN M./
Date Signed: / ® k-- (I
W,
2019110226 Page 4 of 7
134 KA
This instrument was acknowledged before me on this A.4- day of. QC+OL2tr , 2019,
by �ObffA+ O'EAAlf-C I I (Name), as _kAa 1()of CSW
SMYERS GW, LLC, whose name is subscribed to the preceding instrument, and acknowledged
to me that he executed it for the purposes and consideration expressed in it.
OV"A"P, HANNAH M 101":,IT
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This instrument was acknowledged before nrie on thisof �Oqm 2019,
by Laurie Hadley, Round Rock City Manager, in the capacity 62and for the purposes and
consideration therein indicated.
I A I
Notary Public i n
$0 i 0) " 1-94 IOJE Notary P d for the State of Texas
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2019110226 Page 5 of 7
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2019110226 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019110226
Pages- 7 Fee- $41.00
11/15/2019 12.14 PM
i'r.,l AS EtpF-7- .
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
RDUND RACK
r XA,: Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with CSW Smyers GW,
LLC for the Smeyers Lane Retail Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/8/2019
Dept Director: Brad Wiseman, Planning and Development Services Director
Cost: $0.00
Indexes:
Attachments: ENCR1906-0001 SS DRG Smyers Lane _ 191028 Executed ENCR
Department: Planning and Development Services Department
Text of Legislative File CM -2019-0354
This is an encroachment of private water quality control boxes and outfall pipes that have been
reviewed and approved by Planning and Development Services (PDS). This agreement will
document the private owner's responsibility to maintain and absolve the City of any
responsibilities regarding the private structures.
City of Round Rock Page i Printed on 11/7/2019