CM-2020-002 - 1/3/2020ELECTRONICALLY RECORDED 2020001476
Williamson County, Texas Total Pages: 6
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
TAYLOR MORRI[SON, INC., a Texas corporation, and to each of its successors, assigns,
officers, employees and officials, hereinafter referred to as the "Owner," whose address is 11200
Lakeline Boulevard, Suite 150-A, Austin, Texas 78717, 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 5253 Lusso Trail, Round Rock, Texas 78665 (Lot
10, Block Y of Vizcaya Subdivision, Phase 5D and 7B) (the "Property").
B. City is the record holder of the Wastewater Easement 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 Wastewater Easement, with the Encroaching Structure being in the nature of a
retaining wall and screen wall, as shown in Exhibit "B", attached hereto (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 Wastewater Easement strictly subject to the
fallowing conditions.-
(1)
onditions.
(1) The Encroaching Structure may be located only as depicted on the
attached Exhibit "A" and Exhibit "B", and that no further encroachment
or improvements of any kind in the Wastewater 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
Iiability of the City in any manner whatsoever;
(4) Removal of the Encroaching Structure by the Owner, or a portion
thereof, shall cause the immediate termination of this Agreement. This
Paragraph (4) does not apply to removals by the City or public utilities
as described in Paragraph (6) below;
004284221ss2
ENCR 1907-0001
Encroachment - Vizcaya Ph. 5D & 7B
�Yb//-, 2-L,2.0 - tz)2_
2020001476 Page 2 of 6
(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-emcrgency 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 twenty (20) days
of actual notice to the Owner of the City's directive to remove same. The
Panics 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 ofthe Water Line Easement;
(9) The parties acknowledge that the Owner intends to transfer ownership of
the Property subsequent to the execution of this Agreement. The Owner
shall assign this Agreement to the purchaser of the Property upon the
transfer of ownership of the Property. The City consents to an
assignment of this Agreement to the purchaser of the Property and shall
be provided a copy of said executed assignment. Upon assignment of
this Agreement, the purchaser of the Property shall be required to comply
with all terns and conditions set forth herein. Any additional assignment
by the purchaser of the Property shall require written approval by the
City.
(10) 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 seely contribution) of the
2
2020001478 Page 3 of B
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 or business,
whether such liabilities are predicated on contract, tort, strict liability or
any other Iegal 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;
(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 ofsaid 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
TAY!ORRISON OF TEXAS, INC
By:
Date Signed: • ;z is l IF
CITY
CITY OF ROUND ROCK, TEXAS
By: )&, ".(L -
Laurie Hadley, City Manager
Date Signed: 1 r —210
(acknowledgements oar following page)
ACKNOWLEDGMENT
3
2020001476 Page 4 of B
THE STATE OF I ze-x,A-S
COUNTY OF Jr .1X: r• ton.,,,
�t This instrument was acknowledged before me on this the day of the month
of 4yQve.h.r , 2019, by MccUrpj (Named (Title), of
Taylor Morrison of Texas, Inc., a Texas corporation, 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.
Signature
►•"' DIANE M DURAN
a
Notary ID 0132015237
r
My Commission Expires el1Y V !, 0.v,—_
'�a•- May t5. 2023 Printed Name
Notary Public, State of TQXW
ACKNOWLEDGMENT
THE STATE OF�.
COUNTY OF t"• VGtfiil/G�
This instrument was acknowledged before Inc on this–Wday of l• 1�" 282DZv
by Laurie
Hadley, Round Rock City Manager, in the capacity and for the purposes tion therein indicated.
p10�4,,—Notary Public ipfand for the State ofTexas
ptyN
Ca
OF It
•'•.?62519 ••�
0
LANDSCAPE SCREEN WAIL
AND RETAINING WALL
r
r BLOCK Y
N
LANDSCAPE SCREEN WAIL,
AND RETAINING WALL
J
WITS OF ENCROACHMENT
J
J J
Y WASTEWATER EASEMENT
DOC, No. 2018081145 (O.P.R)
10
VIZCAYA, PHASE 5B BLOCK Y
DOC. NO.2018081145
(O.P.R.)
JW NO.
GATE
j CHECXW ► DRA%W
ell SMEEr 1 Of 1
rm
LANDSCAPE SCREEN WALL
AND RETAINING WALL
1
2020001476 Page 5 of 6
SCALE: 1"a 2W
xw or lar 2G'
VIZCAYA, PHASE 3C
DOC. NO. 2018080057
(O.P.R.)
LOT 21
Y
VIZCAYA, PHASE 5B
ROUND ROCK, TEXAS
ENCROACHMENT EXHIBIT
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2020001476 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020001476
Pages:6 Fee: $41.00
01/06/2020 01:24 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
JJEOUND saO` Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Taylor Morrison, Inc.
for the Vizcaya 5D & 7B Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 1/3/2020
Dept Director: Brad Wiseman, Planning and Development Services Director
cost: $0.00
Indexes:
Attachments: ENCR1907-0001 Wall -191202 Vizcaya Ph. 5D & 7B - Excuted doc
Department: Planninq and Development Services Department
Text of Legislative Fife CM -2020-002
This agreement acknowledges the HOA's perpetual maintenance responsibilities for a private
wall that was installed above a public wastewater line.
City of Round Rock Page 1 Printed on 1/3/2020