CM-2020-003 - 1/3/2020ELECTRONICALLY RECORDED 2020001717
Williamson County, Texas Total Pages: 6
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
COTTAGES AT MEADOWLAKE, LLC, a Texas limited liability company, hereinafter
referred to as the "Owner," whose address is 111301ollyville Road, Suite 304, Austin, Texas
78159, 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 3017 Settlement Drive, 78664, described as
a 16.50 acre tract of land out of George W. Glasscock Survey, Abstract No. 267,
Williamson County, Texas (the "Property').
B. City is the record holder of a Stone Sewer and Drainage Easement recorded in Final
Plat Document No. 2017108537 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 private storm
sewer, landscaping and sidewalk improvements within the Easement Area, as set forth
in Exhibit "A," 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 folluwilrg
conditions.
(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 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;
004354071ss2
ENCR 1910.0001
e�,t_Zoa 0-6��
2020001717 Page 2 of 6
(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,
(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, Iiability, 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) ofthe
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
2
2020001717 Page 3 of B
(10) Relative to any subsequent purchaser of the Property and/or the
Encroaching Structure, the Owner expressly agrees to adequately inform
any such purchascrof the existence of this Agreement and provide a copy
of same.
(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 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.
COTTS AT MEADOWLAKE, LLC
By:
Date Signed: Iq
CITY
City o ound Rock, Texas
B.
Laurie Had ey, City Man er
Date Signed: I --:3'2C7
(acknowledgements on following page)
ACKNOWLED M NT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
2020001717 Page 4 or 8
T 's instrument was acknowledged before me on this! day of , 2019,
by(Name), as Ufa-kNr C &g c%�dm-C,t`n•, (Title) of
COTTAGES AT MEADO LAKE, LLC, whose name is subscri d to the preceding
instrument, and acknowledged to me that he executed it for the purposes and consideration
expressed in it.
otarybli�innnd for th�Statc of -xas
11 +�,grpi,�,� CRYSTAL GIGLIO
%6 Notary Public, State of Texas
`;:,, +ems Comm. Expires 04.21-2021
'�n °; ,:�- Notary ID 121080202
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
d
This instrument was acknowledged before me on this qriqday o 't,wov 200
by Laurie Hadley, Round Rock City Manager, in the capacity and #r the pu oses and
consideration therein indicated.
Notary Publi and for the State of Texas
4
2020001717 Page 5 of 6
Exhibit "A"
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RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2020001717 Page 6 cf 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020001717
Pages: 6 Fee: $45.00
01/07/2020 09:37 AM
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
OU
ILXFAS
OCK
Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Cottages at
Meadowlake, LLC for the Cottages at Meadowlake 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: ENCR1910-0001 SS & DRG Onsite Cottages at Meadowlake - 191126
executed doc
Department: Planning and Development Services Department
Text of Legislative File CM -2020-003
A private stormwater line was installed that encroaches into a public drainage easement that
contains floodplain. This agreement clarifies that it is the owner's responsibility to maintain this
private stormwater improvement in the public easement.
City cf Round Rock Page 1 Printed on 11312020