CM-2020-016 - 1/17/2020ELECTRONICALLY RECORDED 2020006303
Williamson County, Texas Total Pages: 7
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
PERFORMANCE SERVICES REAL ESTATE 4, LLC, an Indiana limited liability company,
hereinafter referred to as the "Owner,' whose address is 4670 Haven Point Boulevard, Suite 200,
Indianapolis, Indiana 46280, 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 801 East Old Settlers Boulevard, Round
Rock, Texas, 78664, described as a 0.064 acre tract of land out of David Curry Survey,
Abstract No. 130, Williamson County, Texas (the "Property).
B. City is the record holder of a Stone Sewer and Drainage Easement recorded in Mesa
Creek 01 Final Plat Document No. 2017087746 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 scour
protection, rock riprap, a cross -access drive and associated drainage infrastructure
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 following
conditions.-
(1)
onditions.
(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;
00437222/ss2
L'NCR 1911-0001
67,AY-2020-060
2020008303 Page 2 of 7
(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 (38) 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
2020006303 Page 3 of 7
(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 l) 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.
OWNER
PERFORMANCE SERVICES REAL ESTATE 4,
LLC
By:
Date Signed: --D; �- Z� ,2 etq^
CITY
City of and Rock, Texas
By:
Laurie Hadley, tdy Manager
Date Signed: / -1 -1 -- 2 & 2-D
(acknowledgements on following page)
ACKNOWLEDGMENT
THE STATE OF INDIANA
COUNTY OF MARION
2020006303 Page 4 of 7
This instrument was acknowledged before me on this 27th day of December, 2419, by
Russell M. Webb III, as Secretary of PERFORMANCE SERVICES REAL ESTATE 4,
LLC, an Indiana limited liability company, whose name is subscribed to the preceding
instrument, and acknowledged to me that he executed it for the purposes and consideration
expressed in it.
HANNAH LINDSEY SCOTT
Notary Public - Seal
Marlon County - Stab of Indiana
Commission Number HP0719158
My Commission Expires Alar 14, 2027
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
I%Ury Public in an tate of Indiana
ACKNOWLEDGMENT
This instrument was acknowledged before me on thisday rvt o 201'4,
by Laurie Hadley, Round Rock City Manager, in the capacity and the purposes and
consideration therein indicated.
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Exhibit "A"
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RECORDERS MEMORANDUM
All or parts of the text on this page was not
dearly legible for satisfactory recordation
Exhibit "A"
E. OLD SETTLERS BLVD
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2020006303 Page 6 of 7
0 4U' BU' 160,
SCOUR PROTECTION EXTENDS INTO
THE DRAINAGE AND STORM SEWER
EASEMENT AT THESE 3 LOCATIONS
2020006303 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020006303
Pages:7 Fee: $49.00
01/21/2020 12:48 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
PEALS Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Performance
Services Real Estate 4, LLC for the Mesa Creek Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 1/17/2020
Dept Director: Brad Wiseman, Planning and Development Services Director
Cost: $0.00
Indexes:
Attachments: ENCR1911-0001 Mesa Creek - 200106 Executed Doc
Department: Planning and Development Services Department
Text of Legislative File CM -2020-016
This document allows encroachment of some private improvements in our public drainage
easement. It also clarifies the owner's responsibility to maintain the private encroachments.
City of Round Rock Page 1 Printed on 1/46/3020