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CM-2020-101 - 4/10/2020ELECTRONICALLY RECORDED 2020037113 Williamson County, Texas Total Pages: 11 ENCROACHMENT AGREEMENT This Encroachment Agreement, hereinafter "Agreement," is made and entered into between AVERITT EXPRESS, INC., a Tennessee corporation, whose current address is 1415 Neal Street, Cookeville, Tennessee 38502, 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 2200 Greenhill Drive, Round Rock, Texas, described as Green Square Subdivision, Lot 1, Block A, Williamson County, Texas (the "Property,,). B. City is the record holder of a Storm Sewer and Drainage Easement recorded in Document No. 2019066933, Green Square, Final Plat, 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 a pond wall, asset 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 conditions: strictly subject to the following (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; (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; 00440811/ss2 NCR2002-0001 2020037113 Page 2 of 11 (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 (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. 2 2020037113 Page 3 of 11 (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. OWNER AVER -ITT EXPRESS, INC. By: (Z Date Signed: I 10 2..0 CITY CITY O ROUND RO K, TEXAS By. Laurie Hadley, City Manager Date Signed: 7D20 [Acknowledgements on following page.] 2020037113 Page 4 of 11 ACKNOWLEDGMENT THE STATE OF COUNTY OF 'S mstcment was acknowledged before me on this day of c�(� by vo - , 2020, _ (Name), as Q. (Title) of AVERITT RESS, INC., a Tennessee corporation, whose ame is subscribed to the preceding instrument, and acknowledged to me that he executed it for the expressed in it. purposes and consideration Notary Pub c in and for the State of MY COMMISSION EXPIRES JUNE 26, 2023 ACKNOWLEDGMENT T IM STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this Jay of consideration therein indicated. 2020 by Laurie Hadley, Round Rock City Manager, in the capacity andAfor purposes and ���N�I�ullt►h/� - �ON�Qlleq, q�'otary 4 Publi and for the State of Texas o�p,RY pus '•� �OF'{��`�, P4 AS 4 Exhibit "A" 2020037113 Page 5 of 11 ;'� ;ASH & ASSQCIATES SURVEYING • ENGINEERING ' ARCHITECTURE "Serving the Community of Terns " 142Jackson Lane San Marcos, Texas 78666 Phone: 512-392-1719 ashandassociates.net STATE OF TEXAS COUNTY OF WILLIAMSON 0.002 ACRE EASEMENT DAVID CURRY SURVEY ABSTRACT -130 BEING AN AREA TO BE PARTIALLY RELEASED FROM AN EASEMENT SITUATED IN THE DAVIS CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY, TEXAS, SAME BEING OVER A PORTION OF GREEN SQUARE SUBDIVISION, LOT 1, BLOCK A, RECORDED IN DOCUMENT NO. 2007053552 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 inch iron rod found at the southeasterly corner of said Lot I, Block A, Green Square. same being the northeasterly corner of Lot I, Block A, United Auto Parts, recorded in Doc. No.2008020170, Official Public Records of Williamson County, Texas; and the west lot line of west lot line of Lot 12 Block H. of the re -subdivision of Chapel Hill North Section 3. as recorded in Doc. No.198900529. Official Public Records of Williamson County, Texas; THENCE South 68047'31" West (S68°47'39"W). along the common line of said Lot I, Block A. Green Square and the north lot line of Lot 1 Block A, United Auto Parts, a distance of 20.78 feet to a calculated point from which a found iron rod at the southwesterly comer of said Lot I, Block a, Green Squares, bears South 68°47'31 " West, a distance of 683.34 feet: THENCE North 21012'29" West, through and across said Lot I, Block A, Green Square, a distance of 7.76 feet, to the POINT OF BEGINNING, for the southeasterly comer of the easement herein described; THENCE continuing through and across said Lot 1, Block A. Green Square, the following courses and distances numbered (1) through (4): 1) South 680461591, West, a distance of 43.16 feet to a comer of the easement herein described; 2) North 21005128" West. to the north line of a 10 foot Public Utility Easement, as showed by said Plat recorded in Document No. 2007053552. of the Official Public Records of Williamson County Texas, a distance of 2.25 feet to a corner of the easement herein described; 3) North 68°47'31" East, along the north line of said 10 foot P.U.E. and crossing a 15 foot Drainage Easement. as recorded in Document No. 2007049292 of the Official Public Records of Williamson County Texas, a distance of 43.15 feet to a corner of the easement herein described: 4) South 21018'57" East, departing aforementioned 10 foot P.U.E., a distance of 2.24 feet to the POINT OF BEGINNING and CONTAINING 0.002 ACRES OF LAND. 2020037113 Page 6 of 11 Exhibit "A" BEARING BASIS HEREIN DERIVED BY GPS MEASUREMENTS ADJUSTED BY HARN (HIGH ACCURACY REFERENCE NETWORK) & PROJECTED TO TEXAS STATE PLANE COORDINATES (TEXAS CENTRAL ZONE) & NAD 83. I, Richard H. Taylor, do certify that this description and associated exhibit were prepared this date from a survey performed under my direction, and is true and correct to the best of my knowledge and belief. H 7, ~~~ �_ 05/ I3!199 Richard H. Taylor Date Registered Professional Land Surveyor No. 3986 State of Texas Attachment: Drawing of Proposed easement over 12.97 Acres of land Job: 16-6381-H Exhibit "A" 2020037113 Page 7 of 11 11*1G167947.78 5 ECTRUM AT CRYSTAL PARK COMMERCIAL CONDOMINIUM! E 4B.46 --`--- 18.ee ACp1131 15' P.U.E_I Ile �n YBTAL LP��AaaXyJ )} �.R—.F 'N 68'1e00' E 5f2.,Tgi _ i/—I�t�s4C�s a L 783 v0_'9 IF / —`` — — _ (I Za7%SBS) N_ bl3`4:avR►$'t- , (OTAY7 — — — — 3/6'I RR T - LOT 1 15 B.L (818/646) ,) ----------r- — — — — --� I I o s /ah - 1.15' WASTEWATER EASEMENT I I '-^— (DGc. .--------- f- ---- t K do Y-t ' WATER EAWEu / e o I I LOT Ix i 80UNDA I A OTATtON TABLES1I 1 I 11 0 30' 60' 120' 1 LINE TABLE 1 I1 11 GRAPHIC SCALE: I' a 12o' i LINE NE'SN06 E OISANCE„r /1 r N 15•51 33" E 56.55 I 01 I I m Z4.4 �I CURV TAB I N ( II LOT7�,, x CUB RADKm ARC No CHORD LENGTN CHORD BEARING Sn II 1 II C1 374.90 41.37 232. I LOTi m I I 374.80 41.44 237.28 N B 1 Wi IIS A 8 PC 0 �� A Ja ,� ll J ►J J'1) ) 1 J FJ �I �� u� 2 t rJf(J RAJ -^ C A S . I it II , LEGEND I IRON PIPE FOUND I ROD FOUND IRON - CAPPED RPLS 5687, PK FOUND CALCULATED POINT (BRC.-GIST.) RECORD CALL P.0.S. POINT DF BEGINNING I D.E_ DRAINAGE EASEMENT �I r-T III i �I \ TO BE VACATED II IS' WATERLINE EASEMENT I IOtf>r/-ta6ltDSSEY7j — file i— I m � 1 INOTE- Ir. BEARING BASIS DERIVED BY I 11.3 BYS HARNUR(HICGH ACCURACY Ilo REFERENCE NETWORK) a IIin PROJECTED TO TEXAS STATE I, i1 PLANE COORDINATES A NADe3. �. If--=.'Ka'18a BLOCK A (GREEN SOUAREI 12.87 ACRES 1 112.98 ACRESI 1 I i 1 15' 0 (DOC.#1m L----------- I _ ^ 1 ------------ 15' DRAINAGE (DOC. #1614 IWOW1 15' D.E. -d � WAm ilII(DOc.�lioAora4>rNJ I .4 1 NOT LINE TABLE TO SCALE 1 L[NatN mleECRON i I 43,1e' s4raYS4"w i Nre3ARE O 3.1Ne"31a rENCROACHME1 2.24' st*18,11 I 0.002 ACRE ----.; SEE DETAIL. ____ ____= ==44 I S 68'47'31 W 704.1 ' 683.i (S 69'47'39" W 704.32' EXHIBIT TO ACCOMPANY DESCRIPTION OF: U" 1 f a 0 D KWA o U T: i oA 11 e o i o 1 EMEN I S TUATEO 8N NNO AN AREA TO E PTHEIA DAVISLLY E�CURRY ASED FR SURVEY.OM AN a A e. E e. e L. 21 9STRACT N0. 130, WILLIAMSON COUNTY, TEXAS, SAME 'ING OVER A PORTION OF GREEN SOUARE SUBDIVISION, IT 1, BLOCK A. RECORDED IN DOCUMENT NO. 2007053552 TY 'XAS,E ANDMORE OFFICIALPUBLIC BLRECORDS PARTICULARLYY DESCRIBED BYE iTES AND BOUNDS ATTACHED. RICHARD H. TAYLOR. DO HEREBY CERTIFY THAT THIS PLAT Or THE )PERTY SHOWN HEREON. WAS PREPARED FROM A SURVEY PERFORMED DER MY DIRECTION AND SUPERVISH)N DURING MARCH 21. 2019, AND TRUE AND CORRECT TO THE BEST DF MY KNOWLEDGE AND BELIEF. USED PER COMMENTS 5/13/1e, REVISED PER COMMENTS THIS DATE. -,)7; _/� s/Z2/19 LARD H. TAYLOR, RPLS DATE STEREO PROFESSIONAL LAND SURvEYOp DER 3988 STATE OF TEXAS SH d ASSOCIATES. LL.C. LAN EMENTr yx I LOT s > � In aP LOT II F. cmir�e O1 J O r C rb WI1 �I Lori pmme-C ISI I$k I u m Iy I I '/GQoee LOT d Wam c r I I ■I L37r e Ll I I LOT* , r 4 ' T1 2D,78'� 111k1D167�99.70 ASH & ASSOCIATES SURVEYING . PLANNING , ARCHITECTURE 142 JACKSON LANE SAN MARCOS, TEXAS 76666 (512) 392-1719 FAX (512) 392-1923 ashandossaclotes.net SurwOA2-. 100547-00 Archllecluro. TX20240 'SERAW FNE COMNOWrY Of rEXAS" 8 Np,ib-e381-NORAMN BY:- MAM ra_ FtE RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation Exhibit "A" 2020037113 Page S of 11 '"ASH & ASSOCIATES SURVEYING • ENGINEERING • ARCHITECTURE "Sen'ing the Community of Texas " 142 Jackson Lane San Marcos, Texas 78666 Phone: 512-392-1719 ashandassoc i ates. net STATE OF TEXAS COUNTY OF WILLIAMSON 0.016 ACRE EASEMENT DAVID CURRY SURVEY ABSTRACT -130 BEING AN AREA TO BE PARTIALLY RELEASED FROM AN EASEMENT SITUATED IN THE DAVIS CURRY SURVEY, ABSTRACT NO. 130, WILLIAMSON COUNTY, TEXAS, SAME BEING OVER A PORTION OF GREEN SQUARE SUBDIVISION, LOT 1, BLOCK A, RECORDED IN DOCUMENT NO. 2007053552 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 5/8 inch iron rod found at the northeasterly corner of said Lot l . Block A. Green Square. same being the northwesterly corner lot line of Lot 1, Chapel Hill North Section 3, recorded in Doc. No.198434992. Official Public Records of Williamson County, Texas; THENCE South 21018'30" East (S21*17'50"E Record), along the common lot line of said Lot 1, Block A, Green Square and said Lot 1, Chapel Hill, a distance of 329.59 feet to a calculated point, from which a 1/2 inch iron rod found at the southeasterly corner of said Lot 1, Block A, Green Square, bears South 21'18'30" East, a distance of 489.57 feet; THENCE South 68041'30" West, through and across said Lot I, Block A, Green Square, a distance of 12.75 feet, to the POINT OF BEGINNING, for the northeasterly corner of the easement herein described; THENCE continuing through and across said Lot I, Block A, Green Square, the following courses and distances numbered (1) through (4): 1) South 21018'30" East, a distance of 318.89 feet to a corner of the easement herein described; 2)South 690411441, West, to the easterly line of the 15 foot Drainage Easement, recorded in Vol.1247, Pg.383 and 15 foot Building Line, recorded in Vol.816, Pg.846, of the Official Public Records Williamson County.Texas, a distance of 2.24 feet to a corner of the easement herein described; 3) North 21°18' 16" West, along the easterly line of said 15 foot Drainage Easement and 15 foot Building Line. a distance of 318.90 feet to a corner of the easement herein described; 4) North 68054'32" East, departing said 15 foot Drainage Easement and 15 foot Building Line. a distance of 2.22 feet to the POINT OF BEGINNING and CONTAINING 0,016 ACRES OF LAND. Exhibit "A" 2020037113 Page 9 of 11 BEARING BASIS HEREIN DERIVED BY GPS MEASUREMENTS ADJUSTED BY HARN (HIGH ACCURACY REFERENCE NETWORK) & PROJECTED TO TEXAS STATE PLANE COORDINATES (TEXAS CENTRAL ZONE) & NAD 83. 1, Richard H. Taylor, do certify that this description and associated exhibit were prepared this date from a survey performed under my direction, and is true and correct to the best of my knowledge and belief. (- /-�M � �7 -/1 . - - � Richard H. Taylor — 05/13/19 Registered Professional Land Surveyor Date No. 3986 State of Texas Attachment_ Drawing of Proposed easement over 12.79 Acres of land Job: 16-6381-H Exhibit "A" 202OD37113 Page 10 of 11 N1DI6M47,76 S ECTRUM AT CRYSTAL PARK COMMERCIAL CONDOMINIUM! �313{44B_�I —_--_ 10.08 ACRB8) Ca70TAl PA 7F. / �I R F— — .... — — _ TN 60'l0'00' E 992.14 15=P=�....(.it— —f� 0� ♦ 18��! IC a. Z,' OL. �TAa-H =N Bfi'4B OB" E 591.43' - T 1i347i/ A3) T.5 07ER iTE/ii ML- I3'A11-(II[A9)7 — — — LOT ' 1S' B.L (IT101040) � I 1,15' WASTEWATER EASEMENT - �--------- f ;f------. }Y (Doc. wtet�o1�435)I - 13' WATER EASEMENT I m (DOC. ar �qg� 1 1_ 1 I LOT' l s } K I „ I a• v L J�l 0 30' o' 120' 1 / ' Ito Fn I 1" J w(�IR N Cl I n GRAPHIC SCALE: 1' c 120' I 1 flCn 1 of LOT 3 I f f i i 1 Ufa 4 1 1 �- -- ^►'bT 1113F1 lyAl dIIIAi3 1�.IJ9nJy1�JCJ>1 i ul II'^ Izy►� 11 I I o I I I A y. J J, zj J J 1 r —--- I I 1 I i i � AREA OF ---—I-f LOT 1 ENCROACHMENT II LI 11 BLOCK A 0.016 ACRE ---- IWfOREEN SOUAREI I 11 1 2, 9 7 ACRES 1 15' DRAINAGE EASEM 1ST r LOT 0 LEGEND 112.99 ACRES) I (Di I=O19�b�1%? II t� I (�jr `�� ♦ WON PIPE FOUND I I N CC I IRON ROD FOUND I I ,Nr� - r I IRON ROD SET LINE TABLE 1 !/ I I s b b _ CAPPED •RPLS 5607• ro DO mS I CALCULATED POINTIll D UN[ 1 LENGTH 01RECTtOtI i // I ' e ' O� LOTS ,iIn I I (BRG -D15T) RECORD CALL L1 313.02' 521' 10'JO'E a """111 P,O U POINT OF BEGINNING J1 I D.E DRAINAGE EASEMENT 2a4 51R41'44'tp arm .3U3 I E� 13 9u.eo' N2ttIPIe'w i J//� I I,� I ap r_• u � ,u mN'9i coo I 1 1 l4 2.22' Nee's1'32•E 1 / mrvlr 171 vL wm=o.t til t i i n Iz7s 9eIrv1'w•,r ' / WuI I � I LOT? Zry S bet I l BDUNDARirANNOT�t'14NJ{A LES , Wp �1 \ `f,- _ TO BE VACATED 1 UNE 9EA.�II wl7� ro�T BNDeE 1i -P1T 1 1ssD Lars`(D63IMSSU" --- IS51 33' E 1$ ' CURVE TABLE itADIUO ARC LEHGTH CHORD NOTN CN BEAAtI'IG ^I 1 ( �- Ilu NOTE: CI 374.90 241.3 23 .22 N tYJ'301 W el IIm BEARING BASIS DERIVE. BY !74. 0' 4144 7,]7,29' N D2'37'32 W a ILv CPS MEASUREMENTS ADJUSTED 1 BY HARM (HIGH ACCURACY 1 1 t1 llm REFERENCE NETWORK) a I I I l all LOTR PROJECTED TO TEXAS STATE PLANE COORDINATES B NAD63. 11-----------------------� 1==== 6.4 (B1B/g4� l 11 uTu , 1 S 68'47'31 " W 704.1 LOT I 1/21.4 F B'47'1 (S B39" W 704,3I'�, BLS A EXHIBIfi TO ACCOMPANY DESCRIPTION OF: U N I T R 0 0 n L T a a u 0 1 o iy Q L1 1 1 0 o n 1=3 Ob BEING AN AREA TO BE PARTIALLY RELEASED FROM AN f I: A e , 9 A , a L , 9 D s 1 EASEMENT SITUATED IN THE DAVIS CURRY SURVEY, CT N0. 130, WILLIAMSON COUNTY, TEXAS, SAME BEINGABSTRASH BEING OVER A PORTION OF GREEN SQUARE SUBDIVISION, LOT 1, BLOCK A. RECORDED IN DOCUMENT NO. 2007053552 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY ASSOCIATES WETES AND BOUNDS ATTACHED. RICHARD H. TAYIl 00 HEREBY CERTIFY THAT THIS PLAT OF THE OF SURVEYING PLANNNG.ARC"rYECTUIT! :ROPEM SHOWN HEREON, WAS PREPARED FROM A SURVEY PERFORMED p� Y'0° 142 JACKSON LANE INOER MY DIRECTION AND SUPERVISION CURING MARCH 21, 2019, AND L{6 qs SAN MARCOS, TEXAS 76566 S TRUE ACORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. IEVISED PER COMMENTS 51All/1]/19. REVISED PER COMMENTS TNIS DATE RICHAHDTA (512) 392-1719 •-mow' FAX (512) 392-1928 - ashondasisoclats9,nsl ��" 5/z2/t9 9'�9D 3888Dr� ICNARD N. TAYLOR. RPLS DATE ti�w PBS �� SUrvOYInp: 9D0647-00 EGISTERED PROFESSIONAL LAND SURVEYOR Surveying: : 11 TX2D- 0 LUMBER 399e STATE C. TEXAS 75ERI FNE COA/AR/A4rT OF rcx45' �J:ASN A: A33CKXATES, LLC. Jae uo-1e-63sl-N, ,., LIAM __ — RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation 2020037113 Page 11 of 11 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2020037113 Pages: 11 Fee: $65.00 04/13/2020 12:39 PM rry xs! •�•H.SU% Cu: Nancy E. Rister,County Clerk Williamson County,Texas City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing an Encroachment Agreement with Averitt Express, Inc. for encroachment into a portion of the City's Storm Water and Drainage Easement for the Averitt Express project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/10/2020 Dept Director: Brad Wiseman, Planning and Decvelopment Services Cost: $0.00 Indexes: Attachments: ENCR2002-0001 .002ac Drg. Averitt - 200323 Executed doc Department: Planning and Development Services Department Text of Legislative File CM-2020-101 Averitt has numerous easements on the property. A pond in the rear of the property has walls that have encroachments into some of the easements. The Utilities Director is agreeable to the pond wall encroaching the drainage easement in this location. This document clarifies the landowner's responsibilities to maintain the wall in this area of encroachment of the City drainage easement. City of Round Rock Page 1 Printed on 41912020