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
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II IS' WATERLINE EASEMENT I
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11.3 BYS HARNUR(HICGH ACCURACY
Ilo REFERENCE NETWORK) a
IIin PROJECTED TO TEXAS STATE I,
i1 PLANE COORDINATES A NADe3. �.
If--=.'Ka'18a
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(GREEN SOUAREI
12.87 ACRES 1
112.98 ACRESI
1
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15' DRAINAGE
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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.
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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
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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
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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
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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