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CM-2020-102 - 4/10/2020ELECTRONICALLY RECORDED 2020037101 Williamson County, Texas Total Pages: 7 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 Wastewater Easement recorded as Document No. 2019066935 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 a pond wall, 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) 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; 00440795/ss2 ENCM002-0002 (&1,1,V20-/o2 2020037101 Page 2 of 7 (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. W 2020037101 Page 3 of 7 (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 AVERITT EXPRESS, INC. By: Date Signed: 3 �� 7_6 Zo CITY CITY OF ROUND ROCK, TEXAS By Laurie Hadley, i Manager Date Signed: _ 4 %0.2yaC [Acknowledgements on following page.] 2020037101 Page 4 of 7 ACKNOWLEDGMENT THE STATE OF ____7-l COUNTY OF 9Av�-1 This ' strument w acknowledged before me on this b day of 2020, , by (Name), as (Title) of AVERITT EXP S, INC., a Tennessee corporation, whose Lame is subscribed to the preceding instrument, and acknowledged to me that he executed it for the purposes and consideration exvressed in it. ""A(I11RPy''��i,, STAFF NOTr Vg4 THE STATE OF TEXAS COUNTY OF WILLIAMSON Notary Public in and for the MY COMMISSION EXPIRES JUNE 26,202, RECORDERS MEMORANDUM ACKNOWLEDGMENT qW or part: of the text on this page Has not clearly legible rorsatisfactorw recardanon This instrument was acknowledged before me on this j#kday ofk 2020by Laurie Hadley, Round Rock City Manager, inthe capacity and purposes and consideration therein indicated. �,11111u1uuf�q�7 0 qzY plea ••.. '% Notary Public in an r the State of Texas S cP y S OF 11111�NN�`LOP 4 Exhibit "A" 2020037101 Page 5 of 7 ;'ASH & ASSOCIATES SURVEYING • ENGINEERING ' ARCHITECTURE "Serving the Community of Texas" 142 Jackson 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 5/8 inch iron rod found at the northeasterly corner of said Lot 1. Block A, Green Square, same being the northwesterly comer lot line of Lot I, Chapel Hill North Section 3, recorded in Doc. No.[ 98434992, 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 I, Block A, Green Square and said Lot I. Chapel Hill, a distance of 291.89 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 526.28 feet; THENCE South 68*411301, 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 comer 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 21°18'19" East. a distance of 15.00 feet to a corner of the easement herein described, 2) South 68154'32" West. a distance of 5.00 feet to a corner of the easement herein described; 3) North 21°18'19" West, a distance of 15.00 feet to a corner of the easement herein described; 4) North 68154'32" East. a distance of 5.00 feet to the POINT OF BEGINNING and CONTAINING 0.002 ACRES OF LAND. 2020037101 Page 6 of 7 Exhibit °A" N40167947.76 EOtKi1448.46 GRAPHIC S I� 1 if /SffECTRUM AT CAYBTAL PARK COMM9ACIAL CONDOMINIUMS L97 C A 2 1 T A L P A A R L I+.e+ ACREBI t5_P�iLt!�— I p Q.F L e� o �a Q.R.F.— — — — — — IN '&78*OD- E S9''F.1 s) I c A a . 3L1 , Z A - fa �--------- _ _ �- — — — — _N 89:4 'off' sQ] �3 — — — - -- --1 9/0 1 A c LOT 1 (12A7�/Se3)S OR'NEA-6 ECCC. E'3`Mf(1LAY7�� — 7' .- i5 9 L (8T6/SAGT. I - IF rn� i J ^,psi l i l � t2�"• ! I Iv e 1Uni- 20' � 'f 1 ?Z0 in ratir ?� 3g •m,�l II o� LOT7-4d- - i� t 1 1 Iwiyl u I ItY -- f I f« I I LOT A m M T 1 m V I I I I arc rO 0�0 1 L------------ I i 0`� Pc, ARF Lk LINE TABLE LINE 1 LENOTH DIRECTION L, 19.00' S21'10'I+'E 1Z 0.00' SOW54'12•W L! I5-a0' N21'le'10'W L 5.00' NOe'S4'32-E TI 12.75' 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 ATTACHED. I, RICHARD H. TAYLOR. DO HEREBY CERTIFY THAT THIS PLAT or THE PROPERTY SHOWN HEREON, WAS PREPARED FROM A SURVEY PERFORMED UNDER MY DIRECTION AND SUPERVISION DURING MARCH 21, 2012. AND 5 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. REVISED PER COMMENTS 5/13/19. REVISED PER COMMENTS THIS DATE. 7 H. TAYLOR. RPLS :RED PROFESSIONAL LAND SURVEYOR 1 3985 STATE OF TEXAS A ASSOCIATES. L.L.C. 5/22/11 DATE I u U 6 A 0 00 0 2 a 1 7 0 1 ICA11. E2. 0L. 1081 r -p x 1EMT 61 Lot tir -- r i I(la� LIDT0� LOhrb 0;11 LTT «`°�b- ate pwbilal I I IC! M 4` MCI bal' i, LOT+ ce. 1 I mll r [ I I I LOT I! go I I LOT 12�, - 1/2%Rr Ej ASH & ASSOCIATES SURVEYING PLANNING, ARCHITECTURE. 142 JACKSON LANE SAN MARCOS. TEXAS 76566 (512) 392-1719 FAX (512) 392-1920 ashondaa+ociales. nel Sur-Ying', 100547-00 ArehlNetur+: T920240 'SERI YC rME COMMUNI rY OF rEXAS, e ro-1+`+381-Hnu,.., ... MAU — rrU RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation 2020037101 Page 7 of 7 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2020037101 Pages:7 Fee: $49.00 04/13/2020 12:29 PM S AI�OF Nancy E. Rister,County Clerk Williamson County,Texas City of Round Rock IROUND ROCK xASAgenda Item Summary Agenda Number: Title: Consider executing an Encroachment Agreement with Averitt Express, Inc. for encroachment into a portion of the City's Wastewater Easement for the Averitt Express project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/10/2020 Dept Director: Brad Wlseman, Planning and Development Services Director Cost: $0.00 Indexes: Attachments: ENCR2002-0002 WW Averitt Express - 200323 Executed Doc Department: Planninq and Development Services Department Text of Legislative File CM-2020-102 Averitt has numerous easements on the property. A pond in the rear has walls that have encroachments into some of the easements. The Utilities Director is agreeable to the pond wall encroaching the wastewater line easement in this location. This document clarifies the landowner's responsibilities to maintain the wall in this area of encroachment of the City wastewater line easement. City of Round Rock Page 1 Printed on 41912020