CM-2020-103 - 4/10/2020ELECTRONICALLY RECORDED 2020037100
Williamson County, Texas Total Pages; 8
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 Public Utility Easement recorded in Document No.
2007053552, 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,
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 Iimited to this particular request, and shall not be construed as
establishing any precedent whatsoever;
00440803/ss2
ENCIU002-0004
1,1N)-202..c - -IC3
2020037100 Page 2 of 8
(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
tennination 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
2020037100 Page 3 of 8
(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: �/ \ s? Z 6'Z 0
CITY
C4Laurieta4dle
ROUND ROCK, TEXAS
B uz
y, City Manag r
Date Signed: /0 '
[Acknowledgements on following page.]
2020037100 Page 4 of 8
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
Thisffisrurnent was acknowledged before me on this � day of _ 2020
by )`le(Name), as (Title) of
AVERITT E RFSS, INC., a Tennessee corporation, whose name is subscribed to the preceding
instrument, and acknowledged to me that he executed it for the purposes and consideration
expressed in it.
STATEOF
'
�ENNESSEE
NOTARY
PUBLIC '
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Nota�Publ i in and for the Sta of
My COMMISSION EXPIRES JUNE 26, 2023
ACKNOWLEDGMENT
This instrument was acknowledged before me on this /N/a-a-v of t 2020
by Laurie Hadley, Round Rock City Manager, in the capacityand for the purposes and
consideration therein indicated.
��ZPRYp�ee so '� 4NoPublic in an r the State of Texas
rF OF At
4
2020037100 Page 5 of 8
Exhibit "A"
;ASH & ASSOCIATES
SURVEYING • ENGINEERING ' ARCHITECTURE
"Serving the Commimity of Texas"
142 Jackson Lane
San Marcos, Texas 78666
Phone: 512-392-1719
ashandassociates.net
STATE OF TEXAS
COUNTY OF WILLIAMSON
0.003 ACRE EASEMENT
DAVID CURRY SURVEY ABSTRACT -130
BEING AN AREA TO BE PARTIALLY RELEASED FROM AND 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 1, 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 I Block A. United Auto Parts, a distance of 20.78 feet to a calculated point
from which a found iron rod at the southwesterly corner 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 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 68047131" West, a distance of 66.31 feet to a corner of the easement herein described;
2) North 21012'29" 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 68046159" 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 66.32 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 6.002 ACRES OF LAND.
2020037100 Page 6 of 8
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) & NA 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.
�M7' _
05/13/19
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
2020037100 Page 7 of 8
Exhibit "A"
I
N40187947.78 s ECTRUM AT CRYSTAL PARK COMMERCIAL CONDOMINIUMS 'C
+�1h1
L 1
fe,ea ACRES: A 7 T A 1 R L
-�----
E'�3131448.45 1/2 I.WF- - - - - - 48E 15' P.U.E. (1146)- -[� OJI + I e� % 0 4"3� S
68''OD" 592.14 �L , -I 0 .
�. �� — = ._ _ --�--=►�6fl:4fiC;� � 5g_� �3 - - - T _ -_--
.�
/ (PLAT �i17/3B3) 7.5 OV-ER I}�AS ELE ksy`M�(�AT�. ; 7 ,
LOT I
15 B.L. (816/046)
1
.,
/--------
�---------�f�l --- ---
s
D 30' 60' 120' X
W
�///"M
I (1NDART IN TABLES:
%J= p
h Pit
13
1
a
p
1 „ GRAPHIC SCALE: 1" = I20' 3
LINE TABLE
j i ti I�Is all
1A'L _j
LINE
REARING DISTANCE
REM,
tbi
B1
" E
1 #g I „� \I
I `� '�C41 a
l
LOT U__
N 15'5133 56. 5
11
CURVET
LE
i -
vlY Y11
LOT 6-r
CURVE
RAWus
ARC LENGTH
CHORD LENOTH
CHORD
REARING
J I
C1
37t
90'
241.37'
237.22
N
0' O 13 W
II
m
I1
374.901
12a1.4a
237.Z9N
02'37 52 w
I I
., N:
II19FJ5�A! 59Ji1 FJ 1 5�5�1Y151LJI I I II
L------------ I
D z J 5 5 2) 'i----�
_-�-
f A 5.
--------- ---F I ----I
r ler� I.I.
Ld�
:
Irills
f
I
I i
I
L —.- LOT 1
�`�r ' BLOCK A
1A y
4,
- n
W
1 G R E E N S Q U A R E II
15' DRAINAGE EASE:
12.97 ACRE9 i
LEGEND 112.98 ACRES)IRON PIPE FOUND
(ODC, /2w96W433'
"
n
LOT 5 �'II
Q 3
�I
IRON ROD FOUND
I
/ /
r
CDC-
♦ CAPPEDRKS 5687'
UND
D.E.
I I I
5
I J;;
oZ
OW
LdTa I_
404
® CALCULATEb POINT
(BRG.-OIST.) RECORD CALL
P 0 B POINT OF BEGINNING
II , AI �W No W I(OOC./ )I
Z4lgOWP
NOT
I
l
w -o
nr
,.,�u
D E DRAINAGE EASEMENT
Im a 01 k j
TO SCALE to a I �I
ry
_ to
I
J•
g
` i i
1k:
L2
I I it
LOT?
�mgnp�iull
I o a
=a
I
i
1-
P.
L4
E. L1
;,.
Z.
I -------- --�
�l
603.34' D.E. 20.7
g
1N1
/flC11
�zC41
TO BE YACATEO
(Doc.1LDNgo1,�,433)
j1°'I 1
0_j a
W e
o
� 1 ten-
I L 15' WATERLINE EASEMENT
i - - - - L
LOTt Y1 m
W +
I kLIUL I�069D35DTTj
1-
Ilb
1
�
II�
tO NOTE:
�i
j1m BEARING BASIS DERIVED BY
III GPS MEASUREMENTS ADIUSTED
:
Im BY HARM (HIGH ACCURACY
REFERENCE NETWORK) III
III PROJECTED TO TEXAS
t,
STATE
11 PLANE COORDINATES & NA063,
E
UNE a
RECTION
LT
47'31'W
u
'12'11'W
*NZI'12'29�
L3
'a6'S5'E
L4
Ia'57-E
TI
'12'29"M
>W 8
m yr
s�l`I
'q
"„i_l
rI
` J
C
11 LO1RE
L—AREADACRE
3
II
W
LOT12
P T�— -------------
---'�-T3
I S 68'47'31" W 704,IP
683.34' L1 T1
f/2TRF
(S ,6'a7'39" W 704.32')
�tOf1A 20.78
1�167 TO
J1)1T=J AUTO
EXHIBIT TO ACCOMPANY DESCRIPTION OF: I D u C 6
P ART a aU9J1716011
0=2297.09
BEING AN AREA TO BE PARTIALLY RELEASED FROM AN I G A a .
2 a a e D 2 a I� a>
e 99. a L . 2 0 8 )
EASEMENT SITUATED IN THE DAVISCURRY SURVEY,
ABSTRACT N0. 130, WILUCOUNTY, COUNTY, TEXAS, SAME
BEING OVER A PORTION OF GREEN SOUARE SUBDIVISION,
ASH
LOT 1, BLOCK A. RECORDED IN DOCUMENT NO. 2007053552
OF THE OFFICIAL PUSUC RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY
ASSS
A
OCIATE
DESCRIBED BY
METES AND BOUNDS ATTACHED.
G
RICHARD H. TAYLOR. DO HEREBY CERTIFY THAT THIS PLAT OF THE
5URVEYING PLANNING ARCHITECTURE
OF
°ROPCRTY SHOWN HEREON, WAS PREPARED FROM A SURVEY PERFORMED
142 JACKSON LANE
TINDER MY DIRECTION AND SUPERVISION DURING MARCH 21, ZD19, AND
SAN MARCOS, TEXAS 78666
�PS.+{i�sTtq�
S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF
1EVISEO PER COMMENTS 5/13/19. REVISED PER COMMENTS 71415 DATE,
(512) 392-1719
RICNARDTA
FAX (512) 392-1928
4 3988
as hondossoclutes.nnl
5 22 19 r�
/ / 9ti�°!6sa�D .l�
Su"Iny: 100847-00
11CHARD H. TAYLOR, RPLS DATE Q
AmhilsOurc 7X20240
IEGISTERED PROFESSIONAL LAND SURVEYOR SUR�`fi
UMBER 39M STATE OF TEXAS
SERVaYG IMF COawl>wnTY OF 7EXA5'
:ASH k ASSOCIATCS. L.L.C. _
ins �n I6-63e1-N...........-
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2020037100 Page 8 of 8
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020037100
Pages: 8 Fee: $49.00
04/13/2020 12.29 PM
'01-
fil �
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 PUE 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 Development Services Director
Cost: $0.00
Indexes:
Attachments: ENCR2002-0004 PUE .003 Averitt - 200323 Executed Doc
Department: Planning and Development Services Department
Text of Legislative File CM-2020-103
Averitt has numerous easements on the property. A pond in the back has walls that have
encroachments into some of the easements. The franchise utilities are agreeable to the pond
wall encroaching the PUE in this location. This document clarifies the landowner's
responsibilities to maintain the wall in this area of encroachment of the PUE.
City of Round Rock Page 1 Printed on 4/9/2020