CM-2020-104 - 4/10/2020ELECTRONICALLY RECORDED 2020037099
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 Water Line Easement recorded as Document No.
2019066934 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;
00440789/ss2
EN R2002-0003
2020037099 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.
2
2020037099 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. 1
Date Signed:
CITY
C4zaager
TEXAS
B
Date Signed: D' O U
[Acknowledgements on following page.]
3
2020037099 Page 4 of 7
ACKNOWLEDGMENT
THE STATE OF
COUNTY OFPA IJCV\,
Thi trument was cl owl dged before me on this $ day of j ` ) 202p
by (Name), as G �_ ,
(Title) of
AVERITT EXP S, INC., a Tennessee corporation, whose nafne is subscribed to the preceding
instrument, and acknowledged to me that he executed it for the purposes and consideration
expressed in it.
��. STATEor-
.{ENNEgSEE _
I.NOTARY Notary Publ' in and for the qStaa of
ptSBLIC
Tro MY COMMISSION EXPIRES Ad 26, 2023
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this aay of 2020,
by Laurie Hadley, Round Rock City Manager, in the capacity and fo the purposes and
consideration therein indicated.
Notary Public in or die'State of Texas
4
Exhibit "A" 2020037099 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 518 inch iron rod found at the northeasterly corner of said Lot 1. Block A. Green Square,
same being the northwesterly corner lot line of Lot I, 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 I, Block A,
Green Square and said Lot I, Chapel Hill, a distance of 345.01 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 473.16 feet;
THENCE South 68041'30" West. through 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 1, Block A, Green Square, the following courses and
distances numbered (1) through (4):
1) South 21018' 19" East, a distance of 15.00 feet to a corner of the easement herein described:
2) South 68054'32" West, a distance of 5.00 feet to a corner of the easement herein described;
3) North 21018,191, West, a distance of 15.00 feet to a corner of the easement herein described;
4) North 68054132" East, a distance of 5.00 feet to the POINT OF BEGINNING and CONTAINING 0.002
ACRES OF LAND.
2020037099 Page 6 of 7
Exhibit "A"
N:10167947.76
E=1448.45
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CALCULA7ED POINT
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O.E. DRAINAGE EASEMENT
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L><n1en1 1U ACCOMPANY DESCRIPTION OF:
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
MERICHARAND
N.BTTAYWR ATTACHED.0 RBY CERTIFY THAT THIS PLAT OF THE
PROPERTY SHOWN HEREON, WAS PREPARED FROM A SURVEY PERFORMED
UNDER MY DIRECTION AND SUPERVISION DURING MARCH 21, 20I9, AND
S TRUE AND CORRECT TO THE LEST DF MY KNOWLEDGE AND BELIEF
REVISED PER COMMENTS 5/13/19, REVISED PER COMMENTS THIS DATE.
5/22/19
RICHARD H. TAYLOR, RPLS PATE
RED PROFESSIONAL LAND SURVEYOR
13286 STATE OF TEXAS
k ASSOCIATES, L.L.C.
IaDe . 200d625ffsT! "-"� E�132MAS
ICA9, 99, 9L. 2081
Ej ASH &
ASSOCIATES
SUIVE Y ING - PLANNING - ARCHRECTURE
142 JACKSON LANE
5AN MARCOS, TEXAS 78666
(512) 392-1719
TAX (512) 392-1528
ashandassacjates.net
Survayin9t 100847-00
ArChItmeturs: TX20240
SERVMA; W CCWIVMiY OF TEXAS'
a NU:16-6301_KDRawu sr. MAM_ _ra. FRJ
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2020037099 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020037099
Pages:7 Fee: $45.00
04/13/2020 12:29 PM
•1ti4.SU��II.
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 Water Line 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 Development Services Director
Cost: $0.00
Indexes:
Attachments: ENCR2002-0003 WL .002 Averitt - 200323 Executed Doc
Department: Planning and Development Services Department
Text of Legislative File CM-2020-104
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 water 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