CM-2020-115 - 4/24/2020FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
;= Dana DeBeauvoir, County Clerk
Travis County, Texas
Apr 27, 2020 04:37 PM Fee: $44.00
ENCROACHMENT AGREEMENT 2020066757
*Electronically Recorded*
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
GOLDFINCH — RR PROPERTIES, LLC, a Delaware limited liability company, whose address is 400
Perimeter Center Terrace, Suite 800, Atlanta, Georgia 30346, 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 described as 11.909 acres out of Lot IB, Block B,
Replat of Lot 1, Block `B" Leif Johnson Subdivision, a subdivision in Travis County,
Texas (the "Property").
B. City is the record bolder of a Water Line Easement recorded as Document No.
2018005937 of the Official Public Records of Travis 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 retaining
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;
00442349/ss2
ENCR1902-0003 Rooms to Go Expansion
A4- 2620--05-
2020066757 Page 2 of 5
(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 ofthe existence of this Agreement and provide a copy
of same.
2020066757 Page 3 of 5
(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
GOLDFIN RR PROPERTIES, LLCM /Q
By: <^ V 1
Date Signed:
CITY
CITY OF OUND ROCK, TEXAS
By:
Laurie Hadley, City &anagger
Date Signed: ! - J" 7 . -->"
[Acknowledgements on following page.]
2020066757 Page 4 of 5
ACKNOWLEDGMENT
THE STATE OF � 100 CG—
COUNTY OF f-11 NI bglgqsk
This instrument was acknowledged before me on t is T day o , 2020,
by �` 11 �, S%te� (Name), as Vl (�— C,SICL (Title} of
GOLDFINCH — RR PROPERTIES, LLC, a Delaware limited liability company, whose name is
subscribed to the preceding instrument, and acknowledged to me that he executed it for the
purposes and consideration expressed in it.
Notary Public in and for State of om
-m4v � Notary Public State of Florida
Donna S. Reagan
My Commission GG 147523
Vo„.d; Expires 11124/2021
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this 2,"?day of ��" 2020
by Laurie Hadley, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated.
�c tIE AD44*1 �
O�PR� PUBI�c ;• % 4Notaryublic ' d for the State of Texas
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2020066757 Page 5 of 5
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EXHIBIT A
SCALE:1 "=30'
W
s
NORTH
0 30' 60'
11
SCALE: 1 " = 30'
IN THE EVENT THAT LINE
MAINTENANCE NEEDS TO BE
CONDUCTED, THE CITY OF
ROUND ROCK IS NOT
RESPONSIBLE FOR DAMAGES
TO OR REPLACEMENT OF
WALL.
CHECKED BY -
CLIENT INFORMATION
ROOMS TO GO EXPANSION
JOB NUMBER; r ISSUE DATE: CONSULT Nl� 1(b g(g.%p
181-451 SHEET: CK, 07/24/19 CITY OF ROUND ROWIWAMSON COUNTY, TX
KIMBELL I BRUEHL I GARCIA I ESTES
EXHIBIT I
3711 S. Mopac Expy, Bldg I, Suite 550, Austin, Tx 78746
T (S 12) 439-0400 www.kbge-eng,com
TBPE No.F-12802
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Goldfinch - RR
Properties, LLC for encroachment into a portion of the City's Waterline
Easement for the Rooms to Go Expansion Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/24/2020
Dept Director: Brad Wiseman Planning and Development Services Director
Cost: $0.00
Indexes:
Attachments: ENCR1902-0003 Wall Rooms to go Exapansion - 200415 Executed Doc
Department: Planninq and Development Services Department
Text of Legislative File CM-2020-115
This is an encroachment of private retaining wall in a City water easement. The Utilities director
is agreeable to the encroachment. This agreement clarifies that the private ownership, and not
the City, is responsible for maintenance and upkeep of the private structures.
City of Round Rock Page 1 Printed on 412312020