CM-2020-117 - 4/24/2020FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
18
Dana DeBeauvoir, County Clerk
Travis County, Texas
Apr 27, 2020 04:37 PM Fee: $44.00
ENCROACHMENT AGREEMENT
2020066758
*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 1B, Block B,
Replat of Lot 1, Block `B" Leif Johnson Subdivision, a subdivision in Travis County,
Texas (the "Property").
B. City is the record holder of a ten (10) foot Public Utility Easement recorded as
Document No. 2019068038 of the Official Public Records of Travis County, Texas
(the `Basement 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 irrigation
back -flow prevention improvements 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;
00441375Jss2
NCR2001-0002 Rooms to
2020066758 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 of the existence of this Agreement and provide a copy
of same.
2020066758 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
GOLDFINCH PROPERTIES, LLC
By:
Date Signed:
CITY
CITY OF OUND ROCK, TEXAS
-
By: �� 4Au
Laurie Hadley, City Manager
Date Signed:
[Acknowledgements on following page.]
91
2020066758 Page 4 of 5
ACKNOWLEDGMENT
THE STATE OF i�lOhA C-
COUNTY OF 141 t�Gboi ru ost-)
by �Thi nstrt.m t as acknowledged before me on this i L' day of 2020
�1 Z .- � (Name), as _ 1/�C.a.j � (Title) of
GOLDFINCH — RR PROPERTI]ES, 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.
Y
Notary Public State of Florida
Donna S. Reagan My Commission GG 147523
Expires 11/24/2021
THE STATE OF TEXAS
P�UPub`licinnd for State of
ACKNOWLEDGMENT
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on thi t day of 2020
by Laurie Hadley, Round Rock City Manager, in the capacity and*orthe-
purposes and
consideration therein indicated.
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otary Public in an or the State of Texas
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2020066758 Page 5 of 5
Exhibit "A"
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 Public Utility
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: ENCR2001-0002 PUE Rooms to Go Expansion - 200415 Executed doc
Department: Planninq and Development Services Department
Text of Legislative File CM-2020-117
This is an encroachment of a public utility easement (PUE) by a private irrigation system
backflow preventer. The Utilities director and franchise utility owners are 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.
WrY or Round Rock Page 1 Printed on 412412020