CM-2020-119 - 5/1/2020 ELECTRONICALLY RECORDED 2020045799
Williamson County, Texas Total Pages: 6
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between 405
EAST MAIN, L.L.C., a Texas limited liability company, whose address is 409 Sinclair Ave., Austin,
Texas 78756, and the CITY OF ROUND ROCK, TEXAS, hereinafter the "City," a municipal
home-rule corporation whose address is 221 East Main, 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 1.671 acres of real property located at 405 East Main Street,
Round Rock, Texas described as Woodbine Mansion,Block A,Lot I (the"Property").
B. City is the record holder of a Public Utility Easement described in Document No.
2018089725 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 a storage shed at the location
within the Easement Area as shown 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 thefollowing
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;
(6) The parties expressly agree that the City and other public utilities have
full authority in an emergency to remove the Encroaching Structure, and
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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
2020045799 Page 3 of 6
(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.
O"ER
405 EAST MAIN,L.L.C.
e-7)
By:
Date Signed:
CITY
CITY 0 ROUND ROCK, TEXAS
B
Laurie Hadley,tity ager
Date Signed: 02!-
[Acknowledgements on following page.]
3
2020045799 Page 4 of 6
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF JaU
his instru t was acknowledged beforee on this day of A-pp L 2020,
by V-0 a-s—L (Name),as 1�
_I b�- 1 141 _(Title)of 405 EAST
MAIN, L.L.C., a Tex asOlimited 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.
ANNETTE E. RODRIGUEZ
Notary Public,State of Texas
Comm. Expires 09-05-2021
Notary Public in and for the State of
Notary ID.129549158
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day of2020,
by Laurie Hadley, Round Rock City Manager, in the capacity
d or the rpose
ans and
consideration therein indicated.
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y iq N4dy Public in an P0 r the State of Texas
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2020045799 Page 5 of 6
Encroachment Agreement
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405 E Main Street
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Exhibit A
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2020045799 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020045799
Pages- 6 Fee: $45.00
05/04/2020 04:27 PM
1 AST40f
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Nancy E. Rister,County Clerk
Williamson County,Texas
Agenda Item Summary
City of Round Rock
Agenda Number:
Consider executing an Encroachment Agreement for the innermost 5-feet of
a 10-foot wide Public Utility Easement (PUE) located along the southern
property line of Lot 1, Block A, Woodbine Mansion, affecting 405 E. Main
Street.
Title:
City Manager ItemType:
City Manager ApprovalGoverning Body:
5/1/2020Agenda Date:
Brad Wiseman, Director of Planning and Development Services DepartmentDept Director:
Cost:
Indexes:
Encroachment Agreement, Exhibit AAttachments:
Department:Planning and Development Services Department
Text of Legislative File CM-2020-119
This is an application to encroach into the innermost 5-feet of a 10-foot wide PUE located along
the southern property line. The purpose of the requested encroachment is to allow the property
owner additional space to build a shed next to an existing barn, to store a large tent used by this
business.
Section 10-33 of the Subdivision Ordinance allows a landowner to request the vacation of an
easement established by an approved plat or by separate instrument. Since this easement is
close to an existing waterline that is adjacent to the property line, the Utilities and Environmental
Services Department wanted to retain the use of the PUE for possible future line maintenance
so they approved an encroachment agreement for the area shown on Exhibit A. Given the
Utility's position, an encroachment agreement is better suited for this request.
The City of Round Rock Utilities and Environmental Services Department has consented to the
proposed encroachment.
Page 1City of Round Rock Printed on 5/5/2020