Loading...
CM-2020-148 - 5/29/2020ELECTRONICALLY RECORDED 2020058158 Williamson County, Texas Total Pages: 6 ENCROACHMENT AGREEMENT This Encroachment Agreement, hereinafter "Agreement," is made and entered into between PRrMAX PROPERTIES, LLC, a North Carolina limited liability company, whose current address is 1100 East Morehead Street, Charlotte, North Carolina 28204-2815, 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 at 1775 Warner Ranch Drive, Round Rock, Texas, described as a part of Lot 1, Block D, Warner Ranch Phase 1, Block D, a subdivision in Williamson County (the "Property"). B. City is the record holder of a Storm Sewer and Drainage Easement recorded as Document No. 2019010921 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 concrete pavement, energy dissipation, box culverts, guardrails, and RCP storm drain as set forth in Exhibit "A,"' attached hereto and incorporated herein by reference for all purposes (collectively 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 sexistenee of the Encroaching Structure shall be subject to any and all relevant r:quirements of the Round Rock Code of Ordinances, including but vot limited to the Building Code; (3) Use, maintenance, repair and removal of the Encroaching Structure shah 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) Remov4l of the Encroaching Structure, or a portion thereof, shall cause the immediate termination of this Agreement; 00445888/ss2 ENCR20D4.0006 Point bi 2020058158 Page 2 of 6 (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 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 2 2020058158 Page 3 of 6 (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. (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 PRIMWPRPEIES, LLC By: Date Signed: MO.AA 15 (,Wp CITY CITY OF ROUND ROCK, TEXAS B ��,LPG dLaurieLHdl y, City Man ger Date Signed: 6—L 12-02,0 [Acknowledgements on following page.] 2020058158 Page 4 of 6 ACKNOWLEDGMENT THE STATE OF COUNTY OF nj&jL(p,� This instrument was acknowledged before me on this / 514aay of M&tA_ 2020, by q (Name), as PjLySj(jeA4 IIC E'D (Title) fPRIMAX PROPERTIES, LLC, a North Carolina 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. J. Gk4,'••a JLRa c� w 2' z 1F pus%' THE STATE OF TEXAS COUNTY OF WILLIAMSON My Commission Expires 7/15/2020 ACKNOWLEDGMENT This instrument was acknowledged before me on thi day ofip4o:ses 2020 by Laurie Hadley, Round Rock City Manager, in the capacity and for and consideration therein indicated. \����QN1QUEgpq�f����i ` • s. O�PaY �UBIiC, of ry Public in n for the State of Texas s CPA • �OF �g 4 2020058158 Page 5 of 6 M Exhibit "A" NNIMN __.._.. _...... _ STATE HIGHWAY 45 —b- (LOUIS HENNA BOULEVARD) _ � t fr i �t II Concrete ` Pavement and Energy I M ` Dissipation (A (OT 1 BLOt31f D ` ' NF4RNFR AAkp1 STJBtUirjAN as 5 oncre e Pavement, Concrete Channeland Energy I Dissipation 8" PVC Underdrain, Concrete / Pavement, and Energy Dissipation LOT 2, BLOCK 0 WARNER RANCH SUBOMSION PHASE 1 1.519 ACRES DOC. NO.. 2019010921 CRY OF ROUND ROCK DRAINAGE / STORM SEWER EASEMENT / DOC. NO.. 2019010921 1 Concrete Cross Access S Drive, Guard Rails, Box \\q Culverts, Curb Inlet, and Energy Dissipation I �1 1` 1 li I III D sa 100 200 j ( IN FEET } $ 1 INCH = 100 Fr, D ENGINEERING (dba) MIDWEST DYNAMIC ENGINEERING CONSULTANTS, PC TITLE: E N C R O A C H M E N T EXHIBIT 714S.Greenville Avenue -S-Albs, TX T:97zsa4.2100 t,,sln0 PROJECT: POINT BLANK INDOOR GUN RANGE I SCALF:`t1; '- 100' r'"^""W^ u. an�i.degw°:vamw� F•ram PRIMAX PROPERTIES, LLC �� I LOT 1 WARNER RANCH SUBDIVSION PHA` " 1, 1775 WARNER RANCH DRIVE K 1 DRAWN BY: CHECKED BY: DATE: ; I`�J NO: ~� BDG JTC 05/04/20 CITY OF ROUND ROCK, WILLAMSON OI.1N ", :, XA5 Plotted: 04/22/2D — 8:59 AM, By, Icumminga File: C:\Uaen\Icummings\Desktop\1297-99-011\Dwg\Exhibits (Miac)\Encroachment\D129799011EXC.dwg, ---> 8.5x11 Line Standard Titleblxk 2020058158 Page 6 of 6 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2020058158 Pages:6 Fee: $41.00 06/03/2020 02-58 PM ATE �f: Nancy E. Rister,County Clerk Williamson County,Texas City of Round Rock Y9D UNROCKxas Agenda Item Summary Agenda Number: Title: Consider executing an Encroachment Agreement with Primax Properties, LLC for concrete pavement, energy dissipation, box culverts, guardrails and RCP storm drains for the Shoot Point Blank Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 5/29/2020 Dept Director: Brad Wiseman, Planning and Development Services Director Cost: $0.00 Indexes: Attachments: ENCR2004-0002 SS & DRG Point Blank - 200520 Executed Doc Department: Planninq and Development Services Department Text of Legislative File CM-2020-148 This agreement allows private storm drain infrastructure and paved areas to be located in the City storm sewer & drainage easement and establishes responsibility for maintenance of this private infrastructure to be that of the property owner, not the City. City of Round Rock Page 1 Printed on 6/1/2020