CM-2020-149 - 5/29/2020ELECTRONICALLY RECORDED 2020058157
Williamson County, Texas Total Pages: 10
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
ADRIA RENTAL, LLC, a Texas limited liability company, whose current address is 2008
Braunig Cove, Round Rock, Texas 78664, 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 300 Old West, Round Rock, Texas, described as a
part of Lot 1-A of the replat of Lot 1, Chisholm Valley South, Section 16, a subdivision
in Williamson County (the "Property").
B. City is the record holder of a Public Utility Easement and a 20' Public Utility and
Drainage Easement recorded in Cabinet X, Slide 357 Document No. 2003071445,
Replat of Lot 1, Chisholm Valley South Section 16, Williamson County, Texas (the
"Easement Areas").
C. The Owner has requested that the City allow an encroachment on or over a portion of
the Easement Areas, with the Encroaching Structure being in the nature of an
accessible ramp railing, retaining wall, and a double check valve 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 Areas 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 Areas shall be allowed;
(2) The existence of the Encroaching Structure shall be subject to any and
all relevant requirements of the Round Rork 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;
00445864/ss2
ENCR2002-0006 D&H Autom iv
N 1
2020058157 Page 2 of 10
(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 Areas;
(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
2020058157 Page 3 of 10
(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
ADRIA AL, LLC
By:(n�
Date Signed: 5 — I I —"?, 0
CITY
CITY OF ROUND ROCK, TEXAS
By:1�-
Laurie Hadley, ftity Manageri
Date Signed:
[Acknowledgements on following page.]
3
2020058157 Page 4 of 10
ACKNOWLEDGMENT
THE STATE OF L` )<4 5
COUNTY OF P)1 Lt 1)qr/S Q1,1
This instrument was acknowledged before me on this I I*,day of , 2020,
by 6W�=Q DCi CA (Name), as G rj (Ti ) of ADRIA
RENTAL, LLC, a Texas 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.
ROSIELW
Notary Public
STATE OF TEXAS
IN 430347.2 Notary Public in and for the State of
(amy
Comm. Exp, 01/23/2023
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this ��dayof , 2020,
by Laurie Hadley, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated.
Notary Public in an 0
r the State of Texas
4
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2020058157 Page 5 of 10
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ADDImW: 300 OLD WEST DRIVE, ROUND ROCK, TEXAS
LSGAL DSSCRHMON: A 0.008, AND A 0.010 ACRE TRACT OF LAND OUT OF LOT 1—A, OF THE REPLAT OF LOT 1. Cr<HSH0111
MLEY r SOUTH, SECTM 15. OR PLAT THEREOF RECORDED AIN CABIN T X. SLIDE�T RECOFHE MAP D% TEXAS, ACCORDING TOT TEXAS
CERTIII'ICATION
THE UNDERSIGNED DOES HEREBY CERTIFY TO THE PARTIES USTED BELOW THAT THIS r^�'�•.�F
PLAT CORRECTLY REPRESENTS A SURVEY MADE UPON THE GROUND OF THE PROPERTY hP�of �q�ti�y
SHOWN HEREON, AND THAT THERE ARE NO ENCRWAMENTS OF VISIBLE IMPRdVE11 i
EXCEPT AS SHOWN HEREON. AND TAS SWIT THIS PROPERTY KAS ACCESS TO A PUBLIC ROADWAY. �?
XCEPf M" NEIR I, GEORGE E LUCAS
HvrsR: N/A { 4. .41ee....!
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PW No.'. 01er-13Q!274'UE 8iTBViiC um AUGUST 10. 2019 I. RPlS.
tXf oit "H" 2020058157 Page 6 of 10
FIELD NOTE DESCRIPTION FOR A 0.010 ACRE TRACT OF LAND:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY,
TEXAS, AND BEING OUT OF AND A PART OF LOT I -A OF THE REPLAT OF
LOT 1, CHISHOLM VALLEY SOUTH, SECTION 16, A SUBDIVISION IN
WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN CABINET X, SLIDE 357, PLAT RECORDS,
WILLIAMSON COUNTY, TEXAS, AS CONVEYED TO ADRIA RENTAL, LLC IN
A DEED RECORDED IN DOCUMENT NO. 2019010293, OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING for a point of reference at an iron rod found on the northwest right-of-
way line of Old West Drive for the Southeast corner of Lot 1-A of the said subdivision;
THENCE with the northwest right-of-way line of Old West Drive and the southeast line
of said Lot 1-A along a curve to the left with a chord bearing of South 82°29'56" West, a
chord distance of 118.84 feet, an arc length of 118.99 feet and a radius of 680.00 feet to a
calculated point, for the East comer and POINT OF BEGINNING of the herein described
tract;
THENCE continuing with the northwest right-of-way line of Old West Drive and the
southeast line of said Lot 1-A and the southeast line of this tract along a curve to the left
with a chord bearing of South 75°42'39" West, a chord distance of 42.13 feet, an arc
length of 42.14 feet and a radius of 680.00 feet to a calculated point, for the South corner
of this tract;
THENCE through Lot 1-A for the southwest line of this tract North 16°03'52" West, a
distance of 10.30 feet to a calculated point, for the West corner of this tract;
THENCE through Lot 1-A for the northwest line of this tract North 76°06'46" East, a
distance of 42.76 feet to a calculated point, for the North corner of this tract;
THENCE through Lot 1-A for the northeast line of this tract South 12°30150" East, a
distance of 10.00 feet to the POINT OF BEGINNING, containing 0.010 acres of land
(421 square feet), more or less.
Page 1 of?
txnir) I ..H.. 2020058157 Page 7 of 10
Witness my hand this day
1, George E. Lucas, licensed to practice Land Surveying in the State of Texas, hereby
certify that the foregoing metes and bounds legal description and sketch were based on an
on the ground survey, that all visible and apparent protrusions and encroachments into the
easement area are accounted for, including but not limited to building footprint, eaves
and roof overhangs and all visible improvements whatsoever.
CELCO Surveying
2205 Stonecrest Path
New Braunfels, Texas 78130
Firm Registration No. 10193975
......................:....
BY: GEORGE E. LUCAS
R.P.L.S. No. 4160
State of Texas
January 24, 2020
201 b-1302 Easement 3
Pn¢e 2 of 2
txnni "H" 2020058157 Page 8 of 10
FIELD NOTE DESCRIPTION FOR A 0.009 ACRE TRACT OF LAND:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY,
TEXAS, AND BEING OUT OF AND A PART OF LOT I -A OF THE REPLAT OF
LOT 1, CHISHOLM VALLEY SOUTH, SECTION 16, A SUBDIVISION IN
WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN CABINET X, SLIDE 357, PLAT RECORDS,
WILLIAMSON COUNTY, TEXAS, AS CONVEYED TO ADRIA RENTAL, LLC IN
A DEED RECORDED IN DOCUMENT NO. 2019010293, OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING for a point of reference at an iron rod found for the Northeast corner of
Lot I -A of the said subdivision;
THENCE with the northwest line of said Lot 1-A South 74*57'10" West, a distance of
45.50 feet to a calculated point, for the North corner and POINT OF BEGINNING of the
herein described tract;
THENCE through Lot 1-A for the northeast line of this tract North 15102'50" East, a
distance of 20.00 feet to a calculated point, for the East corner of this tract;
THENCE through Lot I -A for the southeast line of this tract South 74157' 10" West, a
distance of 20.00 feet to a calculated point, for the South corner of this tract;
THENCE through Lot I -A for the southwest line of this tract North 15002'50'mwest, a
distance of 20.00 feet to a calculated point on the northwest line of Lot I -A , for the West
corner of this tract;
THENCE with the northwest line of Lot I -A and the northwest line of this tract North
74057' 10" East, a distance of 20.00 feet the POINT OF BEGINNING, containing 0.009
acres of land (400 square feet), more or less.
Page ] of 2
txnIDIT *'H'" 2020058157 Page 9 of 16
Witness my hand this day
I, George E. Lucas, licensed to practice Land Surveying in the State of Texas, hereby
certify that the foregoing metes and bounds legal description and sketch were based on an
on the ground survey, that all visible and apparent protrusions and encroachments into the
easement area are accounted for, including but not limited to building footprint, eaves
and roof overhangs and all visible improvements whatsoever.
CELCO Surveying
2205 Stonecrest Path
New Braunfels, Texas 78130
Firm Registration No. 10193975
.. ..»«........
S
5
BY: GEORGE E. LUCAS
R.P.L.S. No. 4160
State of Texas
January 24, 2020
2016-13D2-F,asement 2
Page 2 of 2
2020058157 Page 10 of 10
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020058157
Pages: 10 Fee: $61.00
06/03/2020 02:58 PM
two
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 Adria Rental, LLC for
an accessible ramp railing, retaining wall, and a double check valve for the
D&H Auto Automotive 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: ENCR2002-0006 PUE D & H Auto - 200518 Executed doc
Department: Planninq and Development Services Department
Text of Legislative File CM-2020-149
This agreement allows private water, storm and sidewalk infrastructure to be located in public
utility easements (PUEs) on this property 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 Punted on 61112020